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Home My WebLink About2019-06-04 Agenda with BackupCit of Denton City Hall Y 215 E. McKinney St. Denton, Texas 76201 �'�, �u www.cityofdenton.com ��'��"�-�'� Meeting Agenda City Council Tuesday, June 4, 2019 1:00 PM Work Session Room & Council Chambers WORK SESSION BEGINS AT 1:00 P.M. IN THE WORK SESSION ROOM REGULAR MEETING BEGINS AT 6:30 P.M. IN THE COUNCIL CHAMBERS After determining that a quorum is present, the City Council of the City of Denton, Texas will convene in a Work Session on Tuesday, June 4, 2019, at 1:00 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: WORK SESSION 1. Citizen Comments on Consent Agenda Items This section of the agenda allows citizens to speak on Consent Agenda Items only. Each speaker will be given a total of three (3) minutes to address any items he/she wishes that are listed on the Consent Agenda. A Request to Speak Card should be completed and returned to the City Secretary before Council considers this item. 2. Requests for clari�ication of agenda items listed on this agenda. 3. Work Session Reuorts A. II) 19�1192 Receive a report, hold a discussion and give staff direction regarding the Water Fiscal Year 2019-20 Operating and Capital Budget. Attachments: Exhibit 1 Aqenda Infarmatian Sheet Water.dacx Exhibit 2 FY2019-20 Water Mini �udcaet �aak.pdf Exhibit 3 Water �udaet Presentatian.bdf B. II) 19�1193 Receive a report, hold a discussion and give staff direction regarding the Wastewater and Drainage Fiscal Year 2019-20 Operating and Capital Budget. Attachments: Exhibit 1- Aqenda Infarmaitan Sheet Wastewater Drainaqe.pdf Exhibit 2 FY2019-2020 Wastewater, Drainaqe Mini �udqet �aak Exhibit 3 Wastewater �udaet Presentatian. Exhibit 4 Drainaqe �udqet Presentatian C. II) 19�1194 Receive a report, hold a discussion and give staff direction regarding the Customer Service Fiscal Year 2019-20 Operating Budget. Page 1 Printed on 6/7/2019 City Council Meeting Agenda June 4, 2019 Attachments: Exhibit 1 Custamer Service Aqenda Infarmatian Sheet.pdf Exhibit 2 Presentatian Exhibit 3 ISR Credit and Callectians Fallaw-Up.pdf D. II) 19�1202 Attachments: E. II) 19�1205 Attachments: Exhibit 4 Interfaith Ministries Inc Evaluatian and Fallaw-Up.pdf Receive a report, hold a discussion, and provide staff direction regarding the fee charged to commercial accounts when utilizing the online and phone payment channel. Exhibit 1- Aqenda Infarmaitan Sheet.pdf Exhibit 2 - Presentatian.pdf Receive a report, hold a discussion, and give staff direction regarding an internal audit of the Police Property Room. Exhibit 1- Acaenda Infarmatian Sheet Exhibit 2- Audit af the Palice Praperty Raam Caver Sheet Exhibit 3- Audit af the Palice Praperty Raam Repart Exhibit 4- Audit af the Palice Praperty Raam Presentatian NOTE: The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law. REGULAR MEETING OF THE CITY OF DENTON CITY COUNCIL AT 6:30 P.M. IN THE COUNCIL CHAMBERS AT CITY HALL, 215 E. MCHINNEY STREET, DENTON, TEXAS AT WHICH THE FOLLOWING ITEMS WILL BE CONSIDERED: 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag "Honor the Texas Flag — I pledge allegiance to thee, Texas, one state under God, one and indivisible." 2. PROCLAMATIONS/PRESENTATIONS A. II) 19�1090 Resolution ofAppreciation for Tim Fisher. B. II) 19�12F�3 C. II) 19�12F�5 National Pollinator Week Denton LGBTQ Pride Month 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. page Z Printed on 6/7/2019 City Council Meeting Agenda June 4, 2019 B. Receive Scheduled Citizen Reports from Members of the Publia This section of the agenda permits any person who has registered in advance to make a citizen report regarding a public business item he or she wishes to be considered by the City CounciL This is limited to no more than four (4) speakers per meeting with each speaker allowed a maximum of four (4) minutes to present their report. At the conclusion of each report, the City Council may pose questions to the speaker or may engage in discussion. If the City Council believes that a speaker's report requires a more detailed review, the City Council will give the City Manager or City Staff direction to place the item on a future work session or regular meeting agenda and advise staff as to the background materials to be desired at such meeting. C. Additional Citizen Reports - This section of the agenda, which is also known as the "open microphone" section, permits any person who is not registered for a citizen report to make comments about public business items not listed on the agenda. This section is limited to two open microphone speakers per meeting with each speaker allowed a maximum of four (4) minutes. Such person(s) must file a"Blue Card" requesting to speak during this period, prior to the calling of this agenda item. During open microphone reports under this section of the agenda, the Council may listen to citizens speak. However, because notice of the subject of the open microphone report has not been provided to the public in advance, the Texas Open Meetings Act limits any deliberation or decision by the Council to: a proposal to place the item on a future agenda; a statement of factual policy; or a recitation of existing policy. Council Members may not ask the open microphone speakers questions or discuss the items presented during open microphone reports. NOTE: If audio/visual aids during presentations to Council are needed, they must be submitted to the City Secretary 24 hours prior to the meeting. 4. CONSENT AGENDA Each of these items is recommended by Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids, purchase orders, contracts, and other items to be approved under the Consent Agenda (Agenda Items A—�. This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, the Consent Agenda Items will be approved with one motion. If items are pulled for separate discussion, they may be considered as the first items following approval of the Consent Agenda. A. II) 19�1041 Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Music and Arts Collaborative; providing for the expenditure of funds; authorizing the City manager, or his designee, to execute said agreement; and providing for an effective date. ($500) Attachments: Exhibit 1- Aqenda Infarmatian Sheet - DMAC Exhibit 2- ardinance and Aqreement B. II) 19�112F� Consider approval of a resolution appointing Frank Pugsley as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The Public Utilities Board recommends approval 6-0. Page 3 Printed on 6/7/2019 City Council Meeting Agenda June 4, 2019 Attachments: C. II) 19�114F� Attachments: D. II) 19�1156 Attachments: E. II) 19�1157 Attachments: F. II) 19�1158 Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2- UTRWD �aard appaintment resalutian Consider adoption of an ordinance by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2019 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended; authorizing the Community Development Manager and Community Development Coordinator to sign release of liens and subordination agreements upon certain conditions; and providing for an effective date. Exhbit 1-AIS-Adaptian af the Actian Plan Exhbit 2-AP2019 Final Draft with Appendix Exhibit 3-ardinance (Actian Plan) Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending Chapter 22 "Parks and Recreation" of the Code of Ordinances, City of Denton, Texas by amending Section 22-6 "Public Art Committee" to provide that the Public Art Committee shall have the duty to make recommendations to the City Council related to cultural districts; amending Section 22-6 to add the Director of Economic Development as an ex-officio member of the Public Art Committee; and providing an effective date. The Public Art Committee recommends approval (6-0). Exhibit 1- Aaenda Infarmatian Sheet Exhibit 2 - ardinance Consider adoption of a resolution of the City Council of the City of Denton designating the Original Denton District as a Cultural District; and providing an effective date. The Public Art Committee recommends approval (6-0). Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Resalutian Consider adoption of a resolution of the City Council of the City of Denton in support of the Original Denton District seeking state designation as an official cultural district from the Texas Commission on the Arts; and providing an effective date. The Public Art Committee recommends approval (6-0). Exhibit 1- Acaenda Infarmatian Sheet Exhibit 2 - Resalutian Exhibit 3- Draft TCA Applicatian G. II) 19�1159 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Ponder Company, Inc., for the Replacement of Resilient Sports Gym Floor at City of Denton's North Lakes Recreation Center; providing for the expenditure of funds therefor; and providing an effective date (IFB 7005 - awarded to Ponder Company, Inc., in the not-to-exceed amount of $100,595.45). Page 4 Printed on 6/7/2019 City Council Meeting Agenda June 4, 2019 Attachments: H. II) 19�1174 Attachments: L II) 19�1187 Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - �id Tabulatian Exhibit 3- ardinance and Cantract Consider adoption of an ordinance of the City of Denton, approving a City co-sponsorship in an amount not to exceed $18,167 of in-kind services and resources for the Denton Juneteenth Celebration, which will be held on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m., and Saturday, June 15, 2019, from 8:00 a.m. to 12:00 a.m., at the Fred Moore Park; and providing an effective date. Exhibit 1 Aqenda Infarmatian Sheet Exhibit 2 ardinance Exhibit 3 Spansarship Appraval Letter Consider adoption of an ordinance of the City of Denton, granting the Denton Juneteenth Celebration Committee a noise exception, pursuant to section 17-20 of the City of Denton Code of Ordinances, for the Denton Juneteenth Celebration, which will be held on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m. and Saturday, June 15, 2019, from to 8:00 a.m. to 12:00 a.m. at the Fred Moore Park; granting an increase in sound levels from 70 to 75 dba and a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. Exhibit 1 Aqenda Infarmatian Sheet Exhibit 2 ardinance J. II) 19� 1190 Consider approval of the minutes of May 21, 2019. Attachments: Exhibit 1- M�V 21 2019 Minutes 6. ITEMS FOR INDIVIDUAL CONSIDERATION A. II) 19�1137 Attachments: Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $47,990,000 in principal amount of "City of Denton General Obligation Bonds, Series 2019"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; enacting other provisions relating to the subject; and providing an effective date. Exhibit 1- Aqenda Infarmatian Sheet.pdf Exhibit 4- 2014 Ga �and Issuance Timeline.pdf Exhibit 3- Preliminarv dfficial Statement.pdf Exhibit 2 - Municipal �and Rates.pdf Exhibit 5 - ardinance.pdf B. II) 19�1138 Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $26,720,000 in principal amount of "City of Denton Certificates of Obligation, Series 2019" for General Government and Technology Services; authorizing the issuance of the Certificates; delegating the authority to certain Page 5 Printed on 6/7/2019 City Council Meeting Agenda June 4, 2019 City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; enacting other provisions relating to the subject; and providing an effective date. Attachments: Exhibit 1- Aqenda Infarmatian Sheet.pdf Exhibit 2- Preliminary afficial Statement.pdf Exhibit 3 - ardinance.pdf C. II) 19�1191 Consider nominations/appointments to the City's Boards, Commissions, and Committees: Committee on Persons with Disabilities, Health & Building Standards Commission, Historic Landmark Commission, Special Citizens Bond Advisory Committee, and Zoning Board of Adjustment. Attachments: Exhibit 1- Aqenda Infarmatian Sheet ��C 6-04-2019 Exhibit 2-�Iaminatians Sheet 6.04.2019 - Updated 7. PUBLIC HEARINGS A. I)CA19�0004 Hold a public hearing and consider adoption of an ordinance of the City of Denton, e Texas, amending Subchapters 5, 8, 14, and 23 of the Denton Development Code by adding definitions, development standards, and minimum parking standards for supportive residential and treatment facility uses; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0). (DCA19-0004e, Treatment Centers, Julie Wyatt) Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Staff Analvsis Exhibit 3- Prapased Subchapter 5 Exhibit 4- Prapased Subchapter 8 Exhibit 5- Prapased Subchapter 14 Exhibit 6- Prapased Subchapter 23 Exhibit 7- Texas Health and Safety Cade Chapter 464 Exhibit 8-"Municibal Issues and Saber Hames" Exhibit 9- Jaint Statement af the Department af HUD and the Department af J� Exhibit 10 - Americans with Disabilities Act af 1990 as amended Exhibit 11 - Planninq and Zaninq Cammissian May 15, 2019 Meetinq Minutes Exhibit 12 - Presentatian Exhibit 13 - Draft ardinance B. � 19�0009a Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit for a Treatment Facility on an approximately 4.4-acre site, generally located on the east side of North Ruddell Street, approximately 495 feet north of Mingo 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. The Planning and Zoning Commission Page 6 Printed on 6/7/2019 City Council Meeting Agenda June 4, 2019 recommended approval (6-0). (519-0009a, Ruddell Campus, Julie Wyatt) Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Staff Analysis Exhibit 3 - Aerial M Exhibit 4 - Zaninq Map Exhibit 5- Future Land Use Map Exhibit 6- Canceptual Site Plan Exhibit 7 - Praiect �Iarrative Exhibit 8 - �Iatificatian Map Exhibit 9- Planninq and Zaninq Cammissian May 15, 2019 Meetinq Minutes Exhibit 10 - Presentatian Exhibit 11 - Draft ardinance C. Z19�0002b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning classification from a Downtown Commercial Neighborhood (DC-N) zoning district and use classification to a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres of land generally located at the northwest comer of the intersection of W. Mulberry Street and S. Carroll Boulevard, in the City of Denton, Denton County, Texas; adopting an amendment to the city's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (Z19-0002b, Denton Bank, Cindy Jackson) Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Staff Analysis Exhibit 3- Site Lacatian Map Exhibit 4- Existinq Zaninq Map Exhibit 5- Future Land Use Map Exhibit 6- Prapased Zaninc� Map Exhibit 7- Camparisan af Permitted Uses Exhibit 8 - Applicant Praiect �Iarrative Exhibit 9-�Iatificatian Map and Respanses Exhibit 10 - Planninq and Zaninq Cammissian Meetinq Minutes Exhibit 11 - Draft ardinance D. � 19�0007b Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a specific use permit to allow a drive-through facility in association with a bank on a property generally located in a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres of land generally located at the northwest corner of the intersection of W. Mulberry Street and S. Carroll Boulevard, in the City of Denton, Denton County, Texas; adopting an amendment to the city's official zoning map; providing for a penalty in the maximum amount of $2,000.00 for page � Printed on 6/7/2019 City Council Meeting Agenda June 4, 2019 violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval with conditions (7-0). (519-0007, Denton Bank, Cindy Jackson) Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Staff Analysis Exhibit 3- Site Lacatian Map Exhibit 4 - Zanina Ma Exhibit 5- Future Land Use Map Exhibit 6 - Cancept Plan Exhibit 7 - Landscape Plan Exhibit 8 - Applicant Praiect �Iarrative Exhibit 9 - �Iatificatian Map Exhibit 10 - Planninq and Zaninq Cammissian Meetinq Minutes Exhibit 11 - Draft ardinance E. I)CA18�0007 Hold a public hearing and consider adoption of an ordinance of the City of Denton, e Texas, amending the 2002 Denton Development Code as currently amended: to add Subchapter 3525 The Denton Square District; to add Section 35252.1.2.A, Design Standards Review Procedures, listing a new type of planning procedure; to add Table 35252.10-A: Summary of Development Review Procedures, illustrating a new type of planning procedure; to add Section 35252.10 Design Standards Review Procedures, establishing procedures for processing an application for a Certificate of Design Consistency; to add Section 3525.4.10 the Denton Square District, establishing a design district and providing for design standards for new construction and certain repairs and renovations in the Denton Square area; providing an appeals process; providing that this ordinance shall be cumulative; providing for severability; providing a penalty clause in the maximum amount of $2,000.00 for violations thereof; providing a savings clause; providing a repealer clause; providing for publication in the official newspaper; and establishing an effective date. (DCA18-0007e, The Denton Square District, Sean Jacobson). Attachments: Exhibit 1- Aqenda Infarmatian Sheet Exhibit 2 - Staff Presentatian Exhibit 3- Standards and Guidelines far the Dentan Square District Exhibit 4- Understandinq the Square District Exhibit 5 - Draft ardinance Exhibit 6- Public Farum Feedback �Iates Exhibit 7- Public �Iatificatian Respanse Map 8. CONCLUDING ITEMS page g Printed on 6/7/2019 City Council Meeting Agenda June 4, 2019 A. Under Section 551.042 of the Texas Open Meetings Act, respond to inquiries from the City Council or the public with specific factual information or recitation of policy, or accept a proposal to place the matter on the agenda for an upcoming meeting AND Under Section 551.0415 of the Texas Open Meetings Act, provide reports about items of community interest regarding which no action will be taken, to include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; or an announcement involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. B. Possible Continuation of Closed Meeting topics, above posted. CERTIFICATE I certify that the above notice of ineeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of , 2019 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM AND COUNCIL CHAMBERS ARE ACCESSIBLE 1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE 1NTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS 1N ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE 1NTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. Page 9 Printed on 6/7/2019 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 19-1192, Version: 1 AGENDA CAPTION Receive a report, hold a discussion and give staff direction regarding the Water Fiscal Year 2019-20 Operating and Capital Budget. City of Denton Page 1 of 1 Printed on 5/31/2019 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� __ City of Denton �_ — _ city xall `�t� Illllllllllllllll�l�uuuuuul�l�ll 215 E. McKinney Street � Denton Texas www.c ityofdenton. com DEPARTMENT: CFO: DATE: AGENDA INFORMATION SHEET Finance Antonio Puente Jr. June 4, 2019 SUBJECT Receive a report, hold a discussion and give staff direction regarding the Water Fiscal Year 2019-20 Operating and Capital Budget. BACKGROUND The City's budget emphasis continues to be focused on cost containment, financial transparency, maintaining excellent customer service and maintaining strong financial management. Staff is pleased to present to the proposed FY 2019-20 Water Operating and Capital Budget to the Council. The budget focus remains on the long-term maintenance of utility assets and system reliability. The budget includes a proposal to change the way impact fee revenue is used to fund eligible projects. Currently, impact fee revenue is used to fund debt service of eligible projects. Moving forward, staff is proposing to utilize revenues to fund both eligible debt service and up-front project cost. This approach allows the department to reduce the amount of debt that is issued for impact fee proj ects. In addition, the proposed budget includes the following cost containment strategies, implementation of an advanced asset management program, no debt issuance in the current fiscal year and evaluated heavy equipment to improve efficiency. The proposed budget the fund maintains its debt coverage ratio and remains above the minimum fund balance target in each of the next 5 years. The PowerPoint presentation for this agenda item is attached as Exhibit 3. Staff looks forward to discussing the proposed FY 2019-20 Water Operating and Capital Budget with the Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on May 6, 2019 ESTIMATED SCHEDULE OF PROJECT Adoption of the budget is scheduled for September 17, 2019 EXHIBITS 1. Agenda Information Sheet 2. FY 2019-20 Water Budget Book 3. 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McKinney St. Denton, Texas 76201 ��,� I�Illlll�uuuuuuu��ii www.cityofdenton.com ��'�� Legislation Text File #: ID 19-1193, Version: 1 AGENDA CAPTION Receive a report, hold a discussion and give staff direction regarding the Wastewater and Drainage Fiscal Year 2019-20 Operating and Capital Budget. City of Denton Page 1 of 1 Printed on 5/31/2019 I7c��w[��>i[>[i hy I [��>r;i�tf�ar��nv� City of Denton �� city xall �� ;;�� 215 E. McKinney Street ��'��^��'�� Denton, Texas www.cityofdenton.com DEPARTMENT: CFO: DATE: SUBJECT AGENDA INFORMATION SHEET Finance Antonio Puente Jr. June 4, 2019 Receive a report, hold a discussion and give staff direction regarding the Wastewater and Drainage Fiscal Year 2019-20 Operating and Capital Budget. BACKGROUND The City's budget emphasis continues to be focused on cost containment, financial transparency, maintaining excellent customer service and maintaining strong financial management. Staff is pleased to present the proposed FY 2019-20 Wastewater and Drainage Operating and Capital Budget to the Council. The budget focus remains on the long-term maintenance of utility assets and system reliability. The budget includes a proposal to change the way wastewater impact fee revenue is used to fund eligible projects. Currently, impact fee revenue is used to fund debt service of eligible projects. Moving forward, staff is proposing to utilize revenues to fund both eligible debt service and up-front project cost. This approach allows the department to reduce the amount of debt that is issued for impact fee projects. In addition, the proposed budget includes the following cost containment strategies, implementation of an advanced asset management program, enacted a feasibility study to increase treatment plant capacity and evaluated heavy equipment to improve efficiency. The proposed budget the fund maintains its debt coverage ratio and remains above the minimum fund balance target in each of the next 5 years. The PowerPoint presentation for this agenda item is attached as Exhibit 3. Staff looks forward to discussing the proposed FY 2019-20 Wastewater and Drainage Operating and Capital Budget with the Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on May 6, 2019 ESTIMATED SCHEDULE OF PROJECT Adoption of the budget is scheduled for September 17, 2019 EXHIBITS 1. Agenda Information Sheet 2. Wastewater, Drainage FY 2019-20 Budget Book 3. Wastewater Presentation 4. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1194,Version:1 AGENDA CAPTION Receiveareport,holdadiscussionandgivestaffdirectionregardingtheCustomerServiceFiscalYear2019-20 Operating Budget. City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance CFO: Antonio Puente Jr. DATE: June 4, 2019 SUBJECT Receive a report, hold a discussion and give staff direction regarding the Customer Service Fiscal Year 2019-20 Operating Budget. BACKGROUND The City’s budget emphasis continues to be focused on cost containment, financial transparency, maintaining excellent customer service and maintaining strong financial management. Staff is pleased to present to the proposed FY 2019-20 Customer Service Operating Budget to the Council. In FY 2019, Customer Service was separated from the Water Utility into a separate Internal Service Fund. As an internal service fund Customer Service is better able to demonstrate the revenues and expenditures that support the operation. In addition, the fund is not required to maintain a fund balance, as such any savings will be trued up at the end of the fiscal year and returned to the contributing fund. The proposed budget includes the following cost containment strategies, reducing volume through investment in self- service, first contact resolution and automated routing. th On March 26, Customer Service discussed the City’s Credit and Collection Policy with the Council, as a follow-up to that presentation staff has attached an Informal Staff Report (ISR) as Exhibit 3. This report th will also be included in the June 7 Friday report. Additionally, Customer Service recently conducted an in-depth review of the partnership with Interfaith Ministries, a follow-up memo is attached as Exhibit 4. Staff looks forward to discussing the proposed FY 2019-20 Customer Service Operating Budget with the Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on May 6, 2019 ESTIMATED SCHEDULE OF PROJECT Adoption of the budget is scheduled for September 17, 2019. EXHIBITS 1.Agenda Information Sheet 2.Presentation 3.Credit and Collection Follow-up ISR 4.Interfaith Ministries, Inc. Evaluation and Follow-up Respectfully submitted: David Gaines, 349-8260 Finance Director Prepared by: Nicholas Vincent, 349-8063 Budget Manager Date: June 4, 2019 Report No. 2019-104 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Credit and Collections Follow-Up Summary BACKGROUND: In October 2017, the Public Utilities Board and City Council received a presentation of Credit and Collections results and practices. The review was specific to Ordinance 2010-292, which details Denton Municipal Utilities’ credit and collection practices implemented in response to recommendations made by Navigant Consulting in a 2008 management review and evidence that the City’s uncollectible debt was increasing in amount and proportion to total accounts receivables. Through review and discussion of information requests, in November 2017 the Public Utilities Board recommended and City Council gave direction to increase funding by $25,000 for the P.L.U.S One program, allow funding to be used towards deposit, update criteria for new contract and proceed with a Homelessness Deposit Waiver. In December 2017, City Council provided direction for modifications regarding internal credit scoring and deposit assessment which were adopted in January 2018. March 26, 2019, Customer Service presented results based on credit and collections changes implemented in the spring of 2018. Additionally, Navigant Consulting presented a follow up study of the overall credit and collections program and practices implemented resultant from their 2008 study recommendations. DISCUSSION: Based on information received on March 26, Council requested clarification and additional information on several topics. Customer Service has actively researched and collected these topics and has made the following conclusions. Actionable items have also been addressed. Interfaith Ministries, Inc. Customer Service Evaluation At the direction of the City Manager, Customer Service conducted a review of customer partnerships with Interfaith Ministries, Inc. A document regarding the client satisfaction survey of Interfaith Ministries, Inc. which contains the formal letter sent by City of Denton, Interfaith’s action plan, Customer Service’s follow-up questions and a meeting summary is included with this report. The survey sample for included 59 of 264 families who received assistance with 24 clients participating in the survey. For clients who were denied an appointment or were denied assistance, we were only able to obtain contact information for 30 clients and only 5 were reached and chose to participate in the survey. Interfaith did not maintain a comprehensive list with contact information for clients who did not receive assistance, nor have they actively sought feedback from clients who no-show for their appointment. However, Interfaith has begun collecting the email address of every potential client Date: June 4, 2019 Report No. 2019-104 who is willing to provide it. That list will be included with the monthly reports provided to Customer Service. The information will be utilized to send a monthly survey to each of the residents on the client list and will include a comment area for the resident to note whether they arrived at the appointment as scheduled and if they did not, to please say why. Homelessness Deposit Waiver Utilization The deposit waiver program is a benefit to participants in housing assistance programs such as transitional housing, permanent supportive housing, and rapid rehousing programs. In February of 2018 and again in June of 2018, the availability of the program was announced, and the application sent out to eligible local nonprofit agencies. It was also promoted by staff at various community coalitions and meetings. Three agencies applied and were accepted between February 2018 and July 2018: Giving Hope, Inc., Interfaith Ministries, and the Veteran Community Navigator Program. In April, Our Daily Bread, the Salvation Army, and Grace Like Rain have been added to the available agencies for clients who are receiving rental assistance or housing stability case management. These are in addition to Denton County Friends of the Family who was already receiving deposit waiver assistance for victims of family violence through Customer Service prior to the program’s implementation. Utilization of the program may vary due to fluctuations in available housing and funding for housing assistance programs and staff turn-over in agencies resulting in lower awareness of the program over time. It is also possible that new program funding awarded may make other agencies eligible for the program that were not previously eligible. In recognition of the need to provide ongoing awareness of the program, Community Development staff will promote the program to community nonprofit providers and community coalitions through a quarterly direct email campaign and will include a promotion of the program on the City’s website. Rate Programs Research Navigant Consulting indicated that some utility systems offer alternative rate structures and discount programs such as senior rates, Life-line/Income-based rates, arrears forgiveness, and weatherization incentives. Customer Service has reviewed the program offerings of Austin, Houston, Lubbock, and San Antonio and have included Equivalent Number of Days Revenue Outstanding (ENDRO) and debt performance where possible. Debt Performance Programs Offered Debt ENDRO Income OtherEfficiencyDonated Ratio Based(Sr, Vet, Medical) Improvements Funds Denton 0.15% 22 X X Austin 0.45% 38 X X X X DeSoto X Houston X X Lubbock 0.54% X San Antonio 0.32% X X X Date: June 4, 2019 Report No. 2019-104 State regulations prohibit municipalities from providing free utility services or forgiving debt and dictates that rates must be uniformly applied. The City of Denton adopted this requirement in the City Charter under article 12, section 2. City Charter, Sec. 12.02. - Rates. The city shall have the power, subject to limitations imposed by state law and this Charter, to fix and, from time to time, revise such rates and charges as it may deem advisable for supplying such utility services as the city may provide. The utilities shall provide no free services; the rates and charges for services to city departments and other public agencies shall be the same as the regular rates and charges fixed for similar services to consumers generally. The rates and charges for services to consumers outside the corporate limits of the city may be greater but shall not be less than the rates and charges for similar service to consumers within the corporate limits of the city. To accommodate uniform rate application rules, it appears most municipal utility organizations offset rates with qualified discounts ranging from an average about $80-$650 annually. However, Grand Prairie has accomplished this by significantly discounting the lowest rate tier to accommodate for consumption required as a necessity. Qualifications for all programs except senior citizen programs appear to be income based with most utilities validating eligibility through participation in state, federal, or local assistance programs. Senior citizen programs vary and may include service discounts, late fee waivers, deposit waivers or payment deadlines which have been extended by several days. Deposits appear to be collected in the same manner for all customers regardless of program qualification. The only exception to this is Austin Energy which waives deposits for veterans returning from deployment and for residents who can prove medical indigency. Commercial Customers by Average Consumption A question was raised about the number of commercial accounts based on their consistent usage. All commercial and industrial customers were reviewed and grouped by electric consumption. The grouping represents all customer’s whose consumption was in the designated service range in each of the previous 12 months for all electric service supplied at one point of delivery and measured through one meter. General Service Small General Service Medium General Service Large Demand Range < 21.0 KW 21.0 KW to < 250 kVA 250 kVA + Customer Count 4,089 1,603 155 Debt Performance Accounts responsible for FY2017-18 bad debt were reviewed and all accounts whose deposit amounts were reduced or removed by the new deposit guidelines were identified. The below chart outlines the findings of this analysis. Date: June 4, 2019 Report No. 2019-104 Total Number of FY2017-18 Write Off Accounts 1,927 Total Number of Accounts with Lower New Guideline Deposit 685 35.6% In response to Council, the below chart provides the dollar amount of bad debt which was experienced under the new credit and collections guidelines. It also shows what bad debt would have been with the same customers under old guidelines as well as what debt would look like if all deposit requirements were reduced to a one month deposit based on current credit guidelines. FY2017-18 Bad Debt Actual with New Guidelines $420,268.97 Under Old Deposit Guidelines $306,746.71 27.0% Standard 1 Month Deposit $472,619.38 12.46% Bad Debt by Demographic Income information related to specific customers contributing to bad debt is not available. However, American Community Survey demographic information contains data indicating the average household income and percentage of residents whose income is below the poverty level based on the census block. Locations producing bad debt in FY2017-18 were matched against this data and grouped by the number of write offs based on the percentage of the population under the poverty level for that group. There is no obvious demographic trend to the distribution of bad debt. Overall, 64% of all bad debt occurs in demographic regions which have a less than 30% poverty level household distribution. Additionally, 22 bad debt accounts (4%) occurred in areas where less than 1% of the population is below the poverty level. The chart below outlines bad debt against available demographic information. Percent of Households Total Number of Percent of Bad Debt Average Household Below Poverty Level Write Offs Income < 10% 272 14% $111,492.12 10% - 19.9% 360 19% $73,217.84 20% - 29.9% 598 31% $54,699.02 30% - 39.9% 299 16% $37,080.75 40% - 49.9% 142 7% $41,514.68 50% - 59.9% 201 10% $24,791.59 60% - 69.9% 35 2% $25,099.00 70% - 79.9% 20 1% $26,721.00 80% - 89.9% 0 - - > 90% 0 - - Transfer of Service Deposit Requirements Each utility account is associated with a service address and the deposit is based on the utility usage for that specific service address. The deposit allows for coverage up to two average utility bills for the service address. When transferring services, a customer may be required to pay a new deposit for Date: June 4, 2019 Report No. 2019-104 their new account. This new deposit would be based off the utility usage at their new address. If the customer has established a D internal credit rating they will be required to pay a one month deposit and a customer with an E internal credit rating will have a two month deposit requirement. This deposit is billed to the customer and not required to be paid prior to connection at their new address. When the prior utility account is closed, the deposit plus interest earned is applied to the final balance. If the remaining balance is a credit and a deposit is required at the new service address, the credit will be applied to the new required deposit. If the balance remaining is a debt, it will be transferred after the final bill due date to the new service address utility account. If the customer needs arrangements at that time, Customer Service will work with the customer. Commerical Deposit Fund Increase Commercial deposit balance has increased since February 2018. This is due to an increase to the number of active commercial accounts and existing accounts which qualified for deposit increase during the quarterly assessment. Additionally, the amount of the average commercial deposit which is based on 2 month consumption increased from $1,204 to $1,240. Late Fee Comparison Navigant Consulting noted that many utilities have moved from a late fee of a set amount to a percentage based late fee. Late fee assessment over FY2017-18 was evaluated to model late fees under the current system, 5%, and 10% of the past due balances. The current fee is shown as its percentage of the average bill for each service class. Impacts to monies collected for late payments were also calculated. Accounts Average Bill Current Flat Fee 5% 10% Commercial 4,016 $1,618.97 $20 $80.95 $161.90 Multifamily 20,852 $116.76 $20 $5.84 $11.68 Residential 33,087 $267.02 $20 $13.35 $26.70 Current Fees BilledBilled at 5% Billed at 10% $325,089.77$650,179.55 Commercial $80,320 $417,000$121,738.60$243,477.20 Multifamily $661,720$441,740.29$883,480.58 Residential $1,159,040.00$888,568.66$1,777,137.33 TOTAL Pay As You Go Prepaid Utilities Promotions Planned website updates to include Pay As You Go information and the rollout of increased cash payment locations for Pay As You Go customers in addition to post-paid customers is scheduled to st be live May 1. An educational video is in production and anticipated for release mid-May. Customer Service is working closely with the Public Communications Office. Public outreach for the Pay As You Go program is actively increasing with a targeted public education campaign planned for July 2019. Date: June 4, 2019 Report No. 2019-104 The July campaign will include a redesign of the Customer Service website for better access to information and resources including Pay As You Go information. The program will be highlighted in the resident newsletter and will receive verbiage on the utility bill insert. Additionally, the campaign will include a themed series of educational posts through social media at least weekly and prominent Pay As You Go information on the main City webpage. Social media posts will be promoted to increase exposure to Denton residents. Pay As You Go social media promotion has begun and will continue on the City of Denton outlets nd leading up to the full promotion. The first post was released April 2 and was picked up by DTV for rd inclusion in their April 3 DTV Newsbreak. Customer Service is providing information, brochures and education to area apartment community leasing offices to increase awareness of the program for tenants. First contact with agents was made th April 9. Many properties have already begun placing Pay As You Go information in the welcome packs for their new residents. Currently, we have met with leasing agents representing 130 properties. Staff has created a weekly plan to ensure all leasing agencies are reached. We are currently working with the Public Communications Office to ensure success of our multifamily partnership by providing the best support materials to communities in a cost sustainable manner. CONCLUSION: There are declining trends in the performance of bad debt, but there is a 6 month delay between a final billing and the point where the balance becomes uncollectible debt. The changes to credit and collection policies were implemented in the middle of a fiscal year and currently only 7 months of bad debt performance have been collected since the new guidelines. The first full fiscal year of bad debt performance which provides baseline performance under the new guidelines will not be available until April 2020. Customer Service agrees with Navigant Consulting’s recommendation of continued monitoring of debt performance and avoidance of additional changes to the guidelines until at least two full fiscal year worth of data is available. This will also allow for increased adoption, performance tracking and impact analysis of the Pay As You Go program’s ability to decrease customer deposit burden while lowering the impact on bad debt. STAFF CONTACT: Tiffany Thomson, Director of Customer Service (940) 349-7401 Tiffany.Thomson@cityofdenton.com Customer Service 601 E. Hickory St. Suite F, Denton, TX 76205 (940) 349-8700 March 5, 2019 Condell Garden Executive Director Interfaith Ministries of Denton, Inc. 1109 N. Elm St Denton, TX 76201 Dear Condell: At the direction of the City Manager, Customer Service conducted a review of customer partnerships with Interfaith Ministries. The finding was that allocated funding is used appropriately and within the set parameters. Additionally, customers who have received assistance have an overall good impression. However, Interfaith Ministries was found to be lacking sense of urgency and responsiveness in assisting customers who are often facing imminent service interruption, communication with clients is inadequate, and information provided on the telephones and website are inconsistent. builds customer relationships that embody the values of our organization. The following summary outlines the methodology, execution, findings, and next steps related to evaluation of Interfaith Ministries conducted from February 14-22, 2019. The customers who visit Interfaith Ministries first go through an appointment screening process. During the screening, customers who show financial need and crisis are given an appointment. They bring all required documentation to the appointment and a decision is made on whether assistance is granted. This means customers fall into one of three categories; denied an appointment, denied assistance, or granted assistance. In order to ensure a well-rounded understanding of the experiences of all customers, we employed a four part survey approach. Surveys were developed for each of the three customer groups as well as a secret shopper panel. All attempts were made to survey a randomized 10% sample of each of the three customer groups. OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 Assistance Received Survey Group: Available assistance data from April 2018 - December 2018 provided a list of 264 families who had received assistance. A randomized sample of 59 records was pulled to allow for customers who were unreachable, refused to participate, or were randomly identified more than once due to multiple visits during the timeframe. A total of 24 customers who were contacted chose to participate. Denied Appointment & Denied Assistance Groups: Customer Service only receives detail data on customers who have received assistance. A request for the list of clients who were either denied assistance or were screened out of the application process was submitted. A complete list was unavailable as summary records are not maintained on these contacts currently. Interfaith Ministries was able to compile a list of both groups from their January contact information sheets. A complete listing from October to current was received March 4. The list yielded 13 records of clients who were denied an appointment and 17 records of clients who were denied assistance. Not all records had contact information, but Customer Service did attempt to locate and contact all available records. Contact was only able to be made with two clients denied appointments and 5 clients who received an appointment but did not receive assistance. Secret Shopper Panel: In order to attempt to get a better idea of the customer's experience, we deployed 4 secret shoppers. Two were anonymous Denton residents, one was a resident employee and one was a non-resident employee. Shoppers were instructed to make contact with Interfaith seeking assistance and document the experience. Survey information was aggregated after completion to provide a view of the whole customer experience. The picture is not as balanced as desired due to lack of denied client information. Survey Group Key Findings: Overall satisfaction was 90% 100% of clients who received assistance would recommend Interfaith Ministries to friends or family in need while only 92% would choose to return to Interfaith personally 93% of respondents indicated they were treated with dignity and respect 100% of clients who received assistance reported Interfaith was respectful of their time and travel with an average of 2 trips to the office required 32% of clients indicated they had difficulty contacting Interfaith Ministries 19% of respondents replied or left comments indicating they were not treated with respect through actions or body language 2 Secret Shopper Results: Three secret shoppers called several times and left messages requesting assistance. To date, Interfaith Ministries has not reached out to any shopper. One of the shoppers reported that the second time she called, the voice mail message had changed and indicated clients seeking assistance should not leave a message, but must come into the office. It further stated that messages would not be returned. This was received prior to the fourth shopper calling. Due to schedule conflicts, they were unable to go in person and withdrew. The following week, we called to review the voice mail message. Instead, there was a message indicating the office was closed for President's Day both the Friday before and the Monday of the holiday. Again, this message indicated that callers seeking assistance should come into the office, not leave a message and calls would not be returned. The shoppers who called Friday morning and afternoon did not receive a message that the office was closed on Friday. 100% of the shoppers consider it difficult to make contact with Interfaith and were not satisfied with their overall experience 1 shopper drove to the location and was able to speak with Interfaith staff and indicated staff were respectful 1 shopper indicated staff was not rude, but did make them feel uncomfortable as though they were disapproved even before having an appointment when they finally reached Interfaith by phone after 8 days 1 shopper indicated the hours were inconvenient due to misinformation on website Overall, it appears Interfaith has a high overall satisfaction rate with customers receiving assistance. However, responsiveness and sense of urgency for residents appears absent. After reviewing the website which indicated clients seeking assistance should call, receiving feedback stating messages were conflicting, and reviewing the phone message ourselves, we asked for confirmation that clients were, in fact, able to call for assistance. We were told that clients are able to call for help, but after nearly 3 weeks since making initial contact, no secret shopper has received communication initiated by Interfaith Ministries. Another area of concern is the office closure of two days for President's day. Scheduled holidays are not available on the website and the office closure message was not available to callers for the full day Friday. The website has varying information related to office hours and indicates residents can call for assistance although our experience is not consistent with that. 3 The findings of our study mimic concerns and feedback from City Council, staff and customers over the last several months. As such, we are requesting a formal plan of action on how the following items will be addressed: 1) Response to customers is made in a timely manner preferably within 1-2 business days. 2) Ensuring customer messages are returned preferably within 1-2 business days. 3) Phone recordings contain clear information which matches the website. 4) Including closure information and holiday schedule on the website. 5) Review website and correct discrepancies such as the hours of operation found on the Contact Us and Apply for Assistance sections of the website. The plan of action should be provided within the next two weeks. It will be reviewed by staff and provided to the City Manager for his review after which we can meet to discuss any further direction or next steps. Sincerely, Tiffany Thomson Director of Customer Service 4 On-site Meeting with Interfaith Ministries & City Staff April 2, 2019 The following contains the action plan items provided by Interfaith Ministries, Inc. including all follow up questions by Customer Service and the corresponding response from Interfaith Ministries, Inc. If additional clarification, action or direction was decided upon during the on-site meeting, that is clearly noted as well. 1. Response to customers is made in a timely manner, preferably the same business day. Interfaith Ministries provides several different types of assistance to community members, including, rent assistance, emergency medical assistance, and assistance with utilities for DMU, TXU, and CoServ customers, as well as various types of other assistance. Depending on the volume of requests received (particularly at peak times of the year), it is not always possible to contact people within the same business day. a. Interfaith is adding a screening form to our agency website, allowing an additional way for customers who are unable to get through by telephone, to contact us. b. Our goal is to contact individuals within 1-2 business days to screen them and to schedule an appointment, if appropriate. City Follow-up Question Interfaith Response Interfaith experienced the same illness setbacks While we are not in a position to predict that our staff last year in about the same time. Since this has and volunteers will all become ill at the same time, happened two years in a row, what is being done our goal this year is to recruit additional volunteers to prevent operational impacts next year? Two and maintain a PRN list of volunteers for when we months of reduced access is more than 15% of the are shorthanded. While these individuals may not be year. This is a significant impact to the public. qualified to see clients, they will at least be able to answer the phone and/or contact customers to let them know we are working on an appointment. Looking to create on call When will a screening form be on the website? The screening form is currently online. What will occur in the meantime to address this We are also asking staff and volunteers from other concern? areas to answer the client line when the caseworker is busy seeing clients, and to review any messages left on the answering machine. 2. Ensuring Customer Messages are returned, preferably the same business day. It has long been the practice of Interfaith Ministries not to accept client messages on our answering machine except in the case of someone wanting to cancel or reschedule an appointment. The outgoing message on our answering machine has indicated this for several years. There are many reasons for this, including the fact that our older telephone and answering machine system is not equipped to handle a large volume of calls. When full, the machine stops recording and cuts people off. Also, unless, names and phone numbers of customers are clearly and distinctly stated, messages are often garbled and difficult to understand, making it difficult to return calls. a. We have recently received a grant to update our voice systems which will allow us to increase the number of users that can be on the phone at one time, direct calls to specific extensions, and take messages for specific persons and purposes. We anticipate that this system will improve the quality of messages and our ability to return them. We will have the updated system in place by June 30th at the latest. b. We are actively recruiting more regular volunteers to answer screening calls. c. One of our goals in our most recently adopted strategic plan is to contact customers within 1-2 business days. City Follow-up Question Interfaith Response Since implementing a goal for 1-2 day client Since implementing the goal in October, 91% of contact, what is your current performance in this clients that have filled out a screening form have area as well as the performance over time? been contacted within 1-2 days, with 50% being contacted the same day, 28% contacted the next day, and 13% contacted within 2 days. Those who reach a caseworker by telephone are screened immediately. Two secret shoppers have still never been As mentioned in our last communication, we were contacted from February. One who left a message not accepting phone messages at that time. Each prior to the phone outage and one who left a screening form has a date of request and notes by the message prior to the outage, but also went in caseworker as to when contacts or contact attempts person and filled out a form then went in person a are made. I would be able to look this up if I knew second time when no call was received. What the name of the person. We make at least two protocol is in place to ensure that all potential attempts to contact each person. clients have been contacted? Are complete voice mail messages which include I have heard the outgoing mail message hundreds of name and a contact number disregarded? Three of times, however, it would serve no purpose to our secret shoppers called and received the contradict your secret shoppers. I will simply say that answering machine. All three indicated there was this issue has been resolved. Should the persons call no indication a voice mail should not be left until again, their calls will be answered or returned, the afternoon of Friday, February 15. The website assuming their messages are clear and tells prospective clients to call for assistance only understandable. receive a message telling them they must come in. Finally, when we asked about whether clients were able to call for assistance, the email response indicated they can; however, the reality appears that a client can get assistance by phone only if someone answers the phone. Otherwise, they must take off work and come in. Once the new phone system is in place, will Yes. clients be able to leave messages and have them returned to prevent having to take multiple days away from work? Will the phone system allow the recording of calls We do not know all of its capabilities yet, but our to monitor quality of the client experience? tech person assures us that we will be able to do some quality assurance monitoring. 3. Enhance customer service approach with customers seeking assistance. Customers are generally highly stressed by their situations when they contact us. Often they have known for several days, sometimes weeks that they would not be able to pay their bills. However, they may wait until right before cut off or after cutoff to contact us. While the majority of clients express satisfaction with the way they are treated by our organization, some perceive the questions we must ask as intrusive and rude or become upset if their utility assistance cannot be provided "on the spot." a. To help ensure that we are not contributing to customer feelings of dissatisfaction, we will be providing staff and volunteers with quarterly customer service and communication skills training. b. The first training was held on 03/13/19. City Follow-up Question Interfaith Response In addition to providing regular training, how do We have a customer satisfaction survey that can be you plan to monitor and measure success? filled out in office or online. Customers are encouraged to fill out this survey. The online version has been available for more than 4 years.. Of those surveys returned, our customer satisfaction rate from November to February averaged 92%. We also have an in-office and online client complaint form. The online form is li forms come to the director who makes an effort to either resolve complaints or explain our decisions. We would always prefer that customers first try to resolve their complaints directly with us. This lets us know quickly and effectively how well we are doing and what corrections might need to be made. MEETING CLARIFICATION: Interfaith will ensure the client screening sheet be provided with all contacts for initial screen through those who receive assistance including an email address for all clients who are willing to provide one. Customer Service will conduct an internal survey of clients by type Denied Appointment, Denied Assistance, Received Assistance. The survey will include request for clarification if the customer indicates they did not arrive at a scheduled appointment. 4. Phone recordings contain clear information which matches the website. a. Messages on both the web site and telephone have been reviewed. b. We are updating them to make sure they are consistent, and trying to be as specific as possible regarding administrative hours and appointment hours. City Follow-up Question Interfaith Response The apply for assistance section is Customers may now submit a screening form online better. However, this should be crystal clear that if unable to reach us byu phone or visit the office. if you are unable to reach by telephone, that you must visit the office. This would help potential clients plan for the possibility of a trip to the office. The contact us section still gives no indication that The web site now indicates that assistance cannot be clients may have to come in. provided over the telephone and that they will have to come to our office if an appointment is scheduled. The hours of availability still do not match. Contact us indicates if you are seeking assistance you have two windows of opportunity to reach someone. The apply for assistance area indicates only a 3 hour daily window. MEETING CLARIFICATION: A little more simple website cleanup is needed and will be completed. 5. Including closure information and holiday schedule on the website. Regarding the early closure on Friday February 15th, it was the director's decision to close early due to the fact that scheduled customers had been assisted and our building still had no working plumbing. Prior to leaving for the day, a sign was placed on our door and our answering machine message was updated to indicate the closure. Nonetheless, we have not been consistent in listing our scheduled holiday closings. a. The website is currently being updated and will be updated as changes occur. It will include holidays and our policy for inclement weather closings. b. In the event of a future unexpected closing on a day not scheduled, we will make an effort to update our face book and web page, our phone message, and leave a sign on our door. City Follow-up Question Interfaith Response Website information looks great! This should be a n/a helpful improvement. I understand closing due to issues such as In the future we will make an effort to respond to plumbing outages. Would it be expected to close messages before closing. without responding to all voice mail messages for assistance first? For our purposes, there should be no need to Yes change the website every time you are closed as long as you have a clearly posted holiday schedule and weather policy as long as the phone message and Facebook are updated for unexpected outages (including weather outages). However, could an email notification to the organizations served also be sent? I would recommend in the situation such as Feb Good feedback. 15, the message could have been more clear. "Due to plumbing issues, the office will be closed Friday afternoon, February 15. Offices will remain closed on Monday, February 18 due to observance of President's Day and will reopen Tuesday, February 19." That helps manage customer perceptions related to agency responsiveness. 6. Review website and correct discrepancies such as the hours of operation found on the Contact Us and Apply for Assistance sections of the website a. Our website is currently being reviewed and updated. b. In addition to correcting any discrepancies, we will be adding a complete list of required documentation, and more specific information about our areas of coverage. We hope that this will cut down on the volume of out-of-area calls received and reduce the amount of no-shows caused by people not willing to provide required documentation. City Follow-up Question Interfaith Response Inclusion of the needed forms and list of required Yes, anything you can do to help us get the correct documentation should assist greatly and reduce information out to customers would be appreciated. unnecessary workload on Interfaith staff. COD could add a link to the Interfaith website and application to help make things as simple as possible for you. We also believe that COD is able to assist by looking at the feasibility of creating an email template with all the basic information, Interfaith contact information, website link and attached forms that will be needed. Staff could email customers the information at the time a referral is suggested. While it cannot be guaranteed at this point, we would be happy to explore that to improve services to our public and to help simplify contact management for Interfaith. MEETING CLARIFICATION: Customer Service will add a link and information for Interfaith Ministries to the City website during the re-design set for July 2019 launch. Additionally, Customer Service is working on feasibility of a process to email customers information on Interfaith services as needed. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1202,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction regarding the fee charged to commercial accounts when utilizing the online and phone payment channel. City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT:Finance CM/ DCM/ ACM: Todd Hileman DATE: June 4, 2019 SUBJECT Receive a report, hold a discussion, and provide staff direction regarding the fee charged to commercial accounts when utilizing the online and phone payment channel. BACKGROUND In 2011, Customer Service charged a flat $4.95 fee to all customers for credit card transactions conducted by telephone and online. The fees were a source of commercial and residential customer frustration and were eliminated in June 2011 as a measure to improve customer relationships and meet expectations to easily pay bills. Credit card adoption rates more than doubled as a result of the change, but by September 2014 credit card processing charges increased from approximately $30,000 to $58,500 monthly. The increase was mainly driven by reward card payments to large commercial accounts. These payments were 8% of the total credit card transactions but accounted for $34,000 of monthly processing fees. On December 1, 2014, the Customer Service department implemented a service fee of 2.7% to all commercial accounts paying with a credit card online and over the phone. The 2.7% fee was implemented as a cost containment strategy to combat increasing costs of card processing fees for the City’s utility billing collections. Since implementation of the service fee, processing costs for all Internet credit card transactions, commercial and residential, have maintained at approximately $367,000 annually versus the almost $700,000 anticipated costs. The current service fee structure was set within the applicable regulations at the time service was established with Elavon (formerly Nova, Inc.) in 2006. Through Fiscal Year 2015-16, Elavon provided credit card processing and gateway services for all city departments accepting credit/debit cards as a payment method. In December 2015, the City’s RFP #5955 (merchant services) was awarded to Wells Fargo Merchant Services (WFMS). Throughout the RFP process and contract negotiations, WFMS was aware of our current practice charging a percentage-based service fee on Internet card transactions for commercial utility payments. As Customer Service began implementation to WFMS, we were informed that credit card regulations have changed, and Customer Service will be designated as a utility rather than a general government merchant. Utility regulations do not support our current fee structure. Customer Service has confirmed with Elavon that we may continue to use this fee structure through the duration of the existing contract but must conform to updated regulations with the introduction of a new contract or provider. The State of Texas is one of 11 states which only allows flat convenience fees of a single, set amount to be assessed to utility payments. Convenience fee model regulations require the flat fee to be assessed on all credit card, debit card and echeck payments made online and by telephone. Additionally, no customer may schedule recurring credit card or echeck payments. The fee cannot be scaled, and no transaction limits may be set. The City may absorb all credit card processing costs, assess fees under the regulations of the convenience fee model, or suspend acceptance of credit cards. Current annual cost of credit card processing is $320K for residential payments. Commercial fees are fully funded through the collection of the 2.7% fee currently in place. Online and telephone commercial payment transactions are almost exclusively small business customers (99%). Changes to the fees assessed or removal of credit card payment options have direct, negative impacts to local small business owners. Customer Service has reviewed payment options as allowed within new regulations and developed four alternatives. Due to restrictions for utility providers, no options are considered favorable. All options create financial and/or customer experience impacts which require City Council direction. The current contract with Elavon is on an extension which ends in May 2020. A minimum 9 month implementation timeline is anticipated to allow for programming changes, proper testing, and allowance for any unexpected delays. To prevent an interruption in service to the public, all changes must be in place before the May 16, 2020 expiration date of the current contact with Elavon. For this reason, staff requests direction be provided at the conclusion of the presentation and discussion of options. RECOMMENDATION Usage of credit cards for bill payment is a minimum customer expectation and associated processing costs are a basic cost of conducting business with the public. Therefore, Customer Service recommends no longer charging a fee for any credit card payment. This decision is consistent with operation of most area municipalities. Only 5 of 32 municipal utilities operate under the convenience fee model and all accept credit card for commercial and residential utility payments. Cost absorption provides the greatest level of customer service to our business community. Unrestricted payment options encourage better relationships with area businesses and influences future business growth. Ability to utilize credit cards for payment provides small businesses greater flexibility and less reliance on immediate availability of cash. Applying payment behaviors from 2014 to current customer and revenue bases, absorbing the cost of all credit card processing fees could reach $1.1M annually ($800K increase over current spending). The total cost should have no impact on utility rates. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Presentation PREPARD BY: Christa Foster, Customer Service Manager (940) 349-7412 Christa.Foster@cityofdenton.com Respectfully submitted: Tiffany Thomson Director of Customer Service City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1205,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding an internal audit of the Police Property Room. City of DentonPage 1 of 1Printed on 5/30/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: June 4, 2019 SUBJECT Receive a report, hold a discussion and give staff direction regarding an Audit of the Police Property Room. BACKGROUND The Police Property Room collects about 11,000 items of property and evidence annually and currently safeguards over 100,000 items in their inventory. The property room contains highly vulnerable inventories such as confiscated drugs, fire arms, cash, etc. The objective of the audit was to provide assurance that the effective internal controls over high-risk property and evidence items exist. The purpose of this item is to present the audit report, discuss the report and receive direction from the City Council. RECOMMENDATION Staff recommends approval of the report on the Audit of the Police Property Room of the Police Department. PRIOR ACTION/REVIEW (Council, Boards, Commissions) During the April 16, 2019 meeting of the Audit/Finance Committee there was a general consensus to move this item forward for the . EXHIBITS 1. Agenda Information Sheet 2. Audit of the Police Property Room Cover Sheet 3. Audit of the Police Property Room Report 4. Audit of the Police Property Room Presentation Respectfully submitted: Umesh Dalal 940-349-8158 City Auditor Audit Response Cover Letter Police Property Room Audit May 28, 2019 City Auditor Acknowledgement has completed a performance audit of the Property Room Unit of the Police Department. We conducted this performance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perform the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives. ions were requested. Police Department Acknowledgement The Police Department is the process of completing several short-term items to address findings from the report, the majority of long-term items identified will be addressed in the redesign of the main police station. pportunity to provide input, respond to and review the audit of the Property Room Unit of the Police Department prior to the findings being shared with the Audit & Finance Committee and City Council. As is noted in the the longer-term concerns identified will be addressed with the upcoming remodel of the main police station. 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 19-1090,Version:1 AGENDA CAPTION Resolution of Appreciation for Tim Fisher. City of DentonPage 1 of 1Printed on 5/30/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1263,Version:1 AGENDA CAPTION National Pollinator Week City of DentonPage 1 of 1Printed on 5/30/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1265,Version:1 AGENDA CAPTION Denton LGBTQ Pride Month City of DentonPage 1 of 1Printed on 5/30/2019 powered by Legistar™ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1041,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Music and Arts Collaborative; providing for the expenditure of funds; authorizing the City manager, or his designee, to execute said agreement; and providing for an effective date. ($500) City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CMO CM/ DCM/ ACM: Todd Hileman DATE: June 4, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and Denton Music and Arts Collaborative; providing for the expenditure of funds; authorizing the City manager, or his designee, to execute said agreement; and providing for an effective date. ($500) BACKGROUND This Agreement allows for the total expenditure of $500 from Council Contingency Funds. (Council Member Keely Briggs, $500). Key provisions of the Agreement include: Funds shall be used by Denton Music and Arts Collaborative to enable them to continue programs that support and encourage the creative arts in the city. In addition to other reporting requirements, documentation in the form of cancelled checks and/or corresponding receipts specifically detailing expenditure of funds for the purpose provided is required for reimbursement from these designated funds FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance w/Agreement Respectfully submitted: Todd Hileman City Manager Prepared by: Marcel Akhame CMO Intern City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1126,Version:1 AGENDA CAPTION Consider approval of a resolution appointing Frank Pugsley as the City’s representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The Public Utilities Board recommends approval 6-0. City of DentonPage 1 of 1Printed on 5/31/2019 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: June 4, 2019 SUBJECT Consider approval of a resolution appointing Frank Pugsley member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The Public Utilities Board recommends approval 6-0. BACKGROUND The City of Denton is a member of UTRWD, a State-chartered conservation and reclamation district for the Denton County area. The Board of Directs has regional responsibilities for developing, funding and implementing regional water and wastewater systems. A high priority of the Board is to plan ahead for a secure water supply, adequate for the next 50 years. Tim Fisher, Water Utilities Director, served as the City representative on the Board of UTRWD since 2001. Mr. Fisher is retiring, and I am recommending appointing Frank Pugsley, the current Water Utilities Mr. Pugsley upon appointment, willserve the remainder of the current four-year term, which expires on May 31, 2021. At that time, he will be eligible for reappointment for another four-year term. Mr. and is He has over 15 years of experience as a civil/environmental engineering consultant for municipalities and water/wastewater utilities and has served as the Deputy Director of Water and Wastewater for the City of Denton prior to becoming the Director of Water. EXHIBITS 1. Agenda Information Sheet 2. Resolution Respectfully submitted: Kenneth Banks Utilities Director City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1146,Version:1 Consider adoption of an ordinance by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2019 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended; authorizing the Community Development Manager and Community Development Coordinator to sign release of liens and subordination agreements upon certain conditions; and providing for an effective date. City of DentonPage 1 of 1Printed on 5/30/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs and IGR - Community Development CM/ DCM/ ACM: Sara Hensley, Assistant City Manager DATE: June 4, 2019 SUBJECT Consider adoption of an ordinance by the City of Denton, Texas, authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 2019 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, as amended; authorizing the Community Development Manager and Community Development Coordinator to sign release of liens and subordination agreements upon certain conditions; and providing for an effective date. BACKGROUND The City of Denton prepares an Action Plan for submission to the US Department of Housing and Urban Development (HUD) annually, which serves as the City’s application for the Community Development Block Grant (CDBG) and Home Investment Partnerships (HOME) programs (Exhibit 2). The required 30-day comment period, and advertisement of the opportunities to review the Action Plan, allows residents to comment on proposed activities and funding levels. PUBLIC PARTICIPATION - INFORMING COMMUNITY NEEDS To gain public input to develop the 2019 Action Plan, staff held two public hearings on December 3, 2018 at the Denia Recreation Center and December 10, 2018 at the MLK, Jr. Recreation Center, and used an online survey requesting citizen input regarding the use of CDBG and HOME funds in December 2018. Spanish translation was available at the public hearings and through the online survey. Public hearing outreach methods included the following: 1.Newsletters sent out by mail to the Community Development mailing list which includes service organizations, churches, City departments and individual households; 2.Newsletters were available at recreations centers and libraries; 3.Emails to neighborhood association representatives requesting they forward public hearing information to their residents; 4.Emails to local social service agencies; 5.Information posted on the City’s website; 6.Newspaper advertisement in the Denton Record Chronicle; 7.Information to City Council members and City employees through the Friday Report; 8.Information on DTV news segments; and 9.Information was posted on the City’s Facebook page. A full summary of all citizen comments are available in the 2019 Action Plan in Appendix 5-9. FINAL HUD ALLOCATION AND TOTAL FUNDING AVAILABLE On April 15, 2019, staff received notice of the City’s Community Development Block Grant (CDBG) and Home Investment Partnerships Program (HOME) funding allocation amounts. For PY 2019/20 the City’s allocation from HUD totaled $1,449,940 which is a $1,802 increase in CDBG funds and a $34,629 decrease in HOME funding. HUDGRANTSPY2018/19PY2019/20Difference(+/) CDBG$991,386$993,188(+)$1,802 HOME$491,381$456,752()$34,629 In addition to the annual allocation, the amount available for projects recommended for funding in this year’s Action Plan also includes prior year reallocated funds and estimated program income, increasing the total available for funding to the amount of $1,705,863. The City of Denton is amending the 2017 Action Plan for Housing and Community Development to reallocate $150,000 in 2017 HOME funds from the Infill New Construction Program. The City of Denton is also amending the 2018 Action Plan to reallocate $17,923 in CDBG funds from the Health Services of North Texas. THE ACTION PLAN ACTIVITIES RECOMMENDED BY CITIZEN COMMITTEES To help determine the activities to receive funding presented in the annual Action Plan, the City Council appointed Community Development Advisory Committee (CDAC) and Human Services Advisory (HSAC) committees conducted a formal application process and developed funding recommendations to present to City Council. The following is a summary of the application process and committee timeline for this year: Application availability for the grants was advertised in November and December 2018; Staff held application training workshops in December 2018 and January 2019; Applications were due in January, 2019; CDAC and HSAC reviewed applications submitted by various organizations and City departments. Requests for funding were presented to the CDAC and HSAC in February and March 2019. The CDAC and HSAC meeting minutes are available on the City’s website https://www.cityofdenton.com/en-us/government/open/agendas-minutes; Each committee developed a set of funding recommendations in March 2019 – the last meetings of the CDAC and HSAC were recorded and are available online; The Draft 2019 Action Plan (Exhibit 2) was prepared in April 2019 based on the HSAC and CDAC recommendations; and CDAC and HSAC presented recommendations to City Council on May 7, 2019 (ID19-946). PUBLIC PARTICIPATION - COMMENTS ON THE ACTION PLAN PROPOSED ACTIVITIES st The Draft 2019 Action Plan comment period was conducted May 1 through May 30th. The comment period was advertised in the Denton Record-Chronicle (Plan, Appendix 10), on the City’s website, on the City’s Facebook page, and in the Community Development newsletter. On May 21, 2019, the City held a public hearing inviting citizens to comment on the City of Denton’s 2019 Action Plan. During the public hearing, the City received seven comments in support of the 2019 Action Plan funding recommendations and one comment with a concern for the funding recommendation for Habitat for Humanity. The following is a brief summary. To view the full public hearing and comment’s please visit: https://dentontx.new.swagit.com/videos/28686. Rudy Garza, Denton Affordable Housing Corporation, in support of 2019 Action Plan Michele Conner in support of 2019 Action Plan Debbie Jenson in support of 2019 Action Plan David Johnson, Board President for Habitat for Humanity, in support of funding recommendation for Habitat for Humanity Jacob Moses, Board Member of Denton Affordable Housing Corporation (DAHC), expressed appreciation and support of funding recommendation for DAHC Rey Hernandez in support of 2019 Action Plan and funding recommendation for Habitat for Humanity John Montoya in support of funding recommendation for Habitat for Humanity Willie Hudspeth spoke with a concern for the location of Habitat for Humanity homes in the City of Denton and asked Council to consider the high concentration of low-income housing in only one area in Denton FISCAL INFORMATION All projects and programs activities approved under the 2019 Action Plan are funded with CDBG and HOME funds and program income from the use of these funds. Some program administration costs are paid from general funds and the City Council allocates general fund dollars to provide grants for social services but no general fund dollars are included in the proposed Action Plan activities. OPTIONS Adopt the Ordinance accepting the 2019 Action Plan as presented; Recommend Revisions to the 2019 Action Plan* *The Action Plan must be submitted to HUD on or before the June 15, 2019 deadline. Amendments to the Action Plan can be made after adoption. EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Draft 2019 Action Plan for Housing and Community Development with Certifications Exhibit 3 – Ordinance Respectfully submitted: Danielle Shaw Community Development Manager CityofDenton CommunityDevelopmentDivision 2019ActionPlan 5thyearofthe20152019ConsolidatedPlan (August1,2019throughJuly31,2020) ͵͵͵ŅƚƩŷƚǒƭźƓŭğƓķĭƚƒƒǒƓźƷǤķĻǝĻƌƚƦƒĻƓƷ HUDAPPROVALCITYCOUNCILAPPROVAL HUDSubmittalJune15,2019FundingPresentationMay7,2019 HUDApprovalTBDPublicHearingMay21,2019 CityCouncilConsiderationJune4,2019 AnnualActionPlan1 2019 OMBControlNo:25060117(exp.06/30/2018) ExecutiveSummary AP05ExecutiveSummary24CFR91.200(c),91.220(b) 1.Introduction ThisdocumentservesastheCityofDenton's2019ActionPlanfortheCommunityDevelopment BlockGrant(CDBG)andHOMEInvestmentPartnershipsProgram(HOME).Inaccordancewith 24CFRPart91.220ofTitleIoftheHousingandCommunityDevelopmentActionof1974,as amended,theCityofDentonisrequiredtosubmitaOneYearActionPlantotheU.S. DepartmentofHousingandUrbanDevelopment.Theplanoutlinesthespecificprojectsand servicesthatwillbefundedduringthe2019programyear(August1,2019throughJuly31, 2020)toaddressDenton'sstrategiesstatedinthe20152019ConsolidatedPlanforHousing andCommunityDevelopment. TheCityofDentoniscurrentlyanentitlementcityfortheCommunityDevelopmentBlockGrant (CDBG)andaparticipatingjurisdictionfortheHOMEInvestmentPartnership(HOME) Programs.SF424applicationsforCDBGandHOMEareavailableintheappendixsection.Also, includedintheappendixaretheHUDassurancesandcertifications.TheCityofDenton'stotal federalandprogramincomefundingfor2019is$1,705,863(includes$167,923of ReprogrammedFunds). TheCityofDentonisamendingthe2017ActionPlanforHousingandCommunityDevelopment toreallocate$150,000in2017HOMEfundsfromtheInfillNewConstructionProgram.Atotal of$150,000in2017HOMEfundswasreallocatedtotheHomeImprovementProgramduring the2019ActionPlanprocess.TheInfillNewConstructionProgramwascanceled.TheCityof Dentonisalsoamendingthe2018ActionPlanforHousingandCommunityDevelopmentto reallocate$17,923in2018CDBGfundsfromtheHealthServicesofNorthTexasImprovement Project.Atotalof$17,923in2018CDBGfundswasreallocatedtotheMinorRepairProgram duringthe2019ActionPlanprocess.TheHealthServicesofNorthTexasImprovementProject agency. wascanceledastherequestofthe Atotalof78.4%ofallCDBGandHOMEfundshasbeenallocatedtolowandmoderateincome activities.Thisisduetofundsallocatedtoadministrationandunprogrammedfunds.Atotalof $114,215ofunprogrammedHOMEfundswillbeallocatedafterthestartofthe2019program yearthroughasubstantialamendment. 2.SummarizetheobjectivesandoutcomesidentifiedinthePlan Thiscouldbearestatementofitemsoratablelistedelsewhereintheplanorareferenceto anotherlocation.Itmayalsocontainanyessentialitemsfromthehousingandhomelessneeds assessment,thehousingmarketanalysisorthestrategicplan. AnnualActionPlan2 2019 OMBControlNo:25060117(exp.06/30/2018) BelowaretheobjectivesandoutcomesidentifiedintheCityofDenton's20152019 ConsolidatedPlanforHousingandCommunityDevelopment: 1.DecentHousing Encouragehomeownershipbyprovidingdownpaymentandclosingassistanceto30low andmoderateincomehouseholds. Maintain235existingaffordablehousingunitsforlowandmoderateincome householdsincludingreconstruction,substantialrehabilitation,andminorrepairsfor singlefamilyhousingunits. Encourageandmaintain55affordablerentalunitsincludingrehabilitationof substandardunitsandrehabilitationofmultifamilyunits. 2.SuitableLivingEnvironment Provisionofpublicfacilityandinfrastructureimprovementstobenefit10,000people. Provisionofpublicservicessuchashealthandmentalcare,affordabledaycare,after schoolprograms,seniorservices,transitionalhousing,programsforvictimsofdomestic violence,disabledservices,andadvocacyservicestobenefit2800people. Provisionofhomelessassistanceactivitiesfor6500homelesspersonsespecially extremelylowincomeorthosewithnoincome,personswithphysicalandmental disabilitiesincludingtemporaryshelter,food,andclothingtochronicallyhomelessand thosethathaverecentlybecomehomeless. 3.Evaluationofpastperformance Thisisanevaluationofpastperformancethathelpedleadthegranteetochooseitsgoalsor projects. BelowisinformationonthenumberofhouseholdsorpersonsservedthroughtheCDBGand HOMEgrantsfromthe201718ConsolidatedAnnualPerformanceandEvaluationReport.The 2017programyearwasthethirdyearofDenton201519ConsolidatedPlan.Stafffocusedon housing,publicservicesactivitieswithanemphasisonhomelessassistanceandpublicfacility improvements.Belowisadiscussionofprogramyearaccomplishmentsrelatedtothegoalsin the2017ActionPlan: AffordableRentalUnits:Completedthe2015BolivarProjectthatincludedtherehabilitationof a6apartmentcomplexonBolivarStreet.Thecityisontracktomeetits5yeargoalwitha completionrateof89.1%attheendofYear3. HomelessAssistanceandPrevention:2016and2017fundingwasprovidedtotheDenton CountyFriendsoftheFamilyandTheSalvationArmy,Denton.Theagenciesprovidedassistance to3173peopleduringthe2017PY.Thecityisontracktoexceedthe5yeargoalwitha completionrateof129.9%attheendofYear3. AnnualActionPlan3 2019 OMBControlNo:25060117(exp.06/30/2018) HomeownershipAssistance/Education:2017CDBGandresidual2016HOMEfundswere availableduringthe2017PYtoassistthreehouseholdswithhomeownershipassistanceand minorrepairs.WhilethecityfellshortofitsYear3goal,itisontracktomeetthe5yeargoal withacompletionrateof50%attheendofYear3.AreviewoftheHAPprogramdetermined thatthelackofaffordablehousingforsaleingoodconditionandaseller'smarketaffectedthe numberofhouseholdsassistedintheprogramyear. HousingRehabilitation:Duringthe2017PY,theCityofDentonassisted23homeownerswith rehabilitationassistance.ThecityfellshortofitsYear3goalwithacompletionrateof57.1%. ThegoalforHomeImprovementProgram(HIP)wassevenhouseholds,butonlyfour householdswereassisted.Areviewoftheprogramdeterminedthatoneprojectthatbeganin 2017PYwasdelayedduetotheneededitemtobecompletedbythecontractor.TheHIP Programworkedwithtenapplicants,andfourprojectswerecompletedinthe2017PYandfour willbecompletedin2018PY.Twoprojectsweredeniedduetoexcessiveassetsandtheother duetoownershipissues.The2017PYgoalforMinorRepairProgramwas32households,but only19householdswereassisted.TheMinorRepairProgramtook47applications,eightare stillopenandwillbecompletedinthe2018PY.Oftheremaining39applications,19were eligibleduetofloodwayand completedand1completedtherepairthemselves,2werenot repairwasnoteligible,4weredeniedtoguidelinerestrictionsand13didnotcompletetheir application.Thecityisnotontracktomeetits5yeargoalwithacompletionrateof39.2%at theendofYear3. PublicServices:2016and2017fundingwasavailabletoDentonCityCouncilDaySchool,Parks andRecreationKidsSummerCampandSPAN,Inc.providedassistanceto529people.Thecity isontracktomeetits5yeargoalwithacompletionrateof62.3%attheendofYear3. PublicFacilitiesandInfrastructureImprovements:2016CDBGFundingwasavailabletomeet thisgoal.TheFredMooreParkProjectandtheLondonderryPlaygroundReplacementProjects werecompletedduringthe2017programyearincludingreimbursementtotheParksand RecreationDepartment.Bothprojectsassistedatotalof5,000persons.Thecityisclosetothe fiveyeartargetwithacompletionrateof52.8%attheendofYear3.TheCityofDentonisalso workingoncompletingtheCarlYoungParkandQuakertownRestroomsinthenextyearto meetthe5yeargoalwithanadditional6910peoplebenefitting.Bothprojectsareinthe processofbeingbidoutandexpectthattheprojectswillbecompletedduringthe2018 programyear. 4.SummaryofCitizenParticipationProcessandconsultationprocess Toensurecitizenparticipationinthe2019ActionPlanprocessincludingthesubstantial amendmenttothe2017and2018ActionPlans,thecityfolloweditsCitizenParticipationPlanat allstagesoftheplanandamendments. AnnualActionPlan4 2019 OMBControlNo:25060117(exp.06/30/2018) PublichearingswithinlowandmoderateincomeneighborhoodswereheldDecember3,2018 andDecember10,2018andthroughanonlinesurveyrequestingcitizeninputregardingtheuse ofCDBGandHOMEfundsinDecember2018.Spanishtranslationwasavailableatthepublic hearingsupdatedcitizensonthestatusof hearingsandthroughtheonlinesurvey.Thepublic currentprogramsandactivitiesandaskedthecitizenshowtheyfeltthe2019fundsshouldbe spent.Publichearingoutreachmethodsincludedthefollowing: 1.NewsletterssentoutbymailtotheCommunityDevelopmentmailinglistwhichincludes serviceorganizations,churches,Citydepartments,andindividualhouseholds; 2.Newsletterswereavailableatrecreationscentersandlibraries; 3.Emailstoneighborhoodassociationrepresentativesrequestingtheyforwardpublic hearinginformationtotheirresidents; 4.Emailstolocalsocialserviceagencies; 5.Informationpostedonthe/źƷǤ͸ƭwebsite; 6.NewspaperadvertisementintheDentonRecordChronicle; 7.InformationtoCityCouncilmembersandCityemployeesthroughtheCƩźķğǤ͸ƭReport; 8.InformationonDentonDTVnewssegments;and 9.Informationwaspostedonthe/źƷǤ͸ƭFacebookpage. AftertheActionPlanwasdrafted,anadvertisementwasplacedintheDentonRecordChronicle summarizingtheplanandannouncingtothepublicwheretheActionPlanwouldbeavailable forreview,andtheprocessforsubmittingcommentstotheCityofDenton.Acopyofthe advertisementisavailableintheappendixsection.ThedraftActionPlanwasavailableatthe CommunityDevelopmentDepartmentandontheCityof5ĻƓƷƚƓ͸ƭwebpage.The advertisementsalsoincludedinformationontheupcomingpublichearing.Allcomments receivedfromthepublicwereaddressedbeforesubmittingtheplantotheU.S.Departmentof HousingandUrbanDevelopment. Toensurecitizenparticipationatallstagesofthe2019ActionPlanprocess,apublichearingwill bescheduledonMay21,2019duringaCityCouncilMeetingtogivecitizenstheopportunityto commentonthe2019ActionPlanproposedprojectsandactivities. 5.Summaryofpubliccomments AsummaryofpubliccommentsreceivedduringtheDecember3,2018andDecember10,2018 publicmeetingsandtheresultsofthepublicsurveyareavailableintheappendixsection.The appendixalsoincludesanaffidavitofpublicationannouncingthedraft2019ActionPlan. 6.Summaryofcommentsorviewsnotacceptedandthereasonsfornotacceptingthem PubliccommentswerereviewedwithCityCouncilappointedcitizenadvisorycommittees,the CommunityDevelopmentAdvisoryCommitteeandtheHumanServicesAdvisoryCommittee. AnnualActionPlan5 2019 OMBControlNo:25060117(exp.06/30/2018) Eachgroupconsideredallpubliccommentsinformingthedevelopmentofthe2019Action Plan. 7.Summary TheActionPlanwasdevelopedbyrequestingpublicinputregardingtheuseoffederal funds.FundingapplicationswereavailableinNovemberandDecember2018.Application trainingwasprovidedbytheCommunityDevelopmentStaffonbothcommunitydevelopment andhumanservicesapplications.TheCommunityDevelopmentAdvisoryCommitteeandthe HumanServicesAdvisoryCommitteereviewedapplicationsandheldfundinghearingsin FebruaryandMarch2019.Eachcommitteedevelopedasetoffundingrecommendations.The 2019ActionPlanwasdevelopedbasedontheCDACandHSACrecommendations. PR05Lead&ResponsibleAgenciesΑ91.200(b) 1.Agency/entityresponsibleforpreparing/administeringtheConsolidatedPlan Describetheagency/entityresponsibleforpreparingtheConsolidatedPlanandthose responsibleforadministrationofeachgrantprogramandfundingsource. AgencyRoleNameDepartment/Agency CDBGAdministratorDENTONCommunityDevelopmentDivision HOMEAdministratorDENTONCommunityDevelopmentDivision Table1ΑResponsibleAgencies Narrative(optional) TheCommunityDevelopmentDivisionistheleadagencyresponsibleforoverseeingthe developmentoftheConsolidatedPlanfortheCityofDenton.TheCommunityDevelopment DivisionalsoadministerstheCommunityDevelopmentBlockGrant(CDBG)andtheHOME InvestmentPartnerships(HOME)Grant. ConsolidatedPlanPublicContactInformation CityofDenton CommunityDevelopmentDivision 601E.Hickory,SuiteB Denton,Texas76205 Phone:(940)3497726 Fax:(940)3497753 Email:community.development@cityofdenton.com Website:http://www.cityofdenton.com AnnualActionPlan6 2019 OMBControlNo:25060117(exp.06/30/2018) AP10ConsultationΑ91.100,91.200(b),91.215(l) 1.Introduction TheCityofDentonutilizesavarietyofmethodstoencourageongoingparticipationfrom residents,socialserviceproviders,andcommunitydevelopmentorganizations.The participationprocessfortheConsolidatedPlanincludedpublichearings,publiccomment period;acommunitysurveyforcitizens,andnonprofitagencies,participatingincoalitions,and committees,consultationwithvariouscitydepartments;andconsultationwithhousing providers. ProvideaconcisesummaryoftheƆǒƩźƭķźĭƷźƚƓ͸ƭactivitiestoenhancecoordinationbetween publicandassistedhousingprovidersandprivateandgovernmentalhealth,mentalhealth andserviceagencies(91.215(l)) TheCityof5ĻƓƷƚƓ͸ƭCommunityDevelopmentDivisioncoordinatesbetweenpublicand assistedhousingprovidersandprivateandgovernmentalhealth,mentalhealthandservice agenciesforthefiveyearConsolidatedPlanandeachannualActionPlan.TheCitizen ParticipationPlan(CPP),asapprovedbyCityCouncil,setsforththeCity'spoliciesand proceduresforcitizeninputandparticipationinthegrantprocess.Afterapproval,copiesofthe ConsolidatedPlanandtheActionPlanarepublishedandmadeavailableatacitylocationand the/źƷǤ͸ƭwebsite.Atleastonelocationislocatedinlowtomoderateincome neighborhoods.TheCPPalsodescribestheprocessaffordingcitizensandorganizationsthe opportunitytoprovidetheCitywithinformationonhousingandcommunitydevelopment needs,aspartofthepreparationoftheConsolidatedPlanandActionPlans. Additionally,theCityconductsatleasttwopublichearingsduringthedevelopmentprocess beforetheConsolidatedPlanandtheActionPlanarepublished.Anadditionalpublichearing takesplaceduringthe30daycommentperiodinordertoobtaincitizen'sviewsandtorespond tocommentsandquestions.Thisfinalpublichearingisheldinconjunctionwithascheduled CityCouncilmeeting.TheCityalsosendsnotificationstovariousStateagencies,local neighborhoodgroups,citydepartments,andserviceorganizationsaspartoftheconsultation processfortheConsolidatedPlan. TheCityofDentonhasaverystrongnetworkofserviceprovidersincludingthoseproviding housing,education,healthcare,andotherneededservices.Overthepastfouryears,the UnitedWayofDentonCounty,theCityofDenton,theDentonIndependentSchoolDistrictand otherorganizationshavejoinedtogethertoreviewanddiscusstheprovisionofservicesinthe Dentonareainanattempttomaximizethebenefitsderivedfromavailableresources. Belowisalistofthecommunitycommitteesthathavebeenorganizedtoassistinimproving thecoordinationofservices: AnnualActionPlan7 2019 OMBControlNo:25060117(exp.06/30/2018) DentonCountyHomelessCoalition DentonCountyHomelessLeadershipTeam,collectiveimpactproject DentonCountyBehavioralHealthLeadershipTeam,acollectiveimpactproject HealthyCommunitiesCoalition DentonHungerCoalition EarlyChildhoodCoalition UnitedğǤ͸ƭCommunityNeedsAssessmentCommittee DentonCountyHealth5ĻƦğƩƷƒĻƓƷ͸ƭCommunityHealthImprovementPlan(CHIP) DescribecoordinationwiththeContinuumofCareandeffortstoaddresstheneedsof homelesspersons(particularlychronicallyhomelessindividualsandfamilies,familieswith children,veterans,andunaccompaniedyouth)andpersonsatriskofhomelessness. TheCityofDentoninDentonCountyisapartoftheTexasBalanceStateContinuumofCare (CoC)operatedbytheTexasHomelessNetwork(THN).Incollaborationwithourlocal homelesscoalition,theDentonCountyHomelessCoalition(DCHC),theCoCsetsprioritiesfor housingandsupportiveservicestoaddresstheneedsofhomelesspersons(particularly chronicallyhomelessindividualsandfamilies,familieswithchildren,veterans,and unaccompaniedyouth)andpersonsatriskofhomelessness. AsanactiveparticipantintheDCHCandCoC,theCityofDentonisworkingincollaborationand insupportofthesepriorities.CityofDentonStaffmembernowservesontheboardofTexas BalanceofStateContinuumofCare(CoC). CoordinationwiththeCoCoffersexpandedaccesstofunding,qualitycollaborativetools,and greaterknowledgeresources.Collaborationincludesimproveddatacollectionandbetter managementofavailableresourcesbyimprovingtheHomelessManagementInformation System(HMIS)collectionsandincreasingthenumberofcontributorstoHMISlocally.CoC collaborationimprovestherelevanceofdatacollectedthroughtheannualPointinTime(PIT) homelesscount.Lastly,CoCcollaborationhasledtotheimplementationofaCoordinated EntrySystem(CE)asapartofalarger,developingcommunityhousingcrisisresponsesystem. InadditiontolocalfederalCoCfunds,EmergencySolutionsGrant(ESG),SSVF,HOPWAareused locallybyagenciestoprovidepersonsexperiencinghomelessnesswithhousingandsupportive servicesforhousingstability.Thecoalitionsandpartnerships,theCityofDenton,works collaborativelywiththeselocalagenciestoensurefundsforsupportivehousingprogramsarein alignmentwithCoCprioritiesandthattheprogramsaddresstheneedssopersonsexperiencing homelessnesscantransitionoutofhomelessnessintohousingandthoseatriskof homelessnessarepreventedfrombecominghomeless. CoCandlocaldataarevitaltotheefforttoidentifyandaddressthosehousingneeds.Basedon ourcommunitydatafromHMISanalysis,CE,theHousingPriorityList,theannualPITCount,and thenewDataDashboardthoseexperiencinghomelessnessinDentonCountyincludesheltered AnnualActionPlan8 2019 OMBControlNo:25060117(exp.06/30/2018) andunshelteredliteralhomeless;chronicallyhomelessbothinshelterandthoselivinginplaces notfitforhumanhabitationwhoareinneedofhousingservices;familiesandindividualswho arefleeingdomesticviolenceoratriskofhomelessnessduetoimminentdanger;andlow atimminentriskofevictionwhootherwisewouldbe income,atriskIndividualsandfamilies homelesswithoutassistance.Ourprioritizedpopulationsareveterans,chronicallyhomeless, andvictimsofdomesticviolence. DescribeconsultationwiththeContinuum(s)ofCarethatservesthejurisdiction'sareain determininghowtoallocateESGfunds,developperformancestandardsforandevaluate outcomesofprojectsandactivitiesassistedbyESGfunds,anddevelopfunding,policiesand proceduresfortheoperationandadministrationofHMIS ThissectionisnotapplicablesinceDentondoesnotreceiveESGfundsfromHUDasanannual entitlement. 2.DescribeAgencies,groups,organizationsandotherswhoparticipatedintheprocess anddescribetheƆǒƩźƭķźĭƷźƚƓ͸ƭconsultationswithhousing,socialserviceagenciesandother entities Table2ΑAgencies,groups,organizationswhoparticipated 1 Agency/Group/Organization DentonCountyBehavioralHealthLeadership Agency/Group/OrganizationType CollectiveImpactInitiative WhatsectionofthePlanwasaddressed HealthNeeds byConsultation? Brieflydescribehowthe TheDentonCountyBehavioralHealth Agency/Group/Organizationwas LeadershipTeamisaCollectiveImpact consulted.Whataretheanticipated InitiativeenvisioningComprehensive outcomesoftheconsultationorareas behavioralhealthforeverypersoninDenton forimprovedcoordination?County.Theinitiativefacilitatesthedata drivendevelopmentanddeliveryofa coordinatedcontinuumofbehavioralhealth serviceswiththehelpofmorethan30 influentialleadersoflocalorganizations affectingthetreatmentofbehavioralhealth inDentonCounty. 2 Agency/Group/Organization HealthyCommunitiesCoalition Agency/Group/OrganizationType DentonCountyHealthDepartment WhatsectionofthePlanwasaddressed HealthNeeds byConsultation? AnnualActionPlan9 2019 OMBControlNo:25060117(exp.06/30/2018) Brieflydescribehowthe TheHealthyCommunitiesCoalitionisa Agency/Group/Organizationwas coalitionofcommittedtoimprovingthe consulted.Whataretheanticipated healthandwellbeingofthepeoplewholive outcomesoftheconsultationorareas andworkinthecommunity.Projectsinclude ImprovementPlan forimprovedcoordination?aCommunityHealth (CHIP)inordertobetterunderstandthe healthstatusandneedsofthecommunity andusetheknowledgegainedtoimplement programsthatwillbenefitthecommunity. 3 Agency/Group/Organization DentonHungerCoalition Agency/Group/OrganizationType LocalCoalition WhatsectionofthePlanwasaddressed PublicServices byConsultation?HomelessNeedsChronicallyhomeless HomelessNeedsFamilieswithchildren HomelessnessNeedsVeterans HomelessnessNeedsUnaccompaniedyouth Brieflydescribehowthe TocoordinatehungerreliefeffortsinDenton Agency/Group/Organizationwas Countyandsurroundingareabyfacilitating consulted.Whataretheanticipated programsthataddresstheissueofhunger. outcomesoftheconsultationorareas forimprovedcoordination? 4 Agency/Group/Organization EarlyChildhoodCoalition Agency/Group/OrganizationType LocalCoalition WhatsectionofthePlanwasaddressed PublicServicesNeeds byConsultation? Brieflydescribehowthe Coalitionofstakeholdersformedtoengage Agency/Group/Organizationwas andempowerparents,families, consulted.Whataretheanticipated professionals,andcommunitiestoprovide outcomesoftheconsultationorareas enrichedenvironmentsforallchildrenbirth forimprovedcoordination?to8yearsthrough:Advocacy;Resources;and ComprehensiveServices 5 Agency/Group/Organization UnitedWayofDentonCounty Agency/Group/OrganizationType LocalCommittee WhatsectionofthePlanwasaddressed PublicServicesNeeds byConsultation? AnnualActionPlan10 2019 OMBControlNo:25060117(exp.06/30/2018) Brieflydescribehowthe The2017CommunityNeedsAssessment Agency/Group/Organizationwas servesacriticalroleinhelpingmanylocal consulted.Whataretheanticipated nonprofits,schooldistricts,government outcomesoftheconsultationorareas entities,andothersbringresourcesto forimprovedcoordination?DentonCountyandserveourneighborswho mostinneed. are 6 Agency/Group/Organization DentonCountyHomelessCoalition Agency/Group/OrganizationType LocalHomelessCoalition WhatsectionofthePlanwasaddressed HomelessnessStrategy byConsultation? Brieflydescribehowthe TheDentonCountyHomelessCoalition Agency/Group/Organizationwas(DCHC)seekstopromoteacommunitywide consulted.Whataretheanticipated commitmenttothegoalofmaking outcomesoftheconsultationorareas homelessnessRARE,BRIEFandNON forimprovedcoordination?RECURRINGthroughcoordinatedservices andthoseat deliveredtothoseexperiencing riskofhomelessness. Thecoalitioniscomposedofrepresentatives fromnonprofitagencies,DentonCounty cities,schooldistrictandotherengaged stakeholders. 7 Agency/Group/Organization DentonCountyHomelessLeadershipTeam Agency/Group/OrganizationType CollectiveImpactInitiative WhatsectionofthePlanwasaddressed HomelessnessStrategy byConsultation? Brieflydescribehowthe TheDentonCountyHomelessLeadership Agency/Group/Organizationwas TeamisaCollectiveImpactInitiative consulted.Whataretheanticipated envisioningstrategiestoendhomelessnessin outcomesoftheconsultationorareas DentonCounty.Itisapublic/private forimprovedcoordination?partnershipwiththeCityofDentonand UnitedWaytofundpositionsthatprovide thebackbonesupportthatfacilitatesthe datadrivendevelopmentanddeliveryofa coordinatedcontinuumofhomelessnessand preventionofhomelessnessserviceswiththe helpofinfluentialleadersoflocal organizationsaffectingthedeliveryof homelessandhousingservicesinDenton County. AnnualActionPlan11 2019 OMBControlNo:25060117(exp.06/30/2018) IdentifyanyAgencyTypesnotconsultedandproviderationalefornotconsulting TheCitymadeeveryefforttoconsultallAgencytypes. Otherlocal/regional/state/federalplanningeffortsconsideredwhenpreparingthePlan NameofPlanLeadHowdothegoalsofyourStrategicPlanoverlap Organizationwiththegoalsofeachplan? Coordinationwiththeleadentityforthe ContinuumofCare(CoC)planningprocess,the TexasHomelessNetwork(THN)inacollaboration TexasHomeless knownastheCoCBalanceofState.Toimplement ContinuumofCareNetworkBalance CoCstrategiesinDentonCountyaswellas ofStateCoC coordinateshomelessfundingopportunitieslikethe EmergencySolutionsGrantandinitiativesrelatedto Denton. CityofDentonTrackingsupportandcompliancewiththe2030 DevelopmentDentonPlanwillalsosupportCDprogresson 2030DentonPlan Serviceshousingandservicesgoalsincludedinthe2015 Department2019ConsolidatedPlan. GreatestneedsasstatedintheUWassessment 2017UnitedWay mirrormanyofthoseintheConPlan.Supportfrom CommunityUnitedWayof thelargenumberofparticipantsthatdevelopedthe Assets/NeedsDentonCounty UWassessmentwillassistinmeetingthestated Assessment goals. Table3ΑOtherlocal/regional/federalplanningefforts AnnualActionPlan12 2019 OMBControlNo:25060117(exp.06/30/2018) AP12ParticipationΑ91.105,91.200(c) 1.Summaryofcitizenparticipationprocess/Effortsmadetobroadencitizenparticipation Summarizecitizenparticipationprocessandhowitimpactedgoalsetting TheCityofDentonutilizesavarietyofmethodstoencourageongoingparticipationfrom residents,socialserviceproviders,andcommunitydevelopmentorganizations.The participationprocessfortheConsolidatedPlanincludedpublichearings,publiccomment period;acommunitysurveyforcitizensandnonprofitagencies,participatingincoalitionsand committees,consultationwithvariouscitydepartments;andconsultationwithhousing providers.InordertobroadenthecitizenparticipationprocessduringtheActionPlan,residents wereabletoaccessabriefsurveyregardingtheuseofCDBG,HOME,andotherfunding targetedtoassistlowandmoderateincomeindividualsandhouseholdsonthe/źƷǤ͸ƭwebsite 45surveyswerecompletedbycitizens.Asummaryofsurveyresultsislocatedinthe appendix.Theopportunityforresidentstoprovidecommentsandideaswithoutattendinga publichearinggavestaffadditionalinformationonexistingprogramsandwhatcanbedoneto improveservices.Thisinputwillbeused,ifnecessary,toimproveexistingprogramsand,if fundingisavailable,developnewprogramstomeetneedsdescribedinthesurveysandother citizenparticipationactivities. Outreach CitizenParticipation SortModeofTargetofSummarySummaryof Summary OrderOutreachOutreachofresponsecommentsofcomments /receivednotaccepted attendanceandreasons Minorities NonEnglishSpeaking PublicSpecifyother HearingDatelanguage:Spanish SummaryofAllcomments ΑDecemberPersonswith41attended 1commentsin were 3,2018anddisabilitiesmeeting appendix considered. DecemberResidentsoftheCity 10,2018ofDentonincluding lowandmoderate income AnnualActionPlan13 2019 OMBControlNo:25060117(exp.06/30/2018) SortModeofTargetofSummary SummaryofSummary OrderOutreachOutreachofresponse commentsofcomments /receivednotaccepted attendanceandreasons Minorities AdvertisedinNonEnglish theDentonSpeakingSpecify Recordotherlanguage: ChronicleΑSpanishSummaryofAllcomments 230dayPersonswithN/Acommentsinwere commentdisabilitiesappendixconsidered. periodontheResidentsoftheCity 2019ActionofDentonincluding Planlowandmoderate income Surveylinkwase mailedtonewsletter database,emailstoSummaryof Public45surveysAllcomments localcommunitysurvey 3Hearingcompletedwere coalitions,socialresultsin Surveyonlineconsidered. media,andprovidingappendix surveysduringpublic hearings Public Hearingon Personswith 5/21/19SummaryofAllcomments disabilities 4advertisedin8responsescommentsinwere Nontargeted/broad theDentonappendixconsidered community Record Chronicle. Table4ΑCitizenParticipationOutreach AnnualActionPlan14 2019 OMBControlNo:25060117(exp.06/30/2018) Projects AP35ProjectsΑ91.220(d) Introduction TheCityofDentoniscurrentlyaCommunityDevelopmentBlockGrant(CDBG)entitlementand aparticipatingjurisdictionfortheHOMEInvestmentPartnership(HOME)Programs.SF424 applicationsforCDBGandHOMEareavailableintheappendixsection.TheCityofDenton's estimatedtotalfederalfundsandprogramincomefundingforthe2019programyearis $1,705,863andincludes$167,923inreprogrammedfundsfromprioryearfunds.Besidesthe federalfunds,theCityofDentonisalsoleveraginganadditional$678,035inlocalfundsfrom theCityofDentonGeneralFundsforpublicservicesandadministration.Atotalof$114,215of unprogrammedCDBGfundswillbereallocatedafterthestartofthe2019programyear. PleasenotethatTable7ΑProjectInformationshowsthelistofprojectsthatwillbefunded withfederalfundsfromtheU.S.DepartmentofHUDforthe2019programyear.Belowisthe listofprojectsthatarerecommendedtobefundedwithGeneralFundsforthe2019fiscalyear. Generalfundrecommendationswillbeconsideredduringthenormalbudgetingcycleand consideredforapprovalinSeptember2019: ChildCareServices DentonChristianPreschool$28,000toprovidequalityearlychildhoodto79children FredMooreDayNursery,Inc.$35,000fordaycareservicesfor395(350Denton)children EmergencyAssistanceforHomelessorAtRiskHousingAssistance GivingHOPE,Inc.$35,000forhomelesspreventiontoassistfor215(84Denton)people InterfaithMinistries$7,000forshorttermrentalassistancefor140(130Denton)people MonsignorKingHomelessCenter$50,000fortheprovisionofemergencyshelterfor1,000 (450Denton)people OurDailyBread$25,000fortheSeniorProgramCoordinatortoassist2,060(2,039Denton) people DentonCountyHomelessLeadershipTeam$12,000forcoordinatedentry SpecialProgramsforAgingNeeds(SPAN)$3,022forseniorcongregateandhome deliveredmealsfor990(390total/47Denton\[12%\])people FamilyResources CommunitiesinSchoolsofNorthTexas,Inc.$30,000fordropoutpreventionprogramsto assist760(608Denton)people CASAofDentonCounty,Inc.$31,000toprovidecourtadvocacyservicesfor630(200 Denton)children AnnualActionPlan19 2019 OMBControlNo:25060117(exp.06/30/2018) HealthCareandMentalHealthServices DentonCountyMHMR$18,000foroutreachprogramtoassist200(41Denton)suicide survivors HealthServicesofNorthTexas$47,000forhealthcareservicesfor240people PediPlace$7,500formedicalsalaries,andmedicalcareservicedeliverycoststoassist 7,489(383Denton)people OtherTypesofPublicServices RSVPServingDentonCounty(Volunteers)$5,000forvolunteeractivitiesfor500(250 Denton)seniors Projects #ProjectName 12019CommunityDevelopmentAdministration 22019CourtAppointedSpecialAdvocatesProject 32019DAHCRentalRehabProgram 42019DentonCityCountyDaySchool 52019DentonCo.FriendsoftheFamily 62019GraceLikeRainProject 72019HabitatforHumanityProject 82019HomeImprovementProgram 92019CityofDentonPARDSummerCamp 102019MajorSystemsReplacementProgram 112019MinorRepairProgram 122019SalvationArmyofDenton 132019SpecialProgramsforAgingNeeds Table7ProjectInformation AnnualActionPlan20 2019 OMBControlNo:25060117(exp.06/30/2018) Describethereasonsforallocationprioritiesandanyobstaclestoaddressingunderserved needs TheCityof5ĻƓƷƚƓ͸ƭCDBGandHOMEallocationshavenotbeensufficienttoallowforthe fundingofextensivehousing,economicdevelopmentorpublicworksprojects.Geographic standardsdonotapplytocitywideprogramssuchasHomebuyerAssistanceProgram,Home ImprovementProgram,MajorSystemsReplacementProgram,andMinorRepairProgram,and publicservicesprograms.Publicfacilityandpublicimprovementprojectshavebeencompleted inresidentialareasmeetingI 5͸ƭlowtomoderateincomestandards. MinorRepair,MajorSystemsReplacementProgram,HomebuyerAssistanceProgram,Home ImprovementProgramsarebasedonafirstcome,firstservedbasisandtherearenospecific geographicareas.However,theHomeImprovementprogramdoeshavespecificguidelines regardingtheageofthehousing.Regardlessoftheareaincome,housingunitsthatwerebuilt 15yearsagoorless,arenoteligibleforhousingrehabilitationandunitsthatwerebuilt15years agoorlessarenoteligiblefortheminorrepairs.Theserequirementssupporttheuseoffunds inolderneighborhoods. Allinvestmentsinpublicfacilitiesand/orpublicimprovementsarebasedonrequestsreceived fromprojectsthatbenefitresidentsofthelowtomoderateincomeblockgroupsandother areasofthecity.Afterarequesthasbeenmade,Citystaffwillassesstheneedforthe improvementandtheprojectcost.TheCitystaffevaluationwilldeterminewhichrequestsare inaͻŷźŭŷͼneedscategory,areanappropriateuseofCDBGfunds,andareprojectswithcosts thatcanbecoveredundertheCDBGallocation. Theprimaryobstacletoaddressingunderservedneedsremainsalackofadequatefederal funding.Thefollowingareactionsplannedtoaddressobstaclestomeetingunderservedneeds: Seekoutadditionalfundingsourcestosupporthousingandpublicservicesactivities; Assistlocalnonprofitorganizationsinobtaininggrantsorotherfundingtosupporttheir efforts; Ifnecessary,actasaͻƦğƭƭƷŷƩƚǒŭŷͼorganizationtocontinueuseofStateandother fundingtosupporthomelesspreventionandservicesforthehomeless; Continuetosupportexistingpublic(social)servicesprogramsthroughtheallocationand administrationofCityofDentongeneralfunddollars. Workwiththe/źƷǤ͸ƭDevelopmentServicesDepartmenttoimplementrecommendations includedintheDentonPlan2030 AnnualActionPlan21 2019 OMBControlNo:25060117(exp.06/30/2018) AP38ProjectSummary 1 2019CDAdministration ProjectName N/A TargetArea N/A GoalsSupported N/A NeedsAddressed CDBG:$200,237 Funding HOME:$53,675 ProgramadministrationfortheCDBGandHOMEgrants Description andincludesprogrammanagement,coordination,and monitoringassociatedwithcarryingouteligibleactivities. 7/31/2020 TargetDate N/A Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities AdministrationservicesarecarriedattheCommunity LocationDescription DevelopmentDivisionat601E.Hickory,SuiteB,Denton Texas76205 Fundswillbeusedtocoverthecostofplanning, PlannedActivities administering,operatingandmonitoringtheCDBGand HOMEprograms. 2 2019CourtAppointedSpecialAdvocatesProject ProjectName N/A TargetArea PublicFacilitiesandInfrastructureImprovements GoalsSupported PublicFacilitiesandInfrastructureImprovements NeedsAddressed CDBG:$40,000 Funding PublicfacilityimprovementsincludingADAaccessibility Description repairstoexteriorofbuildings. 7/31/2020 TargetDate 185childreninfostercare Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities 604and610N.BellAvenue,DentonTexas76209 LocationDescription FundswillbeusedforpublicfacilityimprovementofCASA PlannedActivities ofDentonCounty. AnnualActionPlan22 2019 OMBControlNo:25060117(exp.06/30/2018) 3 2019DAHCRentalRehabProgram ProjectName N/A TargetArea AffordableRentalUnits GoalsSupported AffordableHousing NeedsAddressed HOME:$84,250 Funding RehabilitationofrentalunitsownedbytheDenton Description AffordableHousingCorp,acertifiedCHDO.DAHC'srental unitsarerentedtolowandmoderateincomerenters. $12,000inHOMEfundswillbeutilizedforoperating costs. 7/31/2020 TargetDate 4lowandverylowincomehouseholds Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities UnitslocatedintheCitylimitsofDenton LocationDescription Rehabilitate2duplexrentalunitsthatarerentedtolow PlannedActivities andverylowincomehouseholds. 4 2019DentonCityCountyDaySchool ProjectName N/A TargetArea PublicServices GoalsSupported ProvisionofPublicServices NeedsAddressed CDBG:$38,000 Funding DentonCityCountyDaySchoolisanonprofitpreschool Description programservingchildrenages2to5yearsonasliding scaletuition.DCCDSprovidesfulldaypreschool educationforkindergartenreadiness.Studentsreceive twomealsandafternoonsnack.Curriculumthemebased subjectsincludemath/science,art/music,circletime/fine arts,earlyliteracy,andphysicaleducation. 9/30/2020 TargetDate 170(160Denton)lowandmoderateincomepersons Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities DentonCityCountyDaySchool;1603PaisleySt;Denton LocationDescription TX76209 AnnualActionPlan23 2019 OMBControlNo:25060117(exp.06/30/2018) Fundswillbeusedforsalariesfortwopreschool PlannedActivities teachers. 5 2019DentonCo.FriendsoftheFamily ProjectName N/A TargetArea PublicServices GoalsSupported ProvisionofPublicServices NeedsAddressed CDBG:$35,000 Funding EmergencyShelterisaresidentialfacilitythatisdesigned Description toinsuretheclient'ssafetybyaddressingshortterm needsofwomenandtheirchildrenwhoarevictimsof domesticviolenceand/orsexualassault.NonResidential Servicesareprovidedtoindividualswhoarenotinneed ofemergencyshelter,butarestillinneedofcounseling, legaladvocacy,legalrepresentation,andotherservices. 9/30/2020 TargetDate 237(105Denton)lowandmoderateincomepersons Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities Addressissuppressed. LocationDescription FundswillbeusedforaportionoftheShelterdirector PlannedActivities and/orassistantshelterdirectorsalaries. 6 2019GraceLikeRainProject ProjectName N/A TargetArea AffordableRentalUnits GoalsSupported AffordableHousing NeedsAddressed CDBG:80,932 Funding Assistancewithpredevelopmentcostsforconstructionof Description acommunityvillagethatwillincluderentalhousingunits, childcareandfamilycarecenters,communityhall, playgroundandoutdoorrecreationalspace,community gardens,walkingpaths,andcasemanagementfor families. 7/31/2020 TargetDate AnnualActionPlan24 2019 OMBControlNo:25060117(exp.06/30/2018) 60homelessfamilies Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities 16acresonMcKinneyStreetacrossfromRyanHigh LocationDescription School. Assistancewithpredevelopmentcoststhatinclude PlannedActivities specificusepermit,siteplan,landscapeplan,tree preservationplan,plats,civilengineeringplansandfirst buildingpermits. 7 HabitatforHumanityProject ProjectName N/A TargetArea HomeownershipAssistance/Education GoalsSupported AffordableHousing NeedsAddressed CDBG:$220,000 Funding HabitatforHumanityofDentonCountypartnerswiththe Description communitytobuildaffordablehousingforeconomically disadvantagesfamilies.Habitatoffersnointerestrate loanstoqualifiedlowincomefamilies.Thisproject includeslandacquisitioninDenton,Texas. 7/31/2020 TargetDate 4lowandmoderateincomehousehold Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities Thisisacitywideprogram.Applicationsaretakenat LocationDescription HabitatforHumanityofDentonCountyat1721N.Carroll Blvd.,DentonTexas76205. Fundswillbeutilizedtoacquirelandinthecitylimitsof PlannedActivities Denton. 8 2019HomeImprovementProgram ProjectName N/A TargetArea HousingRehabilitation GoalsSupported AffordableHousing NeedsAddressed HOME:$354,632 Funding AnnualActionPlan25 2019 OMBControlNo:25060117(exp.06/30/2018) TheHomeImprovementProgramprovidesassistance Description withrehabilitationofowneroccupiedstructuresin targetedneighborhoodsforlowandmoderateincome families.Fundsareavailableinlowinterestloanand grantcombinations.Homesthatarenotsuitablefor rehabilitationaredemolishedandreconstructed.HOME fundsinclude$150,000of2017reallocatedfunds. 7/31/2020 TargetDate 7lowandmoderateincomehouseholds Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities Thisisacitywideprogram.Applicationsaretakenatthe LocationDescription CommunityDevelopmentDivisionat601E.Hickory,Suite B,DentonTexas76205. Fundswillbeutilizedonrehabilitationorreconstruction PlannedActivities costs. 9HomebuyerAssistanceProgram ProjectName N/A TargetArea HomeownershipAssistance/Education GoalsSupported HomebuyerAssistance NeedsAddressed HOME:$80,000 Funding TheHomebuyerAssistanceProgramprovides Description homeownershipopportunitiesforlowandmoderate incomefamiliesinDenton.Theprogramprovidesdown payment,closingcostsandgapassistancetoeligible householdstopurchasetheirfirsthomeinthecitylimits ofDenton,Texas.Theassistanceisprovidedintheform ofaforgivableloanforfiveyears.Theprogramalso providesassistancewithprogramrequiredrepairsinthe formofagrant. 7/31/2020 TargetDate 7lowandmoderateincomehouseholds Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities Thisisacitywideprogram.Applicationsaretakenatthe LocationDescription CommunityDevelopmentDivisionat601E.Hickory,Suite B,DentonTexas76205. AnnualActionPlan26 2019 OMBControlNo:25060117(exp.06/30/2018) HOMEfundswillbeutilizedtoprovidedownpaymentand PlannedActivities closingcostsassistancetofirsttimehomebuyers. 10 2019KidsSummerCamp ProjectName N/A TargetArea PublicServices GoalsSupported ProvisionofPublicServices NeedsAddressed CDBG:$29,000 Funding CoversfeeforincomequalifiedyouthforfullsummerDay Description Campthatprovidesforactivitiesaredesignedto: Integraterecreationwithtutorialmentoringeffortsand teachimportantvaluesandlifeskillssuchasleadership, respectforothersandselfforchildrenwhowould otherwisebeleftathomeallday. 9/30/2020 TargetDate 56lowandmoderateincomepersons Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities CivicCenter,DeniaRecreationCenter,McMathMiddle LocationDescription School,andMLKRecreationCenter FundswillbeusedforStaffsalariesandcampprogram PlannedActivities costs. 11 2019MajorSystemsReplacementProgram ProjectName N/A TargetArea HousingRehabilitation GoalsSupported AffordableHousing NeedsAddressed CDBG:$168,540 Funding Programservesowneroccupiedhomeownersand Description homebuyersbyprovidingagrantofupto$25,000to replacemajorsystemsinahousesuchasHVAC,electrical, plumbing,roof,andwaterheater.Theprogramprovides assistancetolowincomehomeownersandhomebuyers thatareat80%orbelowoftheareamedianincome.The repaircannotbecoveredbyhomeowner'sinsurance. 7/31/2020 TargetDate AnnualActionPlan27 2019 OMBControlNo:25060117(exp.06/30/2018) 5lowandmoderateincomehouseholds Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities Thisisacitywideprogram.Applicationsaretakenatthe LocationDescription CommunityDevelopmentDivisionat601E.Hickory,Suite B,DentonTexas76205. Fundswillbeusedtoreplacethemajorsystemsinan PlannedActivities owneroccupiedhouse. 12 2019MinorRepairProgram ProjectName N/A TargetArea HousingRehabilitation GoalsSupported AffordableHousing NeedsAddressed CDBG:$160,424 Funding Programservesowneroccupiedhomeownersby Description providingagrantofupto$10,000forrepairs.The programprovidesassistancetolowincomehomeowners thatareat80%orbelowoftheareamedianincome.The repaircannotbecoveredbyhomeowner'sinsurance. CDBGfundsincludes$17,923of2018reallocatedfunds. 7/31/2020 TargetDate 16lowandmoderateincomehouseholds Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities Thisisacitywideprogram.Applicationsaretakenatthe LocationDescription CommunityDevelopmentDivisionat601E.Hickory,Suite B,DentonTexas76205. Fundswillbeusedforrehabilitationcostsforminor PlannedActivities repairs. 13 2019SalvationArmyofDenton ProjectName N/A TargetArea PublicServices GoalsSupported ProvisionofPublicServices NeedsAddressed CDBG:$21,978 Funding AnnualActionPlan28 2019 OMBControlNo:25060117(exp.06/30/2018) ShelterK.A.R.E.Kitchen:Servesbreakfastanddinnerdaily Description toshelterclientsandcommunitymembers.Breakfastis servedfrom6:00amto7:00amandDinnerfrom6:00pm to7:00pm.FoodPantry:Givesgroceriesmonthlyto individualsandfamiliesinthecommunitywhoexpressa needandisopenonWednesdaysandFridaysfrom1:00 pmto4:00pm. 9/30/2020 TargetDate 1,045(735Denton)homelesspersons Estimatethenumberand typeoffamiliesthatwill benefitfromtheproposed activities 1508EastMcKinneyStreet,DentonTX76209 LocationDescription Fundswillbeusedforthepurchaseoffoodproducts. PlannedActivities 14 2019SpecialProgramsforAgingNeeds ProjectName N/A TargetArea PublicServices GoalsSupported ProvisionofPublicServices NeedsAddressed CDBG:$25,000 Funding Theseniornutritionprogramprovideshot,nutritionally Description regulatednoontimemealstoseniors60+anddisabled everyMondayFriday.Congregatemealsareprovidedat 4Dentonlocations.Mealsforhomeboundseniorsare deliveredbycaringvolunteersthatprovideadailycheck inaswell. 9/30/2020 TargetDate 990(343Denton,88%)personslowandmoderate Estimatethenumberand incomepersons. typeoffamiliesthatwill benefitfromtheproposed activities DentonSeniorCenter,AmericanLegionSeniorCenter, LocationDescription PrimroseApartments,andHeritageOaksApartments Fundswillbeusedforthecostoffoodformeals. PlannedActivities AnnualActionPlan29 2019 OMBControlNo:25060117(exp.06/30/2018) AP50GeographicDistributionΑ91.220(f) Descriptionofthegeographicareasoftheentitlement(includingareasoflowincomeand minorityconcentration)whereassistancewillbedirected TheCityof5ĻƓƷƚƓ͸ƭCDBGandHOMEallocationshavenotbeensufficienttoallowforthe fundingoflargeorextensivehousing,economicdevelopmentorpublicworks projects.GeographicstandardsdonotapplytocitywideprogramssuchasHomebuyer Assistance,HomeImprovementProgram,MajorSystemsReplacementProgram,MinorRepair Program,andpublicservicesprograms.Thesmallamountoffundsavailableandcontinued reductionsforthepastseveralyearshaslimitedtheuseoffunds.Publicfacilityandpublic improvementprojectshavebeencompletedinresidentialareasmeetingI 5͸ƭlowto moderateincomestandards,generallyneartheĭźƷǤ͸ƭcore. GeographicDistribution TargetAreaPercentageofFunds Table8GeographicDistribution Rationalefortheprioritiesforallocatinginvestmentsgeographically TheCityofDentondoesnotcurrentlydirectitsinvestmentsinspecificgeographicareas. Discussion Housingassistanceinvestments,includingtheHomebuyerAssistanceprogram,Home ImprovementProgram,MajorSystemsReplacementProgram,andMinorRepairProgramare basedonafirstcome,firstservedbasisandtherearenospecificgeographicareas.However, theHomeImprovementprogramdoessetforthsomespecificguidelinesregardingtheageof thehousing.Regardlessoftheareaincome,housingunitsthatwerebuilt15yearsagoorless, arenoteligibleforHomeImprovementProgramassistanceandunitsthatwerebuilt15years agoorlessarenoteligiblefortheMinorRepairProgram.Theserequirementssupporttheuse offundsinolderneighborhoods. Allinvestmentsinpublicfacilitiesand/orpublicimprovementsarebasedonrequestsreceived fromresidentsofthelowtomoderateincomeblockgroupsandotherareasofthecity.Aftera requesthasbeenmade,Citystaffwillassesstheneedfortheimprovementandtheproject cost.TheCitystaffevaluationwilldeterminewhichrequestsareinaͻŷźŭŷͼneedscategory,are anappropriateuseofCDBGfunds,andareprojectswithcoststhatcanbecoveredunderthe CDBGallocation. AnnualActionPlan30 2019 OMBControlNo:25060117(exp.06/30/2018) AffordableHousing AP55AffordableHousingΑ91.220(g) Introduction The/źƷǤ͸ƭhousingprioritiesareencouraginghomeownershipopportunities,maintaining existingaffordablehousingunitsandencouragingandmaintainingstandardaffordablerental unitsforlowandmoderateincomepersons.Forthe2019programyear,theseprioritieswillbe addressedthroughthefollowingactivities:rehabilitationofrentalpropertiesbytheDenton AffordableHousingCorporation,rehabilitationorreconstructionofhousingunitsthroughthe HomeImprovementProgram,minorrehabilitationofhousingthroughtheMinorRepairand MajorSystemsReplacementPrograms,andhomebuyerassistancethroughtheHomebuyer AssistanceProgram. OneYearGoalsfortheNumberofHouseholdstobe Supported Homeless60 NonHomeless43 SpecialNeeds0 Total103 Table9OneYearGoalsforAffordableHousingbySupportRequirement OneYearGoalsfortheNumberofHouseholdsSupported Through RentalAssistance0 TheProductionofNewUnits64 RehabofExistingUnits32 AcquisitionofExistingUnits7 Total103 Table10OneYearGoalsforAffordableHousingbySupportType Discussion Notapplicable. AnnualActionPlan31 2019 OMBControlNo:25060117(exp.06/30/2018) AP60PublicHousing ȟ ΘΐȁΑΑΏȨ§ȩ Introduction Notapplicable.TheCityofDentonhasnopublichousingunits. Actionsplannedduringthenextyeartoaddresstheneedstopublichousing Notapplicable.TheCityofDentonhasnopublichousingunits. Actionstoencouragepublichousingresidentstobecomemoreinvolvedinmanagementand participateinhomeownership Notapplicable.TheCityofDentonhasnopublichousingunits. IfthePHAisdesignatedastroubled,describethemannerinwhichfinancialassistancewill beprovidedorotherassistance Notapplicable.TheCityofDentonhasnopublichousingunits. Discussion Notapplicable.TheCityofDentonhasnopublichousingunits. AnnualActionPlan32 2019 OMBControlNo:25060117(exp.06/30/2018) AP65HomelessandOtherSpecialNeedsActivitiesΑ91.220(i) Introduction Thissectiondescribestheactivitiesplannedduringthe2019programyeartoaddresstheneeds ofpersonswhoarehomelessandothernonhomelessneeds. Describethejurisdictionsoneyeargoalsandactionsforreducingandendinghomelessness includingreachingouttohomelesspersons(especiallyunshelteredpersons)andassessing theirindividualneeds Oneyeargoals: Promotepositivehousingfocusedstrategiesbyfocusingonpermanent housingsolutions ImproveDataCollection,managementandreportingeffortsthroughHMIS,CE,the HousingPriorityListandthenewDataDashboardtoensureallpeopleexperiencing identified. homelessnessareassessedandtheirhousingneeds Understandingthatthecommunitymustidentifyandcontinuallyengageallshelteredand unshelteredpersonswhoarecurrentlyexperiencinghomelessnessincludingthosewhoarein jeopardyofexperiencingchronichomelessness,CityofDentonfundingpartnersparticipatein coordinatedeffortstooutreachtopersonsexperiencinghomelessnessandafocusonour expandingCoordinatedEntry(CE)systemwhichwillbesupportedbyCitygeneralfunds.This efforthasledtothecreationofacommunityHousingPriorityList(HPL)thatallowsthe communitytotrackandprioritizepeoplewhohavethegreatestserviceneedsidentified throughCoordinatedEntry.EffortswillbetargetedtoimprovetheHPLandsupportCase Conferencingtoensureeverypersonexperiencinghomelessnesshasapathwaytoapermanent housingsolution. Annually,theCityparticipatesinthePointIntime(PIT)Countinordertoreachoutandassess theneedsofpersonsexperiencinghomelessness.Citystaffhelpedcoordinatedthe2019Point inTimeCountandwillcontinuetosupporttheannualcountbyparticipatinginthe coordinationandimplementationofthePITCount. Inaddition,theCitysupportsstreetoutreachandCoordinatedEntryprogramsthroughgrants andstaffhumanresources.Todirectlyreachouttoshelteredandunshelteredhomeless personspartnerscompletestreetoutreachincollaborationwithGivingHope,Inc.(GH),the DentonPoliceDepartment,DentonCountyVeteransCoalition,DentonCountyMHMR, volunteers,andotherserviceproviders.Thestreetoutreachteamprovidescasemanagement delivereddirectlytotheunshelteredhomelessonthestreet.Allstreetoutreachclientsare assessedforneedsandintakesareenteredintoHMISusingourCoordinatedEntry(CE)system. DentonCountyFriendsoftheFamily(DCFOF),MonsignorKingOutreachCenterandThe SalvationArmy(TSA)CaseManagersarereachingouttoclientsreceivingemergencyshelter AnnualActionPlan33 2019 OMBControlNo:25060117(exp.06/30/2018) andsupportiveserviceslikefoodandwithcrisishotlines.DCFOF'sCrisisLinestaffand CommunityEducatorsreachoutdailytopersonsexperiencinghomelessnessandthoseatrisk whoarevictimsofdomesticviolence.DCFOFCommunityEducatorsandTSACoordinatorslead outreacheffortsatcommunityeventstoeducatethecommunityaboutavailable services.Housingassistanceprovider,GivingHope,LƓĭ͵͸ƭ(GH)CaseManagercompletes scheduledvisitstosheltersasoutreach.ThesystemisalignedwithotherHUDprogramssuchas DI͸ƭPSHandDentonCountyaIaw͸ƭPSHprogramsthatarealsopullingpeopleoffoftheHPL ashousingunitsandfundingforhousingassistanceisavailable. Addressingtheemergencyshelterandtransitionalhousingneedsofhomelesspersons TheCityofDentonaddressestheemergencyshelter(ES)andtransitionalhousing(TH)needsof personsexperiencinghomelessnessthroughthe/źƷǤ͸ƭgeneralfund;CommunityDevelopment BlockGrant(CDBG)funds;supportingcollaborativeofagenciesusingEmergencySolutions Grant(ESG)FundsawardedthroughtheTexasDepartmentofHousingandCommunityAffairs (TDHCA)anddedicatedhumanresources.Specifically,generalfundshavebeenallocatedto MonsignorKingOutreachCenterandCDBGfundsforDentonCountyFriendsoftheFamilyfor ES.GeneralfundsareallocatedtoGivingHopeforitshomelesspreventionhousingprogram. ThecommunityhaspickeduponsupportoftransitionalhousingprogramsandDentonCounty FriendsoftheFamilyhasbeenawardedotherfederalfundingfortransitionalhousingsothe Cityisbetterabletoleveragecommunityresourceswiththe/źƷǤ͸ƭ͵Theseareexamplesofhow theCitycoordinateslocalresourcesandleverageslocaltaxrevenues,stateofTexasdistributed HUDfunds,andfederalCDBGfundsensuretheemergencyshelterandtransitionalhousing needsofhomelesspersonsareassessed. ThecommunitycompletesdataanalysisofHMIS,CoordinatedEntry(CE)systemandthe accessiblebythepublicthroughtheDataDashboard.The HousingPriorityList,reportingdata CityprovidesgeneralfundstosupportHMISandCE.WeareabletoassesstheES,TH,andPSH needsthrough:performancereportingbyserviceproviders;theannualPITCount;/9ͷƭshared assessmenttool,theVISPDAT;andtheHousingPriorityList(HPL).Forexample,underDI͸ƭ streetoutreachclientsareassessedforhousingneedsandIntakeCoordinatorsatDCFOFand CaseManagersTSAareassessingneedsoftheshelterclientsduringintake,CEassessments, andthroughongoingcasemanagement.TheCEassessmenttoolandHPLprovideimmediate assessmentofneedsandreferraltohousing.Theseprovidekeydataforthecommunityto completeacomprehensiveanalysisofthehomelesssystemtoidentifyneeds,gapsinhousing neededandtousedatatoinformhousing,programmingandfundingdecisions. Investmentinsupportivehousingprogramsaimsshortenthelengthoftimepeopleexperience homelessnessandincreasethenumberofpeopleexperiencinghomelessnesswhoare transitionedtotransitionalandpermanenthousing.Thestrategywillfocusprogramsasstop gapmeasuresavailableuntilapermeanthousingisavailable.Theseprovidemuchneeded stabilitywhereapermanenthousingsolutionisnotavailableofferinghousingstabilitycase AnnualActionPlan34 2019 OMBControlNo:25060117(exp.06/30/2018) managementthatensuresamorestabletransitiontoindependentliving. Helpinghomelesspersons(especiallychronicallyhomelessindividualsandfamilies,families withchildren,veteransandtheirfamilies,andunaccompaniedyouth)makethetransitionto permanenthousingandindependentliving,includingshorteningtheperiodoftimethat individualsandfamiliesexperiencehomelessness,facilitatingaccessforhomelessindividuals andfamiliestoaffordablehousingunits,andpreventingindividualsandfamilieswhowere recentlyhomelessfrombecominghomelessagain Evidencedbasedpracticesupportsprovidinghousingassistanceprogramsthatcombinethe financialhousingassistance,casemanagement,andsupportiveservicestohelppersons experiencinghomelessnesstransitiontopermanenthousingandindependentliving. TheprimarygoalistomaximizetheimplementationofCoordinatedEntry(CE)systemthrough whichpersonsexperiencinghomelessnessareassessedfortheirhousingneeds,prioritiz3ed andreferredtothemostappropriatehousinginterventionavailablethroughtheHousing PriorityList(HPL).TheHPLprovideskeydataforthecommunitytocompleteacomprehensive analysisofthehousingcrisisresponsesystemtoidentifyimportantsystemperformance measureslikethenumberofhomeless,lengthofhomelessness,firsttimehomelessand returnstohomelessnessaswellasbarriersandincome.Thisdatawillinformhousing, programmingandfundingdecisionsthisyearandthosetocome.Thisyear,CityofDenton generalfundsandCommunityDevelopmentBlockGrant(CDBG),supportpartneragenciesto participateinCoordinatedEntry(CE)andHMISreporting(orHMIScomparabledatabase). Shorteningthelengthtimethatindividualsandfamiliesexperiencehomelessness.TheCE designedtoreducethetimethatittakesforapersonwhoishomelessto systemisspecifically havehousingneedsidentifiedandreferredtotherighthousingoption.CEmeansthatall agenciesareusingthesameassessmentidentifyinghousingneedandthenplacingpeopleon referstooneofthelocalshelters,DCFOF,MKOC,and thesinglesharedHPL.Streetoutreach TSAorhousingprogramwhichdirectlyconnectswithreferraltoahousingassistanceprogram likeES,TH,RRH,PSHprograms;andtheDentonHousingAuthorityforhousingchoicevoucher assistance.Whenthenextunitisavailabletheseproviders,pullpeopleofftheHPLbasedon mostcriticalprioritizedneedfirst.Thisiscombinedwithhousingstabilitycasemanagementfor aswifttransitiontoindependentliving. FacilitatingAccess.Toreachmorevulnerablepopulationsexperiencinghomelessness,having sufficienthousingoptionswillbeakeytoensureeverypersoninneedhasachoiceforhousing regardlessoftheircurrentcircumstance.Asacomplimenttothehousingcrisisresponse system,wehaveimplementedaLandlordEngagementprogramandhiredaHousingNavigator supportedbygeneralfundstoincreasetheawarenessoflandlordsabouthomelessprevention programsandincreasethenumberoflandlordswillingtolowerbarrierstohousingandaccept homelesshouseholds.TheCityhasimplementedautilitydepositwaiverprogramforpersons AnnualActionPlan35 2019 OMBControlNo:25060117(exp.06/30/2018) experiencinghomelessnessthathelpstolowerabarriertohousing. Becausewewanttopreventindividualsandfamilieswhowererecentlyhomelessfrom becominghomelessagainanddonotwantclientsinsupportivehousingprogramstoexitto homelessnessorreturntohomelessness,clientsinTHES,TH,RRH,PSHprogramsreceive housingstabilitycasemanagement:education/employmentassistance,lifeskills, transportation,financialempowerment,andapplyingforgovernmentbenefitsandsupport. Generally,housingassistanceisthreetosixmonthsbutRRHcanprovideextendedsupportfor clientswhowereassessedtoneedlongersupportnecessarytoensurehousingstability. Helpinglowincomeindividualsandfamiliesavoidbecominghomeless,especiallyextremely lowincomeindividualsandfamiliesandthosewhoare:beingdischargedfrompublicly fundedinstitutionsandsystemsofcare(suchashealthcarefacilities,mentalhealthfacilities, fostercareandotheryouthfacilities,andcorrectionsprogramsandinstitutions);or,receiving assistancefrompublicorprivateagenciesthataddresshousing,health,socialservices, employment,education,oryouthneeds. Themosteffectivetoolforassistinglowincomeindividualsandfamiliestoavoidbecoming homelessistoensuretherearehousingassistanceresourcestopreventindividualsandfamilies atriskfrombecominghomelessinthefirstplace.Throughcoordinatedstrategies,weareable toincreasefundinganduseexistingfundingmoreefficientlyforhomelessnessprevention programsincludinghousingstabilizationresources;casemanagement;andsupportiveservices neededtohelpmaintainhousing. ChristianCommunityAction(CCA)andGivingHope,Inc.(GH)havecasemanagersworkingwith atriskinhomelesspreventionprogramsbecauseof individualsandfamiliesidentified imminenteviction.CityGeneralfundshavebeenallocatedtoGivingHope,Inc.andInterfaith MinistriestoprovideHomelessPreventionassistancetohelplowincomeindividualsand familiesavoidbecominghomeless.Theprogramsprovidedirecthousingandutilityassistance managementlikebudgetplanning,financialmanagement, andhousingstabilitycase employmentcounseling,etc.InterfaithisalsoawardedfundsfromtheCitythatassistfamilies withutilities,thusreducinghousinginstability. Sheltersworktoavoiddischargingclientsbackintohomelessness.DentonCountyFriendsof theFamily(DCFOF),MonsignorKingOutreachCenter,andTheSalvationArmyDentonin collaborationwithhousingproviderslikeGHandDCMHMRwillexpandextendedshelterstays forshelterresidentsreferredforhousingassistancetoallowmoretimetosecurehousing, employment,education,andotherneedsthathelptoovercomebarrierstohousing.Often shelteredindividualsmustwaitextratimewhenrequestingrapidrehousingfundsorpending propertyreadinessforhousing. Forthosewhoarelikelytobecomehomelessafterbeingdischargedfromapubliclyfunded institutionorsystemofcare,theCityallocatesgeneralfundsforHMISandCE.Inalignment AnnualActionPlan36 2019 OMBControlNo:25060117(exp.06/30/2018) withtheBoSCoCrecommendationsforCE,partofthatstrategyisacommunicationplanfor educatingthepubliconhowtoreferralintotheCEsystemwhichincludebuildingworking relationshipswithinstitutionsandsystemsofcaresuchashealthcarefacilities,mentalhealth facilities,correctionsprogramsandinstitutionsand facilities,fostercareorotheryouth receivingassistancefrompublicorprivateagenciesthataddresshousing,health,social services,employment,educationoryouthneedstoensuretimelyreferralstoavoidaperson becominghomelessupondischarge.Thereisongoingoutreachtothesefacilitiesand communitypartnerstohelpreducepeoplebeingdischargedtohomelessness. Discussion Inadditiontotheeffortsdiscussedinprevioussections,theCitycontinuestosupportactivities thatensurethereareresourcestopreventthosewhoarenothomeless,buthaveotherspecial needs,frombecominghomeless.Hereareafewexamples: CDBGfundssupport{t!b͸ƭcongregateandmealdeliveryprogramsthathelpthe elderlyandfrailwithfoodsecurityandselfsufficiencythatcontributetohousing stability. CDBGfundstotheSalvationArmyDentonforDailyMealsandaFoodpantrythathelps thehomelessandthoseatriskwithfoodsecurityandselfsufficiencythatcontributeto housingstability. /źƷǤ͸ƭgeneralfundsupportofCASAthatensureschildrenagingoutofthefostercare systemhaveresourcesandwillnotexittohomelessness. CityresourcesforstreetoutreachprogramsthroughGivingHope,Inc.toprovide outreachtothechronicallyhomelesslivingunshelteredonthestreet. City'sgeneralfundssupportofRetiredSeniorVolunteerProgramhelpsprovidesupport toseniors. /źƷǤ͸ƭgeneralfundssupportofthreeslidingscaleearlychildhoodeducationprograms thathelplowincomefamilieswithsafe,affordablechildcareandprovidechildrenwith developmentallyappropriatecarethathelpspreparethemtobeschoolready./źƷǤ͸ƭ generalfundsupportofOurDailyBreadforacoordinatortomanageallprograms relatedtosocialservices,referralsprovidedtoclientandmaintaintheHomeless InformationManagementSystemdatabaseincludingservingastheprimaryworkaround forDentonCountyFriendsfortheFamilyclientstobeincludedintheHPLforaccessto availablehousingsolutions. /źƷǤ͸ƭgeneralfundinsupportofaCaseManageremployedjointlybyMonsignorKing OutreachHomelessshelterandOurDailyBreadprovidingsupportiveservicestopeople experiencingoratriskofhomelessness MayorofDentonsignedonthenationalinitiativetoEndVeteranHomelessnessby 2020.TheCityandpartnersareimplementingstrategiestomeetthisgoalbyDecember 2020. AnnualActionPlan37 2019 OMBControlNo:25060117(exp.06/30/2018) AP75BarrierstoaffordablehousingΑ91.220(j) Introduction: Thissectiondescribesthe/źƷǤ͸ƭplantoaddressbarriersinaffordablehousingidentifiedinthe 2015AnalysisofImpedimentstoFairHousingChoice(AI). Actionsitplannedtoremoveoramelioratethenegativeeffectsofpublicpoliciesthatserve asbarrierstoaffordablehousingsuchaslandusecontrols,taxpoliciesaffectingland,zoning ordinances,buildingcodes,feesandcharges,growthlimitations,andpoliciesaffectingthe returnonresidentialinvestment TheCityof5ĻƓƷƚƓ͸ƭAnalysisofImpedimenttoFairHousingdoesnotindicatethatthecurrent publicpoliciescreatebarrierstoaffordablehousing.Thefollowingisanexplanationof 5ĻƓƷƚƓ͸ƭpolicies: 1.InFebruary2002,theCityofDentonadoptedtheDentonDevelopmentCode,a documentthatunifieselementsofzoning,subdivisionregulation,environmental protection,sitedesignstandards,andotherdevelopmentregulation.Development ServicesstaffrecentlycompletedarevisiontotheDentonDevelopmentCode.The revisedDentonDevelopmentCodewasapprovedinApril2019. 2.Thezoningregulationscontain10districtsthatallowsinglefamilydwellings.Mixeduse structuresareencouragedinsomedistrictsallowingthedevelopmentofretailoroffice onlowerfloorswithmultifamilyresidentialabove.5ĻƓƷƚƓ͸ƭcomprehensiveplan, DentonPlan2030,andformerlyTheDentonPlan,willcontinuetoguidetheregulatory frameworktoencourageadiversityofpopulationandincomelevels,accessibilityto employment,recreation,school,andcommunityuses,andconnectiontopublictransit. 3.Constructioncodesallowfortherenovationofexisting,usuallyolderandmore affordableunits.Underthesecodes,unitswouldnothavetobeartheincreasedcosts ofnewconstructioncodesunlessahealthorsafetyissueispresent. 4.LotsofrecordswhichmaynotmeetcurrentarearequirementsareͻŭƩğƓķŅğƷŷĻƩĻķͼin somecircumstances. 5.TheCityofDentonbuildingcoderequirementsarereviewedbytheHealthandBuilding StandardsCommission.Thiscommissionisacouncilappointedcitizen committee.Membersaregenerallyfromthedevelopmentcommunityandarecareful toensurethatadoptedcodesdonotdiscouragedevelopmentactivities. 6.ThenumberofaffordablehousingunitsintheCityofDentonascomparedtoother communitiesinDentonCountyindicatesthatcurrentdevelopmentpoliciesdonot hinderthedevelopmentofavarietyofhousingunits,includingaffordableunits. AnnualActionPlan38 2019 OMBControlNo:25060117(exp.06/30/2018) Discussion: TheCityofDentonCommunityDevelopmentstaffhasjustparticipatedinaDFWRegional AssessmentofFairHousing.Dentonandseveralothercommunities,includingDallas,Plano, McKinney,Garland,Frisco,andothersareworkedtodetermineareasofneedandactivities thatcanassistcommunitiesinpromotingfairhousingthroughouttheDFWmetroplex.The assessmentwillbeutilizedinthedevelopmentof5ĻƓƷƚƓ͸ƭ202024ConsolidatedPlan. AnnualActionPlan39 2019 OMBControlNo:25060117(exp.06/30/2018) AP85OtherActionsΑ91.220(k) Introduction: ThissectionreportsadditionaleffectstheCitywillundertakeduringthe2019programyearto addressƩĻƭźķĻƓƷƭ͸housingandcommunitydevelopmentneeds. Actionsplannedtoaddressobstaclestomeetingunderservedneeds Seekadditionalfundingsourcestosupporthousingandpublicservicesactivities; obtaininggrantsorfundingtosupporttheir Assistlocalnonprofitorganizationsin efforts; Ifnecessary,actasaͻƦğƭƭƷŷƩƚǒŭŷͼorganizationtocontinueuseofStateandother fundingtosupporthomelesspreventionandservicesforthehomeless; Continuetosupportexistingpublic(social)servicesprogramsthroughtheallocationand administrationofCityofDentongeneralfunddollars. Workwiththe/źƷǤ͸ƭDevelopmentServicesDepartmenttoimplement recommendationsincludedintheDentonPlan2030. Actionsplannedtofosterandmaintainaffordablehousing Continuetoprovidedownpayment,closingcost,andprincipalreductionassistanceto lowandmoderateincomehomebuyersthroughtheHomebuyerAssistanceProgram; FundnewaffordablehousingdevelopmentthroughGraceLikeRain. FundnewaffordablehousingdevelopmentthroughHabitatforHumanityofDenton County; FundnewhomeownerandhomebuyerrepairprogramthroughtheCityofDenton calledtheMajorSystemsReplacementProgram; Continuefundingthe/źƷǤ͸ƭHomeImprovementandMinorRepairprogramstoassist lowandmoderateincomehomeownerswithrepairstotheirhomes; ContinuetosupporttheDentonAffordableHousing/ƚƩƦƚƩğƷźƚƓ͸ƭ(DAHC)effortsto increasethenumberofaffordablehousingunitsincludingtheirAffordableHousing OpportunityandRentalRehabilitationprograms; WorkwiththeDentonHousingAuthoritytosupportthedevelopmentofadditional affordablehousingandobtainadditionalhousingvouchersifavailable; Workwiththe/źƷǤ͸ƭDevelopmentServicesDepartmenttoimplement recommendationsincludedintheDentonPlan2030. ContinuetoreviewandsupportLowIncomeHousingTaxCreditapplications. Actionsplannedtoreduceleadbasedpainthazards Duringthe2019programyear,DentonplanstoreduceleadbasedhazardsinDentonby ensuringthatallleadbasedregulationsaremetthroughoutanyhousingrehabilitation constructionactivityperformedonhomesbuiltpriorto1978includingtheMinorRepair AnnualActionPlan40 2019 OMBControlNo:25060117(exp.06/30/2018) Program,MajorSystemsReplacementProgram,HomeImprovementProgram,Homebuyer AssistanceProgram,and5!I/͸ƭRentalRehabilitation.Dentonwillalsoseekopportunitiesto educatethepublic,housingservicescustomers,andcontractorsregardingthehazardsoflead basedpaint. Actionsplannedtoreducethenumberofpovertylevelfamilies TheCityofDentonwillcontinuetoworkwithlocalnonprofitorganizationstoadminister programsdesignedtosupportlowerincomeindividualsandfamilies.Theseprogramswill assisthouseholdsinimprovingtheirfinancialstatus.Programsinclude1)freeand/orlowcost healthcare;2)affordablechildcare;3)mentalhealthcareservices;4)supportforelderly householdsandothers;develophousinginitiativestosupportveterans. Thefollowingare5ĻƓƷƚƓ͸ƭcurrenteffortssupportingtheConsolidatedPlangoaloflowand moderateincomepersonshavingtheopportunitytoearnhigherwages. TheCityofDentonEconomicDevelopmentstaffparticipateswithregionalmunicipalities andthelocalTexasWorkforceCommissionBoardintheNorthCentralTexasRegional EconomicDevelopmentSteeringCommitteeforthepurposeofaddressingexistingand futureworkforceskillsneedsofourrespectiveandregionalemployers.TheCommittee isaparticipantintheTexasWorkforce/ƚƒƒźƭƭźƚƓ͸ƭHighDemandJobTraining Programthatidentifiesanddevelopstheskillsetsofindividualsforjobsinhighdemand occupationsinourrespectiveregionandcities. 5ĻƓƷƚƓ͸ƭEconomicDevelopmentPartnershipBoardadoptedaStrategicPlanthat providesameanstoaddress5ĻƓƷƚƓ͸ƭkeyworkforceneeds. DentonL{5͸ƭCareerandTechnologyAdvisoryBoardindustrypartnersprovide curriculumexpertiseandinternshipopportunitiestostudentsenrolledintheķźƭƷƩźĭƷ͸ƭ 31careerskillsandcertificationtrainingprogramscovering11careerfields.Dualhigh school/collegecreditclassesareofferedtohighschooljuniorsandseniors. NorthCentralTexasCollege(NCTC)hasdevelopedcertificationsandassociatedegree programsforspecificindustrypartners,suchasthePetroleumTechnologyCertification andAssociateDegreeoptions.NCTCisapartnertobusinessesutilizingSkillsTraining grantfunds. Actionsplannedtodevelopinstitutionalstructure Thetwoinstitutionalgapsstatedinthe20152019ConsolidatedPlanincludedtheprovisionof homebuyereducationclassesforlowandmoderateincomenewhomebuyersandsupportive housing.Tomeettheprovisionofhomebuyereducationduringthe2019programyear, DentonisinvestigatingpartnershipswithHUDapprovedHousingCounselingAgenciesand DentonAffordableHousingCorporationtodevelopamorecomprehensiveeducational program.Currently,HUDapprovedHousingCounselingAgenciesareintheprocessof complyingwiththenewHousingCounselingCertificationRequirements.Agencieswillhave36 AnnualActionPlan41 2019 OMBControlNo:25060117(exp.06/30/2018) monthsfromthenewruletocomplywiththenewregulations. AsdiscussedinSP40theCitywillsupportacommunityorganizedcollectiveImpactinitiative withitsfundingpartnertheUnitedWayofDentonCounty.Inaddition,theCitywillsupport collaborativeeffortsoftheDentonCountyHomelessCoalition(DCHC)andotherservicesector programstoensurethecommunityisorganizedtoadvocate;coordinateservicedelivery; improveeffectiveuseofavailableresourcesandprovideleadershipforlongtermplanning effortsamongvarioushomelessproviders,homelessadvocatesandacrossmultiplesectors. Strategiestomovethehomelesstohousingandtoshortenthelengthoftimeapersonor familyexperienceshomelessinvolve: Supportingacoordinatedaccessnetworktosignificantlyreducethetimeittakesfora personwhoishomelesstoidentifyandaccesstherightservicesneeded. Improvingcommunitycapacitybyseekingtoincreaselocalresourcesforhousing programsincludinghousinglocationandstabilizationresources;casemanagement;and supportiveservices. Facilitatingcoordinationofcasemanagementandsupportiveservicestohelpthe homelesshaveaccesstotheservicesnecessarytosecurehousingandmaintainhousing stability. Increasingsupportivehousingoptionsforthosewithprioritizedspecialneeds. Actionsplannedtoenhancecoordinationbetweenpublicandprivatehousingandsocial serviceagencies TheCityofDentonhasaverystrongnetworkofserviceprovidersincludingthoseproviding housing,education,healthcare,andotherneededservices.Overthepastfouryears,the UnitedWayofDentonCounty,theCityofDenton,theDentonIndependentSchoolDistrict,and otherorganizationshavejoinedtogethertoreviewanddiscusstheprovisionofservicesinthe Dentonareainanattempttomaximizethebenefitsderivedfromavailableresources. Belowisalistofthecommitteesthathavebeendevelopedtoassistinimprovingthe coordinationofservices: DentonCountyHomelessCoalition DentonCountyHomelessLeadershipTeam,collectiveimpactproject DentonCountyBehavioralHealthLeadershipTeam,acollectiveimpactproject HealthyCommunitiesCoalition DentonHungerCoalition EarlyChildhoodCoalition UnitedğǤ͸ƭCommunityNeedsAssessmentCommittee DentonCountyHealth5ĻƦğƩƷƒĻƓƷ͸ƭCommunityHealthImprovementPlan(CHIP) AnnualActionPlan42 2019 OMBControlNo:25060117(exp.06/30/2018) CityofDentonCommunityDevelopment(CD)staffmemberswillcontinuetoparticipateinthe abovecommitteesduringthe2019programyear.TheCityispartofastrongteamofservice providerswhoareworkingtoimproveservicesforthelowincomecommunity. Inaddition,theMayorofDentonconvenedaTaskForcein2015supportedbyCommunity Development(CD)stafftolookattheissueofhomelessness.Threeprioritieswereidentifiedby thetaskforcethatarestillguidingalleffortstoMakeHomelessnessRare,Brief,and Nonrecurring. 1.FundingΑIncreaseinAvailableResources 2.HousingΑCoordinated,Accessible,andAffordable 3.SystemDesignΑtoestablishanetworkofCommunityCollaboration Nestedintheideasforprogramandhousinginterventionsforthehomelesswasstronger communitycollaborationaroundsharedcommunitygoalstoendhomelessness;betterdata collectionandsharing;involvementofawideraudienceofstakeholders;andmoreintentional efforttohelpeducateandinformthecommunityaboutsolutionstohomelessnessand communityimpactefforts.Ultimately,theprioritiesthatthetaskforcerecommendedtoCity Councilfortheirsupportandconsiderationweretoseekfundingtoseednewcollaborative projects. ThetaskforcerecommendationshaveresultedinapublicprivatepartnershipbetweentheCity ofDentonandtheUnitedWayofDentonCountytooriginallyfundacoordinatorpositionto overseeacollectiveimpactproject,theDentonCountyHomelessLeadershipTeamthatis developingandimplementcommunitywidecoordinatedstrategiestowardthesharedgoalof MakeHomelessnessRare,Brief,andNonrecurring.Since2015thatfundinghasgrownto supportthreepositionsincludingDirectorofHomelessnessInitiatives,HMIS/CECoordinator andHousingNavigator.ThecollaborativeworkhasalsoleadtofullimplementationofCE,a managedHPL,biweeklyhousingfocusedCaseConferencing,andaDataDashboardtracking vitaldataincludingSystemPerformanceMeasuresthatisavailabletothepublictoeducateand advocateforresourcesandimproveprogramsandservices. Discussion: NotApplicable. AnnualActionPlan43 2019 OMBControlNo:25060117(exp.06/30/2018) ProgramSpecificRequirements AP90ProgramSpecificRequirementsΑ91.220(l)(1,2,4) Introduction: BelowarespecificrequirementsfortheCommunityDevelopmentBlockGrantandtheHOME InvestmentPartnershipProgram. Duringthe2019programyear,theCityofDentonplanstousetheHOMEaffordable homeownershiplimitsforDentonasprovidedbyHUDforHOMEfundsforhomebuyer assistance,rehabilitationofowneroccupiedsinglefamilyhousing, CommunityDevelopmentBlockGrantProgram(CDBG) Reference24CFR91.220(l)(1) ProjectsplannedwithallCDBGfundsexpectedtobeavailableduringtheyearareidentifiedin SectionAP38ProjectSummary.Thefollowingidentifiesprogramincomethatisavailablefor usethatisincludedinprojectstobecarriedout. 1.Thetotalamountofprogramincomethatwillhavebeenreceivedbeforethestartof thenextprogramyearandthathasnotyetbeenreprogrammed0 2.Theamountofproceedsfromsection108loanguaranteesthatwillbeusedduringthe yeartoaddressthepriorityneedsandspecificobjectivesidentifiedinthegrantee's strategicplan.0 3.Theamountofsurplusfundsfromurbanrenewalsettlements0 4.Theamountofanygrantfundsreturnedtothelineofcreditforwhichtheplanneduse hasnotbeenincludedinapriorstatementorplan0 5.Theamountofincomefromfloatfundedactivities0 TotalProgramIncome:0 OtherCDBGRequirements 1.Theamountofurgentneedactivities0 2.TheestimatedpercentageofCDBGfundsthatwillbeusedforactivities thatbenefitpersonsoflowandmoderateincome.OverallBenefitA consecutiveperiodofone,twoorthreeyearsmaybeusedtodetermine thataminimumoverallbenefitof70%ofCDBGfundsisusedtobenefit personsoflowandmoderateincome.Specifytheyearscoveredthatinclude thisAnnualActionPlan.100.00% AnnualActionPlan44 2019 OMBControlNo:25060117(exp.06/30/2018) HOMEInvestmentPartnershipProgram(HOME) Reference24CFR91.220(l)(2) 1.AdescriptionofotherformsofinvestmentbeingusedbeyondthoseidentifiedinSection 92.205isasfollows: TheCityofDentondoesnotutilizeotherformsofinvestmentbeyondthoseidentifiedin 92.205(b).TheCitywillnotpermitotherformsofinvestmentwithoutthepriorapprovalof HUD. 2.AdescriptionoftheguidelinesthatwillbeusedforresaleorrecaptureofHOMEfundswhen usedforhomebuyeractivitiesasrequiredin92.254,isasfollows: RecapturePolicy DentonusesrecaptureasrequiredbytheHOMEregulations.Recaptureoccurswhenthe homebuyerduringtheaffordabilityperiod,sellstheproperty,leasestheproperty,theproperty isnotaprimaryresidence,thepropertyisforeclosedon,orwhentherecipientviolates theWrittenAgreementbetweenthehomebuyerandtheCityofDenton.Thetermsare containedintheWrittenAgreement. Ifthehomeissoldduringtheaffordabilityperiod,aportionofthenetsalesproceeds,ifany, arereturnedtobeusedforotherHOMEeligibleactivities.Theportionofthenetsales proceedsthatisreturnedisequaltotheamountofHOMEfundsinvestedinthepropertyless theamountforeachfullmonththattheresidencewasoccupiedbythehomebuyerorproperty ownerashis/her/theirprincipalresidence.Anyfundsremainingafterthedistributionofthe netsalesproceedstoalllienholders,includingtheCityofDenton,willbereturnedtothe homeowner.Intheeventofasale,shortsaleorforeclosure,theamountrecapturedwillbe limitedtotheamountofͷƓĻƷsalesƦƩƚĭĻĻķƭ͸availableatthetimeofsuchoccurrence.Ifthere areinsufficientfundsremainingfromthesaleofthepropertyandtheCityrecaptureslessthan ornoneoftherecaptureamountdue,andmaintaindataineachindividualfilethatprovides theamountofthesaleandthedistributionofthefunds.Thiswilldocumentthattherewereno netsalesproceeds,ortheamountofthenetsalesproceedswasinsufficienttocoverthefull amountdue;andthatnoproceedsweredistributedtothehomeowner. ResalePolicy: Undermostcircumstances,therecaptureprovisionsoutlinedabovewillbeusedinHOME homebuyeractivities.However,resalerestrictionsmaybeusedwhenHOMEProgramfundsare usedonlyasadevelopmentsubsidyfortheconstructionandnohomebuyerassistanceis provided.ResalerestrictionswillensurethathousingassistedwithHOMEfundsismade availableforresaleonlytoHOMEprogrameligiblelowincomehouseholdsthatwillusethe propertyastheirprincipalresidence. AnnualActionPlan45 2019 OMBControlNo:25060117(exp.06/30/2018) 3.Adescriptionoftheguidelinesforresaleorrecapturethatensurestheaffordabilityofunits acquiredwithHOMEfunds?See24CFR92.254(a)(4)areasfollows: BelowaretherecaptureandresalepoliciesfortheHomebuyerAssistanceProgramthat providesassistancetolowandmoderateincomehomebuyerswiththepurchaseofafirst home. RecapturePolicy Theaffordabilityperiodstatedinthenoteanddeedoftrustistheminimumperiodforthe project.TheaffordabilityperiodisdeterminedbytheamountofHOMEassistance. TheRecapturemechanismsusedtosecuretheaffordabilityoftheHOMEassistedunitare recordedinaccordancewithstatelawwithapromissorynote,deedoftrustandwritten agreementwiththeCityofDenton.Theamountsubjecttorecaptureisreducedbasedona proratareductionduringtheaffordabilityperiod.Inallcases,theamounttoberepaidisthe subsidyprovideddirectlytooronbehalfofthehomebuyerforclosingcostsandislimitedto thenetproceedsofthesale,whichisdefinedasthesalespriceminusthefirstlienandseller paidclosingcostsandincludesonlythefollowingitemstotheextentactuallyincurred:brokers commission,reasonableattorneyfees,andanytransfertaxorrecordingfeepayablebythe seller. ResalePolicy: TheaffordabilityperiodisdeterminedbythetotalinvestmentofHOMEfundsintheunit.The ResalemechanismsusedtosecuretheaffordabilityoftheHOMEassistedunitarerecordedin accordancewithstatelawwithapromissorynote,deedoftrust,andwrittenagreementwith thesubrecipientandtheCityofDentonasbeneficiary. Iftheassistedpropertyissoldwhileundertheresalerestrictions,thehomemustbesoldtoa HOMEeligiblebuyerapprovedbytheCity.ThepriceatresalemustprovidetheoriginalHOME assistedhomebuyerafairreturnontheinvestmentandbeaffordabletoareasonablerangeof lowincomebuyers.Therefore,salespriceduringaffordabilitycanoccuratmarketvaluewith thefollowinglimitations. AFairreturnoninvestmentisdefinedasthepurchaseprice,plus25%oftheincreaseinvalue atthetimeofresalebasedonthevaluationperformedbyanappraiser.Theappraisalwillbe usedatthetimeoftheoriginalpurchaseandatresale.Anycapitalimprovementswillbe determinedbytheappraisalatthetimeofresale.Thepriceshallnotexceedapricethat resultsinnetproceeds(afterfirstlienandsalescosts)tothesellerthatexceeds:the reimbursementoftheoriginalowner'sinvestmentincludingdownpaymentandclosingcosts madeatthetimeofinitialpurchase,ifany;thevalueofcapitalimprovementstotheproperty asdeterminedbyanappraisal,ifany;theprincipalamortizedonthefirstlienduringtheperiod AnnualActionPlan46 2019 OMBControlNo:25060117(exp.06/30/2018) ofownership. Affordabletoarangeoflowincomebuyers:a)housingmustbeaffordabletosubsequent purchaser'satnomorethan30%ofmonthlyincomeforpaymentofprincipal,interest, taxes,andinsurance;b)homebuyermustbeaqualifiedlowincomefamilywithlessthan 80%ofareamedianincome;c)Ifthepropertyisnolongeraffordabletoqualified homebuyersatthetimeofresale,theCitymaytakereducethesalepricebylayeringHOME subsidyintheformofdownpaymentassistanceandextendingtheaffordabilityperiod.This mayresultinadifferentsalespricetothesellerthantothesubsequenthomebuyer.Upon theresaleofthehome,thepropertymustpasslocalbuildingcodesforexistinghousing. TheCityshalldeterminewhoisresponsibleforthenecessaryrepaircoststobringthe propertyuptostandards. 4.PlansforusingHOMEfundstorefinanceexistingdebtsecuredbymultifamilyhousingthat isrehabilitatedwithHOMEfundsalongwithadescriptionoftherefinancingguidelines requiredthatwillbeusedunder24CFR92.206(b),areasfollows: TheCityofDentondoesnotcurrentlyuseofHOMEfundstorefinanceexistingdebtsecured bymultifamilyhousingthatisbeingrehabilitatedwithHOMEfunds. AnnualActionPlan47 2019 OMBControlNo:25060117(exp.06/30/2018) HOMEGranteeSpecificRequirements 1.DescriptionofCategoriesofEligibleApplicants UndertheHOMEprogram,eligibleapplicantsmusthaveahouseholdincomeatorbelow 80%oftheAMIandmeetprogramguidelinestobeeligible.Fundingisavailableonafirst comefirstservebasis.ApplicationsforassistanceareavailableattheCommunity DevelopmentOffice.UndertheHomeImprovementProgram,applicantscompletea waitinglistapplicationandasfundsareavailable,CDStaffwillsubmitaletterrequesting thatifstillinterestedanappointmentcanbemadetoassistwiththeapplication.Underthe HomebuyerAssistanceProgram,interestedapplicantsapplyforamortgagecompanyandif eligibleforamortgageloan,themortgagecompanysubmitsapplicationtotheCommunity DevelopmentDivision.Staffschedulesappointmentswiththeapplicanttoreviewthe applicationandguidelines.InformationontheprogramsisavailableontheCityofDenton's website. 2.ProcessofSolicitingandFundingApplicants ThebudgetprocessforDenton'scommunitydevelopmentprogramsbeginsalmostoneyear inadvanceofthefiscalyear.HUDnotifiestheCityastotheleveloffundingexpectedand thepublicparticipatingprocessbegins,applicationsaresolicitedlocallyandreceivedbythe CommunityDevelopmentStaff,theCommunityDevelopmentAdvisory(CDAC). RecommendationsarethenformulatedandpresentedtotheMayorandtheCityCouncil. Thefinalstepisthesubmittalofthe/źƷǤ͸ƭformalapplications,ActionPlan,toHUDforthe fundsallocatedtoDenton.TheCityofDenton'sfiscalyearrunsfromAugust1toJuly31. Anynonprofitorforprofitgroups,especiallythoseservingthecommunitydevelopment needsoflowandmoderateincomepeople,thedisabled,minoritiesortheelderlyare encouragedtoparticipateintheimplementationofDenton'sCommunityDevelopment programs.Interestedgroupsareencouragedtoattendpublichearings. AnnualActionPlan48 2019 OMBControlNo:25060117(exp.06/30/2018) APPENDIX 1.SF424ApplicationforCDBGGrant 2.SF424ApplicationforHOMEGrant 3.SF424DAssurancesΑConstructionPrograms 4.HUDCertificationsforCDBGandHOME 5.SummaryofPublicCommentsduringPublicHearingonDecember3,2018 6.SummaryofPublicCommentsduringPublicHearingonDecember10,2018 7.SummaryofPublicCommentsduring30dayCommentPeriod 8.SummaryofPubliccommentsduringPublicHearingonMay21,2019 9.SummaryofPublicHearingSurveyResults 10.PublicNoticeforDraftActionPlan2019 AnnualActionPlan49 2019 OMBControlNo:25060117(exp.06/30/2018) OMB Number: 4040-0004 Expiration Date: 12/31/2019 Application for Federal Assistance SF-424 * If Revision, select appropriate letter(s): * 1. Type of Submission:* 2. Type of Application: PreapplicationNew * Other (Specify): ApplicationContinuation Changed/Corrected ApplicationRevision * 3. Date Received: 4. Applicant Identifier: 75-6000514 5a. Federal Entity Identifier:5b. Federal Award Identifier: B-19-MC-48-0036 State Use Only: 6. Date Received by State:7. State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name: City of Denton, Texas * b. Employer/Taxpayer Identification Number (EIN/TIN):* c. Organizational DUNS: 75-60005147138019000000 d. Address: * Street1: 215 E. McKinney St. Street2: * City: Denton County/Parish: * State: TX: Texas Province: * Country: USA: UNITED STATES * Zip / Postal Code: 76201-4229 e. Organizational Unit: Department Name:Division Name: Public Affairs and IGRCommunity Development Division f. Name and contact information of person to be contacted on matters involving this application: Prefix:* First Name: Danielle Middle Name: * Last Name: Shaw Suffix: Title: Community Development Manager Organizational Affiliation: * Telephone Number:Fax Number: 940-349-7753 940-349-7237 * Email: Danielle.shaw@cityofdenton.com Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: U.S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.218 CDBG CFDA Title: Community Development Block Grant * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add AttachmentDelete AttachmentView Attachment * 15. Descriptive Title of Applicant's Project: Projects in the 2019/20 Action Plan include housing rehabilitation, affordable housing, public facility improvement, public services, land acquisition, and program administration. Attach supporting documents as specified in agency instructions. Add AttachmentsDelete AttachmentsView Attachments Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant * b. Program/Project 2626 Attach an additional list of Program/Project Congressional Districts if needed. Add AttachmentDelete AttachmentView Attachment 17. Proposed Project: * a. Start Date:* b. End Date: 08/01/2018 18. Estimated Funding ($): * a. Federal 993,188.00 * b. Applicant * c. State * d. Local * e. Other * f. Program Income 8,000.00 1,001,188.00 * g. TOTAL * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? . a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) YesNo If "Yes", provide explanation and attach Add AttachmentDelete AttachmentView Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix:* First Name:Todd Middle Name: * Last Name: Hileman Suffix: * Title: City Manager * Telephone Number:Fax Number: 940-349-8596 940-349-8307 * Email: todd.hileman@cityofdenton.com * Signature of Authorized Representative:* Date Signed: OMB Number: 4040-0004 Expiration Date: 12/31/2019 Application for Federal Assistance SF-424 * If Revision, select appropriate letter(s): * 1. Type of Submission:* 2. Type of Application: PreapplicationNew * Other (Specify): ApplicationContinuation Changed/Corrected ApplicationRevision * 3. Date Received: 4. Applicant Identifier: 75-6000514 5a. Federal Entity Identifier:5b. Federal Award Identifier: M-18-MC-48-0223 State Use Only: 6. Date Received by State:7. State Application Identifier: 8. APPLICANT INFORMATION: * a. Legal Name: City of Denton, Texas * b. Employer/Taxpayer Identification Number (EIN/TIN):* c. Organizational DUNS: 75-60005147138019000000 d. Address: * Street1: 215 E. McKinney St. Street2: * City: Denton County/Parish: * State: TX: Texas Province: * Country: USA: UNITED STATES * Zip / Postal Code: 76201-4229 e. Organizational Unit: Department Name:Division Name: Public Affairs and IGRCommunity Development Division f. Name and contact information of person to be contacted on matters involving this application: Prefix:* First Name: Danielle Middle Name: * Last Name: Shaw Suffix: Title: Community Development Manager Organizational Affiliation: * Telephone Number:Fax Number: 940-349-7753 940-349-7237 * Email: danielle.shaw@cityofdenton.com Application for Federal Assistance SF-424 * 9. Type of Applicant 1: Select Applicant Type: C: City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: * Other (specify): * 10. Name of Federal Agency: U.S. Department of Housing and Urban Development 11. Catalog of Federal Domestic Assistance Number: 14.239 HOME CFDA Title: HOME Investment Partnership Program * 12. Funding Opportunity Number: * Title: 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): Add AttachmentDelete AttachmentView Attachment * 15. Descriptive Title of Applicant's Project: Projects in the 2019/20 Action Plan include housing rehabilitation, rental rehabilitation, homebuyer assistance, and program administration. Attach supporting documents as specified in agency instructions. Add AttachmentsDelete AttachmentsView Attachments Application for Federal Assistance SF-424 16. Congressional Districts Of: * a. Applicant * b. Program/Project 2626 Attach an additional list of Program/Project Congressional Districts if needed. Add AttachmentDelete AttachmentView Attachment 17. Proposed Project: * a. Start Date:* b. End Date: 08/01/2018 18. Estimated Funding ($): * a. Federal 456,752.00 * b. Applicant * c. State * d. Local * e. Other * f. Program Income 80,000.00 536,752.00 * g. TOTAL * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? . a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. * 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) YesNo If "Yes", provide explanation and attach Add AttachmentDelete AttachmentView Attachment 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** I AGREE ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions. Authorized Representative: Prefix:* First Name:Todd Middle Name: * Last Name: Hileman Suffix: * Title: City Manager * Telephone Number:Fax Number: 940-349-8596 940-349-8307 * Email: todd.hileman@cityofdenton.com * Signature of Authorized Representative:* Date Signed: OMB Number: 4040-0009 ASSURANCES - CONSTRUCTION PROGRAMS Expiration Date: 02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the NOTE: Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant:, I certify that the applicant: 1.Has the legal authority to apply for Federal assistance, 8.Will comply with the Intergovernmental Personnel Act and the institutional, managerial and financial capability of 1970 (42 U.S.C. §§4728-4763) relating to prescribed (including funds sufficient to pay the non-Federal share standards of merit systems for programs funded of project costs) to ensure proper planning, under one of the 19 statutes or regulations specified in management and completion of project described in Appendix A of OPM's Standards for a Merit System of this application. Personnel Administration (5 C.F.R. 900, Subpart F). 2.Will give the awarding agency, the Comptroller General 9.Will comply with the Lead-Based Paint Poisoning of the United States and, if appropriate, the State,Prevention Act (42 U.S.C. §§4801 et seq.) which the right to examine all records, books, papers, or prohibits the use of lead-based paint in construction or documents related to the assistance; and will establishrehabilitation of residence structures. a proper accounting system in accordance with 10.Will comply with all Federal statutes relating to non- generally accepted accounting standards or agency discrimination. These include but are not limited to: (a) directives. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) 3.Will not dispose of, modify the use of, or change the which prohibits discrimination on the basis of race, terms of the real property title or other interest in the color or national origin; (b) Title IX of the Education site and facilities without permission and instructions Amendments of 1972, as amended (20 U.S.C. §§1681 from the awarding agency. Will record the Federal 1683, and 1685-1686), which prohibits discrimination awarding agency directives and will include a covenant on the basis of sex; (c) Section 504 of the in the title of real property acquired in whole or in part Rehabilitation Act of 1973, as amended (29) U.S.C. with Federal assistance funds to assure non- §794), which prohibits discrimination on the basis of discrimination during the useful life of the project. handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits 4.Will comply with the requirements of the assistance discrimination on the basis of age; (e) the Drug Abuse awarding agency with regard to the drafting, review and Office and Treatment Act of 1972 (P.L. 92-255), as approval of construction plans and specifications. amended relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and 5.Will provide and maintain competent and adequate Alcoholism Prevention, Treatment and Rehabilitation engineering supervision at the construction site to Act of 1970 (P.L. 91-616), as amended, relating to ensure that the complete work conforms with the nondiscrimination on the basis of alcohol abuse or approved plans and specifications and will furnish alcoholism; (g) §§523 and 527 of the Public Health progressive reports and such other information as may be Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee required by the assistance awarding agency or State. 3), as amended, relating to confidentiality of alcohol 6.Will initiate and complete the work within the applicable and drug abuse patient records; (h) Title VIII of the time frame after receipt of approval of the awarding agency. Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, 7.Will establish safeguards to prohibit employees from rental or financing of housing; (i) any other using their positions for a purpose that constitutes or nondiscrimination provisions in the specific statue(s) presents the appearance of personal or organizational under which application for Federal assistance is being conflict of interest, or personal gain. made; and (j) the requirements of any other nondiscrimination statue(s) which may apply to the application. Standard Form 424D (Rev. 7-97) Previous Edition UsableAuthorized for Local Reproduction Prescribed by OMB Circular A-102 11.Will comply, or has already complied, with the Federal actions to State (Clean Air) implementation requirements of Titles II and III of the Uniform Relocation Plans under Section 176(c) of the Clean Air Act of Assistance and Real Property Acquisition Policies Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) 1970 (P.L. 91-646) which provide for fair and equitable protection of underground sources of drinking water treatment of persons displaced or whose property is under the Safe Drinking Water Act of 1974, as acquired as a result of Federal and federally-assisted amended (P.L. 93-523); and, (h) protection of programs. These requirements apply to all interests in real endangered species under the Endangered Species property acquired for project purposes regardless of Act of 1973, as amended (P.L. 93-205). Federal participation in purchases. 16.Will comply with the Wild and Scenic Rivers Act of 12.Will comply with the provisions of the Hatch Act (5 U.S.C. 1968 (16 U.S.C. §§1271 et seq.) related to protecting §§1501-1508 and 7324-7328) which limit the political components or potential components of the national activities of employees whose principal employment wild and scenic rivers system. activities are funded in whole or in part with Federal funds. 17.Will assist the awarding agency in assuring compliance 13.Will comply, as applicable, with the provisions of the Davis- with Section 106 of the National Historic Preservation Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act Act of 1966, as amended (16 U.S.C. §470), EO 11593 (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract (identification and protection of historic properties), and Work Hours and Safety Standards Act (40 U.S.C. §§327- the Archaeological and Historic Preservation Act of 333) regarding labor standards for federally-assisted 1974 (16 U.S.C. §§469a-1 et seq). construction subagreements. 18.Will cause to be performed the required financial and 14.Will comply with flood insurance purchase requirements of compliance audits in accordance with the Single Audit Section 102(a) of the Flood Disaster Protection Act of 1973 Act Amendments of 1996 and OMB Circular No. A-133, (P.L. 93-234) which requires recipients in a special flood "Audits of States, Local Governments, and Non-Profit hazard area to participate in the program and to purchase Organizations." flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 19.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies 15.Will comply with environmental standards which may be governing this program. prescribed pursuant to the following: (a) institution of environmental quality control measures under the National 20.Will comply with the requirements of Section 106(g) of Environmental Policy Act of 1969 (P.L. 91- the Trafficking Victims Protection Act (TVPA) of 2000, as 190) and Executive Order (EO) 11514; (b) notification amended (22 U.S.C. 7104) which prohibits grant award of violating facilities pursuant to EO 11738; (c) recipients or a sub-recipient from (1) Engaging in severe protection of wetlands pursuant to EO 11990; (d) forms of trafficking in persons during the period of time evaluation of flood hazards in floodplains in accordance that the award is in effect (2) Procuring a commercial with EO 11988; (e) assurance of project consistency sex act during the period of time that the award is in with the approved State management program effect or (3) Using forced labor in the performance of the developed under the Coastal Zone Management Act of award or subawards under the award. 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of TITLE SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL Todd Hileman, City Manager DATE SUBMITTED APPLICANT ORGANIZATION City of Denton, Texas SF-424D (Rev. 7-97) Back CERTIFICATIONS In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing -- The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti-displacement and Relocation Plan -- It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential antidisplacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Anti-Lobbying -- To the best of the jurisdiction's knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti-lobbying certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction -- The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan -- The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. Section 3 -- It will comply with section 3 of the Housing and Urban Development Act of 1968, and implementing regulations at 24 CFR Part 135. Signature/Authorized Official Date Todd Hileman, City Manager City of Denton Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation -- It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan -- Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan -- It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds -- It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2019-20 (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate-income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force -- It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti-discrimination laws -- The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead-Based Paint -- Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Compliance with Laws -- It will comply with applicable laws. Signature/Authorized Official Date Todd Hileman, City Manager City of Denton Specific HOME Certifications The HOME participating jurisdiction certifies that: Tenant Based Rental Assistance -- If the participating jurisdiction intends to provide tenant-based rental assistance: The use of HOME funds for tenant-based rental assistance is an essential element of the participating jurisdiction's consolidated plan for expanding the supply, affordability, and availability of decent, safe, sanitary, and affordable housing. Eligible Activities and Costs -- it is using and will use HOME funds for eligible activities and costs, as described in 24 CFR § 92.205 through 92.209 and that it is not using and will not use HOME funds for prohibited activities, as described in § 92.214. Appropriate Financial Assistance -- before committing any funds to a project, it will evaluate the project in accordance with the guidelines that it adopts for this purpose and will not invest any more HOME funds in combination with other Federal assistance than is necessary to provide affordable housing; Signature/Authorized Official Date Todd Hileman, City Manager City of Denton APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING: A. Lobbying Certification This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature/Authorized Official Date Todd Hileman, City Manager City of Denton SUMMARY OF PUBLIC COMMENTS DURING PUBLIC HEARING Monday, December 3, 2018 at 7 p.m. Denia Recreation Center Attendees: Attendee List Attached Staff: Luisa R. Garcia and Danielle Shaw As a part of the Denia Neighborhood Association meeting, the City of Denton, Community Development Division was allotted time to conduct a Public Hearing. Luisa R. Garcia presented the purpose of the hearing is to review available funds that include federal CDBG, HOME, and local General Funds, to review annual performance, and to solicit comments regarding needs in the community. The following comments were provided by attendees. program. Clarification was provided o what types of economic development projects might be eligible using these types of federal funds A question was asked about the demolition of a property. Community Improvement Services staff were in attendance and provided a response on the current status of the project. (address was not provided) It was suggested that a vacant business property where the Cupboard was located but is now closed might be a possible location for the development of an affordable housing/homeless shelter Community Development was asked to come back to a future Denia Neighborhood Association to To encourage more active community engagement, it was recommended to conduct the Public Hearing sessions in more of a workshop forum format like those used in the small area planning and in the development code rewrite. provided a direct referral to Denton Affordable Housing Corporation and The Denton Housing Authority for its newly opened Mainstream Voucher program. Staff offered to work with the attendee outside of the meeting to connect her to these resources. SUMMARY OF PUBLIC COMMENTS DURING PUBLIC HEARING Monday, December 10, 2018 at 6:00 p.m. Martin Luther King, Jr. Recreation Center Attendees: Cynthia Richards, DHA Katie Kellett, Communities in Schools Staff: Danielle Shaw and Alma Espino Danielle Shaw presented the purpose of the Public Hearing. The Public Hearing are o review available funds that include federal CDBG, HOME and local General Funds, to review annual performance, and to solicit comments regarding needs in the community. The following comments were provided by attendees. mortar type of project asking how these funds affect a project. She will be attending the upcoming CDAC application training. Staff explained how utilizing CDBG funds adds federal requirements into a project. For example Davis Bacon apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000, procurement requirements and other considerations. Katie Kellett, Communities in Schools, stated that Communities in Schools is an important resource in schools not just for education support, but for behavioral health a drop-out intervention and for continued support for the family. She discussed several issues that have occurred in the schools and how the agency has helped with those situations. Danielle Shaw recommended that this might be something the agency might want to include in their application to the Human Services Advisory Committee. Staff provided information on in house programs that included the Minor Repair, Home Improvement and Homebuying Assistance Program. Cynthia Richards, DHA, asked if there were any programs available to help seniors with utilities. She added that she works at Heritage Oaks and that they had recently discovered several residents with not utilities. The resident had to choose between a prescription or utilities. Danielle Shaw advised them about the different utility assistance programs available in the community and about utility deposit waiver being offered by the City of Denton. Alma Espino added that the residents might also try contacting Health Services of North Texas prescription assistance program. The program helps clients obtain their costly prescriptions at little or no cost. Danielle Shaw added that they might also try contacting Denton Community Health Clinic that also has a similar program. SUMMARY OF PUBLIC COMMENTS DURING 30-DAY COMMENT PERIOD May 1 through 30, 2019 As of May 23, 2019, no comments have been received on the 2019 Action Plan. SUMMARYOFPUBLICCOMMENTSDURINGPUBLICHEARING CityCouncilMeetingonTuesday,May21,2019 215E.McKinneyStreet,DentonTexas DanielleShaw,CommunityDevelopmentManager,madeapresentationtoCityCouncilthat includedthe2019ActionPlanschedule.CityCouncilwillconsiderapprovalofthe2019Action PlanonJune4beforetheplanissubmittedtoHUDonJune15.ShealsoreviewedtheCDACand HSCAfundingrecommendations.Thepurposeofthepublichearingistoreceivepubliccomments onthe2019ActionPlan.Thecommentsreceivedaresummarizedbelow: RudyGarza,DentonAffordableHousingCorporation,insupportof2019ActionPlan MicheleConnerinsupportof2019ActionPlan DebbieJensoninsupportof2019ActionPlan DavidJohnson,BoardPresidentforHabitatforHumanity,insupportoffunding recommendationforHabitatforHumanity JacobMoses,BoardMemberofDentonAffordableHousingCorporation(DAHC),expressed appreciationandsupportoffundingrecommendationforDAHC ReyHernandezinsupportof2019ActionPlanandfundingrecommendationforHabitatfor Humanity JohnMontoyainsupportoffundingrecommendationforHabitatforHumanity WillieHudspethspokewithaconcernforthelocationofHabitatforHumanityhomesin theCityofDentonandaskedCounciltoconsiderthehighconcentrationoflowincome housinginonlyoneareainDenton PUBLIC NOTICE HOUSING AND COMMUNITY DEVELOPMENT The City of Denton’s 2019 Action Plan for Housing and Community Development is available for citizen review from May 1 to May 30. Citizens may review the plan at the Community Development Office, 601 E. Hickory Street, Suite B in Denton or online at http://bit.ly/ActionPlan2019-20. The Action Plan is the City’s annual application for federal funds from the U.S. Department of Housing and Urban Development (HUD). The City received an annual allocation of $1,705,863 in Community Development Block Grant (CDBG), and HOME Investment Partnership Program (HOME). The amount also includes prior year reallocated funds and estimated program income. The City plans to undertake the following activities during the 2019 program year to assist low and moderate-income persons: Project/Activity Name Amount PUBLIC HEARING CASA of Denton County Project ....................... $40,000 INFORMATION Community Development Administration ....... $253,912 Denton Affordable Housing Corp ..................... $84,250 Tuesday, May 21, 2019 City Council Meeting Denton City County Day School ........................ $38,000 Regular Session Denton County Friends of the Family ................ $35,000 6:30 p.m. Grace Like Rain Project ..................................... $80,932 215 E. McKinney St. Habitat for Humanity of Denton County .......... $220,000 Home Improvement Program ........................... $354,632 The purpose of the meeting is to receive Homebuyer Assistance Program ....................... $80,000 citizen input on the Major Systems Replacement Program ............. $168,540 Action Plan and to hear Minor Repair Program .................................... $160,424 your views on the Summer Camp Scholarships .............................. $29,000 proposed projects The Salvation Army of Denton .......................... $21,978 listed to the right and how the City of Denton Special Programs for Aging Needs .................... $25,000 plans to spend funding Unprogrammed Funds ...................................... $114,195 from the HUD. Total Funding ............................................... $1,705,863 The City of Denton is amending the 2017 Action Plan for Housing and Community Development to reallocate $150,000 in 2017 HOME funds from the Infill New Construction Program. A total of $150,000 will be reallocated during the 2019 program year to the Home Improvement Program. The City of Denton is also amending the 2018 Action Plan to reallocate $17,923 in CDBG funds from the Health Services of North Texas. A total of $17,923 will be reallocated during the 2019 program year to the Minor Repair Program. Submit comments in writing to Community Development, 601 E. Hickory Street, Suite B, by emailing CommunityDevelopment@cityofdenton.com, by calling (940) 349-7726, or by faxing (940) 349-7753. • Published April 2019 • ADA/EOE/ADEA • TDD (800) 735-2989 • www.cityofdenton.com • City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1156,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City Council of the City of Denton, Texas, amending Chapter 22 “Parks and Recreation” of the Code of Ordinances, City of Denton, Texas by amending Section 22-6 “Public Art Committee” to provide that the Public Art Committee shall have the duty to make recommendations to the City Council related to cultural districts; amending Section 22-6 to add the Director of Economic Development as an ex-officio member of the Public Art Committee; and providing an effective date. The Public Art Committee recommends approval (6-0). City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CFO: Antonio Puente, Jr. DATE: June 4, 2019 SUBJECT Consider adoption of an Ordinance of the City Council of the City of Denton, Texas, amending Chapter 22 -6 the City Council related to cultural districts; amending Section 22-6 to add the Director of Economic Development as an ex-officio member of the Public Art Committee; and providing an effective date. The Public Art Committee recommended approval (6-0). BACKGROUND On Feb. 4, 2019, City Council provided direction to expand the role of the Public Art Committee (PAC) to include making recommendations to City Council regarding the governance of cultural districts. This g ordinance as well as other adjustments to facilitate efficient management of the PAC. This ordinance makes no changes regarding the structure or voting members of the PAC. The proposed changes include: Adding oversight of cultural districts as an area in which the PAC will make recommendations to the City Council. Adding the Director of Economic Development as an ex-officio (non-voting) member of the PAC. o The Director of Parks and Recreation and the Executive Director of the Greater Denton Arts Council will remain ex-officio members. The City Council will also cultural district during their respective meetings. Upon approval of that resolution, staff will work with the PAC to define the parameters of the cultural district oversight charge. As part of the creation of the Original Denton District, a detailed cultural district plan and marketing plan were developed. These documents will be the catalyst for future discussions and provide direction as to projects, opportunities, and considerations that will be brought before the PAC for recommendation to the City Council. as an area on which they will provide recommendations to City Council. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Feb. 27, 2018 City Council Work Session Staff presentation regarding cultural districts; Council direction to pursue formation of cultural district and seek TCA designation. Nov. 11, 2018 Informal Staff Report ISR distributed to provide update on staff efforts to form cultural district and complete TCA application. Feb. 4, 2019 City Council Luncheon Staff presentation to Council; Council direction provided on district boundaries, name, logo, and governance structure. April 4, 2019 Public Art Committee Meeting Staff provided a written update to Public Art Committee. April 5, 2019 Friday Report Staff update in the Friday Report regarding status of TCA application and community meetings. May 2, 2019 Public Art Committee Meeting Staff provided a written update to Public Art Committee. May 10, 2019 Friday Report Staff update in the Friday Report regarding status of TCA application and community meetings. May 28, 2019 Public Art Committee Meeting The Public Art Committee recommend approval of the ordinance (6-0). RECOMMENDATION Staff recommends adoption of the ordinance as drafted. EXHIBITS 1. Agenda Information Sheet 2. Ordinance Respectfully Submitted, Jessica Rogers Director of Economic Development City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1157,Version:1 AGENDA CAPTION Consider adoption of a resolution of the City Council of the City of Denton designating the Original Denton District as a Cultural District; and providing an effective date. The Public Art Committee recommends approval (6-0). City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CFO: Antonio Puente, Jr. DATE: June 4, 2019 SUBJECT Consider adoption of a resolution of the City Council of the City of Denton designating the Original Denton District as a Cultural District; and providing an effective date. The Public Art Committee recommended approval (6-0). BACKGROUND Cultural districts are defined geographical areas that encourage and celebrate arts, culture, entertainment, and history for the purpose of economic and community development. These districts are formed around an mote to visitors and residents. Cultural assets may include performances and exhibitions, creative activity, architecture, and historical offerings. Local communities may take action to designate a cultural district. This designation is a recognition of the contributions of the assets and amenities in that area, but does not obligate property owners to any type of additional regulations, zoning restrictions, or any other regulatory requirements. There are numerous locally designated cultural districts throughout Texas and the country. Each district is unique to the community and area in which it is designated, but all cultural districts spotlight the art, culture, entertainment, or other amenities that allow residents and visitors to experience the unique character of the city. Denton is fortunate to have a wealth of cultural assets, and the Original Denton District is a new way to embrace and promote those assets for economic development and cultural tourism, as well as opening up a new avenue for grant funding. Work to form the Original Denton District began in earnest in early 2018; and, throughout the last 15 months, staff has conducted significant research related to the formation of a cultural district in Denton. Staff used a mixed research method to plan for formation of a cultural district, including: February 27, 2018: City Council Work Session to describe Cultural District Program and the process for application. April 2018: Citizen Survey asked question related to downtown commercial areas and cultural/arts/music activities to use as guide. o Data utilized to assess citizen opinion of downtown, amenities, and needs. May to August 2018: Advisory group formed to research and discuss the idea of a cultural district o Conducted three meetings on May 16, June 13, & August 22 to provide feedback on mission, vision, name, structure, needs, and other cultural assets and amenities. Summer 2018: Secondary research with existing cultural districts in other Texas cities o Learned more about successful efforts in other communities. June-July 2018: Community Needs Assessment on using City Hall West as a multipurpose cultural center using online survey and public meetings (with 367 responses with the majority from artists). August 2018: Business Plan completed for City Hall West (included best practices and survey results). November 16, 2018: City Council Work Session to gauge interest in creating a cultural district. February 4, 2019: City Council Work Session to get feedback on boundaries, committee structure, name, and logo. April 4, 2019: Written staff report provided to Public Art Committee. April 11, 2019: Community meeting using both public discussion and post-surveys with 15 residents representing the general public, artists, arts organizations, and cultural entities, and businesses. April 2019: Ethnographic research at various festivals and markets with more than 1,000 visitors and residents expressing their thoughts about Denton. o April 20, 2019: Community art project and research conducted at Denton Community Market. Estimated reach was 200 community members and included artists, musicians, and others interested in supporting the arts. o April 26-27, 2019: Community art project and research conducted at Arts and Jazz Festival. Estimated reach was 1,000 community members and included artists, musicians, representatives from arts organizations, and others interested in supporting the arts. April and May 2019: Digital and Social Media Engagement with more than 12,000 impressions since April. May 2, 2019: Written staff report provided to Public Art Committee. May 20, 2019: Community Conversation Meeting with 6 residents participating and giving feedback. May 28, 2019: Staff presentation to Public Art Committee regarding cultural district program and application to TCA. In addition, staff has completed significant work to maintain a cultural asset inventory (viewable at www.originaldentondistrict.com), a marketing plan, and a cultural district plan that will be used in formation of work plans for the District. This item formalizes first cultural district. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Feb. 27, 2018 City Council Work Session Staff presentation regarding cultural districts; Council direction to pursue formation of cultural district and seek TCA designation. Nov. 11, 2018 Informal Staff Report ISR distributed to provide update on staff efforts to form cultural district and complete TCA application. Feb. 4, 2019 City Council Luncheon Staff presentation to Council; Council direction provided on district boundaries, name, logo, and governance structure. April 4, 2019 Public Art Committee Meeting Staff provided a written update to Public Art Committee. April 5, 2019 Friday Report Staff update in the Friday Report regarding status of TCA application and community meetings. May 2, 2019 Public Art Committee Meeting Staff provided a written update to Public Art Committee. May 10, 2019 Friday Report Staff update in the Friday Report regarding status of TCA application and community meetings. May 28, 2019 Public Art Committee Meeting The Public Art Committee recommend approval of the resolution (6-0). RECOMMENDATION Staff recommends adoption of a resolution designating the Original Denton District as a cultural district. EXHIBITS 1. Agenda Information Sheet 2. Resolution Respectfully Submitted, Jessica Rogers Director of Economic Development EXHIBIT A Original Denton District Boundary Map City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1158,Version:1 AGENDA CAPTION Consider adoption of a resolution of the City Council of the City of Denton in support of the Original Denton District seeking state designation as an official cultural district from the Texas Commission on the Arts; and providing an effective date. The Public Art Committee recommends approval (6-0). City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Economic Development CFO: Antonio Puente, Jr. DATE: June 4, 2019 SUBJECT Consider adoption of a resolution of the City Council of the City of Denton in support of the Original Denton District seeking state designation as an official cultural district from the Texas Commission on the Arts; and providing an effective date. The Public Art Committee recommends approval (6-0). BACKGROUND Cultural districts are defined geographical areas that encourage and celebrate arts, culture, entertainment, and history for the purpose of economic and community development. These districts are formed around an mote to visitors and residents. Cultural assets may include performances and exhibitions, creative activity, architecture, and historical offerings. Cultural districts can seek state designation through the Texas Commission on the Arts (TCA) Cultural Districts Program. State designated cultural districts are eligible for grant funding from TCA for cultural tourism projects (if such grant programs are provided continued funding through the State Legislature). TCA administrators have identified the following common traits among successful cultural districts that may serve as indicators of potential success in new districts: Unique and authentic identity Political and community support Strategic partnerships Inclusive cultural strategic planning Artists are partners Sustainable artist live/work spaces Anchor institutions and special events Strong amenities Local developer/s committed to the cultural district Marketing and promotion efforts Following the direction of City Council at the Feb. 27, 2018 City Council meeting, staff began taking steps to form a cultural district and seek the TCA designation. At the Feb. 4, 2019 City Council Luncheon, Council provided direction on the boundaries of the district, governance structure, and the name, the Original Denton District. Since early 2018, the City of Denton has been actively working towards forming the Original Denton District and seeking designation from TCA. Steps taken have included: Formation of a citizen stakeholder advisory group; Conducting secondary research with other cultural districts in Texas; Completing additional analysis based on data gathered during the City Hall West Needs Assessment and City Hall West Business Plan; Hosting community meetings; Hiring and engaging with Social Impact Architects to complete the community needs assessment and cultural district strategic plan and SWOT analysis; Creating the Original Denton District logo, publication standards, and related graphics; Creating a website and related social media accounts to conduct digital engagement; Conducting a photo survey of cultural assets in the district and completing an asset inventory; Completing a community art project at the Denton Community Market and Arts & Jazz Festival; Conducting significant research related to art, artists, performance venues, music and bands, bars and restaurants, retail establishments, gallery spaces and arts-related businesses, parks, museums, festivals and other events, history and architecture, and cultural heritage related assets and amenities that fall within the boundaries of the City Completing the TCA application and producing the required attachments, including a 5-minute audio/visual sample, a marketing plan, a cultural district plan, and seeking letters of support from community leaders. This item formalizes the support of the application to TCA to designate the Original Denton District as a state cultural district. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) Feb. 27, 2018 City Council Work Session Staff presentation regarding cultural districts; Council direction to pursue formation of cultural district and seek TCA designation. Nov. 11, 2018 Informal Staff Report ISR distributed to provide update on staff efforts to form cultural district and complete TCA application. Feb. 4, 2019 City Council Luncheon Staff presentation to Council; Council direction provided on district boundaries, name, logo, and governance structure. April 4, 2019 Public Art Committee Meeting Staff provided a written update to Public Art Committee. April 5, 2019 Friday Report Staff update in the Friday Report regarding status of TCA application and community meetings. May 2, 2019 Public Art Committee Meeting Staff provided a written update to Public Art Committee. May 10, 2019 Friday Report Staff update in the Friday Report regarding status of TCA application and community meetings. May 28, 2019 Public Art Committee Meeting The Public Art Committee recommended approval of the resolution supporting the application to the TCA Cultural District program (6-0). RECOMMENDATION Staff recommends adoption of a resolution in support of the Original Denton District seeking state designation as an official cultural district from the Texas Commission on the Arts. EXHIBITS 1. Agenda Information Sheet 2. Resolution 3. Draft TCA Application Respectfully Submitted, Jessica Rogers Director of Economic Development EXHIBIT A Original Denton District Boundary Map Required Attachments: Map of the City of Denton City Limits CITY OF DENTON Lake Ray Roberts Sanger Aubrey 2164 ") I35 §¦¨ 428 ") Krum 77 288 £ ¤ !( 288 2164! ( " ) 428 Crossroads 380 ") 77 £¤ £ ¤ 380 £ ¤ 380 £ ¤ I35 §¦¨ 426 ") I35E §¦¨ 1515 77 ") 377 £ ¤ £ ¤ I35W 426 §¦¨ 288 ") !( Lake Lewisville Oak Point I35E §¦¨ Ponder 2449 ") Shady Shores I35W 377 §¦¨ £¤ 1830 " ) 2181 ") I35E §¦¨ Corinth I35W §¦¨ CRAWFORD ROBSON RANCH Lake Dallas Northlake Argyle Hickory Creek Copper Canyon Highland Village 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 Legend legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have City of DentonCenterline been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the NAA 8/1/20Lakes most current and accurate information possible. µ No warranties, expressed or implied, are Denton ETJ provided for the data herein, its use, or its Surrounding Cities Date: 2/27/2017 00.512 interpretation. Utilization of this map indicates Miles understanding and acceptance of this statement. Required Attachments: Map of the Cultural District Original Denton District Asset Map WITHERS STREET QUAKERTOWN PARK THE SQUARE Euline Brock Down- town Denton Transit Center Map not to scale OAKWOOD CEMETERY FRED MOORE PARK MARKERDESCRIPTION Park Live Music/Performance/ Event Location Restaurant/Bar Historic/Heritage/Cultural Site Art Installation Original Denton District Map WITHERS STREET QUAKERTOWN PARK THE SQUARE Map not to scale OAKWOOD CEMETERY FRED MOORE PARK Original Denton District Historic Designations/Properties Map WITHERS STREET QUAKERTOWN PARK THE SQUARE Map not to scale OAKWOOD CEMETERY FRED MOORE PARK MARKERDESCRIPTION National Register of Historic Places. There are 29 Contributing Properties within the National Register Locally designagated property Original Denton District Transit Map WITHERS STREET QUAKERTOWN PARK THE SQUARE Euline Brock Downtown Denton Transit Center Map not to scale OAKWOOD CEMETERY FRED MOORE PARK MARKERDESCRIPTIONLOCATION Euline Brock Downtown 604 E. Hickory Denton Transit Center Bus Stop - Denton County Downtown bus stops TransportationAuthorityRoutes 1, 2, 3, 4, 5, 6, 7, & 8 Bus Routes - Denton County Bus route - Routes 1, 2, 3, 4, 5, 6, 7, & 8 Transportation Authority Original Denton District Zoning Map Quakertown Park The Square OAKWOOD CEMETERY FRED MOORE PARK COLORZONING DESIGNATION Downtown Denton Parks / Open Space Neighborhood / University Compatibility Area Moderate Residential Required Attachments: Resolution of Endorsement from City Government EXHIBIT A Original Denton District Boundary Map EXHIBIT A Original Denton District Boundary Map Required Attachments: CDME Policy and Commitment to Accessibility and the ADA Original Denton District Policy and Commitment to ADA City of Denton Policy 100.02: Americans with Disabilities Act Policy Statement It is the policy of the City of Denton to provide equal access to all City sponsored services, programs, and activities for citizens and employees with disabilities, as provided by the "Americans with Disabilities Act" of 1990, 42 U.S.C. § 12101, et seq., as the same may be amended from time to time (the ADA). The City will not discriminate against a "qualified individual with a disability," as this term is defined by the ADA, with regard to job applications, hiring, advancement, discharge, compensation, training and other terms, conditions and privileges of employment. The City will make reasonable modifications and accommodations in policies, practices, and procedures to ensure equal access; will provide auxiliary aids and services when necessary to provide effective communication, and will operate its programs so that, when viewed as a whole, those programs are readily accessible to, and useable by, individuals with disabilities. This language cited above was incorporated into Resolution No. 19-XXXX, a Resolution of the City of Denton in support of the Original Denton District seeking state designation as an official cultural district from the Texas Commission on the Arts. Required Attachments: CDME Committee Roster Original Denton District CDME Board Roster Public Art Committee Brian Wheeler, Chair Monet Franklin, Vice Chair Nick Bagherpour Alicia Eggert Jodi Ismert Michelle Lynn Terry Nobles (GDAC) Ed Steele Ex-Officio: Georgina Ngozi, Executive Director, Greater Denton Arts Council Ex-Officio: Jessica Rogers, Director of Economic Development Ex-Officio: Gary Packan, Director of Parks and Recreation Staff Liaison: Michelle Cunningham, Business Development Officer *One seat is currently vacant Brian Wheeler (Chair) Brian Wheeler is a 30-year resident of Denton and a graduate of the University of North Texas School of Visual Art, where he studied ceramics and fiber arts. Mr. Wheeler is currently the Assistant Director of the UNT Elm Form Education Center, a regional science education center with an active art exhibition space that focuses on environmentally themed art. He previously worked as a technician in the UNT Art Gallery and an exhibition designer and art handler on large-scale, international touring exhibits. Mr. Wheeler was appointed to the Public Art Committee in December 2013 and is the current PAC chair. Monet Franklin (Vice Chair) Monet Franklin is currently a legal assistant at a local law office and is a graduate of North Central Texas College and the University of North Texas. Ms. Franklin has shown a commitment to community service throughout her career and has served as a mentor for the United Way of Denton County, is an active member of the Southeast Denton Neighborhood Association, and has been a volunteer with the Denton Black Film Festival, National Night Out, and Denton County Friends of the Family. Ms. Franklin was Nick Bagherpour Nick Bagherpour is Division Manager for Megatrex Production Music, a leading independent music source for television, film, commercial, and multimedia projects. A lifelong passion for music has motivated him to advocate for and serve the Denton music scene since moving to Denton shortly after completing a erature. Mr. Bagherpour is Co-Founder and President of the Denton Music and Arts Collaborative (DMAC), a nonprofit organization promoting the preservation, promotion, and continuation of the unique and culturally significant musical and artistic heritage of Denton, through programs aimed at improving the lives and livelihoods of local musicians and artists, and encouraging new musicians and artists to put down roots in Denton. Among its initiatives, DMAC subsidizes health insurance premiums for musicians who might not otherwise afford coverage. He has served on the board of 35 Denton (formerly NX35 and 35 Conferette), an annual 3-day music festival from 2005-2016 that received multiple awards/recognition by publications that include Dallas Observer, D Magazine, Huffington Post, and the Fort Worth Star-Telegram. Mr. Bagherpour was appointed to the Public Art Committee in August 2018. Alicia Eggert Alicia Eggert is Assistant Professor of Studio Art and Sculptor Program Coordinator, College of Visual Arts, University of North Texas, and was previously Assistant Professor of Art, Bowdoin College. Ms. Eggert studied Interior Design at the University of Copenhagen, Denmark, h Alfred University. Her work has appeared globally in over 100 museum, solo, and selected group exhibitions, including several corporate/foundation collections, and she is a frequently selected panelist and lecturer. Her leadership in artists/arts supports initiatives include: co-organizer and curator of Kitchen Sink PDX, Portland, OR; co-organizer of CAMP, an annual thinking-making symposium workshops in New York and Maine; and most recently, board member, Emergent Ground, Oakland, CA, a nonprofit and social justice initiative that integrates art and design to bring about positive transformation in the built environment through youth-centered education and community-based projects. Ms. Eggert was appointed to the Public Art Committee in May 2019. Jodi Ismert Jodi Ismert has lived in Denton for more than 20 years, staying after graduating from UNT with a Psychology degree. Ms. Ismert has spent her professional career in finance, accounting, and data for global banking institutions, and she has spent the last decade at JPMorgan Chase. Ms. Ismert is a community activist and has close ties to many members of the community. She is on the Denton Drilling Awareness Board, and is very involved with the city leaders and the community at large. She is also a direct stakeholder of ODD, living only a couple of blocks from the designated boundaries. Ms. Ismert was appointed to the Public Art Committee in March 2018. Michelle Lynn Michelle Lynn is the media information specialist for the Denton Independent School District. Ms. Lynn is a graduate of Leadership Denton and also currently serves on the board of directors of the Greater Denton Board for the Denton 2030 Plan and the Citizens Advisory Board for the City Hall West redevelopment committee. Ms. Lynn previously spent 6 years on the Denton Historic Landmark Committee, where she served as co-chair. Before moving to Denton in 2010, Ms. Lynn worked in arts marketing for Shryock Auditorium in Illinois, at the Dallas Shakespeare Festival as a marketing and membership coordinator, and at the Undermain Theater and other Dallas-area theaters in marketing, membership, dramaturgy, and theater design roles. Ms. Lynn was appointed to the Public Art Committee in August 2017. Terry Nobles Terry Nobles is the Director of Marketing for local architecture firm, Kirkpatrick Architecture Studio, where hand in all marketing initiatives, including proposals, brochures, and website design. Mr. Nobles has dedicated much of his time in Denton to community service, including coaching soccer in the Denton Rec League, directing the Arts Guild Auction for GDAC, and managing stages for the Arts & Jazz Festival. Mr. Nobles is the Immediate Past President of the Board of the Denton Festival Foundation (Arts & Jazz Festival), Vice President of Membership for the Music Theater of Denton, and a board/committee member of the Greater Denton Arts Council, Beaujolais and More (annual fundraiser for the Campus Theater), and the Day of the Dead Festival. Mr. Nobles was appointed to the Public Art Committee in June 2018. Ed Steele Ed Steele is a Denton-based photographer who specializes in capturing the raw essence of entertainers, musicians, and performers. His work has been published in The Guardian, Denton Record-Chronicle, Dallas Morning News, Oklahoma Today, and the Dallas Observer. In 2014, Steele was awarded the title photography for the Thin Line Festival, where he curates work from photographers from all over the world. Mr. Steele was appointed to the Public Art Committee in June 2016. Georgina Ngozi (Ex-Officio) Georgina Ngozi is the Executive Director of the Greater Denton Arts Council (GDAC). Ms. Ngozi has worked across the country in the field of arts education and administration for more than 25 years. At the managed a $7 million budget for a community-based institution serving 250,000 onsite visitors and another 100,000 offsite visitors, via festivals, school-based programs and community outreach programs for children ranging in age from infancy through high school. A former Ms. Ngozi is active in the broader arts and museum communities. She has served as a grant reviewer for the National Endowment for the Arts and the Institute for Museum and Library Services, and other organizations. She is a founding Board Member of the Sugar Hill Chil is a graduate of SUNY-Binghamton. As the GDAC Executive Director, Ms. Ngozi serves as an ex-officio member of the PAC. Jessica Rogers, Director of Economic Development (Ex-Officio) Jessica Rogers was named Director of Economic Development for the City of Denton in April 2019. Prior to that role, Ms. Rogers served as the Deputy Director of Public Affairs and Intergovernmental Relations and In that role, she communication, media relations, digital engagement, and community outreach, and she oversaw graphic design, campaigns. Ms. Rogers thriving business community and integrating the creative economy and art into the mic development strategy. Ms. Rogers holds a ffairs from Indiana University. As the Director of Economic Development, Ms. Rogers serves as an ex-officio member of the PAC. Gary Packan (Ex-Officio) Gary Packan was named Director of Parks and Recreation for the City of Denton in February 2018. Prior to that role, Mr. Packan was the Assistant Director of Parks and Recreation for the City of Arlington, a position he held since 2007. Mr. Packan has previously served as an Assistant City Manager for the City of Sandusky, Ohio where he managed Parks, Recreation, and Economic Development, and as the Director of Parks and Recreation for the City of Huron, Ohio. In addition to his professional experience, Mr. Packan has contributed significantly to the parks and recreation management profession through his involvement in the National Recreation and Park Association (NRPA), the Texas Recreation and Park Society (TRAPS), and the Ohio Parks and Recreation Association. While with the City of Arlington, he contributed to the department being recognized with the TRAPS gold medal in 2012 and 2015 and the department was an NRPA gold medal finalist in 2014, 2016, and 2017. Mr. Packan holds a Bachelor of Science and Master of Education in Recreation and Leisure Services from Bowling Green State University. As the Director of Parks and Recreation, Mr. Packan is an ex-officio member of the PAC. STAFF Michelle Cunningham, Business Development Officer international initiatives, and is staff liaison to the Public Art Committee. Ms. Cunningham is a Leadership Denton graduate and has previously served as Co- Sister City program. She has s Hispanic Chamber, Black Chamber, League of United Latin American Citizens, Rotary Club, Aids Services of North Texas (Health Services of North Texas), Owsley Community School (after school education and arts enrichment program), and has College Foundation Board and the Denton ISD Career & Technology Education Advisory Committee. Ms. programs are pivotal in creating respectful, inspired communities that celebrate and express unique diversities and aspirations. Ms. Cunningham serves as the City of Denton staff liaison to the PAC. In addition to these individuals, staff rely on colleagues and co-workers with additional areas of expertise. Other staff members include: Julie Glover, Economic Development Program Administrator Julie Glover holds a Bachelor of Science degree in journalism and a Master of Business Administration degree from Texas Woman's University. In 2001, she earned her Professional Certification in Downtown Management from the National Trust for Historic Preservation. Ms. Glover is a past recipient of the Texas Historic Commission's Anice B. Read Award of Excellence in Community Heritage Development and has served as President of the Texas Downtown Association. She has worked for the downtown revitalization program since 1994. Ms. Glover serves on advisory boards for the Denton Convention and Visitors Bureau and the Denton Holiday Festival Association, and is involved in numerous civic and community service organizations. Ms. Glover is the staff liaison for the Downtown Task Force and Denton Main Street Association. Roman McAllen, Historic Preservation Officer Roman McAllen is the Historic Preservation Officer for the City of Denton. Previously, Mr. McAllen worked for the City of Brownsville as Historic Preservation Officer (2014-2016) and as a planner (2011-2014). He was a founding member of the Brownsville Preservation Society and is a member of the American Institute of Architects (AIA), Lower Rio Grande Valley AIA and Texas Society of Architects. Ro degree in architecture from the University of Texas at Austin. Mr. McAllen is President-Elect of the Preservation Texas, has written numerous articles for regional publications, and has served as a lecturer and panelist for various regional and statewide conferences. Required Attachments: Cultural District Plan Required Attachments: Cultural District Marketing Plan MARKETING PLAN 2019 - 2024 ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ atΏЊ VISION A vibrant downtown Denton, energized with arts, entertainment, music, events, affordable housing, shopping, and culture. A unique cultural destination that celebrates the diversity of art and artists, enhances the vibrancy of our public and cultural spaces, and integrates art, culture, music, innovation, and history. MISSION The Original Denton District promoting and supporting the diversity of cultural amenities that celebrate our history, define our present, and curate our future. GOALS ESTABLISH Launch | Create | Form CONNECT Touch | Spark | Reach ENGAGE Influence | Listen | Educate PROMOTE Exhibit | Showcase | Display GROW Expand | Build | Thrive atΏЋ About the Marketing Plan The Original Denton District (ODD) Marketing Plan presents goals, strategies, and tactics to successfully market ODD. The goals represent the guiding principles for the plan and support each of the strategies that follow. The strategies are the intentional actions that ODD should take to achieve its goals, while the tactics are the individual work plan items and include a budget estimate and deliverable (when necessary). The plan was drafted to focus on creativity; leverage the knowledge, skills, and abilities of existing staff; and take advantage of existing and low-cost resources to achieve the biggest return on investment. Additionally, the plan was crafted to be adaptable and flexible, and the continued pursuit of tactics should be based on the ongoing measurement of key metrics. Keys to Success Focus on digital and person-to-person connections. Use influencer culture to expand reach. Test ad effectiveness and if som Review and adapt the Marketing Plan annually to ensure strategies are executed to meet the needs of ODD at that time. Keep budget and available resources in mind when implementing tactics. Key Metrics The following metrics will be tracked: Website: visits, page views, average time on site, visits per user. Social media: engagements, impressions, clicks, likes. Events: visitors. ROI: reach per ad spend, organic vs. paid reach. Additional metrics should be added whenever necessary to accurately measure actions taken and to ensure goals are being met. atΏЌ Goal 1: Establish The first area of focus is to establish the Original Denton District (ODD), define and launch the brand, and showcase the character to the community and beyond. Before ODD can be marketed effectively as a destination, what ODD is and what it offers to artists, residents, businesses, and visitors must be defined. Strategy 1.1: Develop a unique, marketable, and recognizable brand. Tactic 1.1.1: Create the ODD brand publication standards and style guide to ensure consistency. To reinforce ODD as an identifiable place and marketable destination, ODD will establish a brand, publication standards, and style guide to ensure ODD is consistently represented in the community. Brand publication standards will set logos and fonts, establish the guidelines for the use of the logo, and determine how the brand will be presented in print and digital media. A style guide will ensure that clear and consistent language is used throughout all print and digital media. By having the tools to establish the parameters for the use of the ODD brand, the brand and its attributes will become more recognizable and defined in the public space. Deliverable: Brand and publication standards. Budget: None. All work to be performed in-house. Tactic 1.1.2: Develop messaging and context, create standard talking points, and share talking points with influencers. The way ODD is described by key information gatekeepers and influencers will set the tone for how ODD is described throughout the community, region, and state. It is important to establish the messaging that community leaders, influencers, artists, and musicians can use when talking about what ODD is, the value it brings, and why it is an important part of the Denton community. Deliverable: Messaging and talking points brief. Once the brief is developed, use brief to refine website, social media, and digital media campaigns. Budget: None. All work to be performed in-house. Strategy 1.2: Define the ODD identity. Tactic 1.2.1: Focus on what makes ODD special and highlight elements of ODD that define it. ODD stakeholders need to clearly define what makes ODD special so that promotional materials, ads, videos, and marketing products can be tailored to the ODD image. One of the greatest values of ODD is its uniqueness and distinctiveness from other parts of the Denton community and other cultural districts in Texas. Deliverable: Stakeholders list, amenities and assets list, venue list, notable acts list. Budget: None. All work to be performed in-house. atΏЍ Tactic 1.2.2: Build an image and graphics gallery that matches ODD identity. Visual imagery will be a key element in all print and digital media marketing materials. Images should consistently match with identity, highlight its amenities and people, and encourage positive emotional associations and responses from audiences. Deliverable: Photo gallery, visual art standards (e.g. color enhancements, filters, etc.). Budget: None. All work to be performed in-house. Tactic 1.2.3: Develop initial marketing pieces to reinforce ODD identity. Initial promotional materials should focus on reinforcing the brand and the distinctive elements of the ODD. Both print and digital promotional materials can be used, but the focus should be on visually appealing digital content that is shared by key influencers. ODD should incorporate materials that invite engagement. Sensory and participatory materials that leave audiences with a tangible product that represents ODD and will encourage further engagement. Deliverable: Website, social media channels, brochures, ads, etc. Budget: Design, none. Up to $3,500+ for print and digital ads. Strategy 1.3: Build the ODD reputation. Tactic 1.3.1: Create promotional items for distribution at events and locations. Promotional items should be unique to ODD and its characteristics. The items themselves should represent ODD, reinforce the brand, and engage the recipient. Items should be placed at key venues and events and provided to stakeholders for local distribution. Materials should also be distributed in areas that receive substantial visitor traffic or are likely to attract visitors who would be interested in ODD. Deliverable: Products for distribution at events, Convention and Visitors Bureau, festivals, stakeholders. Budget: Estimated at $1,000 per year for five years; Total $5,000. Leverage as many internal resources as possible to reduce budget need and leverage existing partnerships through HOT funds. Tactic 1.3.2: Identify potential markets and target audiences. A goal of ODD is to attract new visitors to come to the District and ensure they have access to the amenities, events, and entertainment they desire. To better attract visitors, ODD will identify places to market the District and specific audiences and audience segments to target. Deliverable: Analysis of new and potential markets to target. Ads that target specific audience segments. Budget: None. Research and analysis completed in-house. atΏЎ Tactic 1.3.3.: Highlight ongoing events and amenities to showcase value of ODD. There is an abundance of cultural events, activities, performances, and festivals going on in ODD almost daily. These events should be highlighted and featured through various platforms to give visitors an inside look at everything ODD has to offer. Event and activity features should be built into consistent campaigns and messaging strategies. Deliverable: Social media posts, digital and print ads, website/blog features. Budget: Use HOT funds as available or leverage existing partnerships supported by HOT funds (e.g. provide briefs, logos, graphics, etc. to CVB). atΏЏ Goal 2: Connect Work with Denton community, artists, makers, musicians, and others mission. Focus on events, amenities, and other elements that draw people to ODD and keep them coming back. Find local influencers who have large audiences of people likely to visit Denton and encourage others to do so as well. Strategy 2.1: Build a resource bank. Tactic 2.1.1: Create list of all amenities, venues, galleries, and events that occur in ODD. ODD will maintain an active list of all existing and new events, amenities, galleries, venues, performance spaces, etc. This list will be used as part of a resource bank to attract visitors and highlight the abundance of activity in the District. ODD should link to existing resource banks, such as the Convention and Visitors Bureau to ensure all audiences are being reached without duplicating efforts. Track ongoing and unique events to ensure that all segments of the creative community are reached and highlighted. Deliverable: Event calendar, highlights, blog posts, social media posts, and event promotions. Budget: None. Completed in-house with existing resources. Tactic 2.1.2: Use resource bank to connect target audiences with ODD amenities. Use resource list to curate and target specific audiences. Targeted audiences can include those who have already shown interest in certain types of cultural events or may focus on generating exposure to new audiences. Targeted creative community has to offer. Deliverable: Dedicated promotions or ads. Influencer campaigns to curate distinct visual elements. Budget: Included in marketing budget of $3,500+ per year. Strategy 2.2: Increase connections within community. Tactic 2.2.1: Connect with existing arts community to discover what exists and what is needed. ODD staff should ensure that artists, musicians, entertainers, and those connected to art in Denton are connected with the ODD resources and amenities. ODD should reach out regularly to arts and culture organizations to stay involved and connected with the needs of the community and aid in the preparation of messaging to audiences. Deliverable: Ongoing communications between ODD and artists to ensure that marketing is attracting the audience they need and want. Budget: None. Work to be completed in-house with existing resources. atΏА Tactic 2.2.2: Use ODD to bring different segments of artists, makers, and musicians together. Use ODD to initiate, host, or sponsor events, roundtables, and education/resource events that bring different elements of the creative community together. Work to develop synergistic pathways in which artists and makers in the District can support each other. Deliverable: Workshops, events, feedback and ideation sessions. Budget: None to minimal. Use available resources as needed and leverage existing partnerships. atΏБ Goal 3: Engage A central component of promote ODD and attract visitors. To do that successfully, audiences need to be engaged with ODD and the assets within. Strategy 3.1: Build partnerships. Tactic 3.1.1: Leverage existing organizations and create partnerships to promote Denton. Work with the Convention and Visitors Bureau, the Greater Denton Arts Council, and other local arts organizations to cross-promote events and activities in ODD. Collaborations with creative entities across Denton will help maximize the promotional efforts of ODD. Deliverable: Event programs, website, sharing on social media channels. Budget: None. Leverage existing partnerships and connections that already exist. Tactic 3.1.2: Connect with regional and state interests to create artist mentorship program. Explore opportunities to collaborate with arts organizations in the Dallas-Fort Worth (DFW) area and other regions in the state. Through an artist mentorship program, artists can both gain and share insight on best practices in the creative industry. A program like this would also help bring regional artists to ODD. Deliverable: Connections with other cultural districts and arts-related entities in DFW. Program development with existing arts-related organizations. Budget: Depends upon program design, but existing resources should be used as much as possible. Strategy 3.2: Focus on outreach & education. Tactic 3.2.1: Host a booth at regular events like Denton Community Market and Arts & Jazz Festival to educate the public about ODD and how they can get involved. Additionally, ODD could host or sponsor professional development events (such for artists to learn effective marketing methods and strategies, grant writing guidelines, and more from guest speakers. Deliverable: Regular meetings or appearances at events. Budget: Minimal, but use existing resources as much as possible. atΏВ Strategy 3.3: Highlight artists, makers, events, and venues on website and social media channels. Tactic 3.3.1: Coordinate regular features of people and places in ODD. Take photos and conduct brief interviews with local artists, makers, and musicians who frequent venues in ODD. Feature artists, makers, and musicians regularly and during special events. Use influencer campaigns to support and promote assets in ODD. Deliverable: Photos shared on website, social media channels. Budget: None. All work to be conducted in- atΏЊЉ Goal 4: Promote Arts and cultural organizations are valued members of the business community and make up the creative economy that positively contributes to making Denton a great place people want to live, work, and play. ODD should focus promotional efforts on reaching new audiences and sharing meaningful stories that encourage and uplift the creative forces in Denton. Strategy 4.1: Develop target market for three key sectors: visitors, residents, and artists and makers. Tactic 4.1.1: Visitors: people who come to Denton for the arts and culture. Develop relationships with regional and statewide organizations to craft new ways of reaching those outside the Denton community. Build partnerships with travel, arts, and leisure publications and websites to connect with those who may not be familiar with cultural offerings. Deliverable: Research related publications and outlets. Analyze possible ROI from ad purchases. Budget: Most work completed in-house. Use of ad dollars for marketing consistent with available budget. Tactic 4.1.2: Residents: people who live in Denton. Collaborate with local arts and culture organizations to maximize impact and to reach residents who may not be aware of all the events and activities in ODD. Additionally, this type of partnership will help reach those in the Deliverable: Research related publications and outlets. Analyze possible ROI from ad purchases. Budget: Most work completed in-house. Use of ad dollars for marketing consistent with available budget. Tactic 4.1.3: Artists and makers: people who create and actively participate in the arts. Reach out to local, regional, and statewide groups and organizations like the University of North Texas, Texas with upcoming artists and makers. Find out how they want to share their story and develop ads and digital media accordingly. Deliverable: Research related publications and outlets. Analyze possible ROI from ad purchases. Budget: Most work completed in-house. Use of ad dollars for marketing consistent with available budget. atΏЊЊ Strategy 4.2: Develop consistent messaging. Tactic 4.2.1: levator speech Develop a brief description about what ODD is, the purpose that it serves, and how the audience can benefit from visiting the District. Utilize this messaging across all platforms. Deliverable: Print, website, social media, interpersonal communication. Budget: None. All work completed in-house. Tactic 4.2.2: Target messaging to best reach desired/specific audiences. With an overall goal of bringing people to the District, the messaging needs to be tailored to each audience because each group provides a unique opportunity. Visitors can choose Denton as an arts and culture destination. Denton residents can stay local and experience culture and entertainment close to home. Artists and makers can showcase their skills and talents among a like-minded and established community of creatives. Deliverable: Print, website, social media, interpersonal communication. Budget: Most work completed in-house. Use of ad dollars for marketing consistent with available budget. atΏЊЋ Goal 5: Grow The last phase of successfully marketing ODD is to take active steps to help grow the District and its artists. This involves creative storytelling; developing innovative, diverse, and attractive ads and messaging; and being open to changing strategies if feedback shows something is not working. Strategy 5.1: Create stories. Tactic 5.1.1: Create and implement media campaign to solicit news coverage of local artists and makers. Pitch a weekly feature story series to area news outlets to promote ODD and all that it encompasses. Write a regular column in local publications. Submit interesting stories to regional and travel industry publications that feature unique Denton art, artists, events, and more. Deliverable: Print, website, social media, interpersonal communication. Budget: Most work completed in-house. Use of ad dollars for marketing consistent with available budget. Tactic 5.1.2: Highlight local/public art throughout the District (murals, sculptures, paintings, etc.). On social media, share compelling photos that feature unique and unusual sights in ODD. Social media followers will be asked to share their favorite spots. Deliverable: Print, website, social media, interpersonal communication. Budget: Most work completed in-house. Use of ad dollars for marketing consistent with available budget. Strategy 5.2: Have fun. Tactic 5.2.1: Attract attention. Engage with the community through unique and memorable experiences, such as a community art project. Invite engagement and interaction to further enhance the cultural experiences of residents and visitors. Promote art in creative ways, such as artist features on local blogs or publications. Think outside of the box for marketing strategies and work to make an impact. Deliverable: Social media, blog posts, connections with reporters, story pitches. Budget: Most work completed in-house. Use of ad dollars for marketing consistent with available budget. Tactic 5.2.2: Generate buzz. Produce shareable content and use #OriginalDentonDistrict on all social media posts. The social media campaign described in Tactic 3.3.1 and others will be utilized. Featuring local artists, makers, and venues in digital content will entice them to share ODD posts with their friends and followers. Deliverable: Social media and digital content. Budget: Most work completed in-house. Use of ad dollars for marketing consistent with available budget. atΏЊЌ Strategy 5.3: Seek new outlets to promote ODD. Tactic 5.3.1 Leverage partnerships. Work with stakeholders and community partners to find new ways to promote the ODD outside of traditional means (social media, website, print advertising, etc.). Deliverable: Discussions with artists, residents, and stakeholders about ways to reach new audiences. Budget: None. Focus is on partnerships. Strategy 5.4: Create feedback loops to evaluate strategies. Tactic 5.4.1 Engage with the public to solicit community input. Craft a community-wide survey and host focus groups to garner direct feedback from the public on the successes and opportunities in ODD. Prior to the launch of new programs, these stakeholders will be consulted to ensure these Deliverable: ROI and effectiveness analysis. Report and analysis of key marketing metrics. Budget: None. Completed in-house. atΏЊЍ Implementation Schedule YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 Goal 1: Establish Strategy 1.1 Tactic 1.1.1 X Tactic 1.1.2 X X X X X Strategy 1.2 Tactic 1.2.1 X Tactic 1.2.2 X X X Tactic 1.2.3 X X Strategy 1.3 Tactic 1.3.1 X X X X X Tactic 1.3.2 X X X Tactic 1.3.3 X X X X X Goal 2: Connect Strategy 2.1 Tactic 2.1.1 X X X X X Tactic 2.1.2 X X X X X Tactic 2.2.1 X X X X X Tactic 2.2.2 X X X X Goal 3: Engage Strategy 3.1 Tactic 3.1.1 X X X Tactic 3.1.2 X X X Strategy 3.2 Tactic 3.2.1 X X X X X Strategy 3.3 Tactic 3.3.1 X X X X X Goal 4: Promote Strategy 4.1 Tactic 4.1.1 X X X Tactic 4.1.2 X X X Tactic 4.1.3 X X X Strategy 4.2 Tactic 4.2.1 X X X Tactic 4.2.2 X X X X X Goal 5: Grow Strategy 5.1 Tactic 5.1.1 X X X X X Tactic 5.1.2 X X X X X Strategy 5.2 Tactic 5.2.1 X X X Tactic 5.2.2 X X X X X Strategy 5.3 Tactic 5.3.1 X X X X X Strategy 5.4 Tactic 5.4.1 X X X *Implementation schedule subject to funding availability and changes to reflect the needs of the District. atΏЊЎ Required Attachments: List of Pertinent Web Links Original Denton District Pertinent Web Links Nonprofit Art Organizations Denton Bach Society: ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓĬğĭŷ͵ĭƚƒΉ Denton Community Theater: ŷƷƷƦƭʹΉΉķĻƓƷƚƓĭƚƒƒǒƓźƷǤƷŷĻğƷƩĻ͵ĭƚƒΉ Denton Music and Arts Collaborative: ŷƷƷƦƭʹΉΉķƒğĭķĻƓƷƚƓ͵ƚƩŭΉ Greater Denton Arts Council: ŷƷƷƦƭʹΉΉķĻƓƷƚƓğƩƷƭ͵ĭƚƒΉ Keep Denton Beautiful, Inc.: ŷƷƷƦƭʹΉΉƉķĬ͵ƚƩŭΉ Main Street Association/Main Street Foundation: ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓƒğźƓƭƷƩĻĻƷ͵ƚƩŭΉ Music Theater of Denton: ŷƷƷƦƭʹΉΉǞǞǞ͵ƒǒƭźĭƷŷĻğƷƩĻƚŅķĻƓƷƚƓ͵ĭƚƒΉ SCRAP Denton: ŷƷƷƦƭʹΉΉƭĭƩğƦķĻƓƷƚƓ͵ƚƩŭΉ Visual Art Society of Texas: ŷƷƷƦƭʹΉΉǝğƭƷğƩƷƭ͵ƚƩŭΉ Traditional Performance Venues/Radio Stations/Recording Studios ŷƷƷƦƭʹΉΉğƓķǤƭķĻƓƷƚƓ͵ĭƚƒΉǝĻƓǒĻ Campus Theater: ŷƷƷƦƭʹΉΉķĻƓƷƚƓğƩƷƭ͵ĭƚƒΉĭğƒƦǒƭΏƷŷĻğƷƩĻ ŷƷƷƦʹΉΉķğƓƭƭźƌǝĻƩƌĻğŅ͵ĭƚƒΉ DCT/NCTC Black Box Theater: ŷƷƷƦƭʹΉΉķĻƓƷƚƓĭƚƒƒǒƓźƷǤƷŷĻğƷƩĻ͵ĭƚƒΉĬƌğĭƉΏĬƚǣΏƷŷĻğƷƩĻΉ DentonRadio.com: ǞǞǞ͵ķĻƓƷƚƓƩğķźƚ͵ĭƚƒ Harvest House: ŷƷƷƦʹΉΉǞǞǞ͵ķĻƓƷƚƓŷğƩǝĻƭƷŷƚǒƭĻ͵ĭƚƒΉ ŷƷƷƦʹΉΉǞǞǞ͵ƆğƓķƆƦźǩǩğķĻƓƷƚƓ͵ĭƚƒΉƩĻǝźĻǞƭ͵ŷƷƒƌ KUZU Radio: ŷƷƷƦƭʹΉΉǞǞǞ͵Ɖǒǩǒ͵ŅƒΉ Panhandle House Recording Studio: ŷƷƷƦʹΉΉǞǞǞ͵ƦğƓŷğƓķƌĻŷƚǒƭĻ͵ĭƚƒΉ Rubber Gloves Rehearsal Studio: ŷƷƷƦƭʹΉΉǞǞǞ͵ŅğĭĻĬƚƚƉ͵ĭƚƒΉƩǒĬĬĻƩŭƌƚǝĻƭķĻƓƷƚƓƷǣΉ Museums/Exhibition Spaces Bayless Selby House Museum: ŷƷƷƦƭʹΉΉķĻƓƷƚƓĭƚǒƓƷǤ͵ĭƚƒΉ5ĻƦğƩƷƒĻƓƷƭΉIźƭƷƚƩǤΏğƓķΏ /ǒƌƷǒƩĻΉhŅŅźĭĻΏƚŅΏIźƭƷƚƩǤΏğƓķΏ/ǒƌƷǒƩĻ͵ğƭƦǣ Courthouse on the Square Museum: ŷƷƷƦƭʹΉΉķĻƓƷƚƓĭƚǒƓƷǤ͵ĭƚƒΉ5ĻƦğƩƷƒĻƓƷƭΉIźƭƷƚƩǤΏğƓķΏ /ǒƌƷǒƩĻΉhŅŅźĭĻΏƚŅΏIźƭƷƚƩǤΏğƓķΏ/ǒƌƷǒƩĻΉL{LΉa {9 a{͵ğƭƦǣ Denton Firefighters Museum and Memorial Bell Tower: ŷƷƷƦƭʹΉΉǞǞǞ͵ĭźƷǤƚŅķĻƓƷƚƓ͵ĭƚƒΉĻƓΏ ǒƭΉŭƚǝĻƩƓƒĻƓƷΉķĻƦğƩƷƒĻƓƷƭΉķĻƓƷƚƓΏŅźƩĻΏƩĻƭĭǒĻΉŷźƭƷƚƩǤΏƒǒƭĻǒƒ Patterson Appleton Arts Center: ŷƷƷƦƭʹΉΉķĻƓƷƚƓğƩƷƭ͵ĭƚƒΉƦğƷƷĻƩƭƚƓΏğƦƦƌĻƷƚƓΏğƩƷƭΏĭĻƓƷĻƩ Quakertown House Museum: ŷƷƷƦƭʹΉΉķĻƓƷƚƓĭƚǒƓƷǤŷźƭƷƚƩǤğƓķĭǒƌƷǒƩĻ͵ǞƚƩķƦƩĻƭƭ͵ĭƚƒΉЋЉЊАΉЊЋΉЋЋΉŷźƭƷƚƩźĭğƌΏƦğƩƉΏŷźŭŷƌźŭŷƷƭΏƷŷĻΏ ƨǒğƉĻƩƷƚǞƓΏŷƚǒƭĻΉ UNT on the Square: ŷƷƷƦƭʹΉΉǒƓƷƚƓƷŷĻƭƨǒğƩĻ͵ǒƓƷ͵ĻķǒΉ Cultural Sites/Natural Heritage Sites/Parks/Civic Facilities Denton City Hall: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉķĻƓƷƚƓΏĭźƷǤΏŷğƌƌΉ Denton Civic Center: ŷƷƷƦƭʹΉΉǞǞǞ͵ĭźƷǤƚŅķĻƓƷƚƓ͵ĭƚƒΉĻƓΏǒƭΉƩĻƭźķĻƓƷƭΉƦğƩƉƭΏ ƩĻĭƩĻğƷźƚƓΉŅğĭźƌźƷźĻƭΉĭźǝźĭΏĭĻƓƷĻƩ Denton County Historical Park: ŷƷƷƦƭʹΉΉķĻƓƷƚƓĭƚǒƓƷǤ͵ĭƚƒΉ5ĻƦğƩƷƒĻƓƷƭΉIźƭƷƚƩǤΏğƓķΏ /ǒƌƷǒƩĻΉhŅŅźĭĻΏƚŅΏIźƭƷƚƩǤΏğƓķΏ/ǒƌƷǒƩĻΉL{L : ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉǞŷğƷΏƷƚΏ ķƚΉƭŷƚƦƦźƓŭΉķƚǞƓƷƚǞƓΏƭƨǒğƩĻΉͳ Emily Fowler Central Library: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉĻƒźƌǤΏŅƚǞƌĻƩΏƦǒĬƌźĭΏ ƌźĬƩğƩǤΉ For Profit Arts Organizations & Retail Shopping A Creative Art Studio: ŷƷƷƦʹΉΉǞǞǞ͵ğĭƩĻğƷźǝĻğƩƷƭƷǒķźƚ͵ĭƚƒΉ : ŷƷƷƦƭʹΉΉǞǞǞ͵ĬźŭƆƚŷƓƭŭǒźƷğƩƭ͵ĭƚƒΉ Circa 77: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉĭźƩĭğΏААΉ Cowhide Western Furniture: ŷƷƷƦƭʹΉΉǞǞǞ͵ĭƚǞŷźķĻǞĻƭƷĻƩƓŅǒƩƓźƷǒƩĻ͵ĭƚƒΉ Denton Independent Maker Exchange (DIME) Store: ŷƷƷƦʹΉΉǞǞǞ͵ķźƒĻŷğƓķƒğķĻ͵ĭƚƒΉ Denton Music Workshop: ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓƒǒƭźĭǞƚƩƉƭŷƚƦ͵ĭƚƒΉ Denton Trading Company: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉķĻƓƷƚƓΏƷƩğķźƓŭΏĭƚƒƦğƓǤΉ First Peoples Jewelers: ŷƷƷƦƭʹΉΉŅźƩƭƷƦĻƚƦƌĻƭƆĻǞĻƌĻƩƭ͵ĭƚƒΉ Impressions: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉźƒƦƩĻƭƭźƚƓƭΏķƭƭƌĭΉ JT Clothiers: ŷƷƷƦƭʹΉΉǞǞǞ͵ƆƷĭƌƚƷŷźĻƩƭ͵ĭƚƒΉ Mad World Records: ŷƷƷƦƭʹΉΉǞǞǞ͵ŅğĭĻĬƚƚƉ͵ĭƚƒΉƒğķǞƚƩƌķƩĻĭƚƩķƭ More Fun Comics and Games: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉƒƚƩĻΏŅǒƓΏĭƚƒźĭƭΏ ŭğƒĻƭΉ Norman Roscoe: ŷƷƷƦƭʹΉΉǞǞǞ͵ƓƚƩƒğƓƩƚƭĭƚĻ͵ĭƚƒΉ : ŷƷƷƦʹΉΉƒĭĬƩźķĻƦğǞƓ͵ĭƚƒΉ Music Store: ŷƷƷƦƭʹΉΉǞǞǞ͵ƦĻƓķĻƩƭ͵ĭƚƒΉ Painting with a Twist: ŷƷƷƦƭʹΉΉǞǞǞ͵ƦğźƓƷźƓŭǞźƷŷğƷǞźƭƷ͵ĭƚƒΉƭƷǒķźƚΉķĻƓƷƚƓΉ The Palm Tree Boutique: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉƷŷĻΏƦğƌƒΏƷƩĻĻΏĬƚǒƷźƨǒĻΉ Recycled Books: ŷƷƷƦʹΉΉƩĻĭǤĭƌĻķĬƚƚƉƭ͵ĭƚƒΉ Sleeping Lizzards: ŷƷƷƦƭʹΉΉǞǞǞ͵ƭƌĻĻƦźƓŭƌźǩǩğƩķ͵ĭƚƒΉ Studio E Dance Studio: ŷƷƷƦƭʹΉΉǞǞǞ͵ƭƷǒķźƚĻķĻƓƷƚƓ͵ĭƚƒΉ Wilkinsons Fine Goods: ŷƷƷƦƭʹΉΉǞźƌƉźƓƭƚƓƭŅźƓĻŭƚƚķƭ͵ĭƚƒΉ Vintage Bleu: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉǝźƓƷğŭĻΏĬƌĻǒΉ Art and Artistic Assets Denton Arts Walk of Fame: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉķĻƓƷƚƓΏğƩƷƭΏǞğƌƉΏŅğƒĻΉ Original Denton District Art: o ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉķĻƓƷƚƓƭΏƒǒƩğƌΏƭĭĻƓĻΉ o ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉĻǝĻƓƷΉƌƭğΏƒǒƩğƌΏƦƩƚƆĻĭƷΏЋЉЊВΉ o ŷƷƷƦʹΉΉǞǞǞ͵ƷŷĻķĻƓƷƚƓźƷĻ͵ĭƚƒΉźƓķĻǣΉķĻƓƷƚƓΏƒǒƩğƌ o ŷƷƷƦƭʹΉΉǞǞǞ͵ĭźƷǤƚŅķĻƓƷƚƓ͵ĭƚƒΉĻƓΏǒƭΉĬǒƭźƓĻƭƭΉŭĻƷΏźƓǝƚƌǝĻķΉƦǒĬƌźĭΏğƩƷΏĭƚƒƒźƷƷĻĻ o ŷƷƷƦƭʹΉΉķĻƓƷƚƓğƩƷƭ͵ĭƚƒΉĻǣŷźĬźƷźƚƓƭ o ŷƷƷƦƭʹΉΉķĻƓƷƚƓğƩƷƭ͵ĭƚƒΉƦǒĬƌźĭΏğƩƷ o ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉƚǒƷķƚƚƩΏƦǒĬƌźĭΏğƩƷΏƷƚǒƩƭΉ CĻƭƷźǝğƌƭ ğƓķ 9ǝĻƓƷƭ Arts & Jazz Festival: ŷƷƷƦƭʹΉΉķĻƓƷƚƓƆğǩǩŅĻƭƷ͵ĭƚƒΉ Arts & Autos Extravaganza: ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓƒğźƓƭƷƩĻĻƷ͵ƚƩŭΉğƩƷƭΏğƓķΏğǒƷƚƭ Denton Black Film Festival: ŷƷƷƦƭʹΉΉķĻƓƷƚƓĬŅŅ͵ĭƚƒΉ Denton Blues Festival: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉƚƩźŭźƓğƌΏĻǝĻƓƷΉķĻƓƷƚƓΏĬƌǒĻƭΏŅĻƭƷΉ Cinco de Mayo Celebration: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉƚƩźŭźƓğƌΏĻǝĻƓƷΉĭźƓĭƚΏķĻΏƒğǤƚΉ Denton Community Market: ŷƷƷƦʹΉΉǞǞǞ͵ķĻƓƷƚƓĭƚƒƒǒƓźƷǤƒğƩƉĻƷ͵ĭƚƒΉ : ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓķğǤƚŅƷŷĻķĻğķŅĻƭƷźǝğƌ͵ĭƚƒΉ First Friday Denton: ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓƒğźƓƭƷƩĻĻƷ͵ƚƩŭΉķƚǞƓƷƚǞƓΏĻǝĻƓƷƭΉΉŅźƩƭƷΏŅƩźķğǤΏķĻƓƷƚƓ Denton Holiday Lighting Festival and Wassail Weekend: o ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓŷƚƌźķğǤƌźŭŷƷźƓŭ͵ĭƚƒΉ o ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓƒğźƓƭƷƩĻĻƷ͵ƚƩŭΉķƚǞƓƷƚǞƓΏĻǝĻƓƷƭΉΉǞğƭƭğźƌΏǞĻĻƉĻƓķ July 4th Celebration and the Yankee Doodle Parade: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉƚƩźŭźƓğƌΏ ĻǝĻƓƷΉЍƷŷΏƆǒƌǤΏķĻƓƷƚƓΉ Juneteenth Denton: ŷƷƷƦʹΉΉǞǞǞ͵ƆǒƓĻƷĻĻƓƷŷķĻƓƷƚƓƷǣ͵ƚƩŭΉ Make Music Day: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉƚƩźŭźƓğƌΏĻǝĻƓƷΉƒğƉĻΏƒǒƭźĭΏķĻƓƷƚƓΉ Martin Luther King, Jr. Day Celebration and March: ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓƩĭ͵ĭƚƒΉĻƓƷĻƩƷğźƓƒĻƓƷΉķĻƓƷƚƓΏƦğƩƉƭΏķĻƦğƩƷƒĻƓƷΏƷƚΏŷƚƭƷΏƒƌƉΏĭĻƌĻĬƩğƷźƚƓΏ ƩĻƒĻƒĬƩğƓĭĻΉğƩƷźĭƌĻΗЊЌķЌĻЏĬŅΏБЎВĬΏЎЌЋВΏğЍĭБΏЋЋĬАЎАğЎЉЎЉЉ͵ŷƷƒƌ Denton Redbud Festival: ŷƷƷƦƭʹΉΉƉķĬ͵ƚƩŭΉƦƩƚŭƩğƒƭΉĬĻğǒƷźŅźĭğƷźƚƓΉķĻƓƷƚƓΏƩĻķĬǒķΏŅĻƭƷźǝğƌΉ o TRASHion Fashion Show: ŷƷƷƦƭʹΉΉƭĭƩğƦķĻƓƷƚƓ͵ƚƩŭΉƦƩƚŭƩğƒƭΉƷƩğƭŷźƚƓΏŅğƭŷźƚƓΉ Texas Storytelling Festival: ŷƷƷƦʹΉΉǞǞǞ͵ƷĻƆğƭƭƷƚƩǤƷĻƌƌźƓŭ͵ĭƚƒΉŅĻƭƷźǝğƌΉ Thin Line Festival: ŷƷƷƦƭʹΉΉƷŷźƓƌźƓĻ͵ǒƭΉ Twilight Tunes: ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓƒğźƓƭƷƩĻĻƷ͵ƚƩŭΉƷǞźƌźŭŷƷΏƷǒƓĻƭ Denton Wine Walk: ŷƷƷƦʹΉΉǞǞǞ͵ƷŷĻķĻƓƷƚƓźƷĻ͵ĭƚƒΉŅƚƚķΉķĻƓƷƚƓΏǞźƓĻΏǞğƌƉΏĬƩźƓŭƭΏƷƚŭĻƷŷĻƩΏ ĭƚƒƒǒƓźƷǤ wĻƭƷğǒƩğƓƷƭΉ/ƚŅŅĻĻ {ŷƚƦƭΉ.ğƩƭΉ9ƓƷĻƩƷğźƓƒĻƓƷ : ŷƷƷƦʹΉΉǞǞǞ͵ВЍЉƭ͵ĭƚƒΉ Andaman Thai Restaurant: ŷƷƷƦʹΉΉǞǞǞ͵ğƓķğƒğƓƷŷğźƩĻƭƷğǒƩğƓƷ͵ĭƚƒΉ ŷƷƷƦƭʹΉΉğƓķǤƭķĻƓƷƚƓ͵ĭƚƒΉĬğƭĻƒĻƓƷ Armadillo Ale Works/Cryptozoology: ŷƷƷƦƭʹΉΉǞǞǞ͵ğƩƒğķźƌƌƚğƌĻǞƚƩƉƭ͵ĭƚƒΉ Atomic Candy: ŷƷƷƦʹΉΉǞǞǞ͵ğƷƚƒźĭΏĭğƓķǤ͵ĭƚƒ Barley & Board: ŷƷƷƦƭʹΉΉǞǞǞ͵ĬğƩƌĻǤğƓķĬƚğƩķ͵ĭƚƒΉ The Bearded Monk: ŷƷƷƦʹΉΉǞǞǞ͵ĬĻğƩķĻķƒƚƓƉ͵ĭƚƒΉ : ŷƷƷƦʹΉΉǞǞǞ͵ĬĻƷŷƒğƩźĻƭ͵ĭƚƒΉ Boca 31: ŷƷƷƦƭʹΉΉĬƚĭğЌЊ͵ĭƚƒΉ ŷƷƷƦƭʹΉΉǞǞǞ͵ĭğƩƷǞƩźŭŷƷƭƩğƓĭŷŷƚǒƭĻ͵ĭƚƒΉ The Chestnut Tree Teahouse & Bistro: ŷƷƷƦƭʹΉΉĭŷĻƭƷƓǒƷƷĻğƩƚƚƒ͵ĭƚƒΉ Cryptozoology: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉĭƩǤƦƷƚǩƚƚƌƚŭǤΉ Cultivar Coffee Bar & Roaster : ŷƷƷƦƭʹΉΉǞǞǞ͵ĭǒƌƷźǝğƩĭƚŅŅĻĻ͵ĭƚƒΉ Denton County Brewing Company: ŷƷƷƦƭʹΉΉǞǞǞ͵ķĻƓƷƚƓĭĬĭ͵ĭƚƒΉ Dix Coney Island: ŷƷƷƦƭʹΉΉķźǣĭƚƓĻǤźƭƌğƓķƷǣ͵ĭƚƒΉ : ŷƷƷƦʹΉΉǞǞǞ͵ķǒƭƷǤƭĬğƩ͵ĭƚƒΉ Eastside Denton/Austin Street Food Truck Park: ŷƷƷƦʹΉΉĻğƭƷƭźķĻķĻƓƷƚƓ͵ĭƚƒΉ : ŷƷƷƦʹΉΉŷğƓƓğŷƭƚŅŅƷŷĻƭƨǒğƩĻ͵ĭƚƒΉ : ŷƷƷƦʹΉΉŷƚƚĭŷźĻƭķĻƓƷƚƓ͵ĭƚƒΉ : ŷƷƷƦʹΉΉǞǞǞ͵ŷƚƚƌźŭğƓƭķĻƓƷƚƓ͵ĭƚƒΉ Hypnotic Donuts: ŷƷƷƦƭʹΉΉǞǞǞ͵ŷǤƦƓƚƷźĭķƚƓǒƷƭ͵ĭƚƒΉ J&Js Pizza: ŷƷƷƦʹΉΉǞǞǞ͵ƆğƓķƆƦźǩǩğķĻƓƷƚƓ͵ĭƚƒΉ Jupiter House: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉƆǒƦźƷĻƩΏŷƚǒƭĻΉ Keiichi: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉƉĻźźĭŷźΏƩĻƭƷğǒƩğƓƷΉ Komodo Loco: ŷƷƷƦƭʹΉΉǞǞǞ͵Ɖƚƒƚķƚƌƚĭƚ͵ĭƚƒΉ La Estrella: ŷƷƷƦƭʹΉΉǞǞǞ͵ķźƭĭƚǝĻƩķĻƓƷƚƓ͵ĭƚƒΉğƷƷƩğĭƷźƚƓΉƌğΏĻƭƷƩĻƌƌğΉ The Loop Hole Gastropub & Ale House: ŷƷƷƦʹΉΉƌƚƚƦŷƚƌĻƦǒĬ͵ĭƚƒΉ Lone Star Attitude Burger Co.: ŷƷƷƦƭʹΉΉǞǞǞ͵ƌƭğĬǒƩŭĻƩ͵ĭƚƒΉ Mi Casita: ŷƷƷƦʹΉΉǞǞǞ͵ƒźĭğƭźƷğŅƚƚķ͵ĭƚƒΉ Oak Street Draft House and Cocktail Parlor: ŷƷƷƦʹΉΉƚğƉƭƷƩĻĻƷķƩğŅƷŷƚǒƭĻ͵ĭƚƒΉ Paschall: ŷƷƷƦƭʹΉΉğƓķǤƭķĻƓƷƚƓ͵ĭƚƒΉƦğƭĭŷğƌƌ : ŷƷƷƦʹΉΉƨǒĻĻƓźĻƭƭƷĻğƉŷƚǒƭĻ͵ĭƚƒΉ Ravelin Bakery: ŷƷƷƦƭʹΉΉƩğǝĻƌźƓĬğƉĻƩǤķĻƓƷƚƓ͵ǞƚƩķƦƩĻƭƭ͵ĭƚƒΉğĬƚǒƷΏƩğǝĻƌźƓΏĬğƉĻƩǤΉ : ŷƷƷƦʹΉΉǞǞǞ͵ƩƚƚƭƷĻƩƭΏƩƚğķŷƚǒƭĻ͵ĭƚƒΉ Spiral Diner: ŷƷƷƦƭʹΉΉƭƦźƩğƌķźƓĻƩ͵ĭƚƒΉ ŷƷƷƦƭʹΉΉǞǞǞ͵ƭƷĻǝĻƭǞźƓĻĬğƩ͵ĭƚƒΉ Sweetwater Grill and Tavern: ŷƷƷƦƭʹΉΉƭǞĻĻƷǞğƷĻƩŭƩźƌƌğƓķƷğǝĻƩƓķĻƓƷƚƓ͵ĭƚƒΉ Tex Tapas: ŷƷƷƦʹΉΉǞǞǞ͵ƷĻǣƷğƦğƭ͵ĭƚƒΉ Thai Square: ŷƷƷƦƭʹΉΉƷŷğźƭƨǒğƩĻķĻƓƷƚƓ͵ĭƚƒΉ Upper Park Café: ŷƷƷƦʹΉΉǞǞǞ͵ǒƦƦĻƩƦğƩƉĭğŅĻ͵ĭƚƒΉ West Oak Coffee Bar: ŷƷƷƦƭʹΉΉǞĻƭƷƚğƉĭƚŅŅĻĻ͵ĭƚƒΉ Wine Squared: ŷƷƷƦƭʹΉΉǞǞǞ͵ǞźƓĻƷźƒĻƭǞźƓĻ͵ĭƚƒΉ Required Attachments: Signed Assurances Page Required Attachments: Letters of Support County Government Required Attachments: Letters of Support Community Dr. Gary Gibbs May 15, 2019 Executive Director Texas Commission on the Arts PO Box 13406 Austin, TX 78711-3406 Subject: The Original Denton District Dear Dr. Gibbs, The Original Denton District, a cultural district centered in downtown Denton, is applying to the Texas Commission on the Arts for Cultural District designation. This vibrant, thriving area is at the center of , overflowing with art, music, and history. The Denton Convention and Visitors Bureau (CVB) is a strong supporter of this effort and the arts. The Denton CVB operates DentonRadio.com an internet radio station broadcasting live from the Discover Denton Welcome Center located in the heart primary focus is to provide a platform for local musicians. The Discover local artists are on display. Lastly, the retail aspect of the welcome center includes merchandise handcrafted by many local artisans. The effort to achieve the Cultural District designation reflects hundreds of hours of work by City staff, stakeholders, and the public to engage the community in thinking about the future of the arts and culture in Denton. The Denton CVB believes that the vision for the Original Denton District will further the tourism effort and reach for our community. We describe the Original Denton District area as the living room of our community offering a unique creative culture, a wealth of world-class art, music, dozens of festivals and events all that celebrate the Original and Independent spirit of Denton. Thank you for your consideration and please accept this letter of support from the Denton Convention and Visitors Bureau for the Original Denton District receiving the Cultural District designation. Sincerely, Dana Lodge Interim Vice President Denton Convention and Visitors Bureau 414 W. Parkway Denton, TX 76208 (940) 382-7895 May 18, 2019 Dr. Gary Gibbs Executive Director Texas Commission on the Arts PO Box 13406 Austin, TX 78711-3406 Subject: The Original Denton District I am writing to support the request of the Original Denton District, an arts area, located in downtown Denton, in their application to the Texas Commission on the Arts for Cultural District designation. As a long-time working/traveling Texas-proud musician, who has benefitted greatly from the work you guys do in helping Brave Combo reach all corners of the state, I feel my hometown, Denton, deserves this recognition and designation. It is astounding, to me, to see how the downtown area has exploded into a mecca for anyone interested in music, art, theater and/or a regular basis at the incredible work which has gone into creating a truly special and unique place. Denton is an unusual mix of original inhabitants, country folk, college kids, seriously progressive thinkers and people who make art. Brave Combo has remained in Denton for our 40 years of existence largely because we felt at home around people who accepted our eccentric twist on music. This has always been a town where creativity is encouraged and rewarded, and it seems like the right time to push Denton to the next level. Also, I know many of the people who are responsible for envisioning and crafting the cultural district as it is today and am absolutely sure they will work tirelessly to achieve the goals expected from such a designation. In the early days of Brave Combo, when we performed outside of Texas most people thought we were from Austin. Even a lot of the newspaper and magazine articles incorrectly stated that we were from Denton, it was also to express the specialness of Denton and recognize a deserving community. Thank you for all the Texas Commission on the Arts does for artistic expression in Texas and for your consideration of my recommendation that the Original Denton District receive the Cultural District designation. Sincerely, Carl Finch Brave Combo Box 233 Denton, TX 76202 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1159,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractwithPonderCompany,Inc.,fortheReplacementofResilientSports GymFlooratCityofDentonÓsNorthLakesRecreationCenter;providingfortheexpenditureoffundstherefor; andprovidinganeffectivedate(IFB7005-awardedtoPonderCompany,Inc.,inthenot-to-exceedamountof $100,595.45). City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Procurement & Compliance CFO: Antonio Puente, Jr. DATE: June 4, 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 with Ponder Company, Inc., for the Replacement of ; providing for the expenditure of funds therefor; and providing an effective date (IFB 7005 - awarded to Ponder Company, Inc., in the not-to-exceed amount of $100,595.45). IFB INFORMATION/BACKGROUND Over the last decade, programming at North Lakes Recreation Center has increased and changed dramatically. The group exercise program now offers more than 25 classes per week ranging from high- intensity interval training to dance aerobics. Due to the variety of classes, and equipment used, it is imperative to have a durable floor that provides the best shock absorption for participants and can withstand the use of weights, bikes and other equipment. The existing floor is about thirty years old and in need of patching and repairs. The recommended floor is a Robbins Pro 165 Sports grade floor that can withstand the daily use of exercise equipment, classes, banquet tables/chairs and resistant to food and drink stains. This will increase the Recreation Centers capability to accommodate more versatile programming and rentals. The new flooring will come with a twenty-five-year warranty. The contractor will be responsible for removing the existing flooring and disposing of the old material. After removal of the old material, the concrete is then prepped to accept the new material, the product will then be installed and the project area cleaned up by the contractor. Invitation for Bids was sent to 467 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Three (3) bids were received but only one (1) bid met specifications (Exhibit 2). The lowest bid was received by Ponder Company, Inc. Rubber Flooring Systems Inc. was disqualified for an incomplete bid package. Purchasing made multiple attempts to obtain the missing requested information of References, Recent Projects, and required signatures. Dynamic Sports Construction Inc. was also disqualified for not submitting floor to the solicited specification, but rather an alternative option which is not comparable to other bidders. Ponder Company, Inc., is the most qualified bidder for the project. They provided all requested information in their bid package and proposal for the specified floor. RECOMMENDATION Award a contract with Ponder Company Inc., for the replacement of Resilient Sports Gym Floor at City of in the not-to-exceed amount of $100,595.45. PRINCIPAL PLACE OF BUSINESS Ponder Company, Inc. Dallas, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval and will take twenty-eight (28) days for substantial completion. FISCAL INFORMATION 100251409.1365.40100. Requisition # 142536 has been entered into the Purchasing software system in the amount of $100,595.45. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: David Saltsman at 940-349-7247. Legal point of contact: Mack Reinwand at 940-349-8333. DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND PONDER COMPANY INC. (IFB 7005) THIS CONTRACT is made and entered into this date , by and between PONDER COMPANY INC., a Texas Corporation, whose address is 6825 Levelland Road #3B, Dallas, Texas 75252, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a Texas Municipal Corporation and Home-Rule City, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and the subsequent execution of this Contract by the Denton City Manager, or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: SCOPE OF SERVICES Contractor shall provide construction services in accordance with the FB #7005, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Special Terms and Conditions (b) City of Denton IFB # 7005 on file at Office of Purchasing Agent) (c) General Provisions-Standard Terms and Conditions (d) Payment and Performance Bond Requirements (e) Insurance Requirements (f) Certificate of Interested Parties Electronic Filing (g) Contractor ; (h) Certificate of Interested Parties These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to this written Contract, and then to the Contract documents in the sequential order in which The parties agree to transact business electronically. Any statutory requirements that certain terms be in writing will be satisfied using electronic documents and signing. Electronic signing of this document will be deemed an original for all legal purposes. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Section 808.001 of the Texas Government Code. Pursuant to Texas Government Code, Chapter 2252, Section 2252.152 and Section 2252.153, certify that the company named above is not listed on the website of the Comptroller of the State of Texas concerning the listing of companies that are identified under Section 806.051, Section 807.051 or Section 2253.153. I further certify that should the above-named company enter into a contract that is on said listing of companies on the website of the Comptroller of the State of Texas which do business with Iran, Sudan or any Foreign Terrorist Organization, I will verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. IN WITNESS WHEREOF, the parties of these presents have executed this Contract in the year and day first above written. CONTRACTOR THIS AGREEMENT HAS BEEN BY: ______________________________ BOTH REVIEWED AND APPROVED AUTHORIZED SIGNATURE as to financial and operational obligations and business terms. Printed Name:________________________ Title: _______________________________ _______________ ________________ SIGNATURE PRINTED NAME ___________________________________ TEXAS ETHICS COMMISSION __________________________________ CERTIFICATE NUMBER TITLE __________________________________ CITY OF DENTON, TEXAS DEPARTMENT A Texas Municipal Corporation By: _________________________ TODD HILEMAN CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY By: _________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: _________________________________ DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D EXHIBIT A SPECIAL TERMS AND CONDITIONS Total Contract Amount The Contract total for services shall not exceed $100,595.45. Pricing shall be per Exhibit G attached. Contract Term The Contract shall commence upon the issuance of a Notice to Proceed. Contractor shall begin work on site within fourteen (14) calendar days of receipt of Notice to Proceed. Project shall be complete within twenty-eight (28) calendar days after work commences on site. Delays are further discussed in the Standard Terms and Conditions Exhibit C, Section 8.3. Special Notice and Additional Requirement(s): 1. Additional safety precautions shall be instituted by the awarded Contractor, as the work environment will be in an area where citizens and employees may be present, and work safety must be coordinated with the owner. 2. The Contractor shall be responsible for all spoil removals, and any excess soil that will require removal. 3. It is understood that the basis for payment on the work to be done according to the final plans and specifications shall be a lump sum fee as set forth in Contractor's Proposal. Any quantity estimates supplied by Designer or Owner are intended only as a guide to the respondent. Contractor is responsible for making his own quantity estimates and pricing from his own examination of the work to be done. 4. A schedule of Quantities and Unit Prices is to be filled out as a part of this bid. Extensions of units and unit prices must total up correctly. DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D EXHIBIT C GENERAL PROVISIONS- TERMS AND CONDITIONS FOR FACILITY CONSTRUCTION SERVICES Invoices, Payments, and Releases 1. INVOICES AND PAYMENT PROCESSING: Payment processing: The City review, inspection, and processing procedures for invoices ordinarily require thirty (30) days after receipt of invoices, materials, or services. Proposals which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Manager, the review, inspection, and processing procedures can be completed as specified. It is the intention of the City of Denton to make payment within thirty (30) days after receipt of valid invoices for which items or services have been received unless unusual circumstances arise. The thirty (30) day processing period for invoices will begin on the date the invoice is received or the date the items or services are received, whichever date is later. Direct deposit for payments: Prime Contractors are encouraged to arrange for receiving payments through direct deposit. Information regarding direct deposit payments is available from the City of Denton Purchasing website: www.dentonpurchasing.com. Invoices: Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299 with a copy to the attention of David Saltsman, City of Denton Facilities Management, 869 S. Woodrow Lane, Denton, TX 76205. The copy may also be emailed to Mr. Saltsman at david.saltsman@cityofdenton.com. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Invoices for partial payments on construction projects should normally be presented for payment within the first five (5) days of the month, and submitted on the Pay Application Form. 2. TAX EXEMPTION: The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Prime Contractor performing work under this Contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State -0.07 and #95-0.09. 3. PAYMENTS TO CONTRACTORS: A. Upon presentation of valid invoices, which should be within the first week of each month, the Owner shall make partial payments to the Prime Contractor for construction accomplished during the preceding calendar month on the basis of completed construction certified to by the Prime Contractor and approved by the Owner and Architect/Engineer solely for the purposes of payment. Provided, however, that such approval shall not be deemed approval of the workmanship or materials. Only ninety-five percent (95%) of each payment request approved during the construction of the project shall be paid by the Owner to the Prime Contractor prior to completion of the Project. Upon the approval by the Owner Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D of the Prime construction performed, the Owner shall make payment to the Prime Contractor of all amounts to which the Prime Contractor shall be entitled there under which shall not have been paid: Provided, however, that such final payment shall be made not later than ninety (90) days after the date of completion of construction of the Project, as specified in the Final Invoice for Payment, unless withheld because of the fault of the Prime Contractor. B. The Prime Contractor shall be paid on the basis of the percentage of the work actually completed for each construction item. The total amount paid for periodic billings shall not exceed the maximum Contract price for the construction of the project as set forth in the Contract, unless such excess shall have been approved in writing by the Purchasing Agent as part of a change order. C. No payment shall be due while the Prime Contractor is in default in respect of any of the provisions of this Contract, and the Owner may withhold from the Prime Contractor the amount of any claim by any third party against either the Prime Contractor or the Owner based upon an alleged failure of the Prime Contractor to perform the work hereunder in accordance with the provisions of this Contract. This includes, without limitation, the alleged failure of the Prime Contractor to make payments to subcontractors. 4. RELEASE OF LIENS AND CERTIFICATE OF CONTRACTOR: Upon award of the Contract, the Prime Contractor shall inform the Owner of the subcontractors and material sources that will be used. Upon the completion by the Prime Contractor of the construction of the Project, but prior to final payment to the Prime Contractor, the Prime Contractor shall deliver to the Owner releases of all liens, and of rights to claim any lien, from all manufacturers, materialmen and subcontractors furnishing services or materials for the Project, to the effect that all materials or services used on or for the Project have been paid for and indicating that the Owner is fully released from all such claims. 5. PAYMENTS TO MATERIALMEN AND SUBCONTRACTORS: The Prime Contractor shall pay each materialman, and each subcontractor, if any, not later than five (5) days after receipt of any payment from the Owner, the amount thereof allowed the Contractor for and on account of materials furnished or construction performed by each materialman or each subcontractor. 6. REMEDIES: A. Completion of Prime If default shall be made by the Prime Contractor or by any subcontractor in the performance of any of the terms of this proposal, the Owner, without in any manner limiting its legal and equitable remedies in the circumstances, may serve upon the Prime Contractor and the Surety or Sureties upon the Prime Contractor's bond or bonds a written notice requiring the Prime Contractor to cause such default to be corrected forthwith. Unless within twenty (20) days after the service of such notice upon the Prime Contractor such default shall be corrected or arrangements for the correction thereof satisfactory to the Owner and/or Architect/Engineer shall be made by the Prime Contractor or its Surety or Sureties, the Owner may take over the construction of the Project and prosecute the same to completion Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D by Contract or otherwise for the account and at the expense of the Prime Contractor, and the Prime Contractor and its Surety or Sureties shall be liable to the Owner for any cost or expense in excess of the Contract price occasioned thereby. In such event the Owner may take possession of and utilize, in completing the construction of the project, any materials, tools, supplies, equipment, appliances, and plant belonging to the Prime Contractor or any of its subcontractors, which may be situated at the site of the Project. The Owner in such contingency may exercise any rights, claims or demands which the Prime Contractor may have against third persons in connection with this Contract and for such purpose the Prime Contractor does hereby assign, transfer and set over unto the Owner all such rights claims and demands. B. Liquidated Damages The time of the completion of construction of the project is of the essence of the contract. Should the Contractor neglect, refuse or fail to complete the construction within the time herein agreed upon, after giving effect to extensions of time, if any, herein provided, then, in that event and in view of the difficulty of estimating with exactness damages caused by such delay, the City shall have the right to deduct from and retain out of such money which may be then due or which may become due and payable to the Contractor the sum of ONE HUNDRED DOLLARS ($100.00) per day for each and every day, including weekends, that such construction is delayed on its completion beyond the specified time, as liquidated damages and not as a penalty; if the amount due and to become due from the City to the Contractor is insufficient to pay in full any such liquidated damages, the Contractor shall pay to the City the amount necessary to effect such payment in full: Provided, however, that the City shall promptly notify the Contractor in writing of the manner in which the amount retained, deducted or claimed as liquidated damages was computed. C. Cumulative Remedies Every right or remedy herein conferred upon or reserved to the Owner shall be cumulative, shall be in addition to every right and remedy now or hereafter existing at law or in equity or by statute, and the pursuit of any right or remedy shall not be construed as an election. Provided, however, that the provisions of the REMEDIES SECTION shall be the exclusive measure of damages for failure by the Prime Contractor to complete the construction of the Project within the time herein agreed upon. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D CITY OF DENTON GENERAL CONDITIONS FOR CONSTRUCTION ARTICLE 1 GENERAL PROVISIONS GENERAL DEFINITIONS 1.1 The following definitions apply throughout these General Conditions and to the other Contract Documents: a) THE CONTRACT DOCUMENTS The Contract Documents consist of the formal Building Construction Services Agreement between the Owner and the Prime Contractor, these General Conditions and other supplementary conditions included by special provisions or addenda, drawings, specifications, addenda issued prior to execution of the Contract, other documents listed in the Contract, and Amendments issued after execution of the Contract. For purposes of these General Conditions, an Amendment is: (1) a written Supplemental Agreement to the Contract signed by authorized representatives of both parties; (2) a Change Order, including Change Orders signed only by the Owner as described in Subparagraph 7.1(b) and Subparagraph 7.1(e); or (3) a written order for a minor change in the Work issued by the Architect/Engineer as described in Paragraph 7.3. The Contrac Bidders, sample forms, the Prime Contractor's Bid Proposal and portions of addenda relating to any of these documents, and any other documents, exhibits or attachments specifically enumerated in the Building Construction Services Agreement, but specifically exclude geotechnical and subsurface reports that the Owner may have provided to the Prime Contractor. b) THE CONTRACT The Contract Documents, as defined in Paragraph 1.1, are expressly incorporated into and made a part of the formal Building Construction Services Agreement between the Owner and the Prime Contractor by reference in this Paragraph and Paragraph 1.1 (which documents are sometimes also referred to collectively in these General Conditions as the between the Owner and the Prime Contractor and supersede all prior negotiations, representations or agreements, either written or oral. The terms and conditions of the Contract Documents may be changed only by an Amendment. The Contract Documents shall not be construed to create a contractual relationship of any kind: (1) between the Architect/Engineer and Prime Contractor; Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (2) between the Owner and a Subcontractor or -subcontractor; or (3) between any persons or entities other than the Owner and Prime Contractor. The Architect/Engineer shall, however, be entitled to performance and enforcement of obligations under the Contract Documents intended to facilitate performance of the c) THE WORK whether completed or partially completed, and includes all labor, materials, equipment, and services provided or to be provided by the Prime Contractor, or any Subcontractors, Sub-subcontractors, material suppliers, or any other entity for whom the Prime Contractor is responsible, to fulfill the Prime whole or a part of the Project. d) THE PROJECT The Project is the total construction more particularly described in the Building Construction Services Agreement, of which the Work performed under the Contract Documents may be the whole or a part of the Project and which may include construction by the Owner or by separate contractors. All references in these General Conditions to or that the Work may only be a part of the Project. e) THE DRAWINGS Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules, and diagrams. f) THE SPECIFICATIONS The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards, and workmanship for the Work, performance of related services, and other technical requirements. g) THE PROJECT MANUAL The Project Manual is the volume or volumes which contain the bidding requirements, sample forms, General Conditions for Building Construction, special provisions, and Specifications. The Project Manual may be modified by written addendums issued by the Owner during bidding, in which case the written addendums become a part of the Project Manual upon their issuance, unless otherwise indicated by the Owner in writing. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D h) ALTERNATE An Alternate is a variation in the Work on which the Owner requires a price separate from the City Building General Conditions Base Bid. If an Alternate is accepted by the Owner, the variation will become a part of the Contract through the execution of a change order or amendment to the Contract and the Base Bid will be adjusted to include the amount quoted. If an alternate is accepted by the Owner, and later deleted prior to any Work under the alternate being performed or materials delivered to the Project site, the Owner will be entitled to a credit in the full value of the alternate as priced in the Prime i) BASE BID The Base Bid is the price quoted for the Work before Alternates are considered. j) HAZARDOUS SUBSTANCE The term Hazardous Substance is defined to include the following: (1) any asbestos or any material which contains any hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-friable; (2) -containing materials, or fluids; (3) radon; (4) any other hazardous, radioactive, toxic or noxious substance, material, pollutant, or solid, liquid or gaseous waste; (5) any pollutant or contaminant (including but not limited to petroleum, petroleum hydrocarbons, petroleum products, crude oil or any fractions thereof, any oil or gas exploration or production waste, any natural gas, synthetic gas or any mixture thereof, lead, or other toxic metals) which in its condition, concentration or area of release could have a significant effect on human health, the environment, or natural resources; (6) any substance that, whether by its nature or its use, is subject to regulation or requires environmental investigation, monitoring, or remediation under any federal, state, or local environmental laws, rules, or regulations; (7) any underground storage tanks, as defined in 42 U.S.C. Section 6991(1)(A)(I) (including those defined by Section 9001(1) of the 1984 Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; the Texas Water Code Annotated Section 26.344; and Title 30 of the Texas Administrative Code Sections 334.3 and 334.4), whether empty, filled or partially filled with any substance; and Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (8) any other hazardous material, hazardous waste, hazardous substance, solid waste, and toxic substance as those or similar terms are defined under any federal, state, or local environmental laws, rules, or regulations. k) OTHER DEFINITIONS As used in the Contract Documents, the following additional terms have the following meanings: (1) materials, appurtenances and other expenses to complete in place, ready for operation or use; (2) e is mandatory; (3) (4) with the Contract Documents and applicable laws, ordinances, construction codes, and regulations. 1.2 EXECUTION, CORRELATION AND INTENT (a) The Building Construction Services Agreement shall be signed by duly authorized representatives of the Owner and Prime Contractor as provided in the Agreement. (b) Execution of the Building Construction Services Agreement by the Prime Contractor is a representation that the Prime Contractor has visited the site, has become familiar with local conditions, including but not limited to subsurface conditions, under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. (c) The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Prime Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Prime Contractor shall be required only to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the intended results. (d) Organization of the Specifications into divisions, sections, and articles, and arrangement of Drawings shall not control the Prime Contractor in dividing the Work among Subcontractor(s) or in establishing the extent of Work to be performed by any trade. (e) Unless otherwise stated in the Contract Documents, words which have well-known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (f) The Drawings and Specifications are intended to agree with one another, and Work called for by Drawings and not mentioned in Specifications, or vice versa, shall be furnished as if set forth by both. Specifications shall govern materials, methods and quality of work. In the event of a conflict on the Drawings between scale and dimension, figured dimensions shall govern over scale dimensions and large scale drawings shall govern over small scale drawings. Conflict between two or more dimensions applying to a common point shall be referred to the Architect/Engineer/Engineer for final adjustment. If discrepancies or conflicts occur within or between the Drawings and Specifications regarding the Work, or within or between other Contract Documents, the Prime Contractor shall not perform such Work without having obtained a clarification from the Architect/Engineer and resolution by the Owner. The Owner's decision as to the appropriate resolution of a conflict or discrepancy shall be final. Should the Drawings or the Specifications disagree within themselves or with each other; the Base Bid will be based on the most expensive combination of quality and quantity of Work indicated. (g) Deviations from Contract Documents shall be made only after written approval is obtained from Architect/Engineer and Owner, as provided in Article 7. (h) The intention of the Contract Documents is to include all materials, labor, tools, equipment, utilities, appliances, accessories, services, transportation, and supervision required to completely perform the fabrication, erection and execution of the Work in its final position. (i) The most recently issued Drawing or Specification takes precedence over previous issues of the same Drawing or Specification. In the event of a conflict, the order of precedence of interpretation of the Contract Documents is as follows: (1) Amendments (see Paragraph 7.2 for order of precedence between Amendments); (2) the Building Construction Services Agreement; (3) addenda, with those addenda of later date having precedence over those of an earlier date; (4) the Supplementary General Conditions and Special Provisions, if any; (5) the General Conditions for Building Construction; (6) 0the Specifications and Drawings. SPECIFICATIONS AND OTHER DOCUMENTS All Drawings, Specifications, and copies thereof furnished by the Architect/Engineer are and Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D shall remain the property of the Owner and are, with the exception of the Contract set for each party, to be returned to the Owner upon request at the completion of the Work. 1.4 CAPITALIZATION Terms capitalized in these General Conditions include those which are: (1) specifically defined in these General Conditions (except the terms defined in Subparagraph 1.1(j), which terms are of common grammatical usage and are not normally capitalized); (2) the titles of numbered articles and identified references to Paragraphs, Subparagraphs, and Clauses; (3) the titles of other documents published or used by the Owner as manuals or official policy statements; or (4) proper nouns or other words required under standard grammatical rules to be capitalized. ARTICLE 2 - THE OWNER 2.1 DEFINITION OF OWNER The Owner is the City of Denton, a Texas municipal corporation, and is identified as such in the Building Construction Services Agreement, and is referred to throughout the Contract authorized representatives. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER (a) The Owner shall furnish the most recent survey describing the physical characteristics, legal limits, utility locations, and a permanent benchmark for the site of the Project. The Owner shall also furnish any environmental site assessments that may have been given to the Owner or conducted for the property upon which the Project is to be constructed. THIS INFORMATION IS FURNISHED TO THE PRIME CONTRACTOR ONLY IN ORDER TO MAKE DISCLOSURE OF THIS MATERIAL AND FOR NO OTHER PURPOSE. BY FURNISHING THIS MATERIAL, THE OWNER DOES NOT REPRESENT, WARRANT, OR GUARANTEE ITS ACCURACY EITHER IN WHOLE, IN PART, IMPLICITLY OR EXPLICITLY, OR IN ANY OTHER WAY, AND THE OWNER SHALL HAVE NO LIABILITY FOR THIS MATERIAL. (b) Except for permits and fees which are provided for in Subparagraph 3.7(a), the Owner shall secure and pay for necessary approvals, easements, assessments, and charges required for construction, use, or occupancy of permanent structures or for permanent changes in existing facilities. (c) Information or services unde reasonable promptness to avoid delay in the orderly progress of the Work. It is incumbent upon the Prime Contractor to identify, establish, and maintain a current schedule of latest Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D dates for submittal and approval, as required in Paragraph 3.10, including when such information or services must be delivered. If Owner delivers the information or services to the Prime Contractor as scheduled and Prime Contractor is not prepared to accept or act on such information or services, then Prime Contractor shall reimburse Owner for all extra costs incurred of holding, storage, or retention, including redeliveries by the Owner to comply with the current schedule. (d) Unless otherwise provided in the Contract Documents, the Prime Contractor will be furnished electronic copies of the Drawings and Specifications for bid purposes and one hard copy approved by Building Inspections upon execution of the Contract. Prime Contractor may obtain additional copies by paying the cost of additional printing or reproduction. (e) The obligations described above are in addition to other duties and responsibilities of the Owner enumerated in the Contract Documents and especially those in respect to Article 6 (Construction by Owner or by Separate Contractors), Article 9 (Payments and Completion), and Article 11 (Insurance and Bonds). (f) The Owner shall forward all instructions to the Prime Contractor through the cision to carry out Work as described in Paragraph 2.4. (g) performance of the Work to assist the Architect/Engineer in the performance of the s and to verify the Prime workmen employed on the Work, their occupational classification, the time each is engaged in the Work, the equipment used in the performance of the Work, and for purpose of verification of Prime If the Prime Contractor fails to correct any portion of the Work which is not in accordance with the requirements of the Contract Documents as required by Paragraph 12.2 or refuses or fails to carry out all or any part of the Work in accordance with the Contract Documents, the Owner, by written order, may order the Prime Contractor to stop the Work, or any portion of the Work, until the cause for the order has been eliminated. The right of the Owner however, to stop the Work shall not create or imply a duty on the part of the Owner to exercise this right for the benefit of the Prime Contractor or any other person or entity. The rights of the Owner under this Paragraph 2.3 shall b Paragraph 12.2. If the Prime Contractor fails or refuses to carry out the Work or perform any of the terms, covenants, or obligations of the Contract Documents, and fails or refuses to correct any failure or refusal with diligence and promptness within fourteen (14) days after receipt of written notice from the Owner, the Owner may correct the Prime cause such failure or refusal to be corrected, without affecting, superseding, or waiving any other contractual, legal, or equitable remedies the Owner has, including but not limited to the issued deducting the Owner's cost of correction, including Architect/Engineer's compensation Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D for additional services and expenses made necessary by the failure or refusal of the Prime Contractor from payments then or thereafter due to the Prime Contractor. The cost of correction is subject to verification (but not approval) by the Architect/Engineer. If payments then or thereafter due the Prime Contractor are not sufficient to cover the cost of correction, the Prime Contractor shall pay the difference to the Owner. 2.5 NOTICE TO PROCEED After final execution of the Contract and receipt and approval of the required performance and payment bonds and evidence of required insurance, the Owner will issue a written Notice to Proceed with the Work, including the designated Contract Time within which Substantial Completion of the Work must be achieved. If the Owner unreasonably delays issuance of a written Notice to Proceed through no fault of the Prime Contractor, the Prime Contractor shall be entitled only to an equitable adjustment of the Contract Time, if properly claimed pursuant to the requirements of Paragraph 4.3; but the Prime Contractor shall not be entitled to any increase to the Contract Sum whatsoever for this reason. ARTICLE 3 - THE CONTRACTOR 3.1 DEFINITION OF CONTRACTOR The Prime Contractor is the person or business entity identified as such in the Building Construction Services Agreement, and is referred to throughout the Contract Documents as if Prime Prime Contractor or the Prime 3.2 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR (a) The Prime Contractor shall carefully check, study, and compare the Contract Documents with each other and shall at once report to the Architect/Engineer in writing any inconsistency, ambiguity, error, omission, conflict, or discrepancy the Prime Contractor may discover. The Prime Contractor shall also verify all dimensions, field measurements, and field conditions before laying out the Work. The Prime Contractor will be held responsible for any subsequent error, omission, conflict, or discrepancy which might have been avoided by the above-described check, study, comparison, and reporting. In the event the Prime Contractor continues to work on an item where an inconsistency, ambiguity, error, omission, conflict, or discrepancy exists without obtaining such clarification or resolution or commences an item of the Work without giving written notice of an error, omission, conflict, or discrepancy that might have been avoided by the check, study, and comparison required above, it shall be deemed that the Prime Contractor bid and intended to execute the more stringent, higher quality, or state of the art requirement, or accepted the condition as is in the Contract Documents, without any increase to the Contract Sum or Contract Time. The Prime Contractor shall also be responsible to correct any failure of component parts to coordinate or fit properly into final position as a result of Prime Contractor's failure to give notice of and obtain a clarification or resolution of any error, Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D omission, conflict, or discrepancy, without any right to any increase to the Contract Sum or Contract Time. (b) The Prime Contractor shall perform the Work in accordance with the Contract Documents and submittals approved pursuant to Paragraph 3.12. 3.3 SUPERVISION AND CONSTRUCTION PROCEDURES (a) The Prime Contractor shall supervise and direct the Work, using the Prime best skill and attention. The Prime Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work, unless the Contract Documents set forth specific instructions concerning these matters. (b) The Prime Contractor shall be responsible to the Owner for the acts and omissions of the Prime -subcontractors, and their respective agents and employees, and any other persons performing portions of the Work under a subcontract with the Prime Contractor, or with any Subcontractor, and all other persons or entities for which the Prime Contractor is legally responsible. All labor shall be performed by mechanics that are trained and skilled in their respective trades. Standards of work required throughout shall be of a quality that will bring only first class results. Mechanics whose work is unsatisfactory, or who are considered careless, incompetent, unskilled, or otherwise objectionable shall be dismissed promptly from the Work and immediately replaced with competent, skilled personnel. Any part of the Work adversely affected by the acts or omissions of incompetent, unskilled, careless, or objectionable personnel shall be immediately corrected by the Prime Contractor. (c) The Prime Contractor shall not be relieved of its obligation to perform the Work in accordance with the Contract Documents either by activities or duties of the inspections, or approvals required or performed by persons other than the Prime Contractor. (d) The Prime Contractor shall be responsible for inspection of portions of Work already performed under this Contract to determine that such portions are in proper condition to receive subsequent Work. The Prime Contractor's responsibility under this paragraph will not in any way eliminate the Architect/Engineer's responsibility to the Owner under the Architect/Engineer/Owner Agreement. (e) Any Prime Contractor, Subcontractor, Sub-subcontractor, or separate contractor who commences Work over, in, or under any surface prepared by the Owner or by any other contractor, subcontractor, sub-subcontractor or any separate contractor, without the Prime Contractor having given written notice to the Architect/Engineer of the existence of any faulty surface or condition in the surface that prevents achieving the quality of workmanship specified by the Contract Documents and without having obtained the prior approval of the Architect/Engineer and the Owner to proceed is deemed to have accepted the surface or condition in the surface as satisfactory at the commencement of such Work. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Any unsatisfactory Work subsequently resulting from such a faulty surface or condition in the surface that was not pre-approved by the Architect/Engineer or the Owner after notice as provided above may be rejected and replacement required, without any increase to the Contract Sum or Contract Time. (f) All grades, lines, levels, and benchmarks shall be established and maintained on an ongoing basis by the Prime Contractor. The Prime Contractor is solely responsible for any errors made in establishing or maintaining proper grades, lines, levels, or benchmarks. Contractor shall verify all grades, lines, levels, and dimensions as indicated on Drawings. He shall report any errors, omissions, conflicts, or inconsistencies to Architect/Engineer before commencing any Work affected by these conditions. Contractor shall establish and safeguard benchmarks in at least two widely separated places and, as Work progresses, establish benchmarks at each level and lay out partitions on rough floor in exact locations as guides to all trades. The Contractor shall, from the permanent benchmark provided by the Owner, establish and maintain adequate horizontal and vertical control. 3.4 LABOR AND MATERIALS (a) Except as is otherwise specifically provided in the Contract Documents as being the responsibility of the Owner, the Prime Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. (b) The Prime Contractor shall enforce strict discipline and good order among the Prime all other persons carrying out the Contract. The Prime Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. (c) The Prime Contractor shall give preference, when qualified labor is available to perform the Work to which the employment relates, to all labor hired for the Project in the following order: (1) residents of the City of Denton, Texas; (2) residents of the County of Denton, Texas; 3.5 WARRANTY (a) General Warranty. The Contractor warrants to the Owner that all Work shall be accomplished in a good and workmanlike manner and that all materials and equipment furnished under the Contract will be of good quality, new (unless otherwise specified), and free from faults or defects, and that the Work will otherwise conform to the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, will be considered defective or nonconforming. The Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Architect/Engineer, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The commencement date, duration, and other conditions related to the scope of this general warranty are established in Subparagraphs 9.9 (a) and 12.2(b) of these General Conditions. THE GENERAL WARRANTY PROVIDED IN THIS SUBPARAGRAPH IS IN ADDITION TO AND DOES NOT LIMIT OR DISCLAIM ANY OTHER WARRANTY OR REMEDY REQUIRED OR PROVIDED BY LAW OR THE CONTRACT DOCUMENTS AND SUCH WARRANTY SHALL REQUIRE THE CONTRACTOR TO REPLACE DEFECTIVE MATERIALS AND RE-EXECUTE DEFECTIVE WORK THAT IS DISCLOSED BY THE OWNER TO THE CONTRACTOR WITHIN A PERIOD OF TWO (2) YEARS AFTER SUBSTANTIAL COMPLETION OF THE ENTIRE WORK; OR, IF A LATENT DEFECT IS DISCOVERED WITHIN TWO YEARS OF SUBSTATIONAL COMPLETION OF THE ENTIRE WORK. (b) Special Warranties. The Contractor shall assign to the Owner in writing, as a condition precedent to final payment, the terms and conditions of all special warranties required under the Contract Documents. 3.6 TAXES The Owner qualifies for exemption from state and local sales and use taxes, pursuant to the provisions of Section 151.309 of the Texas Tax Code, as amended. Therefore, the Owner shall not be liable for, or pay the Contractor's cost of, such sales and use taxes which would otherwise be payable in connection with the purchase of tangible personal property furnished and incorporated into the real property being improved under the Contract Documents or the purchase of materials, supplies and other tangible personal property, other than machinery or equipment and its accessories and repair and replacement parts, necessary and essential for performance of the Contract which is to be completely consumed at the job site. The Contractor shall issue an exemption certificate in lieu of the tax on such purchases. 3.7 PERMITS, FEES AND NOTICES (a) The Architect/Engineer will apply and arrange for the issuance of the City of Denton Building Permit. The Prime Contractor and Subcontractors will apply and arrange for the issuance of all other required permits, and will not be required to pay a fee for any City of Denton permits required for the Project. The Owner will pay all service extension charges, including tap fees, assessed by the Water Utilities Department. (b) The Prime Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of governmental entities or agencies applying to performance of the Work. (c) Except as provided in Subparagraph (d) below, it is not the Prime responsibility to ascertain that the Contract Documents are in accordance with applicable laws, ordinances, construction codes, and rules and regulations. However, if the Prime Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Contractor observes that portions of the Contract Documents are at variance with applicable laws, ordinances, construction codes, rules or regulations, the Prime Contractor shall promptly notify the Architect/Engineer and the Owner in writing, and necessary changes shall be accomplished by appropriate Amendment. (d) If the Prime Contractor performs Work knowing it to be contrary to laws, ordinances, construction codes, or rules and regulations without notifying the Architect/Engineer and the Owner, the Prime Contractor shall assume full responsibility for the Work and shall bear the attributable costs of the correction of the Work and any other Work in place that may be adversely affected by the corrective work. 3.8 ALLOWANCES (a) The Prime Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by allowances shall be supplied for the amounts identified in the Contract and by persons or entities as the Owner may direct, but the Prime Contractor shall not be required to employ persons or entities against which the Prime Contractor makes reasonable objection. (b) Unless otherwise provided in the Contract Documents: (1) materials and equipment under an allowance shall be selected promptly by the Owner to avoid delay in the Work; (2) the amount of each allowance shall cover the cost to the Prime Contractor of materials and equipment delivered at the site less all exempted taxes and applicable trade discounts; (3) the amount of each allowance includes the Prime Contractor handling at the site, labor, installation costs, overhead, profit, and other expenses contemplated for stated allowance Work; (4) whenever costs are more than or less than allowances, the Contract Sum shall be adjusted accordingly by Change Order. The amount of the Change Order shall reflect: (i) the difference between actual costs and the allowances under Clause (b) (2); and ( (5) the Owner retains the right to review and approve Subcontractors selected by the Prime Contractor to perform work activities covered by allowances. 3.9 SUPERINTENDENT The Prime Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project Site during performance of the Work. The superintendent shall represent the Prime Contractor, and communications given to the superintendent shall be Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D as binding as if given to the Prime Contractor. Important communications shall be confirmed in writing. Other communications shall be similarly confirmed on written request in each case. The Owner reserves the right to request that the Prime Contractor replace its superintendent at any time and the Prime 3.10 PRIME (a) The Prime Contractor shall, immediately after award of the Contract and before submittal of the first Application for Payment, prepare and submit the construction schedule for the Architect/Engineer's and Owner's information, review, and approval in accordance with the following provisions: (1) Unless otherwise approved in writing by the Owner, the construction schedule shall not exceed the Contract Time limits currently in effect under the Contract Documents and shall provide for expeditious and practicable execution of the Work. (2) The construction schedule shall include all shop drawing and submittal data requirements, indicating for each: (i) the latest date to be submitted by the Prime Contractor; and (ii) the latest date for approval by the Architect/Engineer. (3) The construction schedule shall be in the form of a critical path management schedule, activities of requires completion prior to commencement of the task next following (the (i) actual work time, exclusive of slack time, for accomplishment; (ii) the latest start date; (iii) the latest finish date; (iv) the amount of float associated with each task; (v) the amount of labor, material, and equipment associated with each task; and (vi) the percentage of completion as of the date of the current schedule. (4) The construction schedule shall be revised and updated monthly to reflect the actual status of the Work and shall be submitted with each Application for Payment. (5) On or before the first day of each month, following the date of commencement of the Work as stated in the notice to proceed, the Prime Contractor shall prepare and submit to the Architect/Engineer and the Owner an up-to-date status report of the progress of the various construction phases of the Work in the form of an updated construction schedule. This status report shall consist of a time scale drawing indicating actual Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D progress of the various phases of the Work and the percentage of completion of the entire Work. The original construction schedule shall be updated or changed to indicate any adjustments to the Contract Time granted by the Owner. The updated schedule must be submitted with the Prime such application will be certified without a satisfactory update to the construction schedule. (6) The construction schedule will also be revised to show the effect of change orders and other events on Contract Time. No request for an increase in Contract Time will be considered unless it is accompanied by a schedule revision demonstrating the amount that the Prime Contractor has fallen behind the pace required to complete the Work within the Contract Time, through no fault of the Owner, the Prime Contractor shall prepare a recovery schedule demonstrating how it intends to bring its progress back within the Contract Time. This recovery schedule shall be in a form acceptable to the Owner. (7) Costs incurred by the Prime Contractor in preparing and maintaining the required construction schedule, any updated schedule, and any recovery schedule required by the Owner will not be paid as an additional or extra cost and shall be included in the Contract Sum. (8) The Contract Sum is deemed to be based upon a construction schedule requiring the full Contract Time. NO CLAIM FOR ADDITIONAL COMPENSATION SHALL BE ALLOWED AS A RESULT OF THE PRIME CONTRACTOR BASING HIS BID ON AN EARLY COMPLETION SCHEDULE, OR AS A RESULT OF DELAYS AND COSTS ATTRIBUTABLE TO COMPLETION LATER THAN THE PLANNED EARLY COMPLETION DATE. (b) The Prime Contractor shall also prepare and keep current, for the the Prime reasonable time to review submittals. (c) The Prime Contractor shall conform to the most recent schedules approved as to form by the Architect/Engineer and the Owner. Any subsequent revisions made by the Prime Contractor to schedules in effect shall conform to the provisions of Subparagraph 3.10(a) (d) If the Work falls behind the approved construction schedule, the Prime Contractor shall take such steps as may be necessary to improve his progress, and the Architect/Engineer and the Owner may require him to increase the number of shifts, overtime operations, days of work, or the amount of construction plant, and to submit for approval revised schedules in the form required above in order to demonstrate the manner in which the agreed rate of progress will be regained, all without additional cost to the Owner. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 3.11 DOCUMENTS AND SAMPLES AT THE PROJECT SITE The Contractor shall maintain at the Project site for the Owner one record copy of the Drawings, Specifications, addenda, and Amendments in good order and marked currently to record changes and selections made during construction, and in addition shall maintain at the Project site approved Shop Drawings, Product Data, Samples, and similar required submittals. These shall be available to the Architect/Engineer and shall be delivered to the Architect/Engineer for submittal to the Owner upon completion of the Work. 3.12 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES (a) Shop Drawings are drawings, diagrams, schedules, and other data specially prepared for the Work by the Contractor or a Subcontractor, Sub-subcontractor, materialmen, manufacturer(s), supplier(s), or distributor(s) to illustrate some portion of the Work. (b) Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor to illustrate materials or equipment for some portion of the Work. (c) Samples are physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged. (d) Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents. The purpose of their submittal is to demonstrate for those portions of the Work for which submittals are required the way the Contractor proposes to conform to the information given and the design concept expressed in the Contract Documents. Review by the Architect/Engineer is subject to the limitations of Paragraph 4.2. (e) The Prime Contractor shall review, approve and submit to the Architect/Engineer Shop Drawings, Product Data, Samples, and similar submittals required by the Contract Documents with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of the Owner, or of separate contractors. Submittals made by the Prime Contractor which are not required by the Contract Documents may be returned without action. (f) The Prime Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings, Product Data, Samples, or similar submittals until the respective submittal has been approved by the Architect/Engineer. Work requiring this submittal and review shall be in accordance with approved submittals and any identified exceptions noted by the Architect/Engineer. (g) By approving and submitting Shop Drawings, Product Data, Samples and similar submittals, the Prime Contractor represents that the Prime Contractor has determined and verified materials, field measurements, and related field construction criteria, or will do so, and has checked and coordinated the information contained within submittals with the requirements of the Work and of the Contract Documents. The Prime Contractor's attention is directed to Paragraph 3.2 of these General Conditions and the requirements stated in that Paragraph. (h) The Prime Contractor shall not be relieved of responsibility for deviations, substitutions, changes, additions, deletions or omissions from requirements of the Contract Documents by the Architect/Engineer's approval of Shop Drawings, Product Data, Samples, or similar submittals unless the Prime Contractor has specifically informed the Architect/Engineer in Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D writing of such substitutions, changes, additions, deletions, omissions, or deviations involved in the submittal at the time of submittal and the Architect/Engineer, subject to a formal Change Order signed by the Owner, Architect/Engineer and Prime Contractor, has given written approval to the specific substitutions, changes, additions, deletions, omissions, or deviations. The Prime Contractor shall not be relieved of responsibility for errors or omissions in Shop Drawings, Product Data, Samples, or similar submittals by the Architect/Engineer's approval thereof. Further, notwithstanding any approval of a submittal by the Architect/Engineer, the Prime Contractor shall be responsible for all or indirect, resulting from any and all substitutions, changes, additions, deletions, omissions, or deviations, whether or not specifically identified by the Prime Contractor to the Architect/Engineer at the time of the above-mentioned submittals, including additional consulting fees, if any, in any and all accommodations associated with such substitutions, changes, additions, deletions, omissions, or deviations to the requirements of the Contract Documents. (i) The Prime Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data, Samples, or similar submittals, to additional revisions other than those requested by the Architect/Engineer on previous submittals. In the absence of such additional revisions not requested. (j) Informational submittals upon which the Architect/Engineer is not expected to take responsive action may be so identified in the Contract Documents. (k) When professional certification of performance criteria of materials, systems, or equipment is required by the Contract Documents, the Architect/Engineer shall be entitled to rely upon the accuracy and completeness of such calculations and certifications. 3.13 USE OF THE PROJECT SITE The Prime Contractor shall confine operations at the Project site to areas permitted by law, ordinances, permits, and the Contract Documents and shall not unreasonably encumber the Project site with materials or equipment. 3.14 CUTTING AND PATCHING (a) The Prime Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. (b) The Prime Contractor shall not damage or endanger a portion of the Work or any fully or partially completed construction of the Owner or separate contractors by cutting, patching, or otherwise altering the construction, or by excavating. The Prime Contractor shall not cut or otherwise alter the construction by the Owner or a separate contractor except with the written consent of the Owner and of the separate contractor; consent shall not be unreasonably withheld. The Prime Contractor shall not unreasonably withhold from the Owner or a separate contractor the Prime otherwise altering the Work. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (c) A Hot Work Permit Department, 869 S. Woodrow Lane, Denton, Texas (940 349-7200) for any temporary operation involving open flames or producing heat and/or sparks. This includes, but is not limited to: Brazing, Cutting, Grinding, Soldering, Torch Applied Roofing and Welding. 3.15 CLEANING UP (a) The Prime Contractor shall keep the Project site and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. Upon the completion of the Work the Prime Contractor shall remove from and about the Project site all waste materials, and rubbish, and all of the Prime construction equipment, machinery, and surplus materials. (b) If the Prime Contractor fails to clean up as provided in the Contract Documents, the Owner may, clean up the Project site, up shall be charged to the Contractor. 3.16 ACCESS TO WORK The Prime Contractor shall provide the Owner and the Architect/Engineer access to the Work in preparation and progress wherever located during the course of construction. 3.17 TESTS AND INSPECTIONS (a) Tests, inspections, and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations, or orders of governmental entities or agencies having jurisdiction over the Work shall be made at appropriate times. Unless otherwise provided, the Prime Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to the Owner or with the appropriate governmental entity or agency, and the Prime Contractor shall bear all related costs of tests, inspections, and approvals. The Prime Contractor shall give the Architect/Engineer timely notice of when and where tests and inspections are to be made so the Architect/Engineer may observe such procedures. The Owner shall bear costs of tests, inspections, or approvals which become requirements after bids or proposals are received. (b) If the Architect/Engineer, the Owner or other public authorities having jurisdiction over the Work determine that portions of the Work require additional testing, inspection or approval not included under Subparagraph 3.17(a), the Architect/Engineer will, upon written authorization from the Owner, instruct the Prime Contractor to make arrangements for such additional testing, inspection or approval by an entity acceptable to the Owner, and the Prime Contractor shall give timely notice to the Architect/Engineer of when and where tests and inspections are to be made so that the Architect/Engineer may observe such procedures. The Owner shall bear such costs except as provided in Subparagraph 3.17(c). Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (c) If procedures for testing, inspection, or approval under Subparagraphs 3.17(a) and 3.17(b) reveal deficiencies or nonconformities in the Work, the Prime Contractor shall bear all costs made necessary to correct the deficiencies or nonconformities, including those of repeated procedures and compensation for the Architect/E if any. The Prime Contractor shall bear the costs of any subsequent testing, inspection, or approval of the corrected Work. (d) Required certificates of testing, inspection or approval shall, unless otherwise required by the Contract Documents, be secured by the Prime Contractor and promptly delivered to the Architect/Engineer. (e) If the Architect/Engineer is to observe tests, inspections or approvals required by the Contract Documents, the Architect/Engineer will do so promptly and, where practicable, at the normal place of testing or inspection. (f) Tests or inspections conducted pursuant to the Contract Documents shall be made promptly to avoid unreasonable delay in the Work. 3.18 ROYALTIES AND PATENTS The Contractor shall pay all royalties and license fees. CONTRACTOR SHALL COMPLETELY DEFEND, INDEMNIFY AND HOLD OWNER AND ARCHITECT/ENGINEER HARMLESS FROM ANY AND ALL LIABILITIES, SUITS OR CLAIMS FOR INFRINGEMENT OF PATENT RIGHTS, REGARDLESS OF WHETHER OR NOT THE OWNER OR THE ARCHITECT/ENGINEER SPECIFIED A PARTICULAR DESIGN, PROCESS OR PRODUCT IN THE CONTRACT DOCUMENTS THAT MAY BE THE SUBJECT OF A PATENT INFRINGEMENT OR OTHERWISE ACTIVELY INDUCED OR CONTRIBUTED TO THE PATENT INFRINGEMENT. In the event the Prime Contractor has reason to believe that a particular design, process or product specified infringes a patent, the Prime Contractor shall immediately notify the Owner and the Architect/Engineer of same. 3.19 INDEMNIFICATION (a) THE PRIME CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE OWNER, ITS OFFICERS, AGENTS AND EMPLOYEES, AND THE ARCHITECT/ENGINEER, HARMLESS AGAINST ANY AND ALL CLAIMS, LIABILITIES, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS AND EXPENSES FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM OR VIOLATIONS FOR WHICH RECOVERY OF DAMAGES, FINES, OR PENALTIES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS, THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, VIOLATIONS OF LAW, OR BY ANY NEGLIGENT, GROSSLY NEGLIGENT, INTENTIONAL, OR STRICTLY LIABLE ACT OR OMISSION OF THE PRIME CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, OR SUB-SUBCONTRACTORS AND THEIR RESPECTIVE OFFICERS, AGENTS, OR Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D REPRESENTATIVES, OR ANY OTHER PERSONS OR ENTITIES FOR WHICH THE PRIME CONTRACTOR IS LEGALLY RESPONSIBLE IN THE PERFORMANCE OF THIS CONTRACT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, OR OF THE ARCHITECT/ENGINEER, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF THE CONTRACTOR, THE OWNER, AND THE ARCHITECT/ENGINEER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO THE OWNER UNDER TEXAS LAW, AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER THIRD PERSON OR ENTITY. (b) In claims against any person or entity indemnified under this Paragraph 3.19 by an employee of the Prime Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Paragraph 3.19 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Prime Contractor or any Subcontractor, under workers compensation acts, disability benefit acts or other employee benefit acts. (c) Indemnification under this Paragraph 3.19 shall include, but is not limited to, liability which could result to or be created for the Owner, its officers, agents, or employees, or the Architect/Engineer pursuant to State or Federal laws or regulations relating to pollution of the environment and State or Federal laws or regulations relating to the occupational safety and health of workers. The Prime Contractor specifically agrees to comply with the above- mentioned laws and regulations in the performance of the Work by the Prime Contractor and that the obligations of the Owner, its officers, agents, and employees, and the Architect/Engineer under the above-mentioned laws and regulations are secondary to those of the Prime Contractor. ARTICLE 4 - CONTRACT ADMINISTRATION 4.1 THE DESIGN PROFESSIONAL (ARCHITECT/ENGINEER) (a) The design professional is the person lawfully licensed to practice architecture or engineering or a firm or other business entity lawfully practicing architecture/engineering identified as such in the formal Building Construction Services Agreement and is referred to throughout the Contract Documents as if singular in number. The term representative. The Owner may, at its option, designate a qualified Owner representative to serve as the Architect/Engineer on the Project instead of an outside firm or person. In such event, the references in these General Conditions that refer to the Architect/Engineer shall apply to the Owner-designated Architect/Engineer representative and the Owner- Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D designated Architect/Engineer representative shall be accorded that same status by the Prime Contractor. (b) In the event the Architect/Engineer is an outside person or firm and the Architect/Engineer's employment is terminated, the Owner may, at its option, contract with a new outside Architect/Engineer to replace the former, or may designate a qualified Owner representative to serve as the Architect/Engineer. The replacement Architect/Engineer, whether an Owner representative, an independent Architect/Engineer or any other qualified person or entity, shall be regarded as the Architect/Engineer for all purposes under the Contract Documents and shall be accorded that same status by the Prime Contractor. Any dispute in connection with such appointment shall be reviewed and settled by the Owner, whose decision shall be final and binding. (c) Owner reserves the right to appoint a representative empowered to act for the Owner during onstruction Phase delegation of powers to the Architect/Engineer, with the Owner notifying the Prime Contractor of any such changes. The Architect/Engineer shall not be construed as a third party beneficiary to the Contract and can in no way object to any expansion or reduction of powers as set forth in this Subparagraph (c). In no event, however, shall the Owner have control over charge of, or be responsible for, construction means, methods, techniques, sequences, or procedures, or for safety precautions or programs in connection with the responsible for the Prime arry out the Work in accordance with the Contract Documents. The Owner will not have control over or charge of and will not be responsible for acts or omissions of Prime Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. (a) The Architect/Engineer will administer the Contract as described in the Contract Documents and in accordance with the terms of the Architect/Engineer's agreement with the Owner, where applicable, subject to the direction and approval of the Owner. If requested by the Prime Contractor, the provisions of the Owner/Architect/Engineer Agreement will be made available to the Prime Contractor. (b) The Architect/Engineer shall provide, during performance of the Work, adequate and competent periodic on-site construction observation, periodically visiting the Project site to the extent necessary to personally familiarize themselves with the progress and quality of the Work, and to determine if the Work is proceeding in accordance with the Contract Documents. The Architect/Engineer shall not, however, be required to make continuous on-site inspections to check the Work. Field reports of each visit shall be prepared by the Architect/Engineer and submitted to the Owner. The Architect/Engineer shall employ all reasonable measures to safeguard the Owner against defects and nonconformities in the Work. The Architect/Engineer shall not be responsible for the construction means, methods, techniques, sequences of procedures, nor for the safety precautions and programs employed in connection with the Work. The Architect/Engineer will, however, Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D immediately inform the Owner whenever defects or nonconformities in the Work are observed, or when any observed actions or omissions are undertaken by the Prime Contractor or any Subcontractor which are not in the best interests of the Owner or the Project. (c) The Architect/Engineer and the Owner will not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Prime and the Owner will not be responsible for the Prime t the Work in accordance with the Contract Documents. The Architect/Engineer and the Owner will not have control over or charge of and will not be responsible for acts or omissions of the Prime Contractor, Subcontractors, Sub-subcontractors, or their respective agents or employees, or of any other persons performing portions of the Work for which the Prime Contractor is responsible. (d) Except as otherwise provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Prime Contractor shall endeavor to communicate through the Architect/Engineer. Communications by and with the by and with Subcontractors and material suppliers shall be through the Prime Contractor. Communications by and with separate contractors will be through the Owner. The Prime Contractor shall provide written confirmation of communications made directly with the Owner and provide copies of such confirmation to the Architect/Engineer. (e) Prime Applications for Payment, the Architect/Engineer will review and certify the amounts due the Prime Contractor and will issue Certificates for Payment in such amounts. (f) The Architect/Engineer and the Owner will each have authority to reject Work which does not conform to the Contract Documents. Whenever the Architect/Engineer considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect/Engineer will have authority to require additional inspection or testing of the Work in accordance with Subparagraphs 3.17(b) and 3.17(c), whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect/Engineer nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to any duty or responsibility of the Architect/Engineer to the Prime Contractor, Subcontractors, material and equipment suppliers, their agents or employees, or other persons performing portions of the Work. (g) The Architect/Engineer will review and approve or take other appropriate action upon the Prime Data, and Samples, but only for the limited purpose of checking for conformance with information given and the be taken with such reasonable promptness as to not delay the Work or the activities of the Owner, Contractor, or separate contractors. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Prime Contractor as Prime ieve the Prime Contractor of any obligations under approval of safety precautions or, unless otherwise specifically stated in writing by the Architect/Engineer, of any construction means, methods, techniques, sequences, or approval of an assembly of which the item is a component. (h) The Architect/Engineer will prepare Change Orders and may authorize minor changes in the Work as provided in Paragraph 7.3. (i) The Architect/Engineer will conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, will receive and forward to the s review and records written warranties and related documents required by the Contract and assembled by the Prime Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of the Contract Documents. (j) If the Owner and Architect/Engineer agree, the Architect/Engineer will provide one or responsibilities at the site. The duties, responsibilities, and limitations of authority of such Project representatives shall be as set forth in an exhibit to be incorporated into the Contract Documents. (k) The Architect/Engineer will interpret and make recommendations to the Owner concerning performance under and requirements of the Contract Documents upon written request of made with reasonable promptness and within any time limits agreed upon. The uing instructions, interpretations, or judgments to the Prime Contractor which change the scope of the Work or which modify or change the terms and conditions of any of the Contract Documents. (l) Interpretations and decisions of the Architect/Engineer will be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of Drawings. When making such interpretations and decisions, the Architect/Engineer will endeavor to secure faithful performance by the Prime Contractor. (m) consistent with the intent expressed in the Contract Documents; provided that the Architect/Engineer has the prior written approval of the Owner. 4.3 CLAIMS AND DISPUTES (a) Definition; General Notice of Claim Procedure. As used in these General Conditions, a Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D adjustment of the terms of the Contract Documents, of the Contract Sum, of the Contract Time, or some other relief in respect to the terms of the Contract Documents. The term also includes all other disputes between the Owner and the Contractor arising out of or relating to the Project or the Contract Documents, including but not limited to claims that work was outside the scope of the Contract Documents. The responsibility to substantiate the Claim and the burden of demonstrating compliance with this provision shall rest with the party making the Claim. Except where otherwise provided in the Contract Documents, a Claim by the Prime Contractor, whether for additional compensation, additional time, or other relief, including but not limited to claims arising from concealed conditions, WITHOUT EXCEPTION, MUST BE MADE BY WRITTEN NOTICE TO THE ARCHITECT/ENGINEER AND TO THE OWNER WITHIN FOURTEEN (14) DAYS IMMEDIATELY AFTER OCCURRENCE OF THE EVENT OR EVENTS GIVING RISE TO THE PARTICULAR CLAIM. Every Claim of the Prime Contractor, whether for additional compensation, additional time, or other relief, including but not limited to claims arising from concealed conditions, shall be signed and sworn to by an authorized corporate officer (if not a corporation, then an official of the company authorized to bind the Prime Contractor by his signature) of the Prime Contractor, verifying the truth and accuracy of the Claim. THE PRIME CONTRACTOR SHALL BE CONCLUSIVELY DEEMED TO HAVE WAIVED ANY CLAIM NOT MADE STRICTLY IN ACCORDANCE WITH THE PROCEDURES AND TIME LIMITS SET OUT IN THIS PARAGRAPH. (b) Referral to the Architect/Engineer. Claims, disputes, and other matters in question between the Prime Contractor and the Owner relating to the progress or execution of the Work or the interpretation of the Contract Documents shall be referred to the Architect/Engineer for recommendation to the Owner, which recommendation the Architect/Engineer will furnish in writing within a reasonable time, provided proper and adequate substantiation has been received. Failure of the Prime Contractor to submit the Claim to the Architect/Engineer for rendering of a recommendation to the Owner shall constitute a waiver of the Claim. (c) Continuing Contract Performance. Pending final resolution of a claim the Prime Contractor shall proceed diligently with performance of the Work and the Owner shall continue to make payments in accordance with the Contract Documents. (d) Claims for Concealed or Unknown Conditions. No adjustment in the Contract Sum or Time associated with concealed or unknown conditions will normally be considered or allowed; provided, however, that the Contract Sum or Time may be adjusted by the Owner in such circumstances only if: (1) a concealed subsurface condition is encountered in the course of performance of the Work; (2) a concealed or unknown condition in an existing structure is at variance with conditions indicated by the Contract Documents; or (3) an unknown physical condition is encountered below the surface of the ground or in an existing structure which is of an unusual nature and materially different from those ordinarily encountered and generally recognized as inherent in the character of the Work; and Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (4) a notice of claim with proper and adequate substantiation is presented pursuant to Subparagraph 4.3(a) of these General Conditions; and (5) the Owner and the Architect/Engineer determine that: (i) prior to submitting its bid for the Work, the Contractor used reasonable diligence to fully inspect the portion of the Project site where the condition was discovered; and (ii) the work caused or required by the concealed or unknown condition at issue can be considered extra work to the extent that additional new Drawings must be prepared and issued and new construction beyond the scope of the Contract Documents is required. (e) Disclaimer of Warranties as to Reports, Drawings, and Specifications. PROJECT SITE INFORMATION AND REPORTS (INCLUDING BUT NOT LIMITED TO SOILS TESTING REPORTS, GEOTECHNICAL REPORTS, OR ENVIRONMENTAL SITE ASSESSMENTS) PROVIDED BY THE OWNER AND THE ARCHITECT/ENGINEER IN THE PROJECT MANUAL OR BY OTHER MEANS SHALL BE UTILIZED BY THE PRIME CONTRACTOR AT THE PRIME OWNER AND THE ARCHITECT/ENGINEER DO NOT GUARANTEE OR WARRANT ANY INFORMATION SHOWN IN THE PROJECT SITE INFORMATION AND REPORTS. (f) Claims for Additional Cost. If the Prime Contractor wishes to make a claim for an increase in the Contract Sum, written notice as provided in this Paragraph 4.3 shall be given before proceeding to execute the Work. Prior notice is not required for claims relating to an emergency endangering life or property arising under Paragraph 10.3. In addition, the Prime Contractor's request for an increase in the Contract Sum for any reason (other than work performed under emergency conditions) shall be made far enough in advance of required work to allow the Owner and the Architect/Engineer a sufficient amount of time, without adversely affecting the construction schedule, to review the request, prepare and distribute such additional documents as may be necessary to obtain suitable estimates or proposals and to negotiate, execute and distribute a Change Order for the required work if the Prime Contractor believes that additional cost is involved for reasons including but not limited to: (1) a written interpretation from the Architect/Engineer; (2) a written order for a minor change in the Work issued by the Architect/Engineer; (3) failure of payment by the Owner; (4) termination of the Contract by the Owner; (5) Prime Contractor was not at fault; or (6) other reasonable grounds. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (g) Injury or Damage to Person or Property. If the Prime Contractor suffers injury or damages to person or property because of an act or omission of the Owner, or of any of the Owner's officers, employees or agents, written, sworn-to notice of any claim for damages or injury shall be given as provided in Subparagraph 4.3(a). The notice shall provide sufficient detail to enable the Architect/Engineer and the Owner to investigate the matter. (h) Subcontractor Pass-Through Claims. In the event that any Subcontractor of the Prime Contractor asserts a claim to the Prime Contractor, that the Prime Contractor seeks to pass through to the Owner under the Contract Documents, any entitlement of the Prime Contractor to submit and assert the claim against the Owner shall be subject to: (1) the requirements of Paragraph 4.3 of these General Conditions; and (2) the following additional three requirements listed below, all three of which additional requirements shall be conditions precedent to the entitlement of the Prime Contractor to seek and assert such claim against the Owner: (ii) The Prime Contractor shall either (A) have direct legal liability as a matter of contract, common law, or statutory law to the Subcontractor for the claim that the Subcontractor is asserting or (B) the Prime Contractor shall have entered into a written liquidating agreement with the Subcontractor, under which agreement the Prime Contractor has agreed to be legally responsible to the Subcontractor for pursuing the assertion of such claim against the Owner under the Contract and for paying to the Subcontractor any amount that may be recovered, less Prime Contra markup (subject to the limits in the Contract Documents for any markup). The liability or responsibilities shall be identified in writing by the Prime Contractor to the Owner at the time such claim is submitted to Owner, and a copy of any liquidating agreement shall be included by the Prime Contractor in the claim submittal materials. (ii) The Prime Contractor shall have reviewed the claim of the Subcontractor prior to its submittal to Owner and shall have independently evaluated such claim in good faith to determine the extent to which the claim is believed in good faith to be valid. The Prime Contractor shall also certify, in writing and under oath to the Owner, at the time of the submittal of such claim, that the Prime Contractor has made a review, evaluation, and determination that the claim is made in good faith and is believed by the Contractor to be valid. (iii) The Subcontractor making the claim to the Prime Contractor shall certify in writing and under oath that it has compiled, reviewed and evaluated the merits of such claim and that the claim is believed in good faith by the Subcontractor to be valid. A copy of the certification by the Subcontractor shall be included by Prime Contractor in the claim submittal materials made by Contractor to the Owner.. (3) Any failure of the Prime Contractor to comply with any of the foregoing requirements and conditions precedent with regard to any such claim shall constitute a waiver of any entitlement to submit or pursue such claim against Owner. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (4) Receipt and review of a claim by the Owner under this Subparagraph shall not be construed as a waiver of any defenses to the claim available to the Owner under the Contract Documents or by applicable law. Deny Claimed and Appropriate Time Extensions, in Whole or in Part. The Prime Contractor acknowledges and agrees that Substantial Completion of the Work by or before the Scheduled Completion Date is of substantial importance to Owner. The following provisions, therefore, will apply: (1) If the Prime Contractor falls behind the approved construction schedule for order the Prime Contractor to develop a recovery schedule as described in Paragraph 3.10 or to accelerate its progress in such a manner as to achieve Substantial Completion on or before the Contract Time completion date or such other date as the Owner may reasonably direct and, upon receipt, the Prime Contractor shall take all action necessary to comply with the order. In such event, any possible right, if any, of the Prime Contractor to additional compensation for any acceleration shall be subject to the terms of this Subparagraph (i). (2) In the event that the Prime Contractor is otherwise entitled to an extension of Contract Time and has properly initiated a Claim for a time extension in accordance sole discretion, to deny all, or any part, of the Claim for extension of Contract Time by giving written notice to the Prime Contractor provided within fourteen (14) days after receipt of the Prime Contractor's Claim. If the Owner denies the Prime Contractor's claim for an extension of Contract Time under this Clause (i)(2), either in whole or in part, the Prime Contractor shall proceed to prosecute the Work in such a manner as to achieve Substantial Completion on or before the then existing Scheduled Completion Date. (3) If the Prime Contractor would have been entitled to a time extension for a reason specifically allowed under the Contract Documents, for an amount of time that would have justified approval by the Owner if not for the need and right to accelerate, the Prime Contractor may initiate a Claim for acceleration costs pursuant to Subparagraph 4.3(a). Any resulting Claim for acceleration costs properly initiated by the Prime Contractor under Subparagraph 4.3(a) above shall be limited to those reasonable and documented direct costs of labor, materials, equipment, and supervision solely and directly attributable to the actual acceleration activity necessary to bring the Work back within the then existing approved construction schedule. These direct costs include the premium portion of overtime pay, additional crew, shift, or equipment costs if requested in advance by the Contractor and approved in writing by the Owner. A percentage markup for the prorated cost of premium on the existing performance and payment bonds and required insurance; provided however, not to exceed five (5%) per cent, will be allowed on the claimed acceleration costs. NO OTHER MARKUP FOR PROFIT, OVERHEAD (INCLUDING BUT NOT LIMITED TO HOME OFFICE OVERHEAD) OR ANY OTHER COSTS WILL BE ALLOWED ON ANY Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D ACCELERATION CLAIM. The Owner shall not be liable for any costs related to an acceleration claim other than those described in this Clause (i)(3). (i) Waiver of Claims; Final Payment. The making of final payment shall constitute a waiver of claims by the Owner except those arising from: (1) claims, security interests, purported liens, or other attempted encumbrances arising out of the Contract and remaining unsettled; (2) defective or nonconforming Work appearing after Substantial Completion; (3) latent defects, as defined in Subparagraph 12.2(d), appearing after Final Completion; or (4) the terms of general and special warranties required by the Contract Documents or allowed or implied by law. FEES AS A PART OF ANY CLAIM MADE UNDER THE CONTRACT DOCUMENTS OR IN ANY SUBSEQUENT LAWSUIT OR ALTERNATIVE DISPUTE RESOLUTION PROCEEDING. (l) No Waiver of Governmental Immunity. NOTHING IN THE CONTRACT DOCUMENTS IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY APPLICABLE STATE LAW. ARTICLE 5 - SUBCONTRACTORS 5.1 DEFINITIONS OF SUBCONTRACTOR (a) A Subcontractor is person or entity who has a direct Contract with the Prime Contractor to perform a portion of the Work at the Project site or to supply materials or equipment to the Prime Contractor by purchase or lease for use in performance of or incorporation into the singular in number and means a Subcontractor or an authorized representative of the ot include a separate contractor or subcontractors of a separate contractor. (b) A Sub-subcontractor is a person or entity who has a direct or indirect Contract with a Subcontractor to perform a portion of the Work at the Project site or to supply materials or equipment to the Subcontractor or another Sub-subcontractor by purchase or lease for use - to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK (a) Immediately after the award of the Contract by the Owner, and before the Building Construction Services Agreement is signed by the Prime Contractor and the Owner, the Prime Contractor shall furnish to the Architect/Engineer in writing, for acceptance by the Owner and the Architect/Engineer, a list of the names, addresses, telephone numbers, M/WBE certification numbers (where applicable), and type of work of the Subcontractors (including those who are to furnish materials or equipment fabricated to a special design), proposed for the principal portions of the Work, including furnishings when made a part of the Contract. The Prime Contractor shall immediately notify the Owner in writing of any changes in the list as they occur. The Architect/Engineer will promptly reply to the Contractor in writing stating whether or not the Owner or the Architect/Engineer, after due investigation, has reasonable objection to any such proposed person or entity. Failure of the Owner or Architect/Engineer to reply promptly shall constitute notice of no reasonable objection. (b) The Prime Contractor shall not Contract with a proposed person or entity to whom the Owner or Architect/Engineer has made reasonable and timely objection. (c) Architect/Engineer's and Owner's approval of or objection to any Subcontractor or of a particular process or material will not relieve the Prime Contractor of his responsibility for performance of Work as called for under the Contract Documents, and shall not provide a basis for any claim for additional time or money on the part of the Prime Contractor. Approval shall not be construed to create any contractual relationship between the Subcontractor and either the Owner or Architect/Engineer. In no event shall the Contract Sum be increased as a result of the rejection of any Subcontractor. (d) The Prime Contractor shall not change a Subcontractor previously selected if the Owner or Architect/Engineer makes reasonable objection to such change. 5.3 SUBCONTRACTUAL RELATIONS (a) By appropriate agreement, written where legally required for validity, the Prime Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Prime Contractor by the terms of the Contract Documents (including but not limited to these General Conditions), and to assume toward the Prime Contractor all the obligations and responsibilities which the Prime Contractor, by the Contract Documents, assumes toward the Owner and the Architect/Engineer. Each subcontract agreement shall preserve and protect the rights of the Owner and the Architect/Engineer under the Contract Documents (including but not limited to these General Conditions) with respect to the Work to be performed by the Subcontractor so that subcontracting will not prejudice the rights of the Owner and the Architect/Engineer. Where appropriate, the Prime Contractor shall require each Subcontractor to enter into similar agreements with Sub-subcontractors. The Prime Contractor shall make available to each proposed Subcontractor, prior to the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor is to be bound. Subcontractors shall Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D similarly make copies of applicable portions of such Documents available to their respective proposed Sub-subcontractors. (b) The Prime Contractor is solely responsible for making payments properly to the Prime Prime Contractor shall comply with the following additional rules regarding Subcontractor payments: (1) The Prime Contractor shall submit, beginning with the Second Application and Certificate for Payment, a Subcontractor Payment Report (the "Report") with each Application and Certificate for Payment. The Report shall show all payments made to date by the Prime Contractor (plus existing retainage) to each Subcontractor involved in the Project. The Report shall be made on a form approved and supplied by the Owner. As an alternative to the Report, the Prime Contractor may furnish Affidavits of Payment Received with the Application and Certificate for Payment, which affidavits shall be executed by each Subcontractor owed money and paid by Subcontractor during the previous progress payment period for work or materials furnished on the Project. RECEIPT BY THE OWNER OF THE REPORT OR AFFIDAVITS OF PAYMENT RECEIVED SHALL BE A CONDITION PRECEDENT TO PAYMENT ON ANY APPLICATION FOR PAYMENT . (2) If, for any reason, the Prime Contractor is withholding payment to a Subcontractor due to a dispute or other problem with performance, the Prime Contractor shall note the amount withheld and further note that the payment is in dispute. The Owner may, in its sole discretion, require the Prime Contractor to document and verify the dispute or other problem in question. (3) The Owner reserves the right in its sole discretion, to withhold payment to the Prime Contractor pursuant to Paragraph 9.5(a) of the General Conditions, should it appear from the Report, statements of payment received or other information furnished to the Owner that: (i) the Report has not been properly completed; (ii) the Prime Contractor has knowingly provided false information regarding payment of any Subcontractor; or (iii) the Prime Contractor has otherwise failed to make payments properly to any Subcontractor. (4) THE PRIME CONTRACTOR SHALL NOT HAVE ANY RIGHT TO MAKE A CLAIM FOR ADDITIONAL TIME OR ADDITIONAL COMPENSATION AS A RESULT OF THE OWNER'S OR ARCHITECT/ENGINEER'S ENFORCEMENT OF THIS SUBPARAGRAPH 5.3(b). NO PROVISION OF THIS SUBPARAGRAPH OR ANY OF THE CONTRACT DOCUMENTS SHALL BE CONSTRUED TO CREATE A CONTRACTUAL RELATIONSHIP, EXPRESS OR IMPLIED, BETWEEN ANY SUBCONTRACTOR AND EITHER THE OWNER OR THE Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D ARCHITECT/ENGINEER AND SHALL NOT BE CONSTRUED TO MAKE ANY SUBCONTRACTOR OR ANY OTHER PERSON OR ENTITY, A THIRD-PARTY BENEFICIARY OF THE CONTRACT BETWEEN THE OWNER AND THE PRIME CONTRACTOR. 5.4 CONTINGENT ASSIGNMENT OF SUBCONTRACTS In the event of a termination of this Contract by the Owner under Article 14, the Prime Contractor shall, if requested in writing by the Owner, within fifteen (15) days after the date notice of termination is sent, deliver and assign to Owner, or any person or entity acting on the Owner's behalf, any or all subcontracts made by Prime Contractor in the performance of the Work, and deliver to the Owner true and correct originals and copies of the subcontract documents. In the event assignment is not requested by the Owner, Prime Contractor shall terminate all subcontracts to the extent that Owner has not directed assignment of same and to the extent that they relate to the performance of Work terminated by the notice of termination. ARTICLE 6 - CONSTRUCTION BY THE OWNER/ SEPARATE CONTRACTORS CONTRACTS (a) The Owner reserves the right to perform construction or operations related to the Project contracts in connection with other portions of the Project or other construction or operations on the Project site under Conditions of the Contract identical or substantially similar to these General Conditions, including those portions related to insurance and waiver of subrogation. If the Prime Contractor claims that delay or additional cost is involved because of such action by the Owner, the Prime Contractor shall make a claim as provided elsewhere in, and in accordance with the Contract Documents. (b) When separate Contracts are awarded for different portions of the Project or other Documents in each case shall mean the Contractor who executes each separate Building Construction Services Agreement with the Owner. (c) of each separate contractor with the Work of the Prime Contractor, who shall cooperate with them. The Prime Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules when directed to do so. The Prime Contractor shall, with the approval of the Owner, make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement. The construction schedules shall then constitute the schedules to be used by the Prime Contractor, separate contractors, and the Owner until subsequently revised by mutual agreement or by written Change Order. If the Prime Contractor believes it is entitled to an adjustment of the Contract Sum under the circumstances, the Prime Contractor shall submit a written proposal for a Change Order pursuant to Article 7 of the General Conditions. In the event Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D the Prime roposal is denied by the Owner, the Prime Contractor must submit any Claim pursuant to Paragraph 4.3 of the General Conditions. (d) Unless otherwise provided in the Contract Documents, when the Owner performs construction or operations related to the Project shall be deemed to be subject to the same obligations and to have the same rights which apply to the Prime Contractor under these General Conditions, including, without excluding others, those stated in Article 3, this Article 6, and Articles 10, 11 and 12. 6.2 MUTUAL RESPONSIBILITY (a) The Prime opportunity for access to and storage of their materials and equipment and the performance of their activities and shall coordinate the Prime with the separate contractors as required by the Contract Documents. (b) If part of the Prime construction or operations by the Owner or a separate contractor, the Prime Contractor shall, prior to proceeding with that portion of the Work, promptly report to the Architect/Engineer apparent discrepancies or defects in the other construction that would render it unsuitable for proper execution and results. Failure of the Prime Contractor to so completed or partially completed construction is fit and proper to receive the Prime ork, except as to defects not then reasonably discoverable. (c) The Owner shall not be liable to the prime Contractor for damages suffered by the Prime Contractor due to the fault or negligence of a separate contractor or through failure of a separate contractor to carry out the directions of the Owner or the Architect/Engineer. Should any interference occur between the Prime Contractor and a separate contractor, the Architect/Engineer or the Owner may furnish the Prime Contractor with written instructions designating priority of effort or change in methods, whereupon the Prime Contractor shall immediately comply with such direction. In such event, the Prime Contractor shall be entitled to an extension of the Contract Time only for unavoidable delays verified by the Architect/Engineer; no increase in the Contract Sum, however, shall be due to the Prime Contractor. (d) The Prime Contractor shall promptly remedy damage wrongfully caused by the Prime Contractor to completed or partially completed construction or to property of the Owner or separate contractors as provided in Subparagraph 10.2(e). (e) Should the Prime Contractor cause damage to the work or property of any separate contractor on the Project, the Prime Contractor shall, upon due notice, settle with the separate contractor by agreement, if the separate contractor will so settle. If the separate contractor sues the Owner or submits a claim on account of any damage alleged to have been so sustained, the Owner shall notify the Prime Contractor who shall defend such proceedings, at the Prime Contractor's sole expense, and if any judgment or award against Prime Contractor shall fully pay Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D or satisfy it and shall reimburse the Owner for any and all attorney's fees and costs which the Owner has incurred. (f) The Owner and each separate contractor shall have the same responsibilities for cutting and patching as are described for the Prime Contractor in Paragraph 3.14. If a dispute arises among the Contractor, separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the Project Site and surrounding area free from waste materials and rubbish as described in Paragraph 3.15, the Owner may clean up, but is not obligated to do so, and Owner shall allocate the cost among those parties responsible, as the Architect/Engineer recommends to be just. ARTICLE 7 - AMENDMENTS 7.1 CHANGE ORDERS (a) A Change Order is a written order to the Contractor, signed by the Owner and the Architect/Engineer, issued after execution of the Contract, authorizing a change in the Work, an adjustment in the Contract Sum, or an adjustment to the Contract Time, consistent with other applicable provisions of this Contract. The Owner, without invalidating the Contract and without requiring notice of any kind to the sureties, may order changes to the scope of Work under the Contract by additions, deletions, or other revisions, the Contract Sum and Contract Time to be adjusted consistent with other applicable provisions of this Contract. All Change Orders shall be executed on a Change Order form approved by the (b) In addition to the Owner and the Architect/Engineer, the Contractor shall sign all Change Orders to verify and confirm the terms and conditions established by Change Order; however, should the Contractor refuse to sign a Change Order, this shall not relieve him of his obligation to perform the change directed by the Owner and the Architect/Engineer to the best of his ability in accordance with the provisions of this Article 7. A Change Order signed by the Contractor indicates his agreement with all of the changes approved, including the adjustment in the Contract Sum or the Contract Time. EACH CHANGE ORDER SHALL BE SPECIFIC AND FINAL AS TO PRICES AND EXTENSIONS OF TIME, WITH NO RESERVATIONS OR OTHER PROVISIONS ALLOWING FOR FUTURE ADDITIONAL MONEY OR TIME AS A RESULT OF THE PARTICULAR CHANGES IDENTIFIED AND FULLY COMPENSATED IN THE CHANGE ORDER. The execution of a Change Order by the Contractor shall constitute conclusive evidence of releases any claim against the Owner for additional time or compensation for matters relating to or arising out of or resulting from the Work included within or affected by the executed Change Order. This release applies to claims related to the cumulative impact of all Change Orders and to any claim related to the effect of a change on other Work. (c) No extra work (except under emergency conditions) or changes shall be made nor shall any substitutions, changes or additions to or omissions or deviations from the requirements Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D of the Drawings and Specifications be made unless pursuant to a written Change Order signed by the Owner and the Architect/Engineer, it being expressly understood that the Owner shall not be liable for the cost of extra work or any substitution, change, addition, omission or deviation from the requirements of the Drawings or Specifications unless the same shall have been authorized in writing by the Owner and the Architect/Engineer in a written change order or other Amendment. The provisions of this Paragraph 7.1 shall control in the event of any inconsistency between such provisions and the other provisions of this Article 7. See Subparagraph 10.3(a) of the General Conditions for Change Orders under emergency conditions. (d) The method of determining the cost or credit to the Owner for any change in the Work shall be one of the following: (1) mutual acceptance of a not-to-exceed lump-sum amount properly itemized and supported by sufficient substantiating data to permit evaluation; or (2) unit prices stated in the Contract Documents or subsequently agreed upon; or (3) cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee; or (4) the forceaccount method provided in Subparagraph 7.1(e) (e) If the parties cannot agree to one of the methods of calculating cost provided in Clauses (d) (1), (d) (2), or (d) (3), or if the parties agree to a method but cannot agree on a final dollar figure; or if the Contractor for whatever reason refuses to sign the Change Order in question;the Contractor, provided he receives a written order signed by the Owner, shall promptly proceed with the Work involved. The cost of the Work involved shall then be calculated on the basis of the reasonable jobsite expenditures and savings of those performing the Work attributable to the changes, including a reasonable allowance for overhead and profit, such allowance in any case never to exceed fifteen (15%) per cent. In such case, the Contractor shall keep an itemized accounting of the Work involved, on a daily basis, in such form and with the appropriate supporting data as the Architect/Engineer and Owner may prescribe. Sworn copies of the itemized accounting shall be delivered to the Architect/Engineer each day during the performance of force account work, with copies to the Owner. FAILURE OF THE CONTRACTOR TO SUBMIT THE SWORN-TO ITEMIZED ACCOUNTING DAILY AS REQUIRED HEREIN SHALL CONSTITUTE A WAIVER BY THE CONTRACTOR OF ANY RIGHT TO DISPUTE THE OWNER'S DETERMINATION OF THE AMOUNT DUE THE CONTRACTOR FOR FORCE ACCOUNT WORK. Costs to be charged under this Subparagraph for force account work are limited to the following: (1) costs of labor, including social security, old age and unemployment insurance, fringe benefits required by agreement or custom, and workers compensation insurance; Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (2) costs of materials, supplies and equipment (but not to include off-site storage unless approved in writing by the Owner), whether incorporated or consumed; (3) rental costs of machinery and equipment, exclusive of hand tools, whether rented from the Contractor or others; (4) costs of premiums for all bonds and insurance related to the Work; and (5) additional costs of supervision and field office personnel directly attributable to the changed Work. Pending final determination of cost to the Owner, payment of undisputed amounts on force account shall be included on the Architect/Engineer's Certificate of Payment as work is completed. (f) The amount of credit to be allowed to the Owner for any deletion of Work or any other change which results in a net decrease of the Contract Sum shall be the amount of actual net cost confirmed by the Architect/Engineer plus the stated percentage for overhead and profit. When both additions and deletions or credits covering related Work or substitutions are involved in any one change, the allowance for overhead and profit shall be figured on the basis of the net increase or decrease with respect to that change. 7.2 SUPPLEMENTAL AGREEMENTS A written Supplemental Agreement can also be used to implement changes in the Work instead of a Change Order form, including but not limited to situations involving partial occupancy of the Work under Paragraph 9.8, a change made to the Drawings or the Specifications without an increase in the Contract Sum, or special circumstances where it is necessary or more appropriate for the Owner to use a Supplemental Agreement. Written Supplemental Agreements shall have a status equal to that of Change Orders for purposes of priority of Contract Documents interpretation, except that to the extent of a conflict, later Supplemental Agreements in time control over earlier Supplemental Agreements, and the latest Change Order or Supplemental Agreement in time controls over earlier dated Change Orders and Supplemental Agreements. The rules of Subparagraphs 7.1(b) through (f) shall also apply to the negotiation and execution of Supplemental Agreements. 7.3 MINOR CHANGES IN THE WORK The Architect/Engineer, after notifying the Owner, shall be authorized to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Minor changes shall be effected by written order, and shall be binding on the Owner and the Contractor. The Contractor shall carry out such written orders promptly. These written orders shall not be deemed to change or impact the Contract Sum or the Contract Time. Contractor shall have no Claim for any minor change ordered to the Work under this Paragraph 7.3 unless the Contractor submits its change proposal, prior to complying with the minor change ordered and in no event later than ten (10) working days from the date the minor change was ordered, to the Owner for approval. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 7.4 TIME REQUIRED TO PROCESS AMENDMENTS (a) itemized breakdown of costs. Responses to proposal requests shall be submitted sufficiently in advance of the required work to allow the Owner and the Architect/Engineer a minimum of thirty (30) calendar days after receipt by the Architect/Engineer to review the itemized breakdown and to prepare or distribute additional documents as may be necessary. All of the Prime Contractor's responses to proposal requests shall include a statement that the cost described in the response represents the complete, total and final cost and additional Contract Time associated with the extra work, change, addition to, omission, deviation, substitution, or other grounds for seeking extra compensation under the Contract Documents, without reservation or further recourse. (b) All Amendments require approval by either the City Council or, where authorized by the State law and City ordinance, by the City Manager pursuant to Administrative Action. The approval process requires a minimum of forty-five (45) calendar days after submission to the Owner in final form with all supporting data. Receipt of a submission by Owner does not constitute acceptance or approval of a proposal, nor does it constitute a warranty that the proposal will be authorized by City Council Resolution, Ordinance or Administrative Action. THE TIME REQUIRED FOR THE APPROVAL PROCESS SHALL NOT BE CONSIDERED A DELAY AND NO EXTENSIONS TO THE CONTRACT TIME OR INCREASE IN THE CONTRACT SUM WILL BE CONSIDERED OR GRANTED AS A RESULT OF THIS PROCESS. Pending the approval described above, the Contractor will proceed with the work under a pending Amendment only if directed in writing by the Owner. ARTICLE 8 - CONTRACT TIME 8.1 DEFINITIONS (a) Unless otherwise provided, the Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. (b) The date of commencement of the Work is the date established in the Notice to Proceed from the Owner. The date of commencement shall not be postponed by the failure of the Prime Contractor, or of persons or entities for whom the Prime Contractor is responsible to act promptly to commence the Work. If the Owner unreasonably delays the issuance of the notice to proceed, through no fault of the Prime Contractor, the Prime Contractor shall be entitled only to an equitable extension of the Contract Time; the Contract Sum shall remain unchanged. (c) The date of Substantial Completion is the date certified by the Architect/Engineer in accordance with Paragraph 9.7. (d) and ending at 12:00 midnight, unless otherwise specifically defined by special provision. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 8.2 PROGRESS AND COMPLETION (a) Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Building Construction Services Agreement, the Prime Contractor confirms that the Contract Time is a reasonable period for performing the Work. (b) The Prime Contractor shall not knowingly, except by agreement with or instruction of the Owner in writing, prematurely commence operations on the Project site or elsewhere prior to the effective date of insurance to be furnished by the Prime Contractor as required by Article 11. The date of commencement of the Work shall not be changed by the effective date of insurance required by Article 11. 8.3 DELAYS AND EXTENSIONS OF TIME (a) If the Prime Contractor is delayed at any time in the progress of the Work by an act or neglect of the Owner or Architect/Engineer, or of an employee of either, or of a separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the Prime a claim, or by other causes which the Architect/Engineer determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect/Engineer and Owner may determine. (b) Claims relating to Contract Time and time extensions shall be made in accordance with the applicable provisions of Paragraph 4.3. (c) No Damages for Delay. NOTWITHSTANDING ANY OTHER PROVISIONS OF THE CONTRACT DOCUMENTS, INCLUDING THE GENERAL CONDITIONS, NO ADJUSTMENT SHALL BE MADE TO THE CONTRACT SUM AND THE PRIME CONTRACTOR SHALL NOT BE ENTITLED TO CLAIM OR RECEIVE ANY ADDITIONAL COMPENSATION AS A RESULT OF OR ARISING OUT OF ANY DELAY, HINDRANCE, DISRUPTION, FORCE MAJEURE, IMPACT, OR INTERFERENCE, INTENTIONAL OR UNINTENTIONAL, FORESEEN OR UNFORESEEN, WHICH INCREASES THE TIME TO COMPLETE THE WORK, INCLUDING BUT NOT LIMITED TO ANY DELAYS CAUSED IN WHOLE OR IN PART BY THE ACTS, OMISSIONS, FAILURES, NEGLIGENCE, OR FAULT OF THE OWNER, THE ARCHITECT/ENGINEER, OR THE OWNER'S REPRESENTATIVE, AN EXTENSION OF THE CONTRACT TIME UNDER SUBPARAGRAPH 8.3(a) BEING THE PRIME (d) The Owner shall have the right to occupy, without prejudice to the right of either party, any completed or largely completed portions of the structure or Work, notwithstanding the fact that the Contract Time for completing all or a portion of the Work may not have expired. Partial occupancy and use shall not be deemed as an acceptance of the Work taken or used. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (e) The Prime Contractor shall promptly suspend the Work when either the Prime Contractor or the Owner is ordered to do so by a court order from a court having lawful jurisdiction, and the Prime Contractor will not be entitled to additional compensation by virtue of any delays resulting from the court order. The Prime Contractor will also not be liable to the Owner for a delay caused in fact by the Work being suspended by a court order. (f) The Architect/Engineer, with the consent of the Owner, shall have the authority to suspend the Work, in whole or in part, for such period or periods as the Architect/Engineer deems necessary due to unusual or severe weather conditions as are considered unfavorable for the suitable prosecution of the Work, or due to failure on the part of the Prime Contractor to correct conditions considered unsafe for workmen or the general public. If it should become necessary to stop the Work for an indefinite period, the Prime Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily or become damaged in any way, and shall take every precaution to prevent damage or deterioration of the Work performed. In cases of suspension of the Work under this Subparagraph, the Prime Contractor shall also provide suitable drainage about the Work and erect temporary structures where necessary. The Prime Contractor shall not suspend the Work in whole or in part without written authority from the Architect/Engineer or the Owner, and shall resume the Work promptly when notified by the Architect/Engineer or the Owner to resume operations. (g) In the event of a delay that is the responsibility of the Prime Contractor or any of the Subcontractors, for which the Prime Contractor is not entitled to a time extension under the provisions of this Contract, the Owner may direct that the Work be accelerated by means of overtime, additional crews or additional shifts, or resequencing. This acceleration shall be at no cost to the Owner and will continue until the Contract Time is restored. In the event of a delay for which the Prime Contractor is entitled to a time extension, as determined by the Architect/Engineer, Owner may similarly direct acceleration and the Prime Contractor agrees to perform same on the basis that the Prime Contractor will be reimbursed only to the extent described in Subparagraph 4.3(i). THE PRIME CONTRACTOR EXPRESSLY WAIVES ANY OTHER COMPENSATION RESULTING FROM ACCELERATION, SUCH AS LOSS OF LABOR PRODUCTIVITY OR EFFICIENCY. ARTICLE 9 - PAYMENTS AND COMPLETION 9.1 CONTRACT SUM The Contract Sum is stated in the Building Construction Services Agreement and, including authorized adjustments, is the total amount of compensation payable by the Owner to the Prime Contractor for the performance of the Work under the Contract Documents. 9.2 SCHEDULE OF VALUES Before the first Application for Payment, the Prime Contractor shall submit to the Architect/Engineer a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect/Engineer Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D may require. This schedule, when approved by the Architect/Engineer and the Owner, shall be used as a basis for the Prime Contractor's Application for Payment. The schedule of values shall follow the trade division of the Specifications. Prime Contractor's Application for Payment shall be filed on the current version of AIA Form G702 (Application and Certificate for Payment), as approved by the Owner. 9.3 APPLICATIONS FOR PAYMENT (a) At least ten (10) days before the date established for each progress payment, the Prime Contractor shall submit to the Architect/Engineer an itemized Application for Payment for Work completed in accordance with the schedule of values. The Application shall be notarized, if required, and supported by data substantiating the Prime payment as the Owner or Architect/Engineer may require, including but not limited to copies of requisitions from Subcontractors and material suppliers, and reflecting the applicable retainage as required in the Contract Documents. Prime Contractor's Application for Payment shall also provide other supporting documentation as the Owner or the other applicable provisions of the Contract Documents may require. (b) Applications for Payment may not include requests for payment of amounts the Prime Contractor does not intend to pay to a Subcontractor because of a good faith dispute, unless the Prime Contractor complies with Clause 5.3(b) (2) of these General Conditions and the Prime Prime Contractor of the funds deemed to be in dispute. (c) Unless otherwise provided in the Contract Documents, progress payments shall include payment for materials and equipment delivered and suitably stored at the Project site for subsequent incorporation into the Work within thirty (30) days after delivery to the Project site. If approved in advance by the Owner, payment may similarly be made for materials and equipment suitably stored away from the Project site at a location agreed upon in writing. Payment for costs incurred in storage of materials or equipment away from the Project site will NOT be made by Owner unless: (1) the Owner has given prior approval of such off-site storage in writing; (2) the materials or equipment are stored in a bonded warehouse located in Denton County and identified with the Project for which they are stored, as evidenced by warehouse receipts and appropriate documents of title; and (3) the materials or equipment stored off-site will be incorporated into the Work within thirty (30) days after delivery. STORAGE IN FACILITIES OF THE MANUFACTURER OR THE PRIME CONTRACTOR WILL NOT BE PERMITTED OR PAID FOR, UNLESS THE OWNER HAS EXPRESSLY GIVEN PRIOR APPROVAL OF SUCH STORAGE IN WRITING. (d) The Prime Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Prime Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall be Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D free and clear of liens, claims, security interests or encumbrances in favor of the Prime Contractor, Subcontractors, material suppliers, or other persons or entities making a claim by reason of having provided labor, materials, and equipment relating to the Work. (e) All materials or equipment delivered to the Project site earlier than thirty (30) days prior to permission of the Owner to be stored on the Project site. If any unauthorized early delivery occurs, Prime Contractor shall, at Prime responsible Subcontractor or Supplier, cause such early delivery to be removed from the Project site and stored off-site until required at the Project site. All costs of labor, transportation and storage will be included as part of the expense. If the Prime Contractor fails or refuses to remove unauthorized early delivery materials, the Owner may cause such materials to be removed at the Prime Contractor's sole expense, and amounts may be withheld from the Prime Contractor's Application for Payment to reimburse the Owner for any costs incurred in removing unauthorized early delivery materials. OWNER WILL NOT BE RESPONSIBLE FOR THE PROTECTION OF OR RISK OF LOSS ON ANY EARLY DELIVERY MATERIALS OR EQUIPMENT, NOR WILL OWNER BE LIABLE FOR ANY PAYMENT FOR THE EARLY DELIVERY MATERIALS OR EQUIPMENT. Any materials or equipment classified as early delivery will not be approved for payment as stored materials prior to thirty (30) days before the incorporation of the materials or equipment into the Work, unless storage and payment at an earlier date is expressly approved in writing by the Owner. (f) If the Contract Sum is equal to or less than $25,000, and if performance and payment bonds are not furnished by the Contractor, then no payment applied for will be payable under the Contract until the Work has been finally completed and accepted. 9.4 CERTIFICATES FOR PAYMENT (a) The Architect/Engineer will, within ten (10) days after receipt of the Prime Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Prime Contractor, for such amount as the Architect/Engineer determines is properly due, or notify the Prime reasons for withholding certification in whole or in part as provided in: (a) City of Denton General Conditions for Building Construction. (b) Subparagraph 9.5(a). The Certificate for Payment shall be issued on the current version of AIA Form G702 (Application and Certificate for Payment) as approved by the Owner. (c) The issuance of a Certificate for Payment will constitute a representation by the and the data comprising the Application for Payment, that the Work has progressed to the and belief, quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial and Final Completion, to results of subsequent tests and inspections, to minor deviations from the Contract Documents correctable prior to Final Completion and to specific qualifications expressed by the Architect/Engineer. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D The issuance of a Certificate for Payment will further constitute a representation that the Prime approval. The issuance of a Certificate for Payment is not a representation that the Architect/Engineer has: (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures; (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Prime payment; or (4) made examination to ascertain how or for what purpose the Prime Contractor has used money previously paid on account of the Contract Sum. (d) Whenever the Application for Payment for Work done since the last previous Application for Payment exceeds one hundred dollars ($100.00) in amount, Owner will pay a percentage of the Application, less applicable retainage, to the Prime Contractor within certified by the Architect/Engineer. The Application may include acceptable nonperishable materials delivered to the Work or stored as provided for in Paragraph 9.3(c) and the payment will be allowed on the net invoice value, less taxes and applicable retainage. (e) The City is required to withhold five percent (5%) retainage for public works contracts in which the total contract price estimate at the time of execution is more than $400,000; however, this requirement is applied by the City for all public works contracts in excess of $50,000. The retainage will be withheld by the Owner from each progress payment until final completion of the Work by the Contractor, approval of final completion by the Architect/Engineer, and final acceptance of the Work by the Owner. Unless otherwise required by state law, the retainage percentage as specified above is based upon the original Contract Sum, and will not be affected in the event the original Contract Sum is subsequently increased by Change Order. (f) No progress payments shall be made on contracts where performance and payment bonds are not required or furnished. In such instances, payment for the Work performed will be made upon final completion and acceptance by the Owner of all Work. 9.5 DECISIONS TO WITHHOLD CERTIFICATION (a) The Architect/Engineer or the Owner may decide not to certify payment and may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect to the Owner required by Subparagraph 9.4(b) cannot be made. If the Architect/Engineer or the Owner is unable to certify payment in the amount of the Application, the Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Architect/Engineer or the Owner will notify the Prime Contractor as provided in Subparagraph 9.4(a). If the Prime Contractor and Architect/Engineer or the Owner cannot agree on a revised amount, the Architect/Engineer will promptly issue a Certificate for Payment for the amount for which the Architect/Engineer is able to make the required representations to the Owner. The Architect/Engineer or the Owner may also decide not to certify payment or, because of subsequently discovered evidence or subsequent observations, may nullify the whole or a part of a Certificate for Payment previously issued protect the Owner from loss because of: (1) defective or nonconforming Work not remedied; (2) third-party claims filed or reasonable evidence indicating probable filing of such claims; (3) failure of the Prime Contractor to make payments properly to Subcontractors or for labor, materials, or equipment; (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; (5) damage to the Owner or another contractor; (6) reasonable evidence that the Work will not be completed within the Contract Time, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; (7) persistent failure to carry out the Work in accordance with the Contract Documents; or (8) mathematical or other errors that are discovered in the Application for Payment. (b) When all of the above reasons that existed for withholding certification are removed or remedied, then, at that time, certification will be made for amounts previously withheld. (c) The Owner may, at its option, offset any progress payment or final payment under the Contract Documents against any debt (including taxes) lawfully due to the Owner from the Prime Contractor, regardless of whether the amount due arises pursuant to the terms of the Contract Documents or otherwise, and regardless of whether or not the debt due to the Owner has been reduced to judgment by a court. 9.6 PROGRESS PAYMENTS (a) After the Architect/Engineer has issued a Certificate for Payment, the Owner shall make payment in the manner and within the time provided in the Contract Documents, and shall so notify the Architect/Engineer. The Owner shall not be liable for interest on any late or delayed progress payment or final payment caused by any claim or dispute, any discrepancy in quantities, any failure to provide supporting documentation or other Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D information required with the Application for Payment or as a precondition to payment under the Contract Documents, or due to any payment the Owner or the Architect/Engineer has a right to withhold or not certify under the Contract Documents. Notwithstanding the foregoing, the Owner may refuse to make payment on any Certificate for Payment (including, without limitation, the final Certificate for Payment) for any default under the Contract Documents, including but not limited to those defaults set forth in Subparagraph 9.5(a), Clauses (1) through (7). The Owner shall not be deemed in default by reason of withholding payment while any Prime Contractor default remains uncured. (b) The Prime Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Prime Contractor on account of each ed, reflecting percentages actually retained from payments to the Prime Contractor on account of such Subcontractors portion of the Work. The Prime Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to Sub- subcontractors in similar manner. (c) The Architect/Engineer will, on request, furnish to a Subcontractor, if practicable, information regarding percentages of completion or amounts applied for by the Prime Contractor and action taken thereon by the Architect/Engineer and the Owner on account of portions of the Work done by such Subcontractor. (d) Neither the Owner nor the Architect/Engineer shall have an obligation to pay or to see to the payment of money to a Subcontractor except as may otherwise be required by law. That obligation belongs to the Prime Contractor or, in the event of the Prime to pay a Subcontractor, to the Surety on the Payment Bond as required under Paragraph 11.3. (e) Payment to material suppliers shall be treated in a manner similar to that provided in Subparagraphs 9.6(b), (c), and (d). (f) A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not performed in accordance with the Contract Documents. 9.7 SUBSTANTIAL COMPLETION (a) The Date of Substantial Completion of the Work, or designated portion of the Work, is the date certified by the Architect/Engineer when construction is sufficiently completed in accordance with the City Of Denton General Conditions For Building Construction. (a) the Contract Documents such that the Owner may beneficially occupy and use the Work, or designated portions of the Work, for the purposes for which it is intended and only trivial and insignificant items remain which do not affect the Work as a whole. (b) When the Prime Contractor considers that the Work, or the portion of the Work which the Owner agrees to accept separately, is Substantially Complete, the Prime Contractor shall Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D prepare and submit to the Architect/Engineer a comprehensive list of remaining items to be completed or corrected. The Prime Contractor shall proceed promptly to complete and item on the punch list does not alter the responsibility of the Prime Contractor to complete all Work in accordance with the Contract Documents. Upon receipt of the punch list, the Architect/Engineer will make an inspection to determine whether the Work, or designated discloses any item, whether or not included on the punch list, which is not in accordance with the requirements of the Contract Documents and which renders the Work inspected not Substantially Complete the Contractor shall, before issuance of the Certificate of Substantial Completion, complete or correct the item upon notification by the Architect/Engineer. The Prime Contractor shall then submit a request for another inspection by the Architect/Engineer to determine Substantial Completion. When the Work or designated portion of the Work is Substantially Complete, the Architect/Engineer will prepare a Certificate of Substantial Completion which shall establish the date of Substantial Completion, shall establish responsibilities of the Owner and the Prime Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and shall fix the time within which the Prime Contractor shall finish all items on the punch list accompanying the Certificate. (c) The Certificate of Substantial Completion shall be submitted to the Owner and the Prime Contractor for their written acceptance of responsibilities assigned to them in the Certificate. (d) Upon Substantial Completion of the Work or designated portion thereof and upon application by the Prime Contractor and certification by the Architect/Engineer, the Owner shall make payment, reflecting adjustment in retainage, if any, for the Work, or portion of the Work, as provided in the Contract Documents. 9.8 PARTIAL OCCUPANCY OR USE (a) The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate Supplemental Agreement with the Prime Contractor, provided such occupancy or use is consented to by the insurer as required under Subparagraph 11.2(e) and authorized by public authorities having jurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is Substantially Complete, provided the Owner and Prime Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. When the Prime Contractor considers a portion Substantially Complete, the Prime Contractor shall prepare and submit a list to the Architect/Engineer as provided under Subparagraph 9.7(b). Consent of the Prime Contractor to partial occupancy or use shall not be unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and Prime Contractor or, if no agreement is reached, by decision of the Architect/Engineer. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (b) Immediately prior to such partial occupancy or use, the Owner, Prime Contractor, and Architect/Engineer shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. (c) Unless otherwise agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Contract Documents. 9.9 FINAL COMPLETION AND FINAL PAYMENT (a) Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect/Engineer, accompanied Architect/Engineer finds the Work acceptable under the Contract Documents and the Contract Documents fully performed, the Architect/Engineer will promptly issue a final Cer inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Prime Contractor and for Payment will constitute a further representation that conditions listed in Subparagraph 9.9(b) as a condition precedent to the Prime have been fulfilled. Owner will normally make final payment within thirty (30) days after Owner's receipt and approval of the final Certificate for Payment. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work, unless otherwise provided by separate agreement between the Owner and the Prime Contractor. (b) Neither final payment nor any remaining retained percentage shall become due until the Prime Contractor submits to the Architect/Engineer: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness ty might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise satisfied; (2) a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner; (3) a written statement that the Prime Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents; (4) a consent of surety to final payment; and (5) if required by the Owner, other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, security interests or encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (c) As a precondition to final payment by the Owner under this Contract, the Prime Contractor's affidavit under Clause (b)(1) shall state that the Prime Contractor has paid each of his subcontractors, laborers or materialmen in full for all labor and materials provided to Contractor for the Work performed under this Contract. In the event the Prime Contractor has not paid each of his subcontractors, laborers or materialmen in full, the Prime Contractor shall state in the affidavit the amount owed and the name of each subcontractor, laborer or materialmen to whom such payment is owed. IN ANY EVENT, THE PRIME CONTRACTOR SHALL BE REQUIRED TO EXECUTE THE OWNER'S STANDARD AFFIDAVIT OF FINAL PAYMENT AND RELEASE AS A PRECONDITION TO RECEIPT OF FINAL PAYMENT. (d) If, after Substantial Completion of the Work, final completion of the Work is materially delayed through no fault of the Prime Contractor or by issuance of Change Orders affecting final completion and the Architect/Engineer confirms the delay, the Owner shall, upon application by the Prime Contractor and certification by the Architect/Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Contract Documents, and if bonds have been furnished, the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Contractor to the Architect/Engineer prior to certification of payment. Payment shall be made under terms and conditions governing final payment, except that it shall not constitute a waiver of claims. (e) The acceptance by the Prime Contractor of the final payment shall operate as and shall be a complete release of the Owner from all claims or liabilities under the Contract, for anything done or furnished or relating to the Work or the Project, or for any act or neglect of the Owner relating to or connected with the Work or the Project. ARTICLE 10 SAFETY, SECURITY AND UTILITY PROVISIONS; ENVIRONMENTAL COMPLIANCE 10.1 SAFETY PRECAUTIONS AND PROGRAMS The Prime Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract, and will comply with all applicable City, County, State and Federal health and safety regulations. 10.2 SAFETY OF PERSONS AND PROPERTY (a) The Prime Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: (1) employees on the Work and other persons who may be affected thereby; Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (2) the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Prime Contractor or the Prime -subcontractors; and (3) other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. (b) The Prime Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property or their protection from damage, injury or loss. (c) The Prime Contractor shall erect and maintain, as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent sites and utilities. (d) When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work, the Prime Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. (e) USE OF EXPLOSIVES - CLAIMS AND TOTAL INDEMNIFICATION. The Owner shall have the right to pre-approve the use of any explosives on the Project; the Prime Contractor shall not assume in its bid that permission to use explosives will be granted. The Owner shall NOT be liable for any claim for additional time or compensation as a result of the Owner's denial of permission to use explosives. Where use of explosives is permitted by the Owner, the Prime Contractor EXPRESSLY AGREES TO BE SOLELY RESPONSIBLE for the determination as to whether explosives shall actually be used, and for any result from the use, handling or storage of explosives, and shall INDEMNIFY, DEFEND AND HOLD COMPLETELY HARMLESS the Owner, its officers, agents and employees, and the Architect/Engineer against any and all claims, lawsuits, judgments, costs or expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons, as the result of the use, handling or storage of the explosives by the Prime Contractor or any Subcontractor, REGARDLESS OF WHETHER SAID USE, HANDLING OR STORAGE WAS NEGLIGENT OR NOT, AND REGARDLESS OF WHETHER THE DAMAGE OR INJURY WAS CONTRIBUTED TO IN ANY WAY BY THE NEGLIGENCE OR FAULT OF THE OWNER, ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES, OR THE ARCHITECT/ENGINEER AND ITS OFFICERS, AGENTS, EMPLOYEES, OR REPRESENTATIVES. In the event of conflict with any other indemnity paragraph in this Contract, this paragraph controls. This indemnity paragraph is intended solely for the benefit of the parties to this Contract and is not intended to create or grant any rights, contractual or otherwise, to or for any other person or entity. The Prime Contractor shall furnish the Owner and the Architect/Engineer with evidence of insurance sufficient to cover possible damage or injury, which insurance shall either include the Owner and the Architect/Engineer as additional insureds or be sufficiently broad in coverage as to fully protect the Owner and the Architect/Engineer. All explosives Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D shall be stored in a safe and secure manner, under the care of a competent watchman at all times, and all storage places shall be marked clearly and conspicuously: "DANGEROUS- EXPLOSIVES." The method of storing and handling explosives and highly flammable materials shall conform to Federal and State laws, City of Denton ordinances, and the City of Denton Fire Department regulations. The Prime Contractor shall notify any telecommunications and public utility company and any private property owners having structures in the proximity of the Project Site of the Prime explosives, and such notice shall be given sufficiently in advance to enable the telecommunications and public utility companies and private property owners to take such steps as they may deem necessary to protect their property from injury. The notice shall not relieve the Prime Contractor of any responsibility for damage resulting from any blasting operations. (f) The Prime Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in Clauses 10.2(a)(2) and 10.2(a)(3) caused in whole or in part by the Prime Contractor, a Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Prime Contractor is responsible under Clauses 10.2(a)(2) and 10.2(a)(3), except damage or loss attributable to acts or omissions of the Owner or Architect/Engineer or anyone directly or indirectly employed by either of them, or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Prime Contractor or any of its Subcontractors. The foregoing obligations of the Prime Contractor are in addition to the Prime under Paragraph 3.l9. To the extent that any such damage or loss may be covered by property insurance or other insurance required by the Contract Documents, the Owner and the Prime Contractor shall exercise their best efforts to make a claim and obtain recovery from the insurers to provide for the cost, in whole or in part, of the repair work or to provide for reimbursement for such damage or loss. (g) The Prime Contractor shall designate a responsible member of the Prime organization at the site whose duty shall be the prevention of accidents. This person shall be the Prime s superintendent unless otherwise designated by the Prime Contractor in writing to the Owner and Architect/Engineer. (h) The Prime Contractor shall not load or permit any part of the Work or the Project site to be loaded so as to endanger its safety. 10.3 EMERGENCIES In an emergency affecting safety, health, or security of persons or property, the Prime Contractor shall act, at the Prime injury, or loss. Additional compensation or extension of time claimed by the Prime Contractor on account of an emergency shall be determined as provided in Paragraph 4.3 and Article 7. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 10.4 PUBLIC CONVENIENCE AND SAFETY (a) The Prime Contractor shall place materials stored about the Work and shall conduct the Work at all times in a manner that causes no greater obstruction to the public than is considered necessary by the Owner. Sidewalks or streets shall not be obstructed, except by special permission of the Owner. The materials excavated and the construction materials or plant used in the performance of the Work shall be placed in a manner that does not endanger the Work or prevent free access to all fire hydrants, water mains and appurtenances, water valves, gas valves, manholes for the telephone, telegraph signal or electric conduits, wastewater mains and appurtenances, and fire alarm or police call boxes in the vicinity. (b) The Owner reserves the right to remedy any neglect on the part of the Prime Contractor in regard to public convenience and safety which may come to the Owner's attention, after twenty-four (24) hours notice in writing to the Prime Contractor. In case of an emergency, the Owner shall have the right to immediately remedy any neglect without notice. In either case, the cost of any work done by the Owner to remedy the Prime Prime Contractor shall notify the City Traffic Control Department when any street is to be closed or obstructed. The notice shall, in the case of major thoroughfares or street upon which transit lines operate, be forty-eight (48) hours in advance. The Owner reserves the right to postpone or prohibit any closure or obstruction of any streets or thoroughfares to the extent necessary for the safety and benefit of the traveling public. The Prime Contractor shall, when directed by the Architect/Engineer or the Owner, keep any street or streets in condition for unobstructed use by City departments. When the Prime Contractor is required to construct temporary bridges or make other arrangements for crossing over ditches or around structures, the Prime include the roadway approaches as well as the crossing structures. 10.5 BARRICADES, LIGHTS AND WATCHMEN If the Work is carried on or adjacent to any street, alley or public place, the Prime Contractor shall, at the Prime barricades, fences, lights and danger signals, shall provide sufficient watchmen, and shall take such other precautionary measures as are necessary for the protection of persons or property and of the Work. All barricades shall be painted in a color that will be visible at night, shall indicate in bold letters thereon the Prime Contractor's name and shall be shall mean flares, flashers, or other illuminated devices. A sufficient number of barricades with adequate markings and directional devices shall also be erected to keep vehicles from being driven on or into any Work under construction. The Prime Contractor will be held responsible for all damage to the Work due to failure of barricades, signs, lights and watchmen to protect the Work. Whenever evidence is found of such damage, the Architect/Engineer may order the damaged portion immediately removed and replaced by the Prime Contractor at Prime Contractor's cost and expense. The Prime Contractor's responsibility for maintenance of barricades, signs, and lights, and for providing watchmen, shall not cease until the Project has been finally accepted by the Owner. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 10.6 PUBLIC UTILITIES AND OTHER PROPERTIES TO BE CHANGED In case it is necessary to change or move the property of the Owner or of any telecommunications or public utility, such property shall not be removed or interfered with until ordered to do so by the Architect/Engineer. The right is reserved to the owner of any public or private utilities to enter upon the Project site for the purpose of making such changes or repairs of their property that may become necessary during the performance of the Work. The Owner reserves the right of entry upon the Project site for any purpose, including repairing or relaying sewer and water lines and appurtenances, repairing structures, and for making other repairs, changes, or extensions to any of the Owner's property. The Owner's actions shall conform to the Prime Contractor's current and approved schedule for the performance of the Work, provided that proper notification of schedule requirements has been given to the Owner by the Prime Contractor. 10.7 TEMPORARY STORM SEWER AND DRAIN CONNECTIONS When existing storm sewers or drains have to be taken up or removed, the Prime Contractor shall at his own expense provide and maintain temporary outlets and connections for all public and private storm sewers and drains. The Prime Contractor shall also take care of all storm sewage and drainage which will be received from these storm drains and sewers; for this purpose, the Prime Contractor shall provide and maintain, at the Prime expense, adequate pumping facilities and temporary outlets or diversions. The Prime Contractor shall, at the Prime other structures necessary and shall be prepared at all times to dispose of storm drainage and sewage received from these temporary connections until such time as the permanent connections are built and in service. The existing storm sewers and connections shall be kept in service and maintained under the Contract, except where specified or ordered to be abandoned by the Architect/Engineer. All storm water and sewage shall be disposed of in a satisfactory manner so that no nuisance is created and that the Work under construction will be adequately protected. 10.8 ARRANGEMENT AND CHARGE FOR WATER FURNISHED BY THE OWNER; ELECTRICITY FOR THE PROJECT (a) When the Prime Contractor desires to use the Owner's water in connection with the Work, the Prime Contractor shall make complete and satisfactory arrangements with the Denton Water Utilities Department and shall be responsible for the cost of the water the Prime Contractor uses. Where meters are used, the charge will be at the regular established rate; where no meters are used, the charge will be as prescribed by City ordinance, or where no ordinance applies, payment shall be based on estimates made by the Denton Water Utilities Department. (b) The Prime Contractor shall make complete and satisfactory arrangements for electricity and metered electrical connections with the Owner or with Denton Municipal Electric in the event that separately metered electrical connections are required for the Project. The Prime Contractor shall pay for all electricity used in the performance of the Work through Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D separate metered electrical connections obtained by the Prime Contractor through the City of Denton. 10.9 USE OF FIRE HYDRANTS The Prime Contractor, Subcontractors, and any other person working on the Project shall not open, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve, or stop cock, or tap any water main belonging to the Owner, unless duly authorized to do so by the Denton Water Utilities Department in accordance with the Denton City Code. 10.10 ENVIRONMENTAL COMPLIANCE (a) The Prime Contractor and its Subcontractors are deemed to have made themselves familiar with and at all times shall comply with all applicable federal, state or local laws, rules, regulations, ordinances, and rules of common law now in effect (including any amendments now in effect), relating to the environment, Hazardous Substances or exposure to Hazardous Substances, including but not limited to the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. §§ 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.A. §§ 1801, et seq.; the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. §§ 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C.A §§ 1201, et seq.; the Toxic Substances Control Act, 15 U.S.C.A. §§ 2601, et seq.; the Clean Air Act, 42 U.S.C.A. §§ 7401, et seq.; the Safe Drinking Water Act, 42 U.S.C.A. §§ 3808, et seq., and any current judicial or administrative interpretation of these laws, rules, regulations, ordinances, or rules of common law, including but not limited to any judicial or administrative order, consent decree, or judgment affecting the Project. (b) In the event the Prime Contractor encounters on the site materials reasonably believed to be a Hazardous Substance that have not been rendered harmless, and removal of such materials is not a part of the scope of Work required under the Contract Documents, the Prime Contractor shall immediately stop Work in the affected area and report in writing the facts of such encounter to the Architect/Engineer and the Owner. Work in the affected area shall not thereafter be resumed except by written order of the Owner unless and until the material is determined not to be a Hazardous Substance or the Hazardous Substance is remediated. The Owner may choose to remediate the Hazardous Substance with a separate contractor or through a Change Order with the Prime Contractor. If the Owner determines that the Hazardous Substance exists in the affected area due to the fault or negligence of the Prime Contractor or any of its Subcontractors, the Prime Contractor shall be responsible for remediating the condition at the sole expense of the Prime Contractor in accordance with the Prime APPROVED Spill Remediation Plan. An extension of the Contract Time for any delay in the progress schedule caused as a result of the discovery and remediation of a Hazardous Substance may be granted by the Owner only if all remaining Work on the Project must be suspended and the delay cannot be made up elsewhere in the progress schedule. Any request for an extension of the Contract Time related to the discovery Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D and remediation of a Hazardous Substance is subject to the provisions of Paragraph 4.3 and Article 8. (c) The Prime Contractor shall be responsible for identification, abatement, cleanup, control, removal, remediation, and disposal of any Hazardous Substance brought into or upon the site by the Prime Contractor or any Subcontractor or Supplier. The Prime Contractor shall obtain any and all permits necessary for the legal and proper handling, transportation, and disposal of the Hazardous Substance and shall, prior to undertaking any abatement, cleanup, control, removal, remediation, and disposal, notify the Owner and the Architect/Engineer so that they may observe the activities; provided, however, that it shall be the Prime laws, rules, regulations, or ordinances governing the activities. (d) Spill Prevention Plan. At least seventy-two (72) hours prior to commencing performance of any of the Work at the Project site, the Prime Contractor shall submit to the Owner for review and approval a Spill Prevention and Response Plan (SPRP) meeting the requirements of federal and state law, rules, and regulations. The SPRP shall be specially designed for the Prime Contractor's planned work methods and procedures. The SPRP shall be designed to complement all applicable safety standards, fire prevention regulations, and pollution prevention policies and procedures. The SPRP shall include estimates of the quantity and rate of flow should equipment fail, and detail containment or diversionary structures to prevent spills from leaving the site or migrating into adjacent properties or navigable waters. The SPRP shall include methods of recovery of spilled materials and all applicable twenty-four (24) hour Manager or other designated representative. The Prime Contractor shall not commence any field work prior to approval of such plan by the Owner. The following additional rules shall apply with respect to spills caused by the Prime Contractor or a Subcontractor: (1) The Prime Contractor shall immediately report any spill or release at the Project site, whether or not it is associated with this Contract, to Manager or other designated representative. Thereafter, within two (2) working days after the occurrence of such event, the Prime Contractor shall submit a written report describing such event in a degree of detail reasonably acceptable to the Owner. (2) The Prime Contractor shall immediately respond in accordance with the SPRP in the event of a spill. (3) The Prime Contractor shall dispose of spilled materials in accordance with EPA and Texas Commission on Environmental Quality (TCEQ) regulations and any other applicable federal, state, or local laws, rules, or regulations. In connection with such disposals, the Prime Contractor shall use only those transporters and disposal facilities that are approved in advance in writing by the Owner. A copy of all transport manifests for the spilled materials shall be obtained and retained in the Prime be provided upon request of Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D the Architect/Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter. ALL COSTS OF COLLECTION, CONTAINMENT, AND DISPOSAL OF SPILLED MATERIALS SHALL BE THE SOLE RESPONSIBILITY OF THE PRIME CONTRACTOR. (4) environmental discharge or release. (e) Clean Air Management Plan. The Prime Contractor shall comply with the Clean Air Management Plan submitted to and approved by the Owner during the contractor selection process. The Owner reserves the right, at the Prime to require the removal or retrofitting of any equipment used in the course of construction that does not comply with the Plan submitted to and approved by the Owner. (f) The Prime Contractor shall deposit surplus or waste excavation or other materials removed as part of the Work at a legal disposal site in accordance with all applicable state, federal, and local laws, rules, regulations, and ordinances. The Prime Contractor shall submit to the Owner for review and approval all planned disposal sites or proposed uses for the surplus or waste excavation or other materials prior to removal of any excavation or other material from the Project site. A copy of all transport manifests for surplus or waste excavation or other materials shall be obtained and retained in the Prime purposes, to be provided upon request to the Architect/Engineer, the Owner, or any governmental regulatory agency with jurisdiction over the matter. (g) The Prime Contractor is responsible for obtaining all TXPDES Storm Water Permits from TCEQ for construction of the Project under regulations contained in 40 CFR Part 122, as amended, pursuant to the Clean Water Act, 33 U.S.C.A. §§1251 et seq. These regulations require the filing of a notice of intent to obtain and abide by the general storm water permit for construction activities promulgated by EPA, including but not limited to cleaning, grading, and excavation that disturb the applicable amount of total land area. In addition, the Prime Contractor shall comply with all regulations of the Owner relating to storm water and storm water runoff management at the Project site pursuant to Chapter 19, Article IX, Denton City Code, as amended. (h) The Prime Contractor shall not install any materials in the performance of the Work that contain asbestos or asbestos-related material such as hydrated mineral silicate, including chrysolite, amosite, crocidolite, tremolite, anthophylite or actinolite, whether friable or non-friable. (i) The Owner reserves the right in its sole option to exercise the following remedies (without waiving the right to pursue the imposition of any civil or criminal fines or penalties that may be imposed under state, federal, or local laws or ordinances), at no additional cost to the Owner and without an extension of the Contract Time, in the event the Prime Contractor fails or refuses after seven (7) days advance written notice from the Owner to comply with the provisions of this Paragraph 10.10, the terms of the Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D SPRP, the terms of the Clean Air Management Plan, any storm water permit or other environmental permit issued in connection with the Work, or any applicable environmental law, rule, regulation, or ordinance: (1) suspend all or any portion of the Work until the noncompliance is corrected, or until a detailed plan to achieve compliance within a reasonably prompt period of time is prepared by the Prime Contractor and approved by the Owner; (2) if the Prime Contractor fails to properly address the noncompliance within the time stipulated by the Owner, perform the necessary remediation or correction work and backcharge the Prime Contractor for the cost of the remediation or correction; or (3) terminate the Contract for cause as provided in Article 13. ARTICLE 11 INSURANCE AND BONDS 11.1 PRIME Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.2 PROPERTY INSURANCE Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.3 Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.4 POLICY ENDORSEMENTS AND SPECIAL CONDITIONS Prime Contractors shall refer to the requirements listed within the solicitation document and resulting contract for all City of Denton insurance requirements. Should a conflict arise between the solicitation document and the resulting contract, the requirements set forth in the actual contract shall prevail. 11.5 PERFORMANCE AND PAYMENT BONDS Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (a) Subject to the provisions of Subparagraph 11.5(b), the Prime Contractor shall, with the execution and delivery of the Construction Services Agreement, furnish and file with the Owner in the amounts required in this Paragraph, the surety bonds described in Clauses (a)(1) and (a)(2) below, which surety bonds shall be in accordance with the Charter of the City of Denton and the provisions of Chapter 2253, Texas Government Code, as amended; each bond shall be signed by the Prime Contractor, as Principal, and by an established bonding company, as surety, meeting the requirements of Subparagraph 11.5(c) and approved by the Owner. The surety bonds shall be accompanied by an appropriate Power- of-Attorney clearly establishing the extent and limitations of the authority of each signer to so sign: (1) Performance Bond. A good and sufficient bond in an amount equal to 100% of the total Contract Sum, guaranteeing the full and faithful execution of the Work and performance of the Contract in accordance with Plans, Specifications and all other Contract Documents, including any Amendments thereof, for the protection of the Owner. This bond shall also provide for the repair and maintenance of all defects due to faulty materials and workmanship that appear within a period of two (2) years from the date of final completion and acceptance of the improvements by the Owner or lesser or longer periods as may be otherwise designated in the Contract Documents. (2) Payment Bond. A good and sufficient bond in an amount equal to 100% of the total Contract Sum, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in the Contract Documents and any Amendments thereto, and for the use and protection of each claimant. (b) If the Contract Sum, including Owner-accepted alternates and allowances, if any, is greater than $50,000, Payment bonds in 100% of the Contract Sum are mandatory and shall be required to be provided by the Contractor. If the Contract Sum is greater than $100,000, a Payment Bond and Performance Bond in 100% of the Contract amount is mandatory. (c) No surety will be accepted by the Owner who is now in default or delinquent on any bonds or who is a party to any litigation against the Owner. All bonds shall be made and executed on the Owner's standard forms, shall be approved by the Owner, and shall be executed by not less than one corporate surety that is authorized and admitted to do business in the State of Texas, is licensed by the State of Texas to issue surety bonds, is listed in the most current United States Department of the Treasury List of Acceptable Sureties, and is otherwise acceptable to the Owner. Each bond shall be executed by the Prime Contractor and the surety, and shall specify that legal venue for enforcement of each bond shall lie exclusively in Denton County, Texas. Each surety shall designate an agent resident in Denton County, Texas to whom any requisite statutory notices may be delivered and on whom service of process may be had in matters arising out of the suretyship. (d) Contractor will be required to furnish original performance and payment bonds for 100 percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. The City, at its option, may waive the payment and performance bond requirements for projects of less than $50,000. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. (e) The failure of the Contractor to deliver the required statutory bonds and evidence of insurance within fourteen (14) calendar days after the Contract is awarded shall constitute a material breach of the Prime Contract award and collect or retain the proceeds of the bid security. By reason of the uncertainty of the market prices or materials and labor, and it being impracticable and difficult to determine accurately the amount of damages occurring to the Owner by reason of the Prime Contractor's failure to execute and furnish the statutory bonds within fourteen (14) calendar days, the filing of a bid proposal with the accompanying bid security will be considered as an acceptance of this Subparagraph 11.5(e). In the event the Owner should re-advertise for bids, the defaulting Prime Contractor shall not be eligible to bid, and the lowest responsible bid obtained in the re-advertisement shall be the bid referred to in this Paragraph. ARTICLE 12 DEFECTIVE AND NONCONFORMING WORK 12.1 UNCOVERING OF WORK (a) requirements specifically expressed in the Contract Documents, the Work must, if required in writing by the Architect/Engineer, be uncovered f observation and be replaced at the Prime Contract Time. (b) If a portion of the Work has been covered which the Architect/Engineer has not specifically requested to observe prior to it being covered, the Architect/Engineer may request to see such Work and it shall be uncovered by the Prime Contractor. If such Work is in accordance with the Contract Documents, costs of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If any Work is not in accordance with the Contract Documents, the Prime Contractor shall pay the costs of uncovering, repair, replacement unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs. 12.2 CORRECTION OF WORK (a) The Prime Contractor shall promptly correct Work rejected by the Architect/Engineer as failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D completed. The Prime Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the enses made necessary thereby. (b) If any of the Work is found to be defective or nonconforming with the requirements of the Contract Documents, the Prime Contractor shall correct it promptly after receipt of written notice from the Architect/Engineer or the Owner to do so unless the Owner has previously given the Prime Contractor a written acceptance or waiver of the defect or nonconformity. The Prime Contr Work remains in effect for: (1) one year after the date of Substantial Completion of the Work or designated portion of the Work; (2) one year after the date for commencement of warranties established by agreement in connection with partial occupancy under Subparagraph 9.8(a); or (3) the stipulated duration of any applicable special warranty required by the Contract Documents. (c) The one-year period described in Clauses (b)(1) and (b)(2) shall be extended with respect to portions of the Work performed, repaired, or corrected after Substantial Completion by the period of time between Substantial Completion and the actual completion of the Work. (d) The obligations of the Prime Contractor under this Paragraph 12.2 shall survive final acceptance of the Work and termination of this Contract. The Owner shall give notice to the Prime Contractor promptly after discovery of a defective or nonconforming condition in the Work. The one-year period stated in Clauses (b)(1) and (b)(2) does not limit the ability of the Owner to require the Prime Contractor to correct latent defects or nonconformities in the Work, which defects or nonconformities could not have been discovered through reasonable diligence by the Owner or the Architect/Engineer at the time the Work was performed or at the time of inspection for certification of Substantial Completion or Final Completion. The one year period also does not relieve the Prime Contractor from liability for any defects or deficiencies in the Work that may be discovered after the expiration of the one year correction period. (e) The Prime Contractor shall remove from the Project site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by the Prime Contractor nor accepted by the Owner. (f) If the Prime Contractor fails to correct defective or nonconforming Work within a reasonable time after notice from the Owner or the Architect/Engineer, the Owner may correct it in accordance with Paragraph 2.4. If the Prime Contractor does not proceed with correction of defective or nonconforming Work within a reasonable time fixed by written notice from the Architect/Engineer, the Owner may remove or replace the defective or nonconforming Work and store the salvageable materials or equipment at Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D the Prime Prime Contractor does not pay costs of removal and storage within ten days after written notice, the Owner may, upon ten (10) additional days written notice, sell the materials and equipment at auction or at private sale and shall account for the proceeds after deducting costs and damages that should have been borne by the Prime and expenses made necessary as a result of the sale. If the proceeds of sale do not cover costs which the Prime Contractor should have borne, the Contract Sum shall be reduced by the deficiency. If payments due to the Prime Contractor then or thereafter are not sufficient to cover the deficiency, the Prime Contractor shall pay the difference to the Owner. (g) The Prime Contractor shall bear the cost of correcting destroyed or damaged construction of the Owner or separate contractors, whether the construction is completed or partially completed, that is caused by the Prime is not in accordance with the requirements of the Contract Documents. (h) Nothing contained in this Paragraph 12.2 shall be construed to establish a period of limitation with respect to other obligations which the Prime Contractor might have under the Contract Documents. Establishment of the one-year time period as described in Subparagraph 12.2(b) relates only to the specific obligation of the Prime Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Prime liability with respect to the Prime correct the Work. (i) Any Work repaired or replaced pursuant to this Article 12 shall be subject to the provisions of Article 12 to the same extent as Work originally performed or installed. 12.3 ACCEPTANCE OF NONCONFORMING WORK the requirements of the Contract Documents instead of requiring its removal and correction, in which case the Contract Sum will be reduced as appropriate and equitable. The adjustment will be accomplished whether or not final payment has been made. ARTICLE 13 COMPLETION OF THE CONTRACT; TERMINATION; TEMPORARY SUSPENSION 13.1 FINAL COMPLETION OF CONTRACT The Contract will be considered completed, except as provided in any warranty or maintenance stipulations, bond, or by law, when all the Work has been finally completed, the final inspection is made by the Architect/Engineer, and final acceptance and final payment is made by the Owner. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 13.2 WARRANTY FULFILLMENT Prior to the expiration of the specified warranty period provided for in the Contract Documents, the Architect/Engineer will make a detailed inspection of the Work and will advise the Prime Contractor and the Prime equire correction. The Architect/Engineer will make a subsequent inspection and if the corrections have been properly performed, the Architect/Engineer will issue a letter of release on the maintenance stipulations to the Prime Contractor and the Surety. If for any reason the Prime Contractor has not made the required corrections before the expiration of the warranty period, the warranty provisions as provided for in the Contract Documents shall remain in effect until the corrections have been properly performed and a letter of release issued. 13.3 TERMINATION BY THE OWNER FOR CAUSE (a) Notwithstanding any other provision of these General Conditions, the Work or any portion of the Work may be terminated immediately by the Owner for any good cause after giving seven (7) days advance written notice and opportunity to cure to the Prime Contractor, including but not limited to the following causes: (1) Failure or refusal of the Prime Contractor to start the Work within ten (10) days after the date of written notice by the Owner to commence the Work. (2) A reasonable belief that the progress of the Work being made by the Prime Contractor is insufficient to complete the Work within the specified time. (3) Failure or refusal of the Prime Contractor to provide sufficient and proper equipment or construction forces to properly execute the Work in a timely manner. (4) A reasonable belief that the Prime Contractor has abandoned the Work. (5) A reasonable belief that the Contractor has become insolvent, bankrupt, or otherwise financially unable to carry on the Work. (6) Failure or refusal on the part of the Contractor to observe any requirements of the Contract Documents or to comply with any written orders given by the Architect/Engineer or the Owner as provided for in the Contract Documents. (7) Failure or refusal of the Prime Contractor to promptly make good any defects in materials or workmanship, or any defects of any nature, the correction of which has been directed in writing by the Architect/Engineer. (8) A reasonable belief by the Owner that collusion exists or has occurred for the purpose of illegally procuring the Contract or a Subcontractor, or that a fraud is being perpetrated on the Owner in connection with the construction of Work under the Contract. (9) Repeated and flagrant violation of safe working procedures. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (10) The filing by the Prime Contractor of litigation against the Owner prior to completion of the Work. (b) When the Work or any portion of the Work is terminated for any of the causes itemized above or for any other cause except termination for convenience pursuant to Subparagraph 13.3(e), the Prime Contractor shall, as of the date specified by the Owner, discontinue the Work or portion of the Work as the Owner shall designate, whereupon the surety shall, within fifteen (15) days after the written notice of termination for cause has been served upon the Prime Contractor and the surety or its authorized agents, assume the obligations of the Prime Contractor for the Work or that portion of the Work which the Owner has ordered the Prime Contractor to discontinue and may: (1) perform the Work with forces employed by the surety; (2) with the written consent of the Owner, tender a replacement contractor to take over and perform the Work, in which event the surety shall be responsible for and pay the amount of any costs required to be incurred for the completion of the Work that are in excess of the amount of funds remaining under the Contract as of the time of the termination; or (3) with the written consent of the Owner, tender and pay to the Owner in settlement the amount of money necessary to finish the balance of uncompleted Work under the Contract, correct existing defective or nonconforming Work, and compensate the Owner for any other loss sustained as a result of Prime Contractor's default. In the event of termination for cause involving Clause (b)(1) or (b)(2), the Surety shall assume the Prime Contractor's place in all respects, and the amount of funds remaining unpaid under the Contract shall be paid by the Owner for all Work performed by the surety or the replacement contractor in accordance with the terms of the Contract Documents, subject to any rights of the Owner to deduct any costs, damages, or actual damages that the Owner may have incurred, including but not limited to additional fees and expenses of the Architect/Engineer and attorneys fees, as a result of such termination. (c) The balance of the Contract Sum remaining at the time of the Prime and of the termination shall become due and payable to the surety as the Work progresses, subject to all of the terms, covenants, and conditions of the Contract Documents. If the surety does not, within the time specified in Subparagraph 13.3(b), exercise its obligation to assume the obligations of the Contract, or that portion of the Contract which the Owner has ordered the Prime Contractor to discontinue, then the Owner shall have the power to complete the Work by contract or otherwise, as it may deem necessary. The Prime Contractor agrees that the Owner shall have the right to take possession of or use any or all of the materials, plant, tools, equipment, supplies, and property of every kind provided by the Prime Contractor for the purpose of the Work, and to procure other tools, equipment, labor, and materials for the completion of the Work, and to charge to the account of the Prime Contractor the expenses of completion Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D and labor, materials, tools, equipment, and incidental expenses. The expenses incurred by the Owner to complete the Work shall be deducted by the Owner out of the balance of the Contract Sum remaining unpaid to or unearned by the Contractor. The Prime Contractor and the surety shall be liable to the Owner for any costs incurred in excess of the balance of the Contract Sum for the completion and correction of the Work, and for any other costs, damages, expenses (including but not limited to additional fees of the Ar termination. (d) The Owner shall not be required to obtain the lowest bid for the Work of completing the Contract as described in Subparagraph 13.3(c), but the expenses to be deducted from less than the sum which would have been payable under the Contract, if the same had been completed by the Prime Contractor, then the Owner may pay to the Prime Contractor (or the Surety, in the event of a complete termination for cause) the difference in the cost, provided that the Prime Contractor (or the Surety) shall not be entitled to any claim for damages or for loss of anticipated profits. In case such expenses for completion shall exceed the amount which would have been payable under the Contract if the same had been completed by the Prime Contractor, then the Prime Contractor and his Sureties shall pay the amount of the excess to the Owner on notice from the Owner for excess due. When only a particular part of the Work is being carried on by the Owner by contract or otherwise under the provisions of this Subparagraph, the Prime Contractor shall continue the remainder of the Work in conformity with the terms of the Contract, and in such manner as not to hinder or interfere with the performance of workmen employed and provided by the Owner. (e) The unconditional right to terminate this Contract for the convenience of the Owner (including but not limited to non-appropriation of funding) is expressly retained by the Owner. In the event of termination for convenience, the Owner shall deliver at least ten (10) days advance written notice of termination for convenience to the Prime Contractor. Upon the Prime ContractPrime Contractor shall cease the performance of the Work and shall take reasonable and appropriate action to secure and protect the Work in place. The Prime Contractor shall then be reimbursed by the Owner in accordance with the terms and provisions of the Contract Documents, not to exceed actual labor costs incurred, materials stored at the Project site or away from the Project site as approved by the Owner but not yet paid for, plus actual, reasonable, and documented termination charges, if any, paid by the Prime Contractor in connection with the Work in place which is completed and in conformance with the Contract Documents to the date of termination for convenience. No amount shall ever be due to the Prime Contractor for lost or anticipated profits. 13.4 TEMPORARY SUSPENSION OF THE WORK (a) The Work or any portion of the Work may be temporarily suspended by the Owner immediately upon written notice to the Prime Contractor for any reason, including but not limited to: (1) the causes described in Clauses 13.1(a)(1) through (a)(10) above; Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (2) where other provisions in the Contract Documents require or permit temporary suspension of the Work; (3) situations where the Work is threatened by, contributes to, or causes an immediate threat to public health, safety, or security; or (4) other unforeseen conditions or circumstances. (b) The Prime Contractor shall immediately resume the temporarily suspended Work when ordered in writing by the Owner to do so. The Owner shall not under any circumstances be liable for any claim of the Prime Contractor arising from a temporary suspension due to a cause described in Clause (a)(1) above; provided, however, that in the case of a temporary suspension for any of the reasons described under Clauses (a)(2) through (a)(4), where the Prime Contractor is not a contributing cause of the suspension under one of those Clauses or where the provision of the Contract Documents in question specifically provides that the suspension is at no cost to the Owner, the Owner will make an equitable adjustment for the following items, provided that a claim is properly made by the Prime Contractor under Subparagraph 4.3 of these General Conditions: (1) an equitable extension of the Contract Time, not to exceed the actual delay caused by the temporary suspension as determined by the Architect/Engineer and the Owner; (2) an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable costs of properly protecting any Work that is finished or partially finished during the period of the temporary suspension (no profit and overhead shall be allowed on top of these costs); and (3) if it becomes necessary to move equipment from the Project site and then return it to the Project site when the Work is ordered to be resumed, an equitable adjustment to the Contract Sum for the actual, necessary, and reasonable cost of these moves; provided, however, that no adjustment shall be due if the equipment is moved to another Project site of the Owner. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 GOVERNING LAW; COMPLIANCE WITH LAWS AND REGULATIONS (a) This Contract shall be in all things governed by the laws of the State of Texas without regard to conflict of laws principles. (b) The Contractor shall, during the performance of the Work, comply with all applicable City codes and ordinances, as amended, and all applicable State and Federal laws, rules and regulations, as amended. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 14.2 SUCCESSORS AND ASSIGNS The Owner and the Prime Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the promises, covenants, terms, conditions, and obligations contained in the Contract Documents. The Prime Contractor shall not assign, transfer, or convey its interest or rights in the Contract, in part or as a whole, without written consent of the Owner. If the Prime Contractor attempts to make an assignment, transfer, or legally responsible for all obligations under the Contract Documents. The Owner shall not assign any portion of the Contract Sum due or to become due under this Contract without the written consent of the Prime Contractor, except where assignment is compelled or allowed by court order, the terms of the Contract Documents, or other operation of law. 14.3 WRITTEN NOTICE Except as otherwise provided in Article 16, any notice, payment, statement, or demand required or permitted to be given under this Contract by either party to the other may be effected by personal delivery in writing or by mail, postage prepaid to the Project Manager or Superintendent of either party, or to an officer, partner, or other designated representative of either party. Mailed notices shall be addressed to the parties at an address designated by each party, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three (3) days after mailing. 14.4 RIGHTS AND REMEDIES; NO WAIVER OF RIGHTS BY OWNER (a) The duties and obligations imposed on the Prime Contractor by the Contract Documents and the rights and remedies available to the Owner under the Contract Documents shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or made available by law. (b) No action or failure to act by the Owner shall constitute a waiver of a right afforded the Owner under the Contract Documents, nor shall any action or failure to act by the Owner constitute approval of or acquiescence in a breach of the Contract by Prime Contractor, except as may be specifically agreed in writing by Change Order or Supplemental Agreement. 14.5 INTEREST The Owner shall not be liable for interest on any progress or final payment to be made under the Contract Documents, except as may be provided by the applicable provisions of the Prompt Payment Act, Chapter 2251, Texas Government Code, as amended, subject to Paragraph 9.6(a) of these General Conditions. 14.6 OFFICERS OR EMPLOYEES OF THE OWNER NOT TO HAVE FINANCIAL INTEREST IN ANY CONTRACT OF THE OWNER No officer or employee of the Owner shall have a financial interest, direct or indirect, in any Contract with the Owner, or be financially interested, directly or indirectly, in the sale to the Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Owner of any land, materials, supplies or services, except on behalf of the Owner as an officer or employee. Any violation of this article shall constitute malfeasance in office, and any officer or employee of Owner guilty thereof shall thereby forfeit his office or position. Any violation of this section, with the knowledge, express or implied, of the person, persons, partnership, company, firm, association or corporation contracting with the Owner shall render the Contract involved voidable by the Owner's City Manager or City Council. 14.7 VENUE This Contract is deemed to be performed in Denton County, Texas, and if legal action is necessary to enforce this Contract, exclusive venue shall lie in Denton County, Texas. 14.8 INDEPENDENT CONTRACTOR In performing the Work under this Contract, the relationship between the Owner and the Prime Contractor is that of an independent contractor. The Prime Contractor shall exercise independent judgment in performing the Work and is solely responsible for setting working hours, scheduling or prioritizing the Work flow and determining the means and methods of performing the Work, subject only to the requirements of the Contract Documents. No term or provision of this Contract shall be construed as making the Prime Contractor an agent, servant, or employee of the Owner, or making the Prime Contractor or any of the Prime insurance and worker's compensation, which the Owner provides to its employees. 14.9 NONDISCRIMINATION As a condition of this Contract, the Prime Contractor covenants that he will take all necessary actions to insure that, in connection with any work under this Contract, the Prime Contractor and its Subcontractors will not discriminate in the treatment or employment of any individual or groups of individuals on the grounds of race, color, religion, national origin, age, sex, sexual orientation, or handicap unrelated to job performance, either directly, indirectly or through contractual or other arrangements. The Prime Contractor shall also comply with all applicable requirements of the Americans with Disabilities Act, 42 U.S.C.A. §§12101-12213, as amended. In this regard, the Prime Contractor shall keep, retain and safeguard all records relating to his Contract or Work performed thereunder for a minimum period of three (3) years from final Contract completion, with full access allowed to authorized representatives of the Owner, upon request, for purposes of evaluating compliance with this and other provisions of the Contract. 14.10 GIFTS TO PUBLIC SERVANTS (a) The Owner may terminate this Contract immediately if the Prime Contractor has offered, conferred, or agreed to confer any benefit on a City of Denton employee or official that the City of Denton employee or official is prohibited by law from accepting. Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D (b) For purposes of this Article, "benefit" means anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare the beneficiary has a direct or substantial interest, but does not include a contribution or expenditure made and reported in accordance with law. (c) Notwithstanding any other legal remedies, the Owner may require the Prime Contractor to remove any employee of the Prime Contractor from the Project who has violated the restrictions of this Article or any similar State or Federal law, and obtain reimbursement for any expenditures made to the Prime Contractor as a result of the improper offer, agreement to confer, or conferring of a benefit to a City of Denton employee or official. ARTICLE 15 RIGHT TO AUDIT CONTRACTOR'S RECORDS By execution of the Building Construction Services Agreement, the Prime Contractor grants the Owner the right to audit, at the Owner's election, all of the Prime Contractor's records and billings relating to the performance of the Work under the Contract Documents. The Prime Contractor agrees to retain its Project records for a minimum of five (5) years following completion of the Work. The Owner agrees that it will exercise the right to audit only at reasonable hours. City may review any and all of the services performed by Prime Contractor under this Contract. Any payment, settlement, satisfaction, or release made or provided during the course of performance of this ARTICLE 16 NOTICE OF CONTRACT CLAIM This Contract is subject to the provisions of the Denton City Code, as amended, relating to requirements for filing a notice of a breach of contract claim against City. Prime Contractor shall comply with the requirements of this ordinance as a precondition of any litigation relating to this Contract, in addition to all other requirements in this Contract related to claims and notice of claims. Should a conflict arise between any of the contract documents, it shall be resolved with the following order of precedence (if applicable). In any event, the final negotiated contract shall take precedence over any and all contract documents to the extent of such conflict. 1. Final negotiated contract 2. RFP/Bid documents 3. 4. Purchase order 5. Contractor terms and conditions Contract 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D EXHIBIT D PAYMENT AND PERFORMANCE BOND REQUIREMENTS Contractor will be required to furnish original performance and payment bonds for one hundred (100%) percent of the total submission price before work is to commence. The Contractor shall assume all costs in increasing the bond limits if change orders are formally approved. Bonds shall be in accordance with the V.T.C.A Government Code Section 2253.021, as amended, from a surety licensed to do business in the State of Texas. The City, at its option, may waive the payment and performance bond requirements for projects of less than $50,000. Bond forms are attached and shall be returned upon notice of contract award by the City. Bonds should be forwarded to the City of Denton within fourteen (14) calendar days from contract award. This contract is not fully executed until payment and performance bonds are received and accepted by the City. Upon approval, a purchase order will be issued. File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D EXHIBIT E INSURANCE REQUIREMENTS AND COMPENSATION REQUIREMENTS Upon contract execution, all insurance requirements shall become contractual obligations, which the successful contractor shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. Contractor shall file with the Purchasing Department satisfactory certificates of insurance including any applicable addendum or endorsements, containing the contract number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A or better. Any deductibles or self-insured retentions shall be declared in the proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Liability policies shall be endorsed to provide the following: Name as Additional Insured the City of Denton, its Officials, Agents, Employees and volunteers. That such insurance is primary to any other insurance available to the Additional Insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Provide a Waiver of Subrogation in favor of the City of Denton, its officials, agents, employees, and volunteers. File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. Should any of the required insurance be provided under a claims made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: \[X\] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. \[X\] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned hired and non-owned autos. \[X\] addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 Commission (TWCC). \[ \] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be that carries the Contractor's liability insurance. Policy limits will be at least $500,000.00 combined bodily injury and property damage per occurrence with a $1,000,000.00 aggregate. \[ \] Fire Damage Legal Liability Insurance File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. \[ \] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000.00 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. \[X\] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. \[ \] Environmental Liability Insurance Environmental liability insurance for $1,000,000 to cover all hazards contemplated by this contract. \[ \] Riggers Insurance Said coverage may be Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Said coverage shall mirror the limits provided by the CGL coverage \[ \] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. \[ \] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D ATTACHMENT 1 \[X\] Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 2. no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1. provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4. obtain from each other person with whom it contracts, and provide to the contractor: a. a certificate of coverage, prior to the other person beginning work on the project; and b. a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5. retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D materially affects the provision of coverage of any person providing services on the project; and 7. Contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. Th by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Exhibit F Certificate of Interested Parties Electronic Filing In 2015, the Texas Legislature adopted House Bill 1295, which added section 2252.908 of the Government Code. The law states that the City may not enter into this contract unless the Contractor submits a disclosure of interested parties (Form 1295) to the City at the time the Contractor submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Commission. Contractor will be required to furnish a Certificate of Interest Parties before the contract is awarded, in accordance with Government Code 2252.908. The contractor shall: 1. Log onto the State Ethics Commission Website at : https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm 2. Register utilizing the tutorial provided by the State 3. Print a copy of the completed Form 1295 4. Enter the Certificate Number on page 2 of this contract. 5. Complete and sign the Form 1295 6. Email the form to purchasing@cityofdenton.com with the contract number in the subject line. (EX: Contract 1234 Form 1295) The City must acknowledge the receipt of the filed Form 1295 not later than the 30th day after Council award. Once a Form 1295 is acknowledged, it will be posted to the Texas Ethics File # 7005 DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D 9ǣŷźĬźƷ D Ώ tƩźĭźƓŭ tƩƚƦƚƭğƌ LC. ϔАЉЉЎ Ώ bƚƩƷŷ \[ğƉĻƭ wĻĭƩĻğƷźƚƓ /ĻƓƷĻƩ DǤƒ CƌƚƚƩ wĻƦƌğĭĻƒĻƓƷ tƚƓķĻƩ /ƚƒƦğƓǤͲ LƓĭ͵ 1Respondent's Name: Principal Place of Business (City and State) 2 5ğƌƌğƭͲ Respondent is a Corporation, Partnership, sole Proprietorship, Individual? 3 Corporation Total calendar days to mobilize after Notice to Proceed is issued by City (maximum 14 4 days): 14 Total calendar days after mobilization on site for substantial completion: 514 ƚƷğƌ ķğǤƭ ŅƩƚƒ bƚƷźĭĻ Ʒƚ tƩƚĭĻĻķ Ʒƚ {ǒĬƭƷğƓƷźğƌ /ƚƒƦƌĻƷźƚƓ 28 tƩźĭźƓŭʹ LƷĻƒ ϔ vǒğƓƷźƷǤ hatƩƚķǒĭƷ 5ĻƭĭƩźƦƷźƚƓ ƓźƷ tƩźĭĻ 61LS Flooring Material and Installation$ 72,745.00 71LS Custom Center Court LOGO$ 2,228.00 81LS Painting of game lines and markingsIncluded 91LS Installation of rubber baseIncluded 101LS installation of Game Standard Sleeves$ 6,600.00 111LS Cost of all permits and feesIncluded 121LS Selective Demolition$ 13,340.00 131LS General Conditions and misc items not included in aboveN/A 14Subtotal of Base Bid amount total to construct project per specifications:$ 94,913.00 15Contingency of 5% of base bid$ 4,745.65 16Payment and Performance Bonds$ 936.80 17ƚƷğƌ .źķ ğƒƚǒƓƷ Ʒƚ ĭƚƓƭƷƩǒĭƷ ǞźƷŷ ĬƚƓķƭυ ЊЉЉͲЎВЎ͵ЍЎ DocuSign Envelope ID: 6EAF1742-B3E4-4A89-887A-02F72397373D Exhibit CONFLICT OF INTEREST QUESTIONNAIRE - FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. 1 2 Check this box if you are filing an update to a previously filed questionnaire. th (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7 business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of one percent or more? Yes No D. Describe each employment or business and family relationship with the local government officer named in this section. 4 I have no Conflict of Interest to disclose. 5 Signature of vendor doing business with the governmental entity Date Certificate Of Completion Envelope Id: 6EAF1742B3E44A89887A02F72397373DStatus: Sent Subject: Please DocuSign: City Council Contract 7005 North Lakes Gym Floor Replacement Source Envelope: Document Pages: 83Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 1Jamie Cogdell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Jamie.Cogdell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jamie CogdellLocation: DocuSign 5/15/2019 11:38:23 AM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 5/15/2019 11:45:07 AM Completed jamie.cogdell@cityofdenton.comViewed: 5/15/2019 11:45:14 AM Senior BuyerSigned: 5/15/2019 11:46:38 AM Using IP Address: 129.120.6.150 City Of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori HewellSent: 5/15/2019 11:46:41 AM lori.hewell@cityofdenton.comViewed: 5/15/2019 12:52:39 PM Purchasing ManagerSigned: 5/15/2019 12:53:15 PM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack ReinwandSent: 5/15/2019 12:53:17 PM mack.reinwand@cityofdenton.comViewed: 5/15/2019 1:11:11 PM City of DentonSigned: 5/17/2019 10:29:13 AM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Abby MitchellSent: 5/17/2019 10:29:16 AM abby@ponder.comViewed: 5/17/2019 10:34:31 AM COOSigned: 5/17/2019 10:38:03 AM Ponder Company, Inc. Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 72.16.237.102 (None) Electronic Record and Signature Disclosure: Accepted: 5/17/2019 10:34:31 AM ID: 9feeb2e5-3f88-4e2e-81d7-d3f5f77f61de Signer EventsSignatureTimestamp Mario CanizaresSent: 5/17/2019 10:38:06 AM mario.canizares@cityofdenton.comViewed: 5/20/2019 2:52:58 PM Deputy City ManagerSigned: 5/20/2019 2:53:28 PM City Manager's Office Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 129.120.6.150 (None) Electronic Record and Signature Disclosure: Accepted: 5/20/2019 2:52:58 PM ID: 458e96db-e86d-416b-bdc2-17576a566a84 Tabitha MillsopSent: 5/20/2019 2:53:31 PM tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd Hileman Todd.Hileman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Tabitha MillsopSent: 5/15/2019 11:46:40 AM tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 5/15/2019 11:46:41 AM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Saltsman david.saltsman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Christian Garcia christian.garcia@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted5/20/2019 2:53:31 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1174,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,approvingaCityco-sponsorshipinanamountnotto exceed$18,167ofin-kindservicesandresourcesfortheDentonJuneteenthCelebration,whichwillbeheldon Friday,June14,2019,from6:00p.m.to11:30p.m.,andSaturday,June15,2019,from8:00a.m.to12:00a.m., at the Fred Moore Park; and providing an effective date. City of DentonPage 1 of 1Printed on 5/31/2019 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: Sara Hensley, Assistant City Manager DATE: June 4, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, approving a City co-sponsorship in an amount not to exceed $18,167 of in-kind services and resources for the Denton Juneteenth Celebration, which will be held on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m., and Saturday, June 15, 2019, from 8:00 a.m. to 12:00 a.m., at the Fred Moore Park; and providing an effective date. BACKGROUND The 49th Annual Denton Juneteenth Celebration is organized by a non-profit volunteer committee that serves to actively preserve and promote the broad spectrum of African American heritage through educational and cultural activities that benefit the community. This event will be held at Fred Moore Park on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m., and Saturday, June 15, 2019, from 8:00 a.m. to 12:00 a.m. This celebration will include -on-3 basketball tournament, flag football . Event organizers anticipate 5,000 in attendance. The Denton Juneteenth Celebration Committee is requesting the City of Denton participate as a co-sponsor for in-kind services and resources for staff, equipment, supplies, facilities, security, a fire permit, and use of Fred Moore Park. In exchange for the support, the City of Denton will be considered an event co-sponsor ata level equal to the value of fees waived. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On June 5, 2018, City Council authorized a co-sponsorship not to exceed $15,150 under ordinance 18-875. FISCAL INFORMATION The following fees represent the value of in-kind services, personnel, and resources not to exceed $18,167. Parks and Recreation Department $1,875 Value based on the rental fees for Fred Moore Park. $1,539 Value based on the cost of supplies and equipment needed to provide in-kind services. $5,066 Value based on 2018 actual expenses for regular and overtime personnel hours. $30 Value based on Special Event Application fee. Police Department $8,928 Value based on 2018 actual expenses for regular and overtime personnel hours. Fire Department $200 Value based on the Fire Operations Permit Fee Including this event, the City Council will have authorized a total of $263,800 in co-sponsorship support for eleven community events in the current fiscal year. A provision added to the Co-sponsorship Letter alerts event organizers of their responsibility for damages caused to City property, beyond normal wear and tear, during the hosting of their events. All co-sponsorships where City facilities or services are requested for free or at a reduced rate require City Council approval. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Exhibit 3 Sponsorship Approval Letter Respectfully submitted: Gary Packan Parks and Recreation Director Prepared by: Jennifer Eusse Special Event Supervisor IN-KIND SUPPORT $17,638.45 PERSONNEL HOURS | Based on 2018 Actuals Actual Event Hours Parks and RecTOTAL HOURS źƒĻ /ƚķĻwĻŭǒƌğƩhǝĻƩƷźƒĻ Park Maintenance37.5089.25126.75 PARD Staff110.00110.00 Total Parks and Rec Hours 236.75 Actual Event Hours Police Dept.TOTAL HOURS źƒĻ /ƚķĻwĻŭǒƌğƩhǝĻƩƷźƒĻ Police Officers150.00150.00 Fire Dept.Actual Event Expenses TOTAL Fire Permit$200.00 ALL PERSONNEL EXPENSES | Based on 2018 Actuals Parks and Rec Actual Event Expenses TOTAL źƒĻ /ƚķĻwĻŭǒƌğƩhǝĻƩƷźƒĻ Park Maintenance$726.50$2,241.68$2,968.18 PARD Staff$2,097.35$2,097.35 Total Expenses$5,065.53 Actual Event Expenses Police Dept.TOTAL źƒĻ /ƚķĻwĻŭǒƌğƩ hǝĻƩƷźƒĻ Police Officers$8,928.18$8,928.18 Total Expenses$8,928.18 PARKS AND REC FACILITY RENTALS | Based on Fee Ordinance Rental FeesHoursHourly FeeHoursTOTAL Fred Moore Park$7525$1,875.00 Special Event Permit$30.00 Total Fees Waived$1,905.00 PARKS AND REC EQUIPMENT | Equipment and Supplies Supply DescriptionsHoursCost per hourTOTAL 1 Ton Truck 3.25$26.00$84.50 3/4 Ton Truck 1$22.73$22.73 Bucket Truck 0.75$50.00$37.50 Utility Vehicles 6$22.00$132.00 Total Value$276.73 PARKS AND REC SUPPLIES | Based on 2018 Actuals Supply DescriptionsUnitsCost per UnitTOTAL 55 Gal. Refuse Trash Bags1$45.00$45.00 Portable Water Hose10$40.00$400.00 Field Marking Paint30$4.67$140.10 Janiutorial Supplies$290.84 Dumster 20 yard$387.07 Total Supply Expenses$1,263.01 $17,638.45 t͵h͵ .ƚǣ ЎЊЋВЊͲ 5ĻƓƷƚƓͲ Ļǣğƭ АЏЋЉЏ ΛВЍЉΜ ЌЍВΏБЎАЎ E XECUTIVE C OMMITTEE March 25, 2019 Cheylon Brown Chairperson Dear City Council: Willie Hudspeth Vice-Chairperson Excitement is building as we approach the 49th Anniversary of the City of Denton Meredith Smith Juneteenth Celebration! We have great things planned and are looking forward to your Secretary support. The Denton Juneteenth Celebration Committee serves as a non-profit volunteer Sharetta Lee group whose mission is to actively preserve and promote the broad spectrum of African Treasurer American heritage through educational and cultural activities that benefits the City of Denton community. The funds raised will be used for various events the Committee S UB-C OMMITTEES hosts throughout the year. Entertainment/Gospel Constance Pullam The events scheduled for the 2018-2019 fiscal year include a Farmer’s Market, Miss Juneteenth Pageant, Leadership Conference, 3-on-3 Basketball Tournament, Flag Athletics Football Tournament, Softball Tournament, Parade, “Freedom to Grow” Hometown Keanna Stallings Bobby Givens Heroes Reception, Children’s Games, and live music during the Gospel Extravaganza (Friday) and the Hip Hop Explosion (Saturday). At the 2018 Celebration over 5000 Vendors Bobby Givens people attended the 2-day event. We anticipate that the growth of the event will be Clark Coleman phenomenal! Promotions/Photography Anthony Caraway Therefore, we need your help. We would like to continue the co-sponsorship with the City of Denton for our 2019 Celebration. Specifically we are requesting the following Pageant Constance Pullam in-kind donations: Volunteer Coordinator Waiver of the Special Event Permit fee Sharetta Lee Waiver of the Park Rental Fee Regular & OT hours for Denton Police Department officers Regular & OT hours for park maintenance personnel Regular & OT hours for Denton Fire Dept. & EMS personnel Thanks in advance for your support of the Denton Juneteenth Celebration. If you have any questions, please contact Sharetta Lee at 940-597-8639 or scleemc@hotmail.com for more information. We appreciate you for helping us create “ ƓźƷǤ źƓ ƷŷĻ /ƚƒƒǒƓźƷǤ.” Sincerely, The Denton Juneteenth Celebration Committee БЏ “A reflection of our past, a celebration of our FREEDOM!” www.juneteenthdentontx.org Exhibit 3 City of Denton Parks and Recreation Department 601 E. Hickory St., Suite B, Denton, TX 76201 (940) 349-7275 June 4, 2019 Mrs. Sharetta C. Lee Treasurer, Denton Juneteenth Celebration Committee Dear Mrs. Lee: On June 4, 2019, your co-sponsorship request was approved by City Council in an amount not to exceed $18,167 of in-kind services and resources provided by the City of Denton for the Denton Juneteenth Celebration which will be held on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m., and Saturday, June 15, 2019, from 8:00 a.m. to 12:00 a.m., at the Fred Moore Park, conditioned upon your compliance with the conditions set forth below. The City of Denton is proud to be a co-sponsor in of support to the celebration as outlined below. As part of the approval process, City Council may request to see a report of revenues and expenses for the 2019 Denton Juneteenth Celebration included in future requests. The following is a summary of in-kind support and the co-sponsorship role assumed by the City of Denton and the Denton Juneteenth Celebration Committee. City of Denton Parks and Recreation and Police Departments Parks and Recreation Department Value based on the rental fees for Fred Moore Park. $1,875 $1,539 Value based on the cost of supplies and equipment needed to provide in-kind services. Value based on 2018 actual expenses for regular and overtime personnel hours. $5,065.53 Value based on Special Event Application fee. $30 Police Department Value based on 2018 actual expenses for regular and overtime personnel hours. $8,928 Fire Department Value based on the Fire Operations Permit Fee $200 OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service ADA/EOE/ADEA www.cityofdenton.com TDD (800) 735-2989 In consideration of the above support, the Denton Juneteenth Celebration Committee (hereby ) agrees to the following conditions: 1. Event organizers will provide all planning, management, and organization for the event. 2. Event organizers will submit a completed Special Event Application with a layout of the vendor locations, public safety plan, site map, litter, recycling agreement, and schedule of events to the Special Events Supervisor prior to the event. 3. Event organizers are responsible for securing all permits, licenses, insurance, and approvals necessary to host the event as stated in permit applications. The Special Events Supervisor will provide information to help facilitate these processes if needed. 4. Event organizers assume all liability whatsoever in connection with the Denton Juneteenth Celebration, including but not limited to any damages to City property, whatever the cause, while hosting this event, and agrees to reimburse the City for reparations within thirty (30) calendar days of receipt of a notice/invoice. 5. Event organizers will promote the event as a "Litter Free Event" in accordance to Resolution R2008-004 for events held on City property and agree to promote recycling and ensure that Denton parks are free from litter resulting from the event. 6. Event organizers will charge and collect all Park Vendor Fees consistent with the Schedule of Fees and remit these fees within five working days after the event. 7. Event organizers and vendors are responsible for their own set-up and take-down, including tents, lighting, etc., before and after the event. The City will not provide labor for vendors. 8. The City of Denton will be recognized as a co-sponsor at the appropriate level in promotional and advertising materials. Use of the City logo must be submitted to the Special Events Supervisor for approval from the Parks and Recreation Department. The City of Denton is excited about the Denton Juneteenth Celebration and its continued success. Sincerely, Jennifer Eusse Special Events Supervisor I hereby state that I am a duly authorized representative with the power to agree to the foregoing conditions required for a City of Denton co-sponsorship and hereby do agree to the conditions. ____________________________________ __________________________ Sharetta C. Lee, Treasurer Date Denton Juneteenth Celebration 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1187,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,grantingtheDentonJuneteenthCelebration Committeeanoiseexception,pursuanttosection17-20oftheCityofDentonCodeofOrdinances,forthe DentonJuneteenthCelebration,whichwillbeheldonFriday,June14,2019,from6:00p.m.to11:30p.m. andSaturday,June15,2019,fromto8:00a.m.to12:00a.m.attheFredMoorePark;grantinganincreasein soundlevelsfrom70to75dbaandavarianceinhoursofoperationforamplifiedsoundlevelsforanoutdoor event; and providing an effective date. City of DentonPage 1 of 1Printed on 5/30/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation ACM: Sara Hensley, Assistant City Manager DATE: June 4, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, granting the Denton Juneteenth Celebration Committee a noise exception, pursuant to section 17-20 of the City of Denton Code of Ordinances, for the Denton Juneteenth Celebration, which will be held on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m. and Saturday, June 15, 2019, from to 8:00 a.m. to 12:00 a.m. at the Fred Moore Park; granting an increase in sound levels from 70 to 75 dba and a variance in hours of operation for amplified sound levels for an outdoor event; and providing an effective date. BACKGROUND The Denton Juneteenth Celebration Committee, requests an exception to the noise ordinance in sound levels from 70 to 75 dba and a variance in hours of operation for amplified sound levels on Friday, June 14, 2019, from 6:00 p.m. to 11:30 p.m. and Saturday, June 15, 2019, from 8:00 a.m. to 12:00 a.m. at the Fred Moore Park. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On June 5, 2018, City Council approved an exception to the noise ordinance for the Denton Juneteenth Celebration under Ordinance 18-876. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Gary Packan Parks and Recreation Director Prepared by: Jennifer Eusse Special Event Supervisor t͵h͵ .ƚǣ ЎЊЋВЊͲ 5ĻƓƷƚƓͲ Ļǣğƭ АЏЋЉЏ ΛВЍЉΜ ЌЍВΏБЎАЎ E XECUTIVE C OMMITTEE April 8, 2019 Cheylon Brown Chairperson Willie Hudspeth Dear City Council: Vice-Chairperson The Denton Juneteenth Celebration Committee is requesting an exception of the Noise Meredith Smith Secretary Ordinance for our annual celebration at Fred Moore Park. This request is for June 14-15, 2019. We are also requesting an increase in decibels from 70 to 75 with the hours for Sharetta Lee Treasurer amplified sound on Friday to be extended from 10 p.m. to 11:30 p.m. and on Saturday until midnight. S UB-C OMMITTEES Entertainment/Gospel Constance Pullam Sincerely, Athletics Keanna Stallings Bobby Givens The Denton Juneteenth Celebration Committee Vendors Bobby Givens Clark Coleman Promotions/Photography Anthony Caraway Pageant Constance Pullam Volunteer Coordinator Sharetta Lee БЏ “A reflection of our past, a celebration of our FREEDOM!” www.juneteenthdentontx.org City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1190,Version:1 AGENDA CAPTION Consider approval of the minutes of May 21, 2019. City of DentonPage 1 of 1Printed on 5/30/2019 powered by Legistar™ CITY OF DENTON CITY COUNCIL MINUTES May 21, 2019 After determining that a quorum was present, the City Council of the City of Denton, Texas convened in a Work Session on Tuesday, May 21, 2019, at 11:35 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, Deb Armintor, and Paul Meltzer ABSENT: Council Member John Ryan Also present were City Manager Todd Hileman and City Attorney Aaron Leal. WORK SESSION 1. Citizen Comments on Consent Agenda Items None. 2. Requests for clarification of agenda items listed on this agenda Consent Item 4.O (ID 19-1087) As requested, staff provided clarification regarding striping and painting. (Briggs) Consent Item 4.K (ID 19-1051) As requested, staff provided clarification on probation tracking software. (Armintor) Consent Item 4.E (ID 19-1035) As requested, staff provided clarification on the cleaning of trash receptacles. (Hudspeth) 3. Work Session Reports A. ID 19-916 Receive a report, hold a discussion and give staff direction regarding the Denton Energy Center ("DEC") External Sound Level Study. The presentation was made and discussion followed. The City Council convened into a Closed Meeting at 12:31 p.m. under Consultation with the City Attorney per Texas Government Code, Section 551.071. The Closed Meeting ended at 12:43 p.m. The Work Session was reconvened at 12:47 p.m. Following discussion, staff was directed to prepare the item for an RFP, pursue other available options, and establish clear communication with the resident. City of Denton City Council Minutes May 21, 2019 Page 2 B. ID 19-607 Receive a report, hold a discussion, and give staff direction regarding funding options and recommendations to strengthen the housing crisis response system and homelessness initiatives in Denton County, including an option to increase shelter availability. The presentation was made and discussion followed. Following discussion, staff was directed to prepare the item for presentation at a future meeting. The meeting was recessed for a short break at 2:35 p.m. and reconvened at 2:46 p.m. F. DCA18-0009s Receive a report, hold a discussion, and provide staff direction on the 2019 Development Code and City Initiated Zoning Changes. The presentation was made and discussion followed. Following discussion, staff was directed to prepare the item for presentation at a future meeting. C. ID 19-1134 Receive a report, hold a discussion, and provide staff direction regarding the use of the Denton Civic Center and requests for the waiver of associated fees. The presentation was made and discussion followed. Following discussion, staff was directed to prepare the item for presentation at a future meeting. The meeting was recessed for a short break at 4:10 p.m. and reconvened at 4:23 p.m. D. ID 19-1107 Receive a report, hold a discussion, and give staff direction regarding the Solid and brush collection, and bulk waste collection services. The presentation was made and discussion followed. Following discussion, staff was directed to prepare the item for presentation at a future meeting. CLOSED MEETING 1. The City Council convened into a Closed Meeting at 5:30 p.m. consistent with Chapter 551 of the Texas Government Code, as amended, or as otherwise allowed by law, as follows: City of Denton City Council Minutes May 21, 2019 Page 3 A. ID 19-1093 Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. pertaining to the status, strategy, and possible resolution of condemnation case styled City of Denton v. Robert P. Donnelly, Cause Number PR-2018-01099, pending in the Probate Court of Denton County, Texas, where discussion of these legal matters in an open meeting ty of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of The Closed Meeting started at 5:37 p.m. and ended at 5:56 p.m. No votes or actions were taken in the Closed Meeting. The Work Session was reconvened at 6:00 p.m. Mayor Pro Tem Hudspeth served as Presiding Officer for the remainder of the work session. 3. Work Session Reports (CONTINUED) E. ID 19-1108 Receive a report, hold a discussion, and give staff direction regarding the Solid The presentation was made and discussion followed. Following discussion, staff was directed to prepare the item for presentation at a future meeting. G. ID 19-1147 Receive a report, hold a discussion, and give staff direction regarding the recent legislative changes involving Denton County Transportation Authority (DCTA), including nominations and appointments to represent the City of Denton on the DCTA Board of Directors. This presentation was included as part of Item 5.J (ID 19-1148) in the Regular Meeting which followed. REGULAR MEETING After determining that a quorum was present, the Regular Meeting was called to order at 6:35 p.m. in the Council Chambers. PRESENT: Mayor Chris Watts, Mayor Pro Tem Gerard Hudspeth and Council Members Keely Briggs, Jesse Davis, John Ryan, Deb Armintor, and Paul Meltzer ABSENT: None City of Denton City Council Minutes May 21, 2019 Page 4 Also present were City Manager Todd Hileman and City Attorney Aaron Leal. 1. PLEDGE OF ALLEGIANCE A. U.S. Flag B. Texas Flag 2. PROCLAMATIONS/PRESENTATIONS A. ID 19-717 Christchurch Mosque Shooting Remembrance - ISSUED B. ID 19-1096 Concern for the Hungry Day - ISSUED 3. PRESENTATION FROM MEMBERS OF THE PUBLIC A. Review of procedures for addressing the City Council. B. Receive Scheduled Citizen Reports from Members of the Public. 1. ID 19-1111 Nell Yeldell regarding Social Security tells her she owns property on the wrong block; city records are wrong NOT PRESENTED C. Additional Citizen Reports (Open Microphone). None. 4. CONSENT AGENDA The consent agenda consisted of Items 4.A-V. No items were pulled for individual consideration. Council Member Ryan moved to adopt the Consent Agenda consisting of items 4.A-V. Motion seconded by Council Member Davis. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None A. ID 19-942 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, approving a grant application from Brad Andrus, representing LAD Ventures, LLC, located at 101 W. Hickory Street, from the Downtown Reinvestment Grant Program not to exceed $25,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (10-0). ASSIGNED ORDINANCE NO. 19-942 City of Denton City Council Minutes May 21, 2019 Page 5 B. ID 19-943 Consider adoption of an ordinance of the City Council of the City of Denton, Texas, located at 111 W. Industrial Street, from the Downtown Reinvestment Grant Program not to exceed $10,000; and providing for an effective date. The Economic Development Partnership Board recommends approval (11-0). ASSIGNED ORDINANCE NO. 19-943 C. ID 19-1033 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract through the Buy Board Cooperative Purchasing Network Contract Number 527-17 for the acquisition of LED Street Lights for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 7067 - awarded to Dealers Electric Supply Co., in the not-to-exceed amount of $200,000). The Public Utilities Board recommends approval (6-0). ASSIGNED ORDINANCE NO. 19-1033 D. ID 19-1034 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Holt CAT through the Sourcewell Cooperative Purchasing Network Contract Number 032515, for the acquisition of one (1) Caterpillar model 836K Compactor for the Solid Waste Department; authorizing the expenditure of funds therefor; and declaring an effective date (File 7058 - awarded to Caterpillar Inc. dba Holt CAT, in the not-to-exceed amount of $203,238.56). The Public Utilities Board recommends approval (6-0). ASSIGNED ORDINANCE NO. 19-1034 E. ID 19-1035 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Entrust One Facility Services, Inc., for cleaning services for the City of Denton Downtown Square and Cedar, Hickory, and Industrial Streets; providing for the expenditure of funds therefor; and providing an effective date (RFP 6988-awarded to Entrust One Facility Services, Inc., for one (1) year, with the option for four (4) additional one (1) year extensions, in the total five (5) year not-to-exceed amount of $185,000). ASSIGNED ORDINANCE NO. 19-1035 F. ID 19-1040 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with L.J. Power, Inc., for the supply of generator services; providing for the expenditure of funds therefor; and providing an effective date (IFB 7037- awarded to L.J. Power, Inc., in the five (5) year not-to-exceed amount of $750,000). ASSIGNED ORDINANCE NO. 19-1040 G. ID 19-1042 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Staples Contract and Commercial, LLC, through the Buy Board Cooperative Purchasing City of Denton City Council Minutes May 21, 2019 Page 6 Network Contract Numbers 584-19, 579-19, 576-18 and 569-18 for the acquisition of Office Supplies and Equipment, Furniture, Technology Equipment, Products, Services and Software, and Custodial Supplies and Equipment, for the City of Denton through an online marketplace; providing for the expenditure of funds therefor; and providing an effective date (File 6838 - awarded to Staples Contract and Commercial, LLC, in the five (5) year not-to- exceed amount of $2,500,000). ASSIGNED ORDINANCE NO. 19-1042 H. ID 19-1045 Consider adoption of an ordinance of the City of Denton releasing, abandoning, and vacating a 0.152 acre public access easement granted to the City of Denton by Windjammer, ltd., recorded as Instrument No. 2005-11369 in the Real Property Records, Denton County, Texas; providing for severability and an effective date. (EAR19-0001 Unicorn Lake Addition, Shoreline Drive turn-around easement abandonment - Mark Laird) ASSIGNED ORDINANCE NO. 19-1045 I. ID 19-1046 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Home Depot U.S.A., Inc., through the U.S. Communities Cooperative Purchasing Program Contract Number 16154 and 170009 for procurement fulfillment of Maintenance, Repair, Operating Supplies, Industrial Supplies, and related Products for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 7001 - awarded to Home Depot U.S.A., Inc., in the five (5) year not-to-exceed amount of $300,000). ASSIGNED ORDINANCE NO. 19-1046 J. ID 19-1047 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract Purchasing Alliance (National IPA) Cooperative Purchasing Program Contract Number R142104 for procurement fulfillment of Maintenance, Repair and Operations (MRO) Supplies and Related Services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (File 7002 - (5) year not-to-exceed amount of $425,000). ASSIGNED ORDINANCE NO. 19-1047 K. ID 19-1051 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Tyler Technologies, Inc., through the Sourcewell Cooperative Purchasing Network Contract Number 110515, for Case Management, Probation Tracking and Mobile Electronic Citation Software for Municipal Courts and Public Safety; providing for the expenditure of funds therefor; and providing an effective date (File 7074 - awarded to Tyler Technologies, Inc., in the five (5) year not-to-exceed amount of $767,551.) ASSIGNED ORDINANCE NO. 19-1051 City of Denton City Council Minutes May 21, 2019 Page 7 L. ID 19-1053 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager, or his designee, to execute a contract with Stripe-A-Zone, Inc., through an Interlocal Cooperative Purchasing Agreement with the City of Grand Prairie, Bid Number 16113, under the Government Code, Chapter 791.001, to authorize City of Denton contracts for pavement markings services; authorizing the expenditure of funds therefor; and declaring an effective date (File 7077 -awarded to Stripe- A-Zone, Inc., in the not-to-exceed amount of $320,000). ASSIGNED ORDINANCE NO. 19-1053 M. ID 19-1078 Consider adoption of an ordinance of the City of Denton prohibiting on-street parking along the north side of Underwood Street between Avenue B and McCormick Street; providing a repealer clause, providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. Traffic Safety Commission approves 6-0. ASSIGNED ORDINANCE NO. 19-1078 N. ID 19-1079 Consider adoption of an ordinance of the City of Denton prohibiting on-street parking along the east side of Bernard Street from Willowwood Street to Acme Street; providing a repealer clause; providing a savings clause; providing for a penalty not to exceed $500 for violations of this ordinance; providing that violations of this ordinance shall be governed by Chapter 18 of the Code of Ordinances of the City of Denton; and providing for an effective date. Traffic Safety Commission approved 6-0. ASSIGNED ORDINANCE NO. 19-1079 O. ID 19-1087 Consider adoption of an ordinance of the City of Denton approving revisions to the bicycle share permit program to extend the term thereof; confirming the rules and regulations for the program and the provisions for enforcement thereof; establishing a fee schedule for the permit program; providing a penalty clause; providing a severability clause; and declaring an effective date. ASSIGNED ORDINANCE NO. 19-1087 P. ID 19-1094 Consider approval of a Resolution of the City Council of the City of Denton, Texas ratifying and approving a list of properties as historically significant sites in need of tax relief to encourage their preservation, pursuant to the terms and limitations of Article VI of Chapter 10 of the Denton Code of Ordinances; and providing an effective date. (ID 19- 1094, Roman McAllen) ASSIGNED RESOLUTION NO. 19-1094 Q. ID 19-1109 Consider adoption of an ordinance approving a second amendment to the employment agreement for the Presiding Judge and authorizing the Mayor to execute said amendment to the agreemen per day to $325 per day for magisterial services required and provided by her on Saturdays, Sundays, and holidays; authorizing expenditures, and providing an effective date. ASSIGNED ORDINANCE NO. 19-1109 City of Denton City Council Minutes May 21, 2019 Page 8 R. ID 19-1110 Consider adoption of an ordinance approving a first amendment to the contract for services for Assistant Judges, Alison Grant, Ann Poston, Brian S. Holman, Dennis Engler, and James Horton, and authorizing the Mayor to execute said amendment to the their magisterial services provided on Saturdays, Sundays, and Holidays from $165 to $325 per day and an increase in their compensation rate from $70 to $100 for other services; authorizing expenditures; and providing an effective date. ASSIGNED ORDINANCE NO. 19-1110 S. ID 19-1115 Consider approval of a resolution amending Resolution No. 18-637 to extend the term of the Development Code Review Committee, to review all proposed revisions to the Denton Development Code and make recommendations to City Council regarding the proposed revisions; providing a repealer clause; and establishing an effective date. ASSIGNED RESOLUTION NO. 19-1115 T. ID 19-1116 Consider approval of the minutes of May 6, May 7, and May 14, 2019. U. ID 19-1135 Consider adoption of an ordinance of the City of Denton, ratifying a City co- sponsorship in an amount not to exceed $2,231 of in-kind services and resources for Bridging Hope Ministries Food for the Less Fortunate Event, which was held on Sunday, January 20, 2019, Sunday, February 10, 2019, and Sunday, March 3, 2019, at the Denton Civic Center; and providing an effective date. ASSIGNED ORDINANCE NO. 19-1135 V. ID 19-1136 Consider adoption of an ordinance of the City of Denton, ratifying a City co- sponsorship in an amount not to exceed $2,141 of in-kind services and resources for the 14, 2019, at the Denton Civic Denton; and providing an effective date. ASSIGNED ORDINANCE NO. 19-1136 5. ITEMS FOR INDIVIDUAL CONSIDERATION A. ID 19-824 Consider approval of a resolution appointing a member to the Board of Directors of the Texas Municipal Power Agency, a Joint Powers Agency, representing the City of Denton, Texas; and declaring an effective date. ASSIGNED RESOLUTION NO. 19-824 The presentation was made and discussion followed. Council Member Briggs moved to appoint Mayor Watts representative on the Board of Directors of the Texas Municipal Power Agency. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. City of Denton City Council Minutes May 21, 2019 Page 9 AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None B. ID 19-1027 Consider adoption of an ordinance of the City of Denton approving a revision to an interlocal agreement between the City of Denton and the University of North Texas for a Bike Share Program owned and administered by the University of North Texas; and providing an effective date. ASSIGNED ORDINANCE NO. 19-1027 Council Member Armintor and Council Member Meltzer had a conflict of interest and left the Council Chambers. The presentation was made and discussion followed. Council Member Briggs moved to adopt the item as presented. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (5): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, and Ryan NAYS (0): None ABSTAIN (2): Council Members Armintor and Meltzer C. ID 19-1083 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the Mayor to execute an Interlocal Cooperation Agreement with Denton County, Texas, a duly organized political subdivision of the State of Texas, for the installation of bridge guardrails, a roadway safety improvement along Hickory Creek Road, in an amount not to exceed Thirty-Five Thousand Dollars ($35,000.00); authorizing the expenditure of funds thereof; and declaring an effective date. ASSIGNED ORDINANCE NO. 19-1083 Council Member Davis had a conflict of interest and left the Council Chambers. The presentation was made with no discussion following. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Ryan, Armintor, and Meltzer NAYS (0): None ABSTAIN (1): Council Member Davis City of Denton City Council Minutes May 21, 2019 Page 10 D. ID 19- Committees: Board of Ethics, Committee on Persons with Disabilities, Health & Building Standards Commission, Historic Landmark Commission, Special Citizens Bond Advisory Committee, and Zoning Board of Adjustment. ASSIGNED ORDINANCE NO. 19-1099 No discussion was held. Council Member Briggs moved to appoint the following as noted: Board of Ethics: Charla Bradshaw Special Citizens Bond Advisory Committee: Pati Haworth, John Crew, Diana Leggett, Suzanne Rumohr, and Eric Pruett Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None E. ID 19-929 Consider approval of a resolution of the City Council of the City of Denton nominating Tyson Sales and Distribution Inc. to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank as an Enterprise Project; and providing an effective date. The Economic Development Partnership Board recommends approval (6-1). ASSIGNED RESOLUTION NO. 19-929 The presentation was made and discussion followed. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (3): Council Members Briggs, Armintor, and Meltzer F. ID 19-1031 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with Jagoe-Public Company, Inc., for the construction of the PEC 4 Drainage Improvements Phase 1 and 2 and Elm, and Locust Water and Sewer Improvements Phase 1 for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 6900-001 - awarded to Jagoe-Public Company, Inc., in the not-to-exceed amount of $10,960,623.19). The Public Utilities Board recommends approval (5-0). ASSIGNED ORDINANCE NO. 19-1031 City of Denton City Council Minutes May 21, 2019 Page 11 The presentation was made and discussion followed. Council Member Armintor moved to approve the item with the condition that there be continual communication as to historical documentation of the area. Motion seconded by Council Member Briggs. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None G. ID 19-1032 Consider adoption of an ordinance of the City of Denton, Texas, a Texas home- rule municipal corporation, authorizing the City Manager to execute a Public Works Contract with Rey-Mar Construction for the construction of the Hickory Creek lift station for the City of Denton, providing for the expenditure of funds therefor; and providing an effective date. (IFB 6894 - awarded to Rey-Mar Construction, in the not-to-exceed amount of $3,418,000). The Public Utilities Board recommends approval (6-0). ASSIGNED ORDINANCE NO. 19-1032 The presentation was made with no discussion following. Council Member Ryan moved to approve the item as presented. Motion seconded by Council Member Meltzer. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None H. ID 19-1054 Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract with DDM Construction Corporation, for the construction of the North Bonnie Brae Street at Scripture Street Roundabout Project for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (IFB 7027 - awarded to DDM Construction Corporation, in the amount of $2,905,536.70). ASSIGNED ORDINANCE NO. 19-1054 The presentation was made and discussion followed. Mayor Pro Tem Hudspeth moved to approve the item as presented. Motion seconded by Council Member Davis. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis, Ryan, Armintor, and Meltzer NAYS (1): Council Member Briggs The meeting was recessed for a short break at 7:56 p.m. and reconvened at 8:05 p.m. City of Denton City Council Minutes May 21, 2019 Page 12 I. ID 19-1114 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 Brandstetter Carroll Inc., for the expansion of police headquarters and public safety dispatch area, and construction of a new police substation as set forth in the contract; providing for the expenditure of funds therefor; and providing an effective date (RFQ 7008 - Professional Services Agreement awarded to Brandstetter Carroll Inc., in the not-to-exceed amount of $3,085,830). ASSIGNED ORDINANCE NO. 19-1114 The presentation was made and discussion followed. Council Member Ryan moved to approve the item as presented. Motion seconded by Council Member Briggs. Motion carried. AYES (7): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Ryan, Armintor, and Meltzer NAYS (0): None J. ID 19-1148 Consider approval of a resolution of the City Council of the City of Denton appointing primary and alternate representatives to the Denton County Transportation Authority Board of Directors; providing a repealer; and providing an effective date. ASSIGNED RESOLUTION NO. 19-1148 Council Member Briggs had a conflict of interest and left the Council Chambers. The presentation was made and discussion followed. Council Member Ryan moved to approve the item appointing Mayor Watts as the Primary Representative and Ms. Sara Bagheri as the Alternate Representative to the Denton County Transportation Board of Directors. Motion seconded by Mayor Pro Tem Hudspeth. Motion carried. AYES (4): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Davis and Ryan NAYS (2): Council Members Armintor and Meltzer ABSTAIN (1): Council Member Briggs The meeting was recessed for a short break at 8:42 p.m. and reconvened at 8:51 p.m. 6. PUBLIC HEARINGS A. DCA19-0004c Hold a public hearing and consider adoption of an ordinance regarding a proposed revision to the Denton Development Code; specifically to amend Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, Subchapter 14, Parking Standards, and Subchapter 23, Definitions related to supportive residential uses and City of Denton City Council Minutes May 21, 2019 Page 13 treatment facilities; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. THIS ITEM HAS BEEN POSTPONED TO THE JUNE 4, 2019 CITY COUNCIL MEETING. (DCA19-0004, Treatment Centers, Julie Wyatt) As noted, the public hearing had been previously postponed to the June 4, 2019 City Council Meeting. B. DCA18-0007c Hold a public hearing and consider adoption of an ordinance amending the newly revised (2019) Denton Development Code to: add Section 2.1.2(I), Design Standards Review Procedures; to amend Table 2.2-A: Summary of Development Review Procedures, to add Section 2.10 Design Standards Review Procedures, for the purpose of establishing procedures for processing an application for a Certificate of Design Consistency; to add a new section 4.10, establishing The Denton Square District, generally bounded by Cedar Street, Pecan Street, Austin Street, and Walnut Street, in Denton, Texas, and generally including all properties adjoining those boundary streets, providing for design standards for new construction and certain repairs and renovations within the boundaries of said Denton Square District; and providing for appeals; to provide for severability, penalties in the maximum amount of $2,000.00 for violations thereof, savings, repealer, publication, and an effective date; and further approving the Denton Square District Design Guidelines as an additional source of guidance for future construction, repairs, and renovations in the Denton Square District. (DCA18-0007, The Denton Square District, Sean Jacobson). THIS ITEM HAS BEEN POSTPONED TO THE JUNE 4, 2019 CITY COUNCIL MEETING. THIS ITEM WILL BE RENOTICED FOR THAT DATE. As noted, the public hearing had been previously postponed to the June 4, 2019 City Council Meeting. C. ID 19- Action Plan for Housing and Community Development. The presentation was made and discussion followed. With the public hearing opened, the following spoke on the item: David Johnson, 3617 San Paula, in support of the item and thanked the City Council for considering the grant Jacob Moses, 615 W. Oak, in support of the item and expressed appreciation for the consideration of the grant Ray Hernandez, 2365 Brair Hill Blvd., in support of the item and expressed appreciation to the City Council for consideration of the grant John Montoya, 3113 Briary Trace Ct., in support of the item and expressed appreciation for consideration of the grant and advised it will provide much benefit to the City of Denton City of Denton City Council Minutes May 21, 2019 Page 14 Willie Hudspeth, 623 Newton, in opposition to the item and expressed concern as to redlining and where the homes are proposed to be built With no other speakers coming forward, the public hearing was closed. No other action was needed as the item was only for a public hearing. The meeting was recessed for a short break due to electrical/technical issues at 9:22 p.m. and reconvened at 9:28 p.m. D. Z18-0026c Hold a public hearing and consider adoption of an ordinance amending the Rayzor Ranch Overlay District to provide standards and criteria for the residential development within the Rayzor Ranch South Campus - South Mixed Use District, being a part of the approximately 257 acre Rayzor Ranch South Campus generally located on the south side of West University Drive/US 380 and west of Bonnie Brae Street in the City of Denton, Denton County, Texas; ad providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date. The Planning & Zoning Commission recommends approval (6-0). (Z18-0026, Rayzor Ranch South, Hayley Zagurski). ASSIGNED ORDINANCE NO. Z18-0026c The presentation was made and discussion followed. With the public hearing opened, the following spoke on the item: Gerald Luecke (Applicant), 13642 Omega, provided an overview of the requested zoning amendments Aimee Bissett (Developer), 212 South Elm, provided an overview of the proposed housing plans J.V. Strange (Developer), 531 North Locust, provided an overview of the proposed housing plans With no other speakers coming forward, the public hearing was closed. Council Member Armintor moved to approve the item as presented; and following discussion, withdrew the motion. Council Member Davis moved to approve the item as recommended by staff with conditions as outlined in the presentation with the following amendment: One (1) bedroom per property requirement on the single family portion of the project. Council Member Meltzer seconded. Clarification was provided by the developer who needed time to discuss the anticipated effect of the proposed amendment. City of Denton City Council Minutes May 21, 2019 Page 15 The meeting was recessed at 10:22 p.m. to allow the developer and city staff to work out the logistics of the proposed amendment and was reconvened at 10:35 p.m. Council Member Davis withdrew his previous motion and Council Member Meltzer withdrew his second. Council Member Davis moved to approve the item to include staff recommendations and conditions as outlined in the presentation, with the following restriction: One (1) bedroom per unit requirement in Lot 1, Block B and Lot 5, Block A of the Rayzor Ranch East Addition. Council Member Meltzer seconded. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Armintor, and Meltzer NAYS (0): None ABSENT WHEN VOTE TAKEN (1): Council Member Ryan E. Z19-0004 Hold a public hearing and consider adoption of an ordinance of the city of Denton, Texas, regarding a change in the zoning classification from a Neighborhood Residential 2 (NR-2) zoning district and use classification to a Neighborhood Residential 4 (NR-4) zoning district and use classification on approximately 0.101 acres of land generally located on the north side of Prairie Street, adjacent to Oakwood Cemetery, and approximately 610 feet west of South Bradshaw Street in the City of Denton, Denton County, Texas; adopting an of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission voted 6-0 to approve the request. (Z19-0004, Prairie Parcel, Karina Maldonado) ASSIGNED ORDINANCE NO. Z19-0004 The presentation was made and discussion followed. The public hearing was opened; and with no speakers coming forward, the public hearing was closed. Mayor Pro Tem Hudspeth moved to approve the item with the following stipulation: Only single family dwellings and accessory dwellings be allowed. Council Member Davis seconded. Motion carried. AYES (6): Mayor Watts, Mayor Pro Tem Hudspeth and Council Members Briggs, Davis, Armintor, and Meltzer NAYS (0): None ABSENT WHEN VOTE TAKEN (1): Council Member Ryan City of Denton City Council Minutes May 21, 2019 Page 16 F. Z18-0011e Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding an initial zoning district and use classification and a change in the zoning district and use classification from Rural Residential (RD-5) district to Neighborhood Residential 4 (NR-4) district on 36 acres, Neighborhood Residential 3 (NR-3) on 41 acres, and Neighborhood Residential 2 (NR-2) on 15 acres, totaling approximately 92.06 acres of land, generally located on the east side of East Sherman Drive (FM 428), approximately 1,465 feet north of Hartlee Field Road in in the City of Denton, Denton penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission voted 6-0 to postpone the request indefinitely. THIS ITEM HAS BEEN POSTPONED INDEFINITELY. (Z18-0011, Agave Ranch, Julie Wyatt) As noted, the public hearing had previously been postponed indefinitely. 7. CONCLUDING ITEMS Council Members expressed items of interest, congratulatory remarks and provided general announcements. Staff to provide responsive information to those requests for information as part of the Friday Report process. With no further business, the meeting was adjourned at 11:05 p.m. ____________________________________ CHRIS WATTS MAYOR CITY OF DENTON, TEXAS ____________________________________ ROSA RIOS CITY SECRETARY CITY OF DENTON, TEXAS MINUTES APPROVED ON: _____________________________________________ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1137,Version:1 AGENDA CAPTION Consideradoptionofanordinanceconsideringallmattersincidentandrelatedtotheissuance,saleanddelivery ofupto$47,990,000inprincipalamountof"CityofDentonGeneralObligationBonds,Series2019"; authorizingtheissuanceoftheBonds;delegatingtheauthoritytocertainCityofficialstoexecutecertain documentsrelatingtothesaleoftheBonds;approvingandauthorizinginstrumentsandproceduresrelatingto said Bonds; enacting other provisions relating to the subject; and providing an effective date. City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance CFO: Antonio Puente, Jr, CFO DATE: June 4, 2019 SUBJECT Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $47,990,000 in principal amount of "City of Denton General Obligation Bonds, Series 2019"; authorizing the issuance of the Bonds; delegating the authority to certain City officials to execute certain documents relating to the sale of the Bonds; approving and authorizing instruments and procedures relating to said Bonds; enacting other provisions relating to the subject; and providing an effective date. BACKGROUND This bond sale was previously discussed with the Audit/Finance Committee on April 16, 2019 and the City Council on April 23, 2019. Additionally, the bond sale was discussed with the 2014 Bond Oversight Committee on February 20, 2019 and May 15, 2019. The proposed bond sale matches the FY 2018-19 Adopted CIP. Below is a breakdown of the bond sale by proposition: Proposition Adopted CIP Proposed CIP Difference Streets $14,580,000 $14,580,000 $0 Public Safety $0 $0 $0 Drainage $ 705,000 $ 705,000 $0 Parks $4,085,000 $4,085,000 $0 Total $19,370,000 $19,370,000 $0 The GO amount below represents the funding for the fifth year of projects approved by the voters in the 2014 Bond Election: 1. Street Reconstructions $ 4,930,000* 2. Rail Quite Zones McKinney Street to Prairie Street $ 930,000* 3. Bonnie Brae Phase 6 $ 4,910,000* 4. Ruddell Extension at Mingo $ 839,694* 5. Hickory Creek West Reallocated from Ruddell/Mingo $ 2,470,306 6. Miscellaneous Roadways $ 500,000* SUBTOTAL STREET IMPROVEMENTS (PROPOSITION 1) 2014 Bond Election $14,580,000 7. South Bell Drainage (Downtown Implementation Plan) $ 705,000* SUBTOTAL DRAINAGE (PROPOSITION 3) 2014 Bond Election $ 705,000 8. Playground Replacements $ 290,000* 9. Park Improvements (Masterplan) - $ 865,000* 10. Tennis Center Remodel & Expansion $ 2,930,000* SUBTOTALPARK SYSTEM IMPROVEMENTS (PROP 4) 2014 Bond Election $ 4,085,000 Total 2014 Bond Election General Obligation Bonds $19,370,000 On October 16, 2018 and February 26, 2019, the City Council adopted reimbursement ordinances (Ord. 18- 1693 and 19-349) authorizing $28,370,000 in GO and CO funded projects for General Government and Technology Services. Projects approved through the reimbursement ordinances have been identified above with an asterisk (*). The below chart provides a summary of voter approved bonds including amounts previously issued and those being recommended: Amount Amount Date Amount Heretofore Being Remaining Purpose Authorized Authorized Issued Proposed Balance Streets 11/4/2014 $61,710,000 $33,940,000 $14,580,000 $13,190,000 Public Safety 11/4/2014 $16,565,000 $16,565,000 $ - $ - Drainage 11/4/2014 $ 8,545,000 $ 7,840,000 $ 705,000 $ - Parks 11/4/2014 $11,355,000 $ 5,795,000 $ 4,085,000 $ 1,475,000 Staff has reviewed a refunding opportunity consisting of outstanding Combination Tax & Revenue Refunding Bonds, Series 2010. The principal amount of these outstanding bonds is $28,620,000 and the currently projected present value savings is approximately $1,702,409. These bonds mature in August 2025 and are related to the TMPA Scrubber debt. Staff is proposing to refund the bonds, if market conditions equirements. Since bond market conditions can change rapidly, staff is recommending that the City Council approve a delegated parameters sale for the GOs. The parameters ordinance sets the following requirements in order to complete the sale of the GOs. - Maximum amount of sale is $47,990,000 - Final stated maturity of February 15, 2039 (20 year term) - Maximum net effective interest rate of 3.50% - Delegation authority ends December 04, 2019 By doing so, City staff will be authorized to execute the sale without additional Council action. Once the exact terms of the transaction are determined, staff will provide the City Council with additional information in an informal staff report. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 23, 2019, the City Council adopted Ordinance No. 19-830 and 19-831 directing the publication of a Notice of Intention to Issue Certificates of Obligation of the City of Denton totaling $26,720,000. On April 16, 2019, the Audit/Finance Committee received a presentation on the bond program and Notice of Intent Ordinance. The Audit/Finance Committee unanimously recommended approval to forward the upcoming bond issuance to the City Council for consideration. The bond sale was discussed with the 2014 Bond Oversight Committee on May 15, 2019. The Committee unanimously approve the GO bond issuance timeline (2014 Bond Election) be forwarded to the City Council for consideration and approval. On February 20, 2019, the 2014 Bond Oversight Committee received a presentation on the General Obligation bond sale. EXHIBITS 1. Agenda Information Sheet 2. Municipal Bond Rates 3. Preliminary Official Statement 4. 2014 GO Bond Issuance Timeline 5. Ordinance Respectfully submitted: David Gaines, 349-8260 Director of Finance Prepared By: Nancy Towle Treasury Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1138,Version:1 AGENDA CAPTION Consideradoptionofanordinanceconsideringallmattersincidentandrelatedtotheissuance,saleanddelivery ofupto$26,720,000inprincipalamountof"CityofDentonCertificatesofObligation,Series2019"for GeneralGovernmentandTechnologyServices;authorizingtheissuanceoftheCertificates;delegatingthe authoritytocertainCityofficialstoexecutecertaindocumentsrelatingtothesaleoftheCertificates;approving andauthorizinginstrumentsandproceduresrelatingtosaidCertificates;enactingotherprovisionsrelatingto the subject; and providing an effective date. City of DentonPage 1 of 1Printed on 5/31/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Finance CFO: Antonio Puente, Jr, CFO DATE: June 4, 2019 SUBJECT Consider adoption of an ordinance considering all matters incident and related to the issuance, sale and delivery of up to $26,720,000 in principal amount of "City of Denton Certificates of Obligation, Series 2019" for General Government and Technology Services; authorizing the issuance of the Certificates; delegating the authority to certain City officials to execute certain documents relating to the sale of the Certificates; approving and authorizing instruments and procedures relating to said Certificates; enacting other provisions relating to the subject; and providing an effective date. BACKGROUND On April 23, 2019, the City Council adopted Ordinance No. 19-830 and 19-831 directing the publication of a Notice of Intention to issue Certificates of Obligation (COs) of the City of Denton for General Fund Technology Service, Wastewater and Electric projects. The notices were published on May 2, 2019, and May 9, 2019, in the Denton Record Chronicle, as required by state law. The COs will be issued as a single series of obligations and may include up to $330,000 for issuance costs to allow flexibility in marketing and pricing the COs. This recommended sale of COs has been decreased by $6,060,000 from the adopted FY 2018-19 CIP. Below is a breakdown of the adopted versus proposed CO sale: Increase/ Adopted Proposed Reduction 1. General Government $ 5,810,000 $ 7,400,000 $ 1,590,000 2. Technology Service $ 0 $ 1,600,000 $ 1,600,000 3. Electric $ 7,590,000 $ 7,590,000 $ 0 4. Water $ 9,250,000 $ 0 ($ 9,250,000) 5. Wastewater $ 9,800,000 $ 9,800,000 $ 0 6. Solid Waste $ 0 $ 0 $ 0 $32,450,000 $ 26,390,000 ($ 6,060,000) Staff recommends the sale of $26,390,000 in COs for General Fund Technology Service, Wastewater and Electric projects. Below is a listing of recommended CO funded projects for General Fund Technology Service, Wastewater and Electric FY 2018-19 CIP: General Government 1. Vehicle Replacements/Additions $2,900,000* 2. Police Facilities Design/Land Acquisition $1,500,000* 3. Street Improvements Small Transportation Projects $1,100,000* 4. Street Improvements Hickory Creek Realignment $ 400,000* 5. Facility Maintenance Program (HVAC, Roofing & Flooring) $1,500,000* Total $7,400,000 Technology Service 1. Technology Service Server Refresh $1,600,000* Wastewater 1. Service Center Renovation - $ 950,000 2. West Wet Weather Storage Facility - $1,500,000 3. Dry Fork Hickory Creek Tributary 1- $1,100,000 4. Hickory Creek Detention Facility - $5,500,000 5. Oversize Water Lines - $ 200,000 6. Hickory Creek Interceptor III - $ 310,000 7. Westgate Heights Interceptor - $ 190,000 8. Concrete Improvements - $ 25,000 9. Effluent Reuse - $ 25,000 Subtotal Wastewater - $9,800,000 Electric 10. Hickory Substation (Transmission) - $2,000,000 11. Denton North Interchange (Transmission) - $ 550,000 12. Underwood Substation (Transmission) - $ 800,000 13. Ethernet Security Gateway Relays Multi-Station - $ 150,000 14. Substation Security (Transmission Cost) - $ 140,000 15. Brinker Substation (Transmission) - $ 900,000 16. Pockrus to Brinker/Spencer Int TM Line - $ 950,000 17. Hickory Creek Substation TM UG/OH Reconfig - $2,100,000 Subtotal Electric- $7,590,000 Total Certificates of Obligation $26,390,000 On October 16, 2018 and February 26, 2019, the City Council adopted reimbursement ordinances (Ord. 18-1693 and 19-349) authorizing $28,370,000 in GO and CO funded projects for General Government and Technology Services. Projects approved through the reimbursement ordinances have been identified above with an asterisk (*). The City sells COs in accordance with the useful life of the asset that is being acquired. For example, COs for vehicles are typically sold with a term of five years. For the FY 2018-19 proposed debt issuance: $4,500,000 will be 5 year debt; $1,500,000 will be 10 year debt; $12,800,000 will be 20 year debt; and $7,590,000 will be 30 year debt. In addition, the 20 and 30 year debt issues will have a 9 year call option. Since bond market conditions can change rapidly, staff is recommending that the City Council approve a delegated parameters sale for the COs. The parameters ordinance sets the following requirements in order to complete the sale of the COs: - Maximum amount of sale is $26,720,000 - Final stated maturity of February 15, 2049 - Maximum net effective interest rate of 3.75% - Delegation authority ends December 4, 2019 By doing so, City staff will be authorized to execute the sale without additional Council approval. Once the exact terms of the transaction are determined, staff will provide the City Council with additional information in an informal staff report. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 23, 2019, the City Council adopted Ordinance No. 19-830 and 19-831 directing the publication of a Notice of Intention to Issue Certificates of Obligation of the City of Denton totaling $26,720,000. On April 16, 2019, the Audit/Finance Committee received a presentation on the bond program and Notice of Intent Ordinance. The Audit/Finance Committee unanimously recommended approval to forward the upcoming bond issuance to the City Council for consideration. EXHIBITS 1. Agenda Information Sheet 2. Preliminary Official Statement 3. Ordinance Respectfully submitted: David Gaines, 349-8260 Director of Finance Prepared By: Nancy Towle Treasury Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1191,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:Committeeon PersonswithDisabilities,Health&BuildingStandardsCommission,HistoricLandmarkCommission,Special Citizens Bond Advisory Committee, and Zoning Board of Adjustment. City of DentonPage 1 of 1Printed on 5/30/2019 powered by Legistar™ City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Office ACM: Sara Hensley DATE: June 4, 2019 SUBJECT BACKGROUND Exhibit 2 includes the vacancies for Boards, Commissions, and Committees along with nominations Council has submitted for consideration, if any. Nominations made at this meeting can be voted on should the Council desire. Approval would be contingent on completion of the confirmation process. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Nominations Sheet Respectfully submitted: Rosa Rios City Secretary BO!2$ !.$ #/--)33)/. ./-).!4)/.3 Board #®´¢¨« -¤¬¡¤± Nomination Committee on Persons with Disabilities Davis Health & Building Standards Commission Ryan Historic Landmark Commission ALL Davis Melody Kohout Emily Meisner (currently an Zoning Board of Adjustment Meltzer alternate) Special Citizens Bond Advisory Committee Nominating Council Member Nominee Council Member Hudspeth 2. Nathan Tune City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA19-0004e,Version:1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 5, 8, 14, and 23 of the Denton Development Code by adding definitions, development standards, and minimum parking standards for supportive residential and treatment facility uses; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0). (DCA19-0004e, Treatment Centers, Julie Wyatt) City of DentonPage 1 of 1Printed on 5/31/2019 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: June 4, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 5, 8, 14, and 23 of the Denton Development Code by adding definitions, development standards, and minimum parking standards for supportive residential and treatment facility uses; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0). (DCA19-0004e, Treatment Centers, Julie Wyatt) BACKGROUND Survey of Drug Use and Health, in 2013, 22.7 million Americans needed treatment for an alcohol or drug problem, but only 2.5 million received treatment, resulting in a treatment gap of 20.2 million people. This need has been further brought to light with the opioid crisis, health crisis. Solutions of North Texas (SONTX) is a Denton-based organization that provides treatment for adults and families impacted by drug and alcohol dependency. Their primary facility, located on North Ruddell Street, houses the administrative functions of the organization and offers residential treatment for adult males in two duplexes (32 total occupants) plus outpatient treatment, case management, and education. Another facility offers a duplex for two single mothers who have completed a minimum 90-day treatment program, are nearing graduation from Denton Count Family Drug Court, and are awaiting reunification with their children. This facility provides a stable residence for these mothers as they complete Child Protective Services (CPS) requirements to obtain permanent custody of their children. Recently, SONTX approached the City about expanding their facility on Ruddell Street to provide additional treatment programs for the residents in the City of Denton. The proposal includes adding the following facilities and services: Four additional duplexes (total of 64 occupants) to accommodate a total of 98 men and women Ambulatory Detox Program for six adults with daily monitoring by professional medical staff Treatment for substance abuse is an important societal need but also a complex land use issue that can affect the safety and character of a community. Accordingly, the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) issued a Joint Statement in 2016 (see Exhibit 9) to provide cities with the legal clarity they need to maintain the safety and character of their communities while protecting the rights and needs of people with disabilities, including those recovering from drug addiction. This joint statement was the result of issues associated with the proliferation of sober homes in Delray Beach, Florida, a city of approximately 60,000 which had a concentration of approximately 183 sober homes. The Joint Statement makes three key points: 1. A city can deny an accommodation request for a group home if granting it would impose an undue zoning scheme. Factors include the nature and extent of the burden, proximity of group homes to one and other, the cost of the requested accommodation, the financial resources of the local government, and the benefits of the accommodation to the disabled individual. 2. Licensing and other requirements for group homes for health and safety purposes may be permitted if they are not based on stereotypes, equally apply to all homes with a minimum number of unrelated residents, and do not target homes based on the presence of individuals with a disability. 3. The Fair Housing Act does not prevent state or local government from taking action in response to criminal activity, insurance fraud, Medicaid Fraud, neglect or abuse of residents, or other illegal conduct occurring at group homes. Current zoning regulations do not permit the types of uses that could facilitate the development of substance abuse treatment facilities like SONTX. The use tables in Subchapter 5 of the Denton Development Code (DDC) are inadequate to fully address the different activities and potential impacts related to uses which provide treatment for substance abuse. As with any zoning regulation, land use decisions, including compatibility, are predicated on the establishment well-defined uses and their associated activities. This is the basis by which the menu of permitted uses within a given zoning district is createdcompatible uses are permitted, incompatible uses are excluded, and potential incompatibilities are limited or require additional approvals. Under current DDC regulations, uses such as Community Homes for the Disabled, Group Homes, and Hospital Services contain isolated elements that relate to organizations like SONTX; however, none of these uses fully capture the intent and activities of supportive residential uses or treatment facilities. Furthermore, due to the specialized nature of these types of developments sufficient guidelines to ensure compatibility with the surrounding community. Therefore, staff proposes an amendment to the Denton Development Code to include two new uses and associated development requirements. At the May 15, 2019 Planning and Zoning Commission, Staff presented an analysis of the proposed text amendments. During the meeting, the Commission requested information on the transition of the proposed DDC text amendment to the 2019 DDC adopted on April 23, 2019. Staff stated that the item will return to the Planning and Zoning Commission and City Council in the coming months for a recommendation and decision on the transition to the new zoning districts and use tables. At the close of the meeting, the Planning and Zoning Commission recommended to approve the DDC text amendment (6-0). The proposed change with staff analysis is attached in Exhibit 2. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommended approval of the proposed text amendments Denton Development Code Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, Subchapter 14, Parking Standards, and Subchapter 23, Definitions. The Planning and Zoning Commission recommended approval of the text amendments to the Denton Development Code (6-0). PRIOR ACTION/REVIEW (Council, Boards, Commissions) On May 21, 2019, the item was scheduled for a public hearing and consideration by City Council, but was postponed to the June 4, 2019 meeting. On May 15, 2019, the Planning and Zoning Commission held a public hearing and voted (6-0) to recommend approval of the DDC text amendment. On April 17, 2019, the item was scheduled for a public hearing and consideration by the Planning and Zoning Commission, but the meeting was cancelled due to weather concerns. The item was rescheduled for the May 15, 2019 meeting. On April 3, 2019, the item was scheduled for a public hearing and consideration by the Planning and Zoning Commission, but was postponed to the April 17, 2019 meeting. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Proposed Subchapter 5 4. Proposed Subchapter 8 5. Proposed Subchapter 14 6. Proposed Subchapter 23 7. Texas Health and Safety Code Chapter 464 8. unicipal Issues and Sober Homes 9. Joint Statement of the Department Of HUD and the Department Of Justice 10. Americans with Disabilities Act of 1990, as amended 11. Planning and Zoning Commission May 15, 2019 Meeting Minutes 12. Presentation 13. Draft Ordinance Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED Editor's Note: Following is the current text of the Americans with Disabilities Act of 1990 (ADA), including changes made by the ADA Amendments Act of 2008 (P.L. 110-325), which became effective on January 1, 2009. The ADA was originally enacted in public law format and later rearranged and published in the United States Code. The United States Code is divided into titles and chapters that classify laws according to their subject matter. Titles I, II, III, and V of the original law are codified in Title 42, chapter 126, of the United States Code beginning at section 12101. Title IV of the original law is codified in Title 47, chapter 5, of the United States Code. Since this codification resulted in changes in the numbering system, the Table of Contents provides the section numbers of the ADA as originally enacted in brackets after the codified section numbers and headings. TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose. \[Section 2\] (a) Findings. (b) Purpose. Sec. 12101 note: Findings and Purposes of the ADA Amendments Act of 2008 Sec. 12102. Definition of disability. \[Section 3\] Sec. 12103.Additional definitions. SUBCHAPTER I - EMPLOYMENT \[Title I\] Sec. 12111. Definitions. \[Section 101\] Sec. 12112. Discrimination. \[Section 102\] (a) General rule. (b) Construction. (c) Covered entities in foreign countries. (d) Medical examinations and inquiries. Sec. 12113. Defenses. \[Section 103\] (a) In general. (b) Qualification standards. (c)Qualification standards and tests related to uncorrected vision. (d) Religious entities. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (e) List of infectious and communicable diseases. Sec. 12114. Illegal use of drugs and alcohol. \[Section 104\] (a) Qualified individual with a disability. (b) Rules of construction. (c) Authority of covered entity. (d) Drug testing. (e) Transportation employees. Sec. 12115. Posting notices. \[Section 105\] Sec. 12116. Regulations. \[Section 106\] Sec. 12117. Enforcement. \[Section 107\] (a) Powers, remedies, and procedures. (b) Coordination. SUBCHAPTER II - PUBLIC SERVICES \[Title II\] PART A - Prohibition Against Discrimination and Other Generally Applicable Provisions \[Subtitle A\] Sec. 12131. Definitions. \[Section 201\] Sec. 12132. Discrimination. \[Section 202\] Sec. 12133. Enforcement. \[Section 203\] Sec. 12134. Regulations. \[Section 204\] (a) In general. (b) Relationship to other regulations. (c) Standards. PART B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory \[Subtitle B\] SUBPART I - Public Transportation Other Than by Aircraft or Certain Rail Operations \[Part I\] Sec. 12141. Definitions. \[Section 221\] Sec. 12142. Public entities operating fixed route systems. \[Section 222\] (a) Purchase and lease of new vehicles. (b) Purchase and lease of used vehicles. (c) Remanufactured vehicles. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Sec. 12143. Paratransit as a complement to fixed route service. \[Section 223\] (a) General rule. (b) Issuance of regulations. (c) Required contents of regulations. (d) Review of plan. (e) "Discrimination" defined. (f) Statutory construction. Sec. 12144. Public entity operating a demand responsive system. \[Section 224\] Sec. 12145. Temporary relief where lifts are unavailable. \[Section 225\] (a) Granting. (b) Duration and notice to Congress. (c) Fraudulent application. Sec. 12146. New facilities. \[Section 226\] Sec. 12147. Alterations of existing facilities. \[Section 227\] (a) General rule. (b) Special rule for stations. Sec. 12148. Public transportation programs and activities in existing facilities and one car per train rule. \[Section 228\] (a) Public transportation programs and activities in existing facilities. (b) One car per train rule. Sec. 12149. Regulations. \[Section 229\] (a) In general. (b) Standards. Sec. 12150. Interim accessibility requirements. \[Section 230\] SUBPART II - Public Transportation by Intercity and Commuter Rail \[Part II\] Sec. 12161. Definitions. \[Section 241\] Sec. 12162. Intercity and commuter rail actions considered discriminatory. \[Section 242\] (a) Intercity rail transportation. (b) Commuter rail transportation. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (c) Used rail cars. (d) Remanufactured rail cars. (e) Stations. Sec. 12163. Conformance of accessibility standards. \[Section 243\] Sec. 12164. Regulations. \[Section 244\] Sec. 12165. Interim accessibility requirements. \[Section 245\] (a) Stations. (b) Rail passenger cars. SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES \[Title III\] Sec. 12181. Definitions. \[Section 301\] Sec. 12182. Prohibition of discrimination by public accommodations. \[Section 302\] (a) General rule. (b) Construction. Sec. 12183. New construction and alterations in public accommodations and commercial facilities. \[Section 302\] (a) Application of term. (b) Elevator. Sec. 12184. Prohibition of discrimination in specified public transportation services provided by private entities. \[Section 303\] (a) General rule. (b) Construction. (c) Historical or antiquated cars. Sec. 12185. Study. \[Section 305\] (a) Purposes. (b) Contents. (c) Advisory committee. (d) Deadline. (e) Review. Sec. 12186. Regulations. \[Section 306\] https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (a) Transportation provisions. (b) Other provisions. (c) Consistency with ATBCB guidelines. (d) Interim accessibility standards. Sec. 12187. Exemptions for private clubs and religious organizations. \[Section 307\] Sec. 12188. Enforcement. \[Section 308\] (a) In general. (b) Enforcement by Attorney General. Sec. 12189. Examinations and courses. \[Section 309\] SUBCHAPTER IV MISCELLANEOUS PROVISIONS \[Title V\] Sec. 12201. Construction. \[Section 501\] (a) In general. (b) Relationship to other laws. (c) Insurance. (d) Accommodations and services. (e)Benefits under State worker's compensation laws. (f)Fundamental alteration. (g)Claims of no disability. (h) Reasonable accommodation and modifications. Sec. 12202. State immunity. \[Section 502\] Sec. 12203. Prohibition against retaliation and coercion. \[Section 503\] (a) Retaliation. (b) Interference, coercion, or intimidation. (c) Remedies and procedures. Sec. 12204. Regulations by the Architectural and Transportation Barriers Compliance Board. \[Section 504\] (a) Issuance of guidelines. (b) Contents of guidelines. (c) Qualified historic properties. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Sec. 12205. Attorney's fees. \[Section 505\] Sec. 12205a. Rule of construction regarding regulatory authority. Sec. 12206. Technical assistance. \[Section 506\] (a) Plan for assistance. (b) Agency and public assistance. (c) Implementation. (d) Grants and contracts. (e) Failure to receive assistance. Sec. 12207. Federal wilderness areas. \[Section 507\] (a) Study. (b) Submission of report. (c) Specific wilderness access. Sec. 12208. Transvestites. \[Section 508\] Sec. 12209. Instrumentalities of Congress. \[Section 509\] Sec. 12210. Illegal use of drugs. \[Section 510\] (a) In general. (b) Rules of construction. (c) Health and other services. (d) "Illegal use of drugs" defined. Sec. 12211. Definitions. \[Section 511\] (a) Homosexuality and bisexuality. (b) Certain conditions. Sec. 12212. Alternative means of dispute resolution. \[Section 512\] Sec. 12213. Severability. \[Section 513\] TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION . SUBCHAPTER II - COMMON CARRIERS Part I - Common Carrier Regulation https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Sec. 225. Telecommunications services for hearing-impaired and speech-impaired individuals \[Section 401\] (a) Definitions. (b) Availability of telecommunications relay services. (c) Provision of services. (d) Regulations. (e) Enforcement. (f) Certification. (g) Complaint. TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION . SUBCHAPTER VI - MISCELLANEOUS PROVISIONS Sec. 611. Closed-captioning of public service announcements \[Section 402\] TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 126 - EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES Sec. 12101. Findings and purpose (a) Findings The Congress finds that (1) physical or mental disabilities in no way diminish a person's right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination; (2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem; (3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services; (4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination; (5) individuals with disabilities continually encounter various forms of discrimination, including https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities; (6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged socially, vocationally, economically, and educationally; (7) the Nation's proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals; and (8) the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity. (b) Purpose It is the purpose of this chapter (1) to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities; (2) to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this chapter on behalf of individuals with disabilities; and (4) to invoke the sweep of congressional authority, including the power to enforce the fourteenth amendment and to regulate commerce, in order to address the major areas of discrimination faced day- to-day by people with disabilities. Sec. 12101 note: Findings and Purposes of ADA Amendments Act of 2008, Pub. L. 110-325, §2, Sept. 25, 2008, 122 Stat. 3553, provided that: (a) Findings Congress finds that- (1) in enacting the Americans with Disabilities Act of 1990 (ADA), Congress intended that the Act "provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities" and provide broad coverage; (2) in enacting the ADA, Congress recognized that physical and mental disabilities in no way diminish a person's right to fully participate in all aspects of society, but that people with physical or mental disabilities are frequently precluded from doing so because of prejudice, antiquated attitudes, or the failure to remove societal and institutional barriers; (3) while Congress expected that the definition of disability under the ADA would be interpreted consistently with how courts had applied the definition of a handicapped individual under the Rehabilitation Act of 1973, that expectation has not been fulfilled; (4) the holdings of the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 companion cases have narrowed the broad scope of protection intended to be afforded by the ADA, thus eliminating protection for many individuals whom Congress intended to protect; (5) the holding of the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) further narrowed the broad scope of protection intended to be afforded by the ADA; (6) as a result of these Supreme Court cases, lower courts have incorrectly found in individual cases that people with a range of substantially limiting impairments are not people with disabilities; (7) in particular, the Supreme Court, in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), interpreted the term "substantially limits" to require a greater degree of limitation than was intended by Congress; and (8) Congress finds that the current Equal Employment Opportunity Commission ADA regulations defining the term "substantially limits" as "significantly restricted" are inconsistent with congressional intent, by expressing too high a standard. (b) Purposes The purposes of this Act are- (1) to carry out the ADA's objectives of providing "a clear and comprehensive national mandate for the elimination of discrimination" and "clear, strong, consistent, enforceable standards addressing discrimination" by reinstating a broad scope of protection to be available under the ADA; (2) to reject the requirement enunciated by the Supreme Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases that whether an impairment substantially limits a major life activity is to be determined with reference to the ameliorative effects of mitigating measures; (3) to reject the Supreme Court's reasoning in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999) with regard to coverage under the third prong of the definition of disability and to reinstate the reasoning of the Supreme Court in School Board of Nassau County v. Arline, 480 U.S. 273 (1987) which set forth a broad view of the third prong of the definition of handicap under the Rehabilitation Act of 1973; (4) to reject the standards enunciated by the Supreme Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms "substantially" and "major" in the definition of disability under the ADA "need to be interpreted strictly to create a demanding standard for qualifying as disabled," and that to be substantially limited in performing a major life activity under the ADA "an individual must have an impairment that prevents or severely restricts the individual from doing activities that are of central importance to most people's daily lives"; (5) to convey congressional intent that the standard created by the Supreme Court in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for "substantially limits", and applied by lower courts in numerous decisions, has created an inappropriately high level of limitation necessary to obtain coverage under the ADA, to convey that it is the intent of Congress that the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the question of whether an individual's impairment is a disability under the ADA should not demand extensive analysis; and (6) to express Congress' expectation that the Equal Employment Opportunity Commission will revise that portion of its current regulations that defines the term "substantially limits" as "significantly restricted" to be consistent with this Act, including the amendments made by this Act. Sec. 12102. Definition of disability https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 As used in this chapter: (1) Disability The term "disability" means, with respect to an individual (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment (as described in paragraph (3)). (2) Major Life Activities (A) In general For purposes of paragraph (1), major life activities include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. (B) Major bodily functions For purposes of paragraph (1), a major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. (3) Regarded as having such an impairment For purposes of paragraph (1)(C): (A) An individual meets the requirement of "being regarded as having such an impairment" if the individual establishes that he or she has been subjected to an action prohibited under this chapter because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. (B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less. (4) Rules of construction regarding the definition of disability The definition of "disability" in paragraph (1) shall be construed in accordance with the following: (A) The definition of disability in this chapter shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by the terms of this chapter. (B) The term "substantially limits" shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008. (C) An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability. (D) An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (E) (i) The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as (I) medication, medical supplies, equipment, or appliances, low-vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies; (II) use of assistive technology; (III) reasonable accommodations or auxiliary aids or services; or (IV) learned behavioral or adaptive neurological modifications. (ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. (iii) As used in this subparagraph (I) the term "ordinary eyeglasses or contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error; and (II) the term "low-vision devices" means devices that magnify, enhance, or otherwise augment a visual image. Sec. 12103. Additional definitions As used in this chapter (1) Auxiliary aids and services The term "auxiliary aids and services" includes (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments; (C) acquisition or modification of equipment or devices; and (D) other similar services and actions. (2) State The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. SUBCHAPTER I - EMPLOYMENT Sec. 12111. Definitions https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 As used in this subchapter: (1) Commission The term "Commission" means the Equal Employment Opportunity Commission established by section 2000e-4 of this title. (2) Covered entity The term "covered entity" means an employer, employment agency, labor organization, or joint labor- management committee. (3) Direct threat The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. (4) Employee The term "employee" means an individual employed by an employer. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States. (5) Employer (A) In general The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person. (B) Exceptions The term "employer" does not include (i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or (ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of title 26. (6) Illegal use of drugs (A) In general The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act \[21 U.S.C. 801 et seq.\]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. (B) Drugs The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act \[21 U.S.C. 812\]. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (7) Person, etc. The terms "person", "labor organization", "employment agency", "commerce", and "industry affecting commerce", shall have the same meaning given such terms in section 2000e of this title. (8) Qualified individual The term "qualified individual " means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. (9) Reasonable accommodation The term "reasonable accommodation" may include (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. (10) Undue hardship (A) In general The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B). (B) Factors to be considered In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include (i) the nature and cost of the accommodation needed under this chapter; (ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility; (iii) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. Sec. 12112. Discrimination https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (a) General rule No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. (b) Construction As used in subsection (a) of this section, the term "discriminate against a qualified individual on the basis of disability" includes (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee; (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs); (3) utilizing standards, criteria, or methods of administration (A) that have the effect of discrimination on the basis of disability; (B) that perpetuates the discrimination of others who are subject to common administrative control; (4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association; (5) (A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or (B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant; (6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity; and (7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure). https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (c) Covered entities in foreign countries (1) In general It shall not be unlawful under this section for a covered entity to take any action that constitute discrimination under this section with respect to an employee in a workplace in a foreign country if compliance with this section would cause such covered entity to violate the law of the foreign country in which such workplace is located. (2) Control of corporation (A) Presumption If an employer controls a corporation whose place of incorporation is a foreign country, any practice that constitutes discrimination under this section and is engaged in by such corporation shall be presumed to be engaged in by such employer. (B) Exception This section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer. (C) Determination For purposes of this paragraph, the determination of whether an employer controls a corporation shall be based on (i) the interrelation of operations; (ii) the common management; (iii) the centralized control of labor relations; and (iv) the common ownership or financial control of the employer and the corporation. (d) Medical examinations and inquiries (1) In general The prohibition against discrimination as referred to in subsection (a) of this section shall include medical examinations and inquiries. (2) Preemployment (A) Prohibited examination or inquiry Except as provided in paragraph (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability. (B) Acceptable inquiry A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions. (3) Employment entrance examination https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if (A) all entering employees are subjected to such an examination regardless of disability; (B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that (i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (ii) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (iii) government officials investigating compliance with this chapter shall be provided relevant information on request; and (C) the results of such examination are used only in accordance with this subchapter. (4) Examination and inquiry (A) Prohibited examinations and inquiries A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity. (B) Acceptable examinations and inquiries A covered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions. (C) Requirement Information obtained under subparagraph (B) regarding the medical condition or history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph (3). Sec. 12113. Defenses (a) In general It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job- related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this subchapter. (b) Qualification standards The term "qualification standards" may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (c) Qualification standards and tests related to uncorrected vision Notwithstanding section 12102(4)(E)(ii), a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and consistent with business necessity. (d) Religious entities (1) In general This subchapter shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (2) Religious tenets requirement Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of such organization. (e) List of infectious and communicable diseases (1) In general The Secretary of Health and Human Services, not later than 6 months after July 26, 1990, shall (A) review all infectious and communicable diseases which may be transmitted through handling the food supply; (B) publish a list of infectious and communicable diseases which are transmitted through handling the food supply; (C) publish the methods by which such diseases are transmitted; and (D) widely disseminate such information regarding the list of diseases and their modes of transmissibility to the general public. Such list shall be updated annually. (2) Applications In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling. (3) Construction Nothing in this chapter shall be construed to preempt, modify, or amend any State, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissibility published by the Secretary of Health and Human Services. Sec. 12114. Illegal use of drugs and alcohol https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (a) Qualified individual with a disability For purposes of this subchapter, qualified individual with a disability shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. (b) Rules of construction Nothing in subsection (a) of this section shall be construed to exclude as a qualified individual with a disability an individual who (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs. (c) Authority of covered entity A covered entity (1) may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees; (2) may require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace; (3) may require that employees behave in conformance with the requirements established under the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.); (4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee; and (5) may, with respect to Federal regulations regarding alcohol and the illegal use of drugs, require that (A) employees comply with the standards established in such regulations of the Department of Defense, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Defense); (B) employees comply with the standards established in such regulations of the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commission); and (C) employees comply with the standards established in such regulations of the Department of https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Transportation, if the employees of the covered entity are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Transportation). (d) Drug testing (1) In general For purposes of this subchapter, a test to determine the illegal use of drugs shall not be considered a medical examination. (2) Construction Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results. (e) Transportation employees Nothing in this subchapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to (1) test employees of such entities in, and applicants for, positions involving safety-sensitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and (2) remove such persons who test positive for illegal use of drugs and on-duty impairment by alcohol pursuant to paragraph (1) from safety-sensitive duties in implementing subsection (c) of this section. Sec. 12115. Posting notices Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by section 2000e-10 of this title. Sec. 12116. Regulations Not later than 1 year after July 26, 1990, the Commission shall issue regulations in an accessible format to carry out this subchapter in accordance with subchapter II of chapter 5 of title 5. Sec. 12117. Enforcement (a) Powers, remedies, and procedures The powers, remedies, and procedures set forth in sections 2000e-4, 2000e-5, 2000e-6, 2000e-8, and 2000e- 9 of this title shall be the powers, remedies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under section 12116 of this title, concerning employment. (b) Coordination The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and under the Rehabilitation Act of 1973 \[29 U.S.C. 701 et seq.\] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation Act of 1973 not later than 18 months after July 26, 1990. SUBCHAPTER II - PUBLIC SERVICES Part A - Prohibition Against Discrimination and Other Generally Applicable Provisions Sec. 12131. Definitions As used in this subchapter: (1) Public entity The term "public entity" means (A) any State or local government; (B) any department, agency, special purpose district, or other instrumentality of a State or States or local government; and (C) the National Railroad Passenger Corporation, and any commuter authority (as defined in section 24102(4) of title 49). (2) Qualified individual with a disability The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal of architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. Sec. 12132. Discrimination Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. Sec. 12133. Enforcement The remedies, procedures, and rights set forth in section 794a of title 29 shall be the remedies, procedures, and rights this subchapter provides to any person alleging discrimination on the basis of disability in violation of section 12132 of this title. Sec. 12134. Regulations (a) In general Not later than 1 year after July 26, 1990, the Attorney General shall promulgate regulations in an accessible format that implement this part. Such regulations shall not include any matter within the https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 scope of the authority of the Secretary of Transportation under section 12143, 12149, or 12164 of this title. (b) Relationship to other regulations Except for "program accessibility, existing facilities", and "communications", regulations under subsection (a) of this section shall be consistent with this chapter and with the coordination regulations under part 41 of title 28, Code of Federal Regulations (as promulgated by the Department of Health, Education, and Welfare on January 13, 1978), applicable to recipients of Federal financial assistance under section 794 of title 29. With respect to "program accessibility, existing facilities", and "communications", such regulations shall be consistent with regulations and analysis as in part 39 of title 28 of the Code of Federal Regulations, applicable to federally conducted activities under section 794 of title 29. (c) Standards Regulations under subsection (a) of this section shall include standards applicable to facilities and vehicles covered by this part, other than facilities, stations, rail passenger cars, and vehicles covered by part B of this subchapter. Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204(a) of this title. Part B - Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory Subpart I - Public Transportation Other than by Aircraft or Certain Rail Operations Sec. 12141. Definitions As used in this subpart: (1) Demand responsive system The term "demand responsive system" means any system of providing designated public transportation which is not a fixed route system. (2) Designated public transportation The term "designated public transportation" means transportation (other than public school transportation) by bus, rail, or any other conveyance (other than transportation by aircraft or intercity or commuter rail transportation (as defined in section 12161 of this title)) that provides the general public with general or special service (including charter service) on a regular and continuing basis. (3) Fixed route system The term "fixed route system" means a system of providing designated public transportation on which a vehicle is operated along a prescribed route according to a fixed schedule. (4) Operates The term "operates", as used with respect to a fixed route system or demand responsive system, includes operation of such system by a person under a contractual or other arrangement or relationship with a public entity. (5) Public school transportation https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 The term "public school transportation" means transportation by school bus vehicles of schoolchildren, personnel, and equipment to and from a public elementary or secondary school and school-related activities. (6) Secretary The term "Secretary" means the Secretary of Transportation. Sec. 12142. Public entities operating fixed route systems (a) Purchase and lease of new vehicles It shall be considered discrimination for purposes of section which operates a fixed route system to purchase or lease a new bus, a new rapid rail vehicle, a new light rail vehicle, or any other new vehicle to be used on such system, if the solicitation for such purchase or lease is made after the 30th day following July 26, 1990, and if such bus, rail vehicle, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (b) Purchase and lease of used vehicles Subject to subsection (c)(1) of this section, it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system to purchase or lease, after the 30th day following July 26, 1990, a used vehicle for use on such system unless such entity makes demonstrated good faith efforts to purchase or lease a used vehicle for use on such system that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (c) Remanufactured vehicles (1) General rule Except as provided in paragraph (2), it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system (A) to remanufacture a vehicle for use on such system so as to extend its usable life for 5 years or more, which remanufacture begins (or for which the solicitation is made) after the 30th day following July 26, 1990; or (B) to purchase or lease for use on such system a remanufactured vehicle which has been remanufactured so as to extend its usable life for 5 years or more, which purchase or lease occurs after such 30th day and during the period in which the usable life is extended; unless, after remanufacture, the vehicle is, to the maximum extent feasible, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) Exception for historic vehicles (A) General rule If a public entity operates a fixed route system any segment of which is included on the National Register of Historic Places and if making a vehicle of historic character to be used solely on such segment readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of paragraph (1) and which do not significantly alter the historic character of such vehicle. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (B) Vehicles of historic character defined by regulations For purposes of this paragraph and section 12148(a) of this title, a vehicle of historic character shall be defined by the regulations issued by the Secretary to carry out this subsection. Sec. 12143. Paratransit as a complement to fixed route service (a) General rule It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a public entity which operates a fixed route system (other than a system which provides solely commuter bus service) to fail to provide with respect to the operations of its fixed route system, in accordance with this section, paratransit and other special transportation services to individuals with disabilities, including individuals who use wheelchairs that are sufficient to provide to such individuals a level of service (1) which is comparable to the level of designated public transportation services provided to individuals without disabilities using such system; or (2) in the case of response time, which is comparable, to the extent practicable, to the level of designated public transportation services provided to individuals without disabilities using such system. (b) Issuance of regulations Not later than 1 year after July 26, 1990, the Secretary shall issue final regulations to carry out this section. (c) Required contents of regulations (1) Eligible recipients of service The regulations issued under this section shall require each public entity which operates a fixed route system to provide the paratransit and other special transportation services required under this section (A) (i) to any individual with a disability who is unable, as a result of a physical or mental impairment (including a vision impairment) and without the assistance of another individual (except an operator of a wheelchair lift or other boarding assistance device), to board, ride, or disembark from any vehicle on the system which is readily accessible to and usable by individuals with disabilities; (ii) to any individual with a disability who needs the assistance of a wheelchair lift or other boarding assistance device (and is able with such assistance) to board, ride, and disembark from any vehicle which is readily accessible to and usable by individuals with disabilities if the individual wants to travel on a route on the system during the hours of operation of the system at a time (or within a reasonable period of such time) when such a vehicle is not being used to provide designated public transportation on the route; and (iii) to any individual with a disability who has a specific impairment-related condition which prevents such individual from traveling to a boarding location or from a disembarking location on such system; (B) to one other individual accompanying the individual with the disability; and (C) to other individuals, in addition to the one individual described in subparagraph (a), accompanying the individual with a disability provided that space for these additional individuals are available on the paratransit vehicle carrying the individual with a disability and that the https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 transportation of such additional individuals will not result in a denial of service to individuals with disabilities. For purposes of clauses (i) and (ii) of subparagraph (A), boarding or disembarking from a vehicle does not include travel to the boarding location or from the disembarking location. (2) Service area The regulations issued under this section shall require the provision of paratransit and special transportation services required under this section in the service area of each public entity which operates a fixed route system, other than any portion of the service area in which the public entity solely provides commuter bus service. (3) Service criteria Subject to paragraphs (1) and (2), the regulations issued under this section shall establish minimum service criteria for determining the level of services to be required under this section. (4) Undue financial burden limitation The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Secretary that the provision of paratransit and other special transportation services otherwise required under this section would impose an undue financial burden on the public entity, the public entity, notwithstanding any other provision of this section (other than paragraph (5)), shall only be required to provide such services to the extent that providing such services would not impose such a burden. (5) Additional services The regulations issued under this section shall establish circumstances under which the Secretary may require a public entity to provide, notwithstanding paragraph (4), paratransit and other special transportation services under this section beyond the level of paratransit and other special transportation services which would otherwise be required under paragraph (4). (6) Public participation The regulations issued under this section shall require that each public entity which operates a fixed route system hold a public hearing, provide an opportunity for public comment, and consult with individuals with disabilities in preparing its plan under paragraph (7). (7) Plans The regulations issued under this section shall require that each public entity which operates a fixed route system (A) within 18 months after July 26, 1990, submit to the Secretary, and commence implementation of, a plan for providing paratransit and other special transportation services which meets the requirements of this section; and (B) on an annual basis thereafter, submit to the Secretary, and commence implementation of, a plan for providing such services. (8) Provision of services by others The regulations issued under this section shall https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (A) require that a public entity submitting a plan to the Secretary under this section identify in the plan any person or other public entity which is providing a paratransit or other special transportation service for individuals with disabilities in the service area to which the plan applies; and (B) provide that the public entity submitting the plan does not have to provide under the plan such service for individuals with disabilities. (9) Other provisions The regulations issued under this section shall include such other provisions and requirements as the Secretary determines are necessary to carry out the objectives of this section. (d) Review of plan (1) General rule The Secretary shall review a plan submitted under this section for the purpose of determining whether or not such plan meets the requirements of this section, including the regulations issued under this section. (2) Disapproval If the Secretary determines that a plan reviewed under this subsection fails to meet the requirements of this section, the Secretary shall disapprove the plan and notify the public entity which submitted the plan of such disapproval and the reasons therefor. (3) Modification of disapproved plan Not later than 90 days after the date of disapproval of a plan under this subsection, the public entity which submitted the plan shall modify the plan to meet the requirements of this section and shall submit to the Secretary, and commence implementation of, such modified plan. (e) "Discrimination" defined As used in subsection (a) of this section, the term "discrimination" includes (1) a failure of a public entity to which the regulations issued under this section apply to submit, or commence implementation of, a plan in accordance with subsections (c)(6) and (c)(7) of this section; (2) a failure of such entity to submit, or commence implementation of, a modified plan in accordance with subsection (d) (3) of this section; (3) submission to the Secretary of a modified plan under subsection (d)(3) of this section which does not meet the requirements of this section; or (4) a failure of such entity to provide paratransit or other special transportation services in accordance with the plan or modified plan the public entity submitted to the Secretary under this section. (f) Statutory construction Nothing in this section shall be construed as preventing a public entity (1) from providing paratransit or other special transportation services at a level which is greater than the level of such services which are required by this section, https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (2) from providing paratransit or other special transportation services in addition to those paratransit and special transportation services required by this section, or (3) from providing such services to individuals in addition to those individuals to whom such services are required to be provided by this section. Sec. 12144. Public entity operating a demand responsive system If a public entity operates a demand responsive system, it shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, for such entity to purchase or lease a new vehicle for use on such system, for which a solicitation is made after the 30th day following July 26, 1990, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, unless such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service such system provides to individuals without disabilities. Sec. 12145. Temporary relief where lifts are unavailable (a) Granting With respect to the purchase of new buses, a public entity may apply for, and the Secretary may temporarily relieve such public entity from the obligation under section 12142(a) or 12144 of this title to purchase new buses that are readily accessible to and usable by individuals with disabilities if such public entity demonstrates to the satisfaction of the Secretary (1) that the initial solicitation for new buses made by the public entity specified that all new buses were to be lift-equipped and were to be otherwise accessible to and usable by individuals with disabilities; (2) the unavailability from any qualified manufacturer of hydraulic, electromechanical, or other lifts for such new buses; (3) that the public entity seeking temporary relief has made good faith efforts to locate a qualified manufacturer to supply the lifts to the manufacturer of such buses in sufficient time to comply with such solicitation; and (4) that any further delay in purchasing new buses necessary to obtain such lifts would significantly impair transportation services in the community served by the public entity. (b) Duration and notice to Congress Any relief granted under subsection (a) of this section shall be limited in duration by a specified date, and the appropriate committees of Congress shall be notified of any such relief granted. (c) Fraudulent application If, at any time, the Secretary has reasonable cause to believe that any relief granted under subsection (a) of this section was fraudulently applied for, the Secretary shall (1) cancel such relief if such relief is still in effect; and (2) take such other action as the Secretary considers appropriate. Sec. 12146. New facilities For purposes of section 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public entity to construct a new facility to be used in the provision of designated public transportation services unless such facility is readily accessible to and usable by individuals with disabilities, including individuals who https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 use wheelchairs. Sec. 12147. Alterations of existing facilities (a) General rule With respect to alterations of an existing facility or part thereof used in the provision of designated public transportation services that affect or could affect the usability of the facility or part thereof, it shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, for a public entity to fail to make such alterations (or to ensure that the alterations are made) in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon the completion of such alterations. Where the public entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (b) Special rule for stations (1) General rule For purposes of section 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public entity that provides designated public transportation to fail, in accordance with the provisions of this subsection, to make key stations (as determined under criteria established by the Secretary by regulation) in rapid rail and light rail systems readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) Rapid rail and light rail key stations (A) Accessibility Except as otherwise provided in this paragraph, all key stations (as determined under criteria established by the Secretary by regulation\] in rapid rail and light rail systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 3-year period beginning on July 26, 1990. (B) Extension for extraordinarily expensive structural changes The Secretary may extend the 3-year period under subparagraph (A) up to a 30-year period for key stations in a rapid rail or light rail system which stations need extraordinarily expensive structural changes to, or replacement of, existing facilities; except that by the last day of the 20th year following July 26, 1990, at least 2/3 of such key stations must be readily accessible to and usable by individuals with disabilities. (3) Plans and milestones The Secretary shall require the appropriate public entity to develop and submit to the Secretary a plan for compliance with this subsection (A) that reflects consultation with individuals with disabilities affected by such plan and the results https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 of a public hearing and public comments on such plan, and (B) that establishes milestones for achievement of the requirements of this subsection. Sec. 12148. Public transportation programs and activities in existing facilities and one car per train rule (a) Public transportation programs and activities in existing facilities (1) In general With respect to existing facilities used in the provision of designated public transportation services, it shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, for a public entity to fail to operate a designated public transportation program or activity conducted in such facilities so that, when viewed in the entirety, the program or activity is readily accessible to and usable by individuals with disabilities. (2) Exception Paragraph (1) shall not require a public entity to make structural changes to existing facilities in order to make such facilities accessible to individuals who use wheelchairs, unless and to the extent required by section 12147(a) of this title (relating to alterations) or section 12147(a) of this title (relating to key stations). (3) Utilization Paragraph (1) shall not require a public entity to which paragraph (2) applies, to provide to individuals who use wheelchairs services made available to the general public at such facilities when such individuals could not utilize or benefit from such services provided at such facilities. (b) One car per train rule (1) General rule Subject to paragraph (2), with respect to 2 or more vehicles operated as a train by a light or rapid rail system, for purposes of section 12132 of this title and section 794 of title 29, it shall be considered discrimination for a public entity to fail to have at least 1 vehicle per train that is accessible to individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than the last day of the 5-year period beginning on the effective date of this section. (2) Historic trains In order to comply with paragraph (1) with respect to the remanufacture of a vehicle of historic character which is to be used on a segment of a light or rapid rail system which is included on the National Register of Historic Places, if making such vehicle readily accessible to and usable by individuals with disabilities would significantly alter the historic character of such vehicle, the public entity which operates such system only has to make (or to purchase or lease a remanufactured vehicle with) those modifications which are necessary to meet the requirements of section 12142(c)(1) of this title and which do not significantly alter the historic character of such vehicle. Sec. 12149. Regulations (a) In general Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart (other than section 12143 of this title). https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (b) Standards The regulations issued under this section and section 12143 of this title shall include standards applicable to facilities and vehicles covered by this part. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204 of this title. Sec. 12150. Interim accessibility requirements If final regulations have not been issued pursuant to section 12149 of this title, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under sections 12146 and 12147 of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. Subpart II - Public Transportation by Intercity and Commuter Rail Sec. 12161. Definitions As used in this subpart: (1) Commuter authority The term "commuter authority" has the meaning given such term in section 24102(4) of title 49. (2) Commuter rail transportation The term "commuter rail transportation" has the meaning given the term "commuter rail passenger transportation" in section 24102(5) of title 49. (3) Intercity rail transportation The term "intercity rail transportation" means transportation provided by the National Railroad Passenger Corporation. (4) Rail passenger car The term "rail passenger car" means, with respect to intercity rail transportation, single-level and bi- level coach cars, single-level and bi-level dining cars, single- level and bi-level sleeping cars, single- level and bi-level lounge cars, and food service cars. (5) Responsible person The term "responsible person" means (A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity; (B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 basis by regulation by the Secretary of Transportation; and (C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation. (6) Station The term "station" means the portion of a property located appurtenant to a right-of-way on which intercity or commuter rail transportation is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, construction, or alteration of the property, but such term does not include flag stops. Sec. 12162. Intercity and commuter rail actions considered discriminatory (a) Intercity rail transportation (1) One car per train rule It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides intercity rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 12164 of this title, as soon as practicable, but in no event later than 5 years after July 26, 1990. (2) New intercity cars (A) General rule Except as otherwise provided in this subsection with respect to individuals who use wheelchairs, it shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease any new rail passenger cars for use in intercity rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title. (B) Special rule for single-level passenger coaches for individuals who use wheelchairs Single-level passenger coaches shall be required to (i) be able to be entered by an individual who uses a wheelchair; (ii) have space to park and secure a wheelchair; (iii) have a seat to which a passenger in a wheelchair can transfer, and a space to fold and store such passenger's wheelchair; and (iv) have a restroom usable by an individual who uses a wheelchair, only to the extent provided in paragraph (3). (C) Special rule for single-level dining cars for individuals who use wheelchairs https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Single-level dining cars shall not be required to (i) be able to be entered from the station platform by an individual who uses a wheelchair; or (ii) have a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger. (D) Special rule for bi-level dining cars for individuals who use wheelchairs Bi-level dining cars shall not be required to (i) be able to be entered by an individual who uses a wheelchair; (ii) have space to park and secure a wheelchair; (iii) have a seat to which a passenger in a wheelchair can transfer, or a space to fold and store such passenger's wheelchair; or (iv) have a restroom usable by an individual who uses a wheelchair. (3) Accessibility of single-level coaches (A) General rule It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides intercity rail transportation to fail to have on each train which includes one or more single-level rail passenger coaches (i) a number of spaces (I) to park and secure wheelchairs (to accommodate individuals who wish to remain in their wheelchairs) equal to not less than one-half of the number of single-level rail passenger coaches in such train; and (II) to fold and store wheelchairs (to accommodate individuals who wish to transfer to coach seats) equal to not less than one-half of the number of single-level rail passenger coaches in such train, as soon as practicable, but in no event later than 5 years after July 26, 1990; and (B) Location Spaces required by subparagraph (A) shall be located in single-level rail passenger coaches or food service cars. (C) Limitation Of the number of spaces required on a train by subparagraph (A), not more than two spaces to park and secure wheelchairs nor more than two spaces to fold and store wheelchairs shall be located in any one coach or food service car. (D) Other accessibility features Single-level rail passenger coaches and food service cars on which the spaces required by subparagraph (a) are located shall have a restroom usable by an individual who uses a wheelchair and shall be able to be entered from the station platform by an individual who uses a wheelchair. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (4) Food service (A) Single-level dining cars On any train in which a single-level dining car is used to provide food service (i) if such single-level dining car was purchased after July 26, 1990, table service in such car shall be provided to a passenger who uses a wheelchair if (I) the car adjacent to the end of the dining car through which a wheelchair may enter is itself accessible to a wheelchair; (II) such passenger can exit to the platform from the car such passenger occupies, move down the platform, and enter the adjacent accessible car described in subclause (I) without the necessity of the train being moved within the station; and (III) space to park and secure a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to remain in a wheelchair), or space to store and fold a wheelchair is available in the dining car at the time such passenger wishes to eat (if such passenger wishes to transfer to a dining car seat); and (ii) appropriate auxiliary aids and services, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals. Unless not practicable, a person providing intercity rail transportation shall place an accessible car adjacent to the end of a dining car described in clause (I) through which an individual who uses a wheelchair may enter. (B) Bi-level dining cars On any train in which a bi-level dining car is used to provide food service (i) if such train includes a bi-level lounge car purchased after July 26, 1990, table service in such lounge car shall be provided to individuals who use wheelchairs and to other passengers; and (ii) appropriate auxiliary aids and services, including a hard surface on which to eat, shall be provided to ensure that other equivalent food service is available to individuals with disabilities, including individuals who use wheelchairs, and to passengers traveling with such individuals. (b) Commuter rail transportation (1) One car per train rule It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person who provides commuter rail transportation to fail to have at least one passenger car per train that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, in accordance with regulations issued under section 12164 of this title, as soon as practicable, but in no event later than 5 years after July 26, 1990. (2) New commuter rail cars (A) General rule It shall be considered discrimination for purposes of section 12132 of this title and section 794 of https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 title 29 for a person to purchase or lease any new rail passenger cars for use in commuter rail transportation, and for which a solicitation is made later than 30 days after July 26, 1990, unless all such rail cars are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title. (B) Accessibility For purposes of section 12132 of this title and section 794 of title 29, a requirement that a rail passenger car used in commuter rail transportation be accessible to or readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, shall not be construed to require (i) a restroom usable by an individual who uses a wheelchair if no restroom is provided in such car for any passenger; (ii) space to fold and store a wheelchair; or (iii) a seat to which a passenger who uses a wheelchair can transfer. (c) Used rail cars It shall be considered discrimination for purposes of section 1132 of this title and section 794 of title 29 for a person to purchase or lease a used rail passenger car for use in intercity or commuter rail transportation, unless such person makes demonstrated good faith efforts to purchase or lease a used rail car that is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title. (d) Remanufactured rail cars (1) Remanufacturing It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to remanufacture a rail passenger car for use in intercity or commuter rail transportation so as to extend its usable life for 10 years or more, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title. (2) Purchase or lease It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to purchase or lease a remanufactured rail passenger car for use in intercity or commuter rail transportation unless such car was remanufactured in accordance with paragraph (1). (e) Stations (1) New stations It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a person to build a new station for use in intercity or commuter rail transportation that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (2) Existing stations (A) Failure to make readily accessible (i) General rule It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for a responsible person to fail to make existing stations in the intercity rail transportation system, and existing key stations in commuter rail transportation systems, readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as prescribed by the Secretary of Transportation in regulations issued under section 12164 of this title. (ii) Period for compliance (I) Intercity rail All stations in the intercity rail transportation system shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable, but in no event later than 20 years after July 26, 1990. (II) Commuter rail Key stations in commuter rail transportation systems shall be made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, as soon as practicable but in no event later than 3 years after July 26, 1990, except that the time limit may be extended by the Secretary of Transportation up to 20 years after July 26, 1990, in a case where the raising of the entire passenger platform is the only means available of attaining accessibility or where other extraordinarily expensive structural changes are necessary to attain accessibility. (iii) Designation of key stations Each commuter authority shall designate the key stations in its commuter rail transportation system, in consultation with individuals with disabilities and organizations representing such individuals, taking into consideration such factors as high ridership and whether such station serves as a transfer or feeder station. Before the final designation of key stations under this clause, a commuter authority shall hold a public hearing. (iv) Plans and milestones The Secretary of Transportation shall require the appropriate person to develop a plan for carrying out this subparagraph that reflects consultation with individuals with disabilities affected by such plan and that establishes milestones for achievement of the requirements of this subparagraph. (B) Requirement when making alterations (i) General rule It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to alterations of an existing station or part thereof in the intercity or commuter rail transportation systems that affect or could affect the usability of the station or part thereof, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the altered https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 portions of the station are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations. (ii) Alterations to a primary function area It shall be considered discrimination, for purposes of section 12132 of this title and section 794 of title 29, with respect to alterations that affect or could affect the usability of or access to an area of the station containing a primary function, for the responsible person, owner, or person in control of the station to fail to make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area, and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs, upon completion of such alterations, where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (C) Required cooperation It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for an owner, or person in control, of a station governed by subparagraph (a) or (b) to fail to provide reasonable cooperation to a responsible person with respect to such station in that responsible person's efforts to comply with such subparagraph. An owner, or person in control, of a station shall be liable to a responsible person for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a claim of discrimination under this chapter. Sec. 12163. Conformance of accessibility standards Accessibility standards included in regulations issued under this subpart shall be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board under section 504(a) of this title. Sec. 12164. Regulations Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart. Sec. 12165. Interim accessibility requirements (a) Stations If final regulations have not been issued pursuant to section 12164 of this title, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under such section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities as required under section 12162(e) of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that stations be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. (b) Rail passenger cars https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 If final regulations have not been issued pursuant to section 12164 of this title, a person shall be considered to have complied with the requirements of section 12162(a) through (d) of this title that a rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under section 12204(a) of this title) governing accessibility of such cars, to the extent that such laws and regulations are not inconsistent with this subpart and are in effect at the time such design is substantially completed. SUBCHAPTER III - PUBLIC ACCOMMODATIONS AND SERVICES OPERATED BY PRIVATE ENTITIES Sec. 12181. Definitions As used in this subchapter: (1) Commerce The term "commerce" means travel, trade, traffic, commerce, transportation, or communications (A) among the several States; (B) between any foreign country or any territory or possession and any State; or (C) between points in the same State but through another State or foreign country. (2) Commercial facilities The term "commercial facilities" means facilities (A) that are intended for nonresidential use; and (B) whose operations will affect commerce. Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in section 12162 of this title or covered under this subchapter, railroad rights-of- way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 (42 U.S.C. 3601 et seq.). (3) Demand responsive system The term "demand responsive system" means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system. (4) Fixed route system The term "fixed route system" means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule. (5) Over-the-road bus The term "over-the-road bus" means a bus characterized by an elevated passenger deck located over a baggage compartment. (6) Private entity The term "private entity" means any entity other than a public entity (as defined in section 12131(1) of https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 this title). (7) Public accommodation The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce (A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor; (B) a restaurant, bar, or other establishment serving food or drink; (C) a motion picture house, theater, concert hall, stadium, or other place of exhibition entertainment; (D) an auditorium, convention center, lecture hall, or other place of public gathering; (E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment; (F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment; (G) a terminal, depot, or other station used for specified public transportation; (H) a museum, library, gallery, or other place of public display or collection; (I) a park, zoo, amusement park, or other place of recreation; (J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education; (K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and (L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. (8) Rail and railroad The terms "rail" and "railroad" have the meaning given the term "railroad" in section 20102\[1\] of title 49. (9) Readily achievable The term "readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include (A) the nature and cost of the action needed under this chapter; (B) the overall financial resources of the facility or facilities involved in the action; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility; https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (C) the overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees; the number, type, and location of its facilities; and (D) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity. (10) Specified public transportation The term "specified public transportation" means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis. (11) Vehicle The term "vehicle" does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in section 12162 of this title or covered under this subchapter. Sec. 12182. Prohibition of discrimination by public accommodations (a) General rule No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. (b) Construction (1) General prohibition (A) Activities (i) Denial of participation It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity. (ii) Participation in unequal benefit It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals. (iii) Separate benefit It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others. (iv) Individual or class of individuals For purposes of clauses (i) through (iii) of this subparagraph, the term "individual or class of individuals" refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement. (B) Integrated settings Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual. (C) Opportunity to participate Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different. (D) Administrative methods An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration (i) that have the effect of discriminating on the basis of disability; or (ii) that perpetuate the discrimination of others who are subject to common administrative control. (E) Association It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association. (2) Specific prohibitions (A) Discrimination For purposes of subsection (a) of this section, discrimination includes (i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered; (ii) a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations; https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden; (iv) a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable; and (v) where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable. (B) Fixed route system (i) Accessibility It shall be considered discrimination for a private entity which operates a fixed route system and which is not subject to section 12184 of this title to purchase or lease a vehicle with a seating capacity in excess of 16 passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (ii) Equivalent service If a private entity which operates a fixed route system and which is not subject to section 12184 of this title purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities. (C) Demand responsive system For purposes of subsection (a) of this section, discrimination includes (i) a failure of a private entity which operates a demand responsive system and which is not subject to section 12184 of this title to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities; and (ii) the purchase or lease by such entity for use on such system of a vehicle with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 individuals without disabilities. (D) Over-the-road buses (i) Limitation on applicability Subparagraphs (B) and (C) do not apply to over-the-road buses. (ii) Accessibility requirements For purposes of subsection (a) of this section, discrimination includes (I) the purchase or lease of an over-the-road bus which does not comply with the regulations issued under section 12186(a)(2) of this title by a private entity which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations. (3) Specific construction Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services. Sec. 12183. New construction and alterations in public accommodations and commercial facilities (a) Application of term Except as provided in subsection (b) of this section, as applied to public accommodations and commercial facilities, discrimination for purposes of section 12182(a) of this title includes (1) a failure to design and construct facilities for first occupancy later than 30 months after July 26, 1990, that are readily accessible to and usable by individuals with disabilities, except where an entity can demonstrate that it is structurally impracticable to meet the requirements of such subsection in accordance with standards set forth or incorporated by reference in regulations issued under this subchapter; and (2) with respect to a facility or part thereof that is altered by, on behalf of, or for the use of an establishment in a manner that affects or could affect the usability of the facility or part thereof, a failure to make alterations in such a manner that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Where the entity is undertaking an alteration that affects or could affect usability of or access to an area of the facility containing a primary function, the entity shall also make the alterations in such a manner that, to the maximum extent feasible, the path of travel to the altered area and the bathrooms, telephones, and drinking fountains serving the altered area, are readily accessible to and usable by individuals with disabilities where such alterations to the path of travel or the bathrooms, telephones, and drinking fountains serving the altered area are not disproportionate to the overall alterations in terms of cost and scope (as determined under criteria established by the Attorney General). (b) Elevator Subsection (a) of this section shall not be construed to require the installation of an elevator for facilities that https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 are less than three stories or have less than 3,000 square feet per story unless the building is a shopping center, a shopping mall, or the professional office of a health care provider or unless the Attorney General determines that a particular category of such facilities requires the installation of elevators based on the usage of such facilities. Sec. 12184. Prohibition of discrimination in specified public transportation services provided by private entities (a) General rule No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. (b) Construction For purposes of subsection (a) of this section, discrimination includes (1) the imposition or application by an entity described in subsection (a) of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully enjoying the specified public transportation services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered; (2) the failure of such entity to (A) make reasonable modifications consistent with those required under section 12182(b)(2)(A)(ii) of this title; (B) provide auxiliary aids and services consistent with the requirements of section 12182(b)(2)(A)(iii) of this title; and (C) remove barriers consistent with the requirements of section 12182(b)(2)(A) of this title and with the requirements of section 12183(a)(2) of this title; (3) the purchase or lease by such entity of a new vehicle (other than an automobile, a van with a seating capacity of less than 8 passengers, including the driver, or an over- the-road bus) which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; except that the new vehicle need not be readily accessible to and usable by such individuals if the new vehicle is to be used solely in a demand responsive system and if the entity can demonstrate that such system, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public; (4) (A) the purchase or lease by such entity of an over-the-road bus which does not comply with the regulations issued under section 12186(a)(2) of this title; and (B) any other failure of such entity to comply with such regulations; and (5) the purchase or lease by such entity of a new van with a seating capacity of less than 8 passengers, including the driver, which is to be used to provide specified public transportation and for which a solicitation is made after the 30th day following the effective date of this section that is not readily accessible to or usable by individuals with disabilities, including individuals who use wheelchairs; except that the new van need not be readily accessible to and usable by such individuals if the entity can https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 demonstrate that the system for which the van is being purchased or leased, when viewed in its entirety, provides a level of service to such individuals equivalent to the level of service provided to the general public; (6) the purchase or lease by such entity of a new rail passenger car that is to be used to provide specified public transportation, and for which a solicitation is made later than 30 days after the effective date of this paragraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and (7) the remanufacture by such entity of a rail passenger car that is to be used to provide specified public transportation so as to extend its usable life for 10 years or more, or the purchase or lease by such entity of such a rail car, unless the rail car, to the maximum extent feasible, is made readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (c) Historical or antiquated cars (1) Exception To the extent that compliance with subsection (a)(2)(C) or (b)(7) of this section would significantly alter the historic or antiquated character of a historical or antiquated rail passenger car, or a rail station served exclusively by such cars, or would result in violation of any rule, regulation, standard, or order issued by the Secretary of Transportation under the Federal Railroad Safety Act of 1970, such compliance shall not be required. (2) Definition As used in this subsection, the term "historical or antiquated rail passenger car" means a rail passenger car (A) which is not less than 30 years old at the time of its use for transporting individuals; (B) the manufacturer of which is no longer in the business of manufacturing rail passenger cars; and (C) which (i) has a consequential association with events or persons significant to the past; or (ii) embodies, or is being restored to embody, the distinctive characteristics of a type of rail passenger car used in the past, or to represent a time period which has passed. Sec. 12185. Study (a) Purposes The Office of Technology Assessment shall undertake a study to determine (1) the access needs of individuals with disabilities to over-the-road buses and over-the- road bus service; and (2) the most cost-effective methods for providing access to over-the-road buses and over-the-road bus service to individuals with disabilities, particularly individuals who use wheelchairs, through all forms of boarding options. (b) Contents https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 The study shall include, at a minimum, an analysis of the following: (1) The anticipated demand by individuals with disabilities for accessible over-the-road buses and over- the-road bus service. (2) The degree to which such buses and service, including any service required under sections 12184(a)(4) and 12186(a)(2) of this title, are readily accessible to and usable by individuals with disabilities. (3) The effectiveness of various methods of providing accessibility to such buses and service to individuals with disabilities. (4) The cost of providing accessible over-the-road buses and bus service to individuals with disabilities, including consideration of recent technological and cost saving developments in equipment and devices. (5) Possible design changes in over-the-road buses that could enhance accessibility, including the installation of accessible restrooms which do not result in a loss of seating capacity. (6) The impact of accessibility requirements on the continuation of over-the-road bus service, with particular consideration of the impact of such requirements on such service to rural communities. (c) Advisory committee In conducting the study required by subsection (a) of this section, the Office of Technology Assessment shall establish an advisory committee, which shall consist of (1) members selected from among private operators and manufacturers of over-the-road buses; (2) members selected from among individuals with disabilities, particularly individuals who use wheelchairs, who are potential riders of such buses; and (3) members selected for their technical expertise on issues included in the study, including manufacturers of boarding assistance equipment and devices. The number of members selected under each of paragraphs (1) and (2) shall be equal, and the total number of members selected under paragraphs (1) and (2) shall exceed the number of members selected under paragraph (3). (d) Deadline The study required by subsection (a) of this section, along with recommendations by the Office of Technology Assessment, including any policy options for legislative action, shall be submitted to the President and Congress within 36 months after July 26, 1990. If the President determines that compliance with the regulations issued pursuant to section 12186(a)(2)(B) of this title on or before the applicable deadlines specified in section 12186(a)(2)(B) of this title will result in a significant reduction in intercity over-the-road bus service, the President shall extend each such deadline by 1 year. (e) Review In developing the study required by subsection (a) of this section, the Office of Technology Assessment shall provide a preliminary draft of such study to the Architectural and Transportation Barriers Compliance Board established under section 792 of title 29. The Board shall have an opportunity to comment on such draft study, and any such comments by the Board made in writing within 120 days after the Board's receipt of the draft study shall be incorporated as part of the final study required to be submitted under subsection (d) of this section. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Sec. 12186. Regulations (a) Transportation provisions (1) General rule Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out section 12182(b)(2)(B) and (C) of this title and to carry out section 12184 of this title (other than subsection (a)(4)). (2) Special rules for providing access to over-the-road buses (A) Interim requirements (i) Issuance Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations in an accessible format to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require each private entity which uses an over-the-road bus to provide transportation of individuals to provide accessibility to such bus; except that such regulations shall not require any structural changes in over-the-road buses in order to provide access to individuals who use wheelchairs during the effective period of such regulations and shall not require the purchase of boarding assistance devices to provide access to such individuals. (ii) Effective period The regulations issued pursuant to this subparagraph shall be effective until the effective date of the regulations issued under subparagraph (a). (B) Final requirement (i) Review of study and interim requirements The Secretary shall review the study submitted under section 12185 of this title and the regulations issued pursuant to subparagraph (A). (ii) Issuance Not later than 1 year after the date of the submission of the study under section 12185 of this title, the Secretary shall issue in an accessible format new regulations to carry out sections 12184(b)(4) and 12182(b)(2)(D)(ii) of this title that require, taking into account the purposes of the study under section 12185 of this title and any recommendations resulting from such study, each private entity which uses an over-the-road bus to provide transportation to individuals to provide accessibility to such bus to individuals with disabilities, including individuals who use wheelchairs. (iii) Effective period Subject to section 12185(d) of this title, the regulations issued pursuant to this subparagraph shall take effect (I) with respect to small providers of transportation (as defined by the Secretary), 3 years after the date of issuance of final regulations under clause (ii); and (II) with respect to other providers of transportation, 2 years after the date of issuance of such final regulations. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (C) Limitation on requiring installation of accessible restrooms The regulations issued pursuant to this paragraph shall not require the installation of accessible restrooms in over-the-road buses if such installation would result in a loss of seating capacity. (3) Standards The regulations issued pursuant to this subsection shall include standards applicable to facilities and vehicles covered by sections 12182(b) (2) and 12184 of this title. (b) Other provisions Not later than 1 year after July 26, 1990, the Attorney General shall issue regulations in an accessible format to carry out the provisions of this subchapter not referred to in subsection (a) of this section that include standards applicable to facilities and vehicles covered under section 12182 of this title. (c) Consistency with ATBCB guidelines Standards included in regulations issued under subsections (a) and (b) of this section shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204 of this title. (d) Interim accessibility standards (1) Facilities If final regulations have not been issued pursuant to this section, for new construction or alterations for which a valid and appropriate State or local building permit is obtained prior to the issuance of final regulations under this section, and for which the construction or alteration authorized by such permit begins within one year of the receipt of such permit and is completed under the terms of such permit, compliance with the Uniform Federal Accessibility Standards in effect at the time the building permit is issued shall suffice to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities as required under section 12183 of this title, except that, if such final regulations have not been issued one year after the Architectural and Transportation Barriers Compliance Board has issued the supplemental minimum guidelines required under section 12204(a) of this title, compliance with such supplemental minimum guidelines shall be necessary to satisfy the requirement that facilities be readily accessible to and usable by persons with disabilities prior to issuance of the final regulations. (2) Vehicles and rail passenger cars If final regulations have not been issued pursuant to this section, a private entity shall be considered to have complied with the requirements of this subchapter, if any, that a vehicle or rail passenger car be readily accessible to and usable by individuals with disabilities, if the design for such vehicle or car complies with the laws and regulations (including the Minimum Guidelines and Requirements for Accessible Design and such supplemental minimum guidelines as are issued under section 12204(a) of this title) governing accessibility of such vehicles or cars, to the extent that such laws and regulations are not inconsistent with this subchapter and are in effect at the time such design is substantially completed. Sec. 12187. Exemptions for private clubs and religious organizations The provisions of this subchapter shall not apply to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000-a(e)) or to religious organizations or entities https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 controlled by religious organizations, including places of worship. Sec. 12188. Enforcement (a) In general (1) Availability of remedies and procedures The remedies and procedures set forth in section 2000a-3(a) of this title are the remedies and procedures this subchapter provides to any person who is being subjected to discrimination on the basis of disability in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 12183 of this title. Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this subchapter does not intend to comply with its provisions. (2) Injunctive relief In the case of violations of sections 12182(b)(2)(A)(iv) and Section 12183(a) of this title, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by this subchapter. Where appropriate, injunctive relief shall also include requiring the provision of an auxiliary aid or service, modification of a policy, or provision of alternative methods, to the extent required by this subchapter. (b) Enforcement by Attorney General (1) Denial of rights (A) Duty to investigate (i) In general The Attorney General shall investigate alleged violations of this subchapter, and shall undertake periodic reviews of compliance of covered entities under this subchapter. (ii) Attorney General certification On the application of a State or local government, the Attorney General may, in consultation with the Architectural and Transportation Barriers Compliance Board, and after prior notice and a public hearing at which persons, including individuals with disabilities, are provided an opportunity to testify against such certification, certify that a State law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter for the accessibility and usability of covered facilities under this subchapter. At any enforcement proceeding under this section, such certification by the Attorney General shall be rebuttable evidence that such State law or local ordinance does meet or exceed the minimum requirements of this chapter. (B) Potential violation If the Attorney General has reasonable cause to believe that (i) any person or group of persons is engaged in a pattern or practice of discrimination under this subchapter; or (ii) any person or group of persons has been discriminated against under this subchapter and such discrimination raises an issue of general public importance, the Attorney General may https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 commence a civil action in any appropriate United States district court. (2) Authority of court In a civil action under paragraph (1) (B), the court (A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subchapter (i) granting temporary, preliminary, or permanent relief; (ii) providing an auxiliary aid or service, modification of policy, practice, or procedure, or alternative method; and (iii) making facilities readily accessible to and usable by individuals with disabilities; (B) may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General; and (C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount \[*\] (i) not exceeding $50,000 for a first violation; and (ii) not exceeding $100,000 for any subsequent violation. \[*Agency Note: Please see the Department's title III regulation at 28 CFR 36.504(a)(3) for the most recent civil monetary penalty amounts, which are periodically adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 28 USC 2461 note, as amended.\] (3) Single violation For purposes of paragraph (2) (C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation. (4) Punitive damages For purposes of subsection (b) (2) (B) of this section, the term "monetary damages" and "such other relief" does not include punitive damages. (5) Judicial consideration In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability. Sec. 12189. Examinations and courses Any person that offers examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes shall offer such examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for such individuals. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 SUBCHAPTER IV - MISCELLANEOUS PROVISIONS Sec. 12201. Construction (a) In general Except as otherwise provided in this chapter, nothing in this chapter shall be construed to apply a lesser standard than the standards applied under title V of the Rehabilitation Act of 1973 (29 U.S.C. 790 et seq.) or the regulations issued by Federal agencies pursuant to such title. (b) Relationship to other laws Nothing in this chapter shall be construed to invalidate or limit the remedies, rights, and procedures of any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for the rights of individuals with disabilities than are afforded by this chapter. Nothing in this chapter shall be construed to preclude the prohibition of, or the imposition of restrictions on, smoking in places of employment covered by subchapter I of this chapter, in transportation covered by subchapter II or III of this chapter, or in places of public accommodation covered by subchapter III of this chapter. (c) Insurance Subchapters I through III of this chapter and title IV of this Act shall not be construed to prohibit or restrict (1) an insurer, hospital or medical service company, health maintenance organization, or any agent, or entity that administers benefit plans, or similar organizations from underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (2) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that are based on underwriting risks, classifying risks, or administering such risks that are based on or not inconsistent with State law; or (3) a person or organization covered by this chapter from establishing, sponsoring, observing or administering the terms of a bona fide benefit plan that is not subject to State laws that regulate insurance. Paragraphs (1), (2), and (3) shall not be used as a subterfuge to evade the purposes of subchapter I and III of this chapter. (d) Accommodations and services Nothing in this chapter shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit which such individual chooses not to accept. (e) Benefits under State worker's compensation laws Nothing in this chapter alters the standards for determining eligibility for benefits under State worker's compensation laws or under State and Federal disability benefit programs. (f) Fundamental alteration Nothing in this chapter alters the provision of section 12182(b)(2)(A)(ii), specifying that reasonable modifications in policies, practices, or procedures shall be required, unless an entity can demonstrate that making such modifications in policies, practices, or procedures, including academic requirements in postsecondary education, would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations involved. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (g) Claims of no disability Nothing in this chapter shall provide the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual's lack of disability. (h) Reasonable accommodations and modifications A covered entity under subchapter I, a public entity under subchapter II, and any person who owns, leases (or leases to), or operates a place of public accommodation under subchapter III, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability in section 12102(1) solely under subparagraph (C) of such section. Sec. 12202. State immunity A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this chapter. In any action against a State for a violation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. Sec. 12203. Prohibition against retaliation and coercion (a) Retaliation No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter. (b) Interference, coercion, or intimidation It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter. (c) Remedies and procedures The remedies and procedures available under sections 12117, 12133, and 12188 of this title shall be available to aggrieved persons for violations of subsections (a) and (b) of this section, with respect to subchapter I, subchapter II and subchapter III of this chapter, respectively. Sec. 12204. Regulations by Architectural and Transportation Barriers Compliance Board (a) Issuance of guidelines Not later than 9 months after July 26, 1990, the Architectural and Transportation Barriers Compliance Board shall issue minimum guidelines that shall supplement the existing Minimum Guidelines and Requirements for Accessible Design for purposes of subchapters II and III of this chapter. (b) Contents of guidelines The supplemental guidelines issued under subsection (a) of this section shall establish additional requirements, consistent with this chapter, to ensure that buildings, facilities, rail passenger cars, and vehicles are accessible, in terms of architecture and design, transportation, and communication, to individuals with disabilities. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (c) Qualified historic properties (1) In general The supplemental guidelines issued under subsection (a) of this section shall include procedures and requirements for alterations that will threaten or destroy the historic significance of qualified historic buildings and facilities as defined in 4.1.7(1)(a) of the Uniform Federal Accessibility Standards. (2) Sites eligible for listing in National Register With respect to alterations of buildings or facilities that are eligible for listing in the National Register of Historic Places under the National Historic Preservation Act (16 U.S.C. 470 et seq.), the guidelines described in paragraph (1) shall, at a minimum, maintain the procedures and requirements established in 4.1.7(1) and (2) of the Uniform Federal Accessibility Standards. (3) Other sites With respect to alterations of buildings or facilities designated as historic under State or local law, the guidelines described in paragraph (1) shall establish procedures equivalent to those established by 4.1.7(1)(b) and (c) of the Uniform Federal Accessibility Standards, and shall require, at a minimum, compliance with the requirements established in 4.1.7(2) of such standards. Sec. 12205. Attorney's fees In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual. Sec. 12205a. Rule of Construction Regarding Regulatory Authority The authority to issue regulations granted to the Equal Employment Opportunity Commission, the Attorney General, and the Secretary of Transportation under this chapter includes the authority to issue regulations implementing the definitions of disability in section 12102 (including rules of construction) and the definitions in section 12103, consistent with the ADA Amendments Act of 2008. Sec. 12206. Technical assistance (a) Plan for assistance (1) In general Not later than 180 days after July 26, 1990, the Attorney General, in consultation with the Chair of the Equal Employment Opportunity Commission, the Secretary of Transportation, the Chair of the Architectural and Transportation Barriers Compliance Board, and the Chairman of the Federal Communications Commission, shall develop a plan to assist entities covered under this chapter, and other Federal agencies, in understanding the responsibility of such entities and agencies under this chapter. (2) Publication of plan The Attorney General shall publish the plan referred to in paragraph (1) for public comment in accordance with subchapter II of chapter 5 of title 5 (commonly known as the Administrative Procedure Act). https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (b) Agency and public assistance The Attorney General may obtain the assistance of other Federal agencies in carrying out subsection (a) of this section, including the National Council on Disability, the President's Committee on Employment of People with Disabilities, the Small Business Administration, and the Department of Commerce. (c) Implementation (1) Rendering assistance Each Federal agency that has responsibility under paragraph (2) for implementing this chapter may render technical assistance to individuals and institutions that have rights or duties under the respective subchapter or subchapters of this chapter for which such agency has responsibility. (2) Implementation of subchapters (A) Subchapter I The Equal Employment Opportunity Commission and the Attorney General shall implement the plan for assistance developed under subsection (a) of this section, for subchapter I of this chapter. (B) Subchapter II (i) Part A The Attorney General shall implement such plan for assistance for part A of subchapter II of this chapter. (ii) Part B The Secretary of Transportation shall implement such plan for assistance for part B of subchapter II of this chapter. (C) Subchapter III The Attorney General, in coordination with the Secretary of Transportation and the Chair of the Architectural Transportation Barriers Compliance Board, shall implement such plan for assistance for subchapter III of this chapter, except for section 12184 of this title, the plan for assistance for which shall be implemented by the Secretary of Transportation. (D) Title IV The Chairman of the Federal Communications Commission, in coordination with the Attorney General, shall implement such plan for assistance for title IV. (3) Technical assistance manuals Each Federal agency that has responsibility under paragraph (2) for implementing this chapter shall, as part of its implementation responsibilities, ensure the availability and provision of appropriate technical assistance manuals to individuals or entities with rights or duties under this chapter no later than six months after applicable final regulations are published under subchapters I, II, and III of this chapter and title IV. (d) Grants and contracts (1) In general https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Each Federal agency that has responsibility under subsection (c) (2) of this section for implementing this chapter may make grants or award contracts to effectuate the purposes of this section, subject to the availability of appropriations. Such grants and contracts may be awarded to individuals, institutions not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual (including educational institutions), and associations representing individuals who have rights or duties under this chapter. Contracts may be awarded to entities organized for profit, but such entities may not be the recipients or grants described in this paragraph. (2) Dissemination of information Such grants and contracts, among other uses, may be designed to ensure wide dissemination of information about the rights and duties established by this chapter and to provide information and technical assistance about techniques for effective compliance with this chapter. (e) Failure to receive assistance An employer, public accommodation, or other entity covered under this chapter shall not be excused from compliance with the requirements of this chapter because of any failure to receive technical assistance under this section, including any failure in the development or dissemination of any technical assistance manual authorized by this section. Sec. 12207. Federal wilderness areas (a) Study The National Council on Disability shall conduct a study and report on the effect that wilderness designations and wilderness land management practices have on the ability of individuals with disabilities to use and enjoy the National Wilderness Preservation System as established under the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Submission of report Not later than 1 year after July 26, 1990, the National Council on Disability shall submit the report required under subsection (a) of this section to Congress. (c) Specific wilderness access (1) In general Congress reaffirms that nothing in the Wilderness Act (16 U.S.C. 1131 et seq.) is to be construed as prohibiting the use of a wheelchair in a wilderness area by an individual whose disability requires use of a wheelchair, and consistent with the Wilderness Act no agency is required to provide any form of special treatment or accommodation, or to construct any facilities or modify any conditions of lands within a wilderness area in order to facilitate such use. (2) "Wheelchair" defined For purposes of paragraph (1), the term "wheelchair" means a device designed solely for use by a mobility-impaired person for locomotion, that is suitable for use in an indoor pedestrian area. Sec. 12208. Transvestites For the purposes of this chapter, the term "disabled" or "disability" shall not apply to an individual solely because that individual is a transvestite. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Sec. 12209. Instrumentalities of Congress The General Accounting Office, the Government Printing Office, and the Library of Congress shall be covered as follows: (1) In general The rights and protections under this chapter shall, subject to paragraph (2), apply with respect to the conduct of each instrumentality of the Congress. (2) Establishment of remedies and procedures by instrumentalities The chief official of each instrumentality of the Congress shall establish remedies and procedures to be utilized with respect to the rights and protections provided pursuant to paragraph (1). (3) Report to Congress The chief official of each instrumentality of the Congress shall, after establishing remedies and procedures for purposes of paragraph (2), submit to the Congress a report describing the remedies and procedures. (4) Definition of instrumentalities For purposes of this section, the term "instrumentality of the Congress" means the following: the General Accounting Office, the Government Printing Office, and the Library of Congress. (5) Enforcement of employment rights The remedies and procedures set forth in section 2000e -16 of this title shall be available to any employee of an instrumentality of the Congress who alleges a violation of the rights and protections under sections 12112 through 12114 of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (6) Enforcement of rights to public services and accommodations The remedies and procedures set forth in section 2000e -16 of this title shall be available to any qualified person with a disability who is a visitor, guest, or patron of an instrumentality of Congress and who alleges a violation of the rights and protections under sections 12131 through 12150 of this title or section 12182 or 12183 of this title that are made applicable by this section, except that the authorities of the Equal Employment Opportunity Commission shall be exercised by the chief official of the instrumentality of the Congress. (7) Construction Nothing in this section shall alter the enforcement procedures for individuals with disabilities provided in the General Accounting Office Personnel Act of 1980 and regulations promulgated pursuant to that Act. Sec. 12210. Illegal use of drugs (a) In general For purposes of this chapter, the term "individual with a disability" does not include an individual who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (b) Rules of construction Nothing in subsection (a) of this section shall be construed to exclude as an individual with a disability an individual who (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use; (2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or (3) is erroneously regarded as engaging in such use, but is not engaging in such use; except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs; however, nothing in this section shall be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs. (c) Health and other services Notwithstanding subsection (a) of this section and section 12211(b)(3) of this subchapter, an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services. (d) "Illegal use of drugs" defined (1) In general The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act (21 U.S.C. 801 et seq.). Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law. (2) Drugs The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812). Sec. 12211. Definitions (a) Homosexuality and bisexuality For purposes of the definition of "disability" in section 12102(2) of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter. (b) Certain conditions Under this chapter, the term "disability" shall not include (1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or pyromania; or (3) psychoactive substance use disorders resulting from current illegal use of drugs. https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 Sec. 12212. Alternative means of dispute resolution Where appropriate and to the extent authorized by law, the use of alternative means of dispute resolution, including settlement negotiations, conciliation, facilitation, mediation, fact-finding, minitrials, and arbitration, is encouraged to resolve disputes arising under this chapter. Sec. 12213. Severability Should any provision in this chapter be found to be unconstitutional by a court of law, such provision shall be severed from the remainder of the chapter, and such action shall not affect the enforceability of the remaining provisions of the chapter. TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER II - COMMON CARRIERS Part I - Common Carrier Regulation Sec. 225. Telecommunications services for hearing-impaired and speech-impaired individuals (a) Definitions As used in this section (1) Common carrier or carrier The term "common carrier" or "carrier" includes any common carrier engaged in interstate communication by wire or radio as defined in section 153 of this title and any common carrier engaged in intrastate communication by wire or radio, notwithstanding sections 152(a) and 221(a) of this title. (2) TDD The term "TDD" means a Telecommunications Device for the Deaf which is a machine that employs graphic communication in the transmission of coded signals through a wire or radio communication system. (3) Telecommunications relay services The term "telecommunications relay services" means telephone transmission relay services that provide the ability for an individual who has a hearing impairment or speech impairment to engage in communication by wire or radio with a hearing individual in a manner that is functionally equivalent to the ability of an individual who does not have a hearing impairment or speech impairment to communicate using voice communication services by wire or radio. Such term includes services that enable two-way communication between an individual who uses a TDD or other nonvoice terminal device and an individual who does not use such a device. (b) Availability of telecommunications relay service (1) In general In order to carry out the purposes established under section 151 of this title, to make available to all individuals in the United States a rapid, efficient nationwide communication service, and to increase the https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 utility of the telephone system of the Nation, the Commission shall ensure that interstate and intrastate telecommunications relay services are available, to the extent possible and in the most efficient manner, to hearing-impaired and speech-impaired individuals in the United States. (2) Use of general authority and remedies For the purposes of administering and enforcing the provisions of this section and the regulations prescribed thereunder, the Commission shall have the same authority, power, and functions with respect to common carriers engaged in intrastate communication as the Commission has in administering and enforcing the provisions of this subchapter with respect to any common carrier engaged in interstate communication. Any violation of this section by any common carrier engaged in intrastate communication shall be subject to the same remedies, penalties, and procedures as are applicable to a violation of this chapter by a common carrier engaged in interstate communication. (c) Provision of services Each common carrier providing telephone voice transmission services shall, not later than 3 years after July 26, 1990, provide in compliance with the regulations prescribed under this section, throughout the area in which it offers service, telecommunications relay services, individually, through designees, through a competitively selected vendor, or in concert with other carriers. A common carrier shall be considered to be in compliance with such regulations (1) with respect to intrastate telecommunications relay services in any State that does not have a certified program under subsection (f) of this section and with respect to interstate telecommunications relay services, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the Commission's regulations under subsection (d) of this section; or (2) with respect to intrastate telecommunications relay services in any State that has a certified program under subsection (f) of this section for such State, if such common carrier (or other entity through which the carrier is providing such relay services) is in compliance with the program certified under subsection (f) of this section for such State. (d) Regulations (1) In general The Commission shall, not later than 1 year after July 26, 1990, prescribe regulations to implement this section, including regulations that (A) establish functional requirements, guidelines, and operations procedures for telecommunications relay services; (B) establish minimum standards that shall be met in carrying out subsection (c) of this section; (C) require that telecommunications relay services operate every day for 24 hours per day; (D) require that users of telecommunications relay services pay rates no greater than the rates paid for functionally equivalent voice communication services with respect to such factors as the duration of the call, the time of day, and the distance from point of origination to point of termination; (E) prohibit relay operators from failing to fulfill the obligations of common carriers by refusing calls or limiting the length of calls that use telecommunications relay services; (F) prohibit relay operators from disclosing the content of any relayed conversation and from https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 keeping records of the content of any such conversation beyond the duration of the call; and (G) prohibit relay operators from intentionally altering a relayed conversation. (2) Technology The Commission shall ensure that regulations prescribed to implement this section encourage, consistent with section 157(a) of this title, the use of existing technology and do not discourage or impair the development of improved technology. (3) Jurisdictional separation of costs (A) In general Consistent with the provisions of section 410 of this title, the Commission shall prescribe regulations governing the jurisdictional separation of costs for the services provided pursuant to this section. (B) Recovering costs Such regulations shall generally provide that costs caused by interstate telecommunications relay services shall be recovered from all subscribers for every interstate service and costs caused by intrastate telecommunications relay services shall be recovered from the intrastate jurisdiction. In a State that has a certified program under subsection (f) of this section, a State commission shall permit a common carrier to recover the costs incurred in providing intrastate telecommunications relay services by a method consistent with the requirements of this section. (e) Enforcement (1) In general Subject to subsections (f) and (g) of this section, the Commission shall enforce this section. (2) Complaint The Commission shall resolve, by final order, a complaint alleging a violation of this section within 180 days after the date such complaint is filed. (f) Certification (1) State documentation Any State desiring to establish a State program under this section shall submit documentation to the Commission that describes the program of such State for implementing intrastate telecommunications relay services and the procedures and remedies available for enforcing any requirements imposed by the State program. (2) Requirements for certification After review of such documentation, the Commission shall certify the State program if the Commission determines that (A) the program makes available to hearing-impaired and speech-impaired individuals, either directly, through designees, through a competitively selected vendor, or through regulation of intrastate common carriers, intrastate telecommunications relay services in such State in a manner that meets or exceeds the requirements of regulations prescribed by the Commission under https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 subsection (d) of this section; and (B) the program makes available adequate procedures and remedies for enforcing the requirements of the State program. (3) Method of funding Except as provided in subsection (d) of this section, the Commission shall not refuse to certify a State program based solely on the method such State will implement for funding intrastate telecommunication relay services. (4) Suspension or revocation of certification The Commission may suspend or revoke such certification if, after notice and opportunity for hearing, the Commission determines that such certification is no longer warranted. In a State whose program has been suspended or revoked, the Commission shall take such steps as may be necessary, consistent with this section, to ensure continuity of telecommunications relay services. (g) Complaint (1) Referral of complaint If a complaint to the Commission alleges a violation of this section with respect to intrastate telecommunications relay services within a State and certification of the program of such State under subsection (f) of this section is in effect, the Commission shall refer such complaint to such State. (2) Jurisdiction of Commission After referring a complaint to a State under paragraph (1), the Commission shall exercise jurisdiction over such complaint only if (A) final action under such State program has not been taken on such complaint by such State (i) within 180 days after the complaint is filed with such State; or (ii) within a shorter period as prescribed by the regulations of such State; or (B) the Commission determines that such State program is no longer qualified for certification under subsection (f) of this section. TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS CHAPTER 5 - WIRE OR RADIO COMMUNICATION SUBCHAPTER VI - MISCELLANEOUS PROVISIONS Sec. 611. Closed-captioning of public service announcements Any television public service announcement that is produced or funded in whole or in part by any agency or instrumentality of Federal Government shall include closed captioning of the verbal content of such announcement. A television broadcast station licensee (1) shall not be required to supply closed captioning for any such announcement that fails to include it; and https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] Americans with Disabilities Act of 1990,AS AMENDED with ADA Amendments Act of 2008 (2) shall not be liable for broadcasting any such announcement without transmitting a closed caption unless the licensee intentionally fails to transmit the closed caption that was included with the announcement. Top of Document Last updated June 15, 2009 https://www.ada.gov/pubs/adastatute08.htm#12210\[4/2/2019 2:53:59 PM\] 1 Minutes 2 Planning and Zoning Commission 3 May 15, 2019 4 5 6 After determining that a quorum was present, the Planning and Zoning Commission of the City of 7 Denton, Texas convened in a Work Session on Wednesday, May 15, 2019 at 4:00 p.m. in the 8 Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the 9 following items were considered: 10 11 PRESENT: Chair Andrew Rozell. Commissioners: Larry Beck, Jason Cole, Mat Pruneda, 12 Margie Ellis, and Tim Smith. 13 14 ABSENT: Commissioner Alfred Sanchez. 15 16 STAFF: Richard Cannone, Jerry Drake, Cynthia Kirchoff, Ron Menguita, Julie Wyatt, 17 Hayley Zagurski, Cindy Jackson, Karina Maldonado, Mark Laird, Charlie Rosendahl and 18 Cathy Welborn. 19 20 WORK SESSION 21 22 Chair Rozell called the Work Session to order at 4:05 p.m. 23 24 1.Work Session Reports 25 26 A.Draft Policies and Procedures for the Planning and Zoning Commission: 27· Boards and Commission attendance policy. 28 29 Charlie Rosendahl, Business Services Manager, presented Work Session Report 1A. 30 31 Chair Rozell questioned if the 50 percent absences included special called meetings. Rosendahl 32 stated it only includes regularly called and scheduled meetings. 33 34 Rosendahl informed the Planning and Zoning Commissioners if they are unable to attend a meeting 35 to let Richard Cannone, Deputy Director of Development Services or Cathy Welborn, 36 Administrative Assistant III, know and provide the reason why in order to determine if it is excused 37 or unexcused. If a Commissioner requested, an unexcused absence could be brought before the 38 Planning and Zoning Commission as an item for individual consideration to take a vote on 39 excusing the absence. 40 41 B.Notification update. 42 43 Charlie Rosendahl, Business Services Manager, presented Work Session Report 1B. 44 45 Rosendahl stated City Council directed staff to begin using utility service addresses rather than 46 Denton County Appraisal District (DCAD) data for 500-foot courtesy notices. Commissioner 1 1 Pruneda questioned how the property owners would be notified if they don’t have service through 2 the City of Denton. Rosendahl stated staff is legally required to send the 200-foot letter to the 3 property owners, which will still be determined using the most recently approved tax roll as 4 determined by DCAD data. 5 6 C.2019 Development Code and City Initiated Rezoning’s. 7 8 Ron Menguita, Principal Planner, presented Work Session item 1C. Menguita provided the 9 expected areas for the upcoming Public Hearing dates for the City initiated rezoning's. 10 11 Chair Rozell questioned how much the Future Land Use Map (FLUM) will be used as an asset 12 during the City Initiated Rezoning process. Menguita stated it will depend on the area. Rozell 13 questioned if this process will clear up all split zoning areas. Menguita stated yes this will address 14 many properties with split zoning. 15 16 2.Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for 17 Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may 18 include a full briefing on an item in the order it appears on the regular session agenda. Any such 19 briefing will be repeated in regular session. 20 21 Chair Rozell stated Public Hearing items 3A, 3B and 3C have been postponed. 22 23 Commissioner Smith arrived. 24 25 Karina Maldonado, Assistant Planner, presented Public Hearing 3D. Maldonado stated the request 26 is to rezone from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4) and 27 add a single family residence and accessory structure. Staff does recommend approval of the 28 request. 29 30 Julie Wyatt, Senior Planner, presented Public Hearing item 3E. Wyatt stated the request is to 31 rezone from Rural Residential District (RD-5) to Neighborhood Residential 4 (NR-4) district on 32 36 acres, Neighborhood Residential 3 (NR-3) on 41 acres, and Neighborhood Residential 2 (NR- 33 2) on 15 acres, totaling approximately 92.06 acres of land. 34 35 Wyatt stated while the request is not consistent with the Future Land Use designation, the proposal, 36 when combined with the following overlay conditions, meets the overall goals within Denton Plan 37 2030; and therefore, staff recommends approval with the following: 1. only single-family detached 38 dwellings are permitted. 2. An off-street multi-use path (trail) is required to be installed and must 39 include the following: A. Each residential lot should be located within 1,300 feet of an access 40 point.B. Two remote connections to adjacent properties are required to ensure that the network 41 will be continued with subsequent development. For the purposes of the multi-use path (trail), 42 remoteness is defined as half of the length of the longest diagonal line bisecting the subject 43 property.3. A 30-foot landscape buffer is required along FM 428 for the entire frontage of the 44 property. The 30-foot landscape buffer shall begin from the Public Utility Easement (PUE) 45 dedicated through the platting process. If a PUE is not required, the landscape area shall begin 46 from the right-of-way dedicated through the platting process. The 30-foot landscape buffer shall 2 1 include the following elements: A. Landscaped berm with a maximum 3:1 side slope on both sides. 2 B. One large canopy tree planted every 30 linear feet. C. Thirty shrubs planted per 100 linear feet. 3 Shrubs may be clustered to create a more natural effect. D. A maximum 6-foot tall masonry, 4 wrought-iron, or split-rail fence. The fence can either be constructed along the rear property line 5 of the single-family lots or meander through the landscape buffer, provided that 75% of the 6 required landscaping is located between the fence and FM 428. 7 Commissioner Ellis arrived. 8 9 Commissioner Smith questioned what this would be classified as under the new Denton 10 Development Code (DDC). Wyatt stated if the conditions are approved it would go forward as a 11 Planned Development (PD) but the underlying zoning would transfer. 12 13 Hayley Zagurski, Senior Planner, presented Public Hearing item 3F. Zagurski stated the request is 14 to make an amendment to the Rayzor Ranch Overlay District to provide standards and criteria for 15 residential development within the Rayzor Ranch South Campus - South Mixed Use District. 16 Zagurski stated staff recommends approval of the request with the following condition: 1.Section 17 35.7.15.10.A \[RROD Parking\] be updated to include the following language: “3. Subsection 18 35.14.7.C Mixed Uses \[DDC Parking\] shall not apply to residential uses with a base zoning of 19 NRMU District and located in the South Mixed-Use District east of Heritage Trail insofar as a 20 parking reduction beyond the minimum required amount shall not be granted for any residential 21 uses.” 22 Julie Wyatt, Senior Planner, presented Public Hearing items 3G and 3H. 23 24 Wyatt stated the request for Public Hearing item 3G is a city-initiated revision to the Denton 25 Development Code (DDC); specifically to amend Subchapter 5 Zoning Districts and Limitations, 26 Subchapter 8, Group Homes, Subchapter 14, Parking Standards, and Subchapter 23, Definitions 27 related to supportive residential uses and treatment facilities. 28 Commissioner Ellis stated we are looking to amend the old DDC in order for the applicant to start 29 before the adoption on the new DDC. Wyatt stated yes, that is correct. Ellis questioned why the 30 old code is being amended, how the change would look in the new code, and whether the new code 31 would need to be amended. Wyatt stated yes, the way staff crafted the language in a way to be 32 transferred easily and the amendment will come back before the Planning and Zoning Commission 33 to get language cleaned up and get it in the new code. 34 35 Wyatt stated staff does recommend approval of the proposed text amendments to Denton 36 Development Code Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, 37 Subchapter 14, Parking Standards, and Subchapter 23, Definitions. 38 39 Commissioner Smith requested for a consideration to move Public Hearing item 3G and 3H before 40 Public Hearing item 3E. Chair Rozell stated yes they can consider the change. 41 Chair Rozell called a recess at 5:49 p.m. 42 43 Chair Rozell reconvened the Work Session at 6:06 p.m. 3 1 2 3 Wyatt stated the request for Public Hearing item 3H is for a Specific Use Permit for a Treatment 4 Facility. Wyatt stated staff does recommend approval of the request with the following conditions: 5 1. Sobering Centers, defined as a place for individuals to stay in lieu of arrest until sober enough 6 to safely leave (four to six hours), are not permitted on the site. 2. The facility administrator must 7 provide evidence of licensing in accordance with Texas Health and Safety Code Chapter 464, 8 Facilities Treating Persons with a Chemical Dependency as part of the yearly fire inspection. 3. 9 Any existing driveways which are not shown on the concept plan must be removed and curb and 10 gutter repaired with public improvements. 4.Bicycle racks are required to be installed at a rate of 11 one per ten required parking spaces. 5. Required buffers (beginning at the front yard setback): A. 12 Six-foot tall wood fence along the north, east, and south property lines. B. Medium- or small- 13 canopy trees planted every 30 linear feet along the north and south property lines. 6. All future 14 buildings must be designed with residential character, including: A. Primary entrances facing the 15 public right-of-way or plaza. B. Buildings shall incorporate at least three of the following: dormers, 16 gables, recessed entries, covered front porches, cupolas, architectural posts, or bay window with a 17 minimum 24 inches of projection. C. The front façade (facing the public right-of-way) must 18 provide windows and doors for at least 15 percent of the wall area. D. Exterior finishes shall be of 19 wood, masonry, or cementitious siding. E. Masonry shall comprise a minimum of 25 percent of 20 the exterior finishes of the total building elevation. 7. All existing and proposed solid waste 21 receptacles must be located along the rear property line and screened from public view. 8. All other 22 requirements outlined in the DDC regulations adopted on April 23, 2019 shall apply, including, 23 but not limited to, tree preservation, landscaping, fencing, and screening. 24 Commissioner Ellis questioned if the applicant has the required license. Wyatt stated the applicant 25 will be here this evening to answer those questions. 26 27 Commissioner Ellis questioned if staff received input from Texas Women’s University (TWU). 28 Wyatt stated they did receive notification but staff has not received any responses. 29 30 Chair Rozell stated the order of the May 15, 2019 Planning and Zoning Commission agenda has 31 been changed to Public Hearing items 3A, 3B and 3C have been postponed, 3D will be heard as 32 listed, then 3G, 3H, 3E and 3F. 33 34 Chair Rozell closed the Work Session at 6:22 p.m. 35 36 REGULAR MEETING 37 38 The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, May 15, 39 2019 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the 40 following items were considered: 41 42 Chair Rozell opened the Regular Meeting at 6:36 p.m. 43 44 1.PLEDGE OF ALLEGIANCE 4 1 A. U.S. Flag B. Texas Flag 2 3 2.CONSENT AGENDA 4 5 A.Consider a request by Baird, Hampton & Brown representing Beall Denton Partners, 6 L.P., for approval of a Preliminary Plat of the Northpointe Addition, Phases 5-8. The 7 approximately 34.431 acre property is generally located on the south side of Loop 288, 8 approximately 3,642 feet west of N. Locust Street, in the City of Denton, Denton County, 9 Texas. (PP18-0019, Northpointe Addition, Ph. 5-8, Cindy Jackson) 10 11 B.Consider a request by Tony Kimbrough, representing Christner Development, LLC., for 12 approval of a Final Plat of Cooper Creek Estates Addition, Lots 1 thru 5, Block A. The 13 approximately 14.92-acre tract is generally located along north Cooper Creek Road at the 14 southwest intersection of Hartlee Field Road and Cooper Creek Road in the extra territorial 15 jurisdiction of the City of Denton, Denton County, Texas (FP19-0005 Cooper Creek 16 Estates Addition, Mark Laird). 17 18 C.Consider a request by MM Westgate, LLC. for approval of a Preliminary Plat for Kings 19 Ridge. The approximately 78-acre tract of land is generally located on the west side of 20 North Bonnie Brae Street, approximately 250 feet south of US Highway 77/North Elm 21 Street in the City of Denton, Denton County, Texas. (PP19-0001, Kings Ridge, Julie 22 Wyatt) 23 24 Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to approve the Consent 25 Agenda. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole 26"aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis 27"aye", and Commissioner Tim Smith "aye". 28 29 3.PUBLIC HEARINGS 30 31 Chair Rozell stated for the record that Public Hearing item 3A, 3B, 3C have been postponed. Chair 32 Rozell continued to state the agenda items have also been reordered to 3D, 3G, 3H, 3E and 3F. 33 34 A.Hold a public hearing and consider making a recommendation to City Council regarding 35 a request by Denton West Joint Venture to amend Ordinance 2014-075 to remove overlay 36 restrictions on approximately 8.627 acres of land zoned Neighborhood Residential Mixed 37 Use (NRMU) District, generally located on the north side of East Ryan Road, 38 approximately 850 feet west of Teasley Lane in the City of Denton, Denton County, Texas. 39 THIS ITEM HAS BEEN POSTPONED TO THE JUNE 5, 2019 PLANNING AND 40 ZONING COMMISSION MEETING. (Z18-0025, Hunters Creek, Julie Wyatt) 41 42 B.Hold a public hearing and consider making a recommendation to City Council regarding 43 a request by Denton West Joint Venture for a Specific Use Permit for multi-family 44 dwellings on approximately 8.627 acres of land zoned Neighborhood Residential Mixed 45 Use (NRMU) District, generally located on the north side of East Ryan Road, 46 approximately 850 feet west of Teasley Lane in the City of Denton, Denton County, Texas. 5 1 THIS ITEM HAS BEEN POSTPONED TO THE JUNE 5, 2019 PLANNING AND 2 ZONING COMMISSION MEETING. (S19-0004, Hunters Creek, Julie Wyatt) 3 4 C.Hold a public hearing and consider making a recommendation to City Council, 5 amending the newly revised (2019) Denton Development Code to: add Section 2.1.2(I), 6 Design Standards Review Procedures; to amend Table 2.2-A: Summary of Development 7 Review Procedures, to add Section 2.10 Design Standards Review Procedures, for the 8 purpose of establishing procedures for processing an application for a Certificate of Design 9 Consistency; to add a new section 4.10, establishing The Denton Square District, generally 10 bounded by Cedar Street, Pecan Street, Austin Street, and Walnut Street, in Denton, Texas, 11 and generally including all properties adjoining those boundary streets, providing for 12 design standards for new construction and certain repairs and renovations within the 13 boundaries of said Denton Square District; and providing for appeals; to provide for 14 severability, penalties in the maximum amount of $2,000.00 for violations thereof, savings, 15 repealer, publication, and an effective date; and further recommending approval to City 16 Council of the Denton Square District Design Guidelines as an additional source of 17 guidance for future construction, repairs, and renovations in the Denton Square District. 18(DCA18-0007, The Denton Square District, Sean Jacobson). THIS ITEM IS 19 POSTPONED TO THE MAY 29, 2019 MEETING OF THE PLANNING & ZONING 20 COMMISSION. THIS ITEM WILL BE RENOTICED FOR THAT DATE. 21 22 D.Hold a public hearing and consider making a recommendation to City Council regarding 23 a request by Epic Hill Homes, LLC representing Camila Martinez for a zoning change from 24 Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 4 (NR-4) Zoning 25 District. The applicant is proposing to construct a single-family dwelling and accessory 26 structure on the subject property totaling approximately 4,515 square feet. The subject 27 property is generally located on the north side of Prairie Street, adjacent to Oakwood 28 Cemetery and approximately 610 feet west of South Bradshaw Street, in the City of 29 Denton, Denton County, Texas. (Z19-0004, Prairie Parcel, Karina Maldonado) 30 31 Chair Rozell opened the Public Hearing. 32 33 Karina Maldonado, Assistant Planner, presented Public Hearing item 3D. Maldonado stated the 34 request is to rezone from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR- 35 4) and add a single family residence and accessory structure. Staff does recommend approval of 36 the request. 37 38 The following individual spoke during the Public Hearing: 39 Baltazar Mesta, 503 Chambers Street, Denton, Texas 76205. Supports the request. 40 41 Chair Rozell closed the Public Hearing. 42 43 Commissioner Mat Pruneda motioned, Commissioner Jason Cole seconded to approve Public 44 Hearing item 3D. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason 45 Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie 46 Ellis "aye", and Commissioner Tim Smith "aye". 6 1 2 G.Hold a public hearing and consider making a recommendation to City Council regarding 3 a proposed revision to the Denton Development Code; specifically to amend Subchapter 5 4 Zoning Districts and Limitations, Subchapter 8, Group Homes, Subchapter 14, Parking 5 Standards, and Subchapter 23, Definitions related to supportive residential uses and 6 treatment facilities. (DCA19-0004, Treatment Centers, Julie Wyatt) 7 8 Chair Rozell opened the Public Hearing. 9 10 Wyatt stated the request for Public Hearing item 3G is a city-initiated revision to the DDC; 11 specifically to amend Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, 12 Subchapter 14, Parking Standards, and Subchapter 23, Definitions related to supportive residential 13 uses and treatment facilities. 14 Wyatt stated staff does recommend approval of the proposed text amendments to Denton 15 Development Code Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, 16 Subchapter 14, Parking Standards, and Subchapter 23, Definitions. 17 18 Chair Rozell closed the Public Hearing. 19 20 Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to approve Public 21 Hearing item 3G. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason 22 Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie 23 Ellis "aye", and Commissioner Tim Smith "aye". 24 25 H.Hold a public hearing and consider making a recommendation to City Council regarding 26 a request by Solutions of North Texas for a Specific Use Permit for a Treatment Facility 27 on approximately 4.4 acres of land zoned Downtown Residential 2 (DR-2) District, 28 generally located on the east side of North Ruddell Street, approximately 495 feet north of 29 Mingo Road in the City of Denton, Denton County, Texas. (S19-0009, Ruddell Campus, 30 Julie Wyatt) 31 32 Chair Rozell opened the Public Hearing. 33 34 Julie Wyatt, Senior Planner, presented Public Hearing item 3H. Wyatt stated the request for Public 35 Hearing item 3H is for a Specific Use Permit for a Treatment Facility. Wyatt stated staff does 36 recommend approval of the request with the following conditions: 1. Sobering Centers, defined as 37 a place for individuals to stay in lieu of arrest until sober enough to safely leave (four to six hours), 38 are not permitted on the site. 2. The facility administrator must provide evidence of licensing in 39 accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a 40 Chemical Dependency as part of the yearly fire inspection. 3.Any existing driveways which are 41 not shown on the concept plan must be removed and curb and gutter repaired with public 42 improvements. 4.Bicycle racks are required to be installed at a rate of one per ten required parking 43 spaces.5. Required buffers (beginning at the front yard setback): A. Six-foot tall wood fence along 44 the north, east, and south property lines. B. Medium- or small-canopy trees planted every 30 linear 45 feet along the north and south property lines. 6. All future buildings must be designed with 7 1 residential character, including: A. Primary entrances facing the public right-of-way or plaza. B. 2 Buildings shall incorporate at least three of the following: dormers, gables, recessed entries, 3 covered front porches, cupolas, architectural posts, or bay window with a minimum 24 inches of 4 projection.C. The front façade (facing the public right-of-way) must provide windows and doors 5 for at least 15 percent of the wall area. D. Exterior finishes shall be of wood, masonry, or 6 cementitious siding. E. Masonry shall comprise a minimum of 25 percent of the exterior finishes 7 of the total building elevation. 7. All existing and proposed solid waste receptacles must be located 8 along the rear property line and screened from public view. 8. All other requirements outlined in 9 the DDC regulations adopted on April 23, 2019 shall apply, including, but not limited to, tree 10 preservation, landscaping, fencing, and screening. 11 Commissioner Beck questioned if the applicant would be required to install sidewalks along the 12 subject property. Wyatt stated yes as part of their development they will have to install the sidewalk 13 along their frontage. 14 15 The following individual spoke during the Public Hearing: 16 Scott Wisenbaker, 4700 Gunnison Drive, Denton, Texas 76208. Supports the request. 17 18 Scott Wisenbaker, the applicant, handed out two handouts. 19 20 Commissioner Pruneda thanked the applicant for providing the crime history for the area. 21 22 Commissioner Ellis questioned if the applicant has the required license. Wisenbaker stated, yes he 23 currently holds the required license. Commissioner Ellis questioned if the applicant reached out to 24 Texas Women’s University (TWU). Wisenbaker stated yes he did reach out to TWU, with whom 25 Solutions of North Texas has great relationship, but did not hear back. Wisenbaker stated Solutions 26 of North Texas offers an internship program that TWU students utilize. 27 28 Chair Rozell closed the Public Hearing. 29 30 Commissioner Mat Pruneda motioned, Commissioner Jason Cole seconded to approve Public 31 Hearing item 3H with staff’s recommendations: 1. Sobering Centers, defined as a place for 32 individuals to stay in lieu of arrest until sober enough to safely leave (four to six hours), are not 33 permitted on the site. 2. The facility administrator must provide evidence of licensing in 34 accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a 35 Chemical Dependency as part of the yearly fire inspection. 3.Any existing driveways which are 36 not shown on the concept plan must be removed and curb and gutter repaired with public 37 improvements. 4.Bicycle racks are required to be installed at a rate of one per ten required parking 38 spaces.5. Required buffers (beginning at the front yard setback): A. Six-foot tall wood fence along 39 the north, east, and south property lines. B. Medium- or small-canopy trees planted every 30 linear 40 feet along the north and south property lines. 6. All future buildings must be designed with 41 residential character, including: A. Primary entrances facing the public right-of-way or plaza. B. 42 Buildings shall incorporate at least three of the following: dormers, gables, recessed entries, 43 covered front porches, cupolas, architectural posts, or bay window with a minimum 24 inches of 44 projection.C. The front façade (facing the public right-of-way) must provide windows and doors 45 for at least 15 percent of the wall area. D. Exterior finishes shall be of wood, masonry, or 8 1 cementitious siding. E. Masonry shall comprise a minimum of 25 percent of the exterior finishes 2 of the total building elevation. 7. All existing and proposed solid waste receptacles must be located 3 along the rear property line and screened from public view. 8. All other requirements outlined in 4 the DDC regulations adopted on April 23, 2019 shall apply, including, but not limited to, tree 5 preservation, landscaping, fencing, and screening. Motion approved (6-0). Commissioner Larry 6 Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat 7 Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 8 9 E.Hold a public hearing and consider making a recommendation to City Council regarding a 10 request by Agave Ranch Development LLC and 428 Diamond LLC for an initial zoning district 11 and use classification and a change in the zoning district and use classification from Rural 12 Residential (RD-5) district to Neighborhood Residential 4 (NR-4) district on 36 acres, 13 Neighborhood Residential 3 (NR-3) on 41 acres, and Neighborhood Residential 2 (NR-2) on 15 14 acres, totaling approximately 92.06 acres of land generally located on the east side of East Sherman 15 Drive (FM 428), approximately 1,465 feet north of Hartlee Field Road in the City of Denton, 16 Denton County, Texas. (Z18-0011, Agave Ranch, Julie Wyatt) 17 18 Chair Rozell opened the Public Hearing. 19 20 Julie Wyatt, Senior Planner, presented Public Hearing item 3E. Wyatt stated the request is for a 21 change in the zoning district and use classification from Rural Residential (RD-5) district to 22 Neighborhood Residential 4 (NR-4) district on 36 acres, Neighborhood Residential 3 (NR-3) on 23 41 acres, and Neighborhood Residential 2 (NR-2) on 15 acres, totaling approximately 92.06 acres 24 of land. 25 26 Wyatt stated while the request is not consistent with the Future Land Use designation, the proposal, 27 when combined with the following overlay conditions, meets the overall goals within Denton Plan 28 2030; and therefore, staff recommends approval with the following: 1. only single-family detached 29 dwellings are permitted. 2. An off-street multi-use path (trail) is required to be installed and must 30 include the following: A. Each residential lot should be located within 1,300 feet of an access 31 point.B. Two remote connections to adjacent properties are required to ensure that the network 32 will be continued with subsequent development. For the purposes of the multi-use path (trail), 33 remoteness is defined as half of the length of the longest diagonal line bisecting the subject 34 property.3. A 30-foot landscape buffer is required along FM 428 for the entire frontage of the 35 property. The 30-foot landscape buffer shall begin from the Public Utility Easement (PUE) 36 dedicated through the platting process. If a PUE is not required, the landscape area shall begin 37 from the right-of-way dedicated through the platting process. The 30-foot landscape buffer shall 38 include the following elements: A. Landscaped berm with a maximum 3:1 side slope on both sides. 39 B. One large canopy tree planted every 30 linear feet. C. Thirty shrubs planted per 100 linear feet. 40 Shrubs may be clustered to create a more natural effect. D. A maximum 6-foot tall masonry, 41 wrought-iron, or split-rail fence. The fence can either be constructed along the rear property line 42 of the single-family lots or meander through the landscape buffer, provided that 75% of the 43 required landscaping is located between the fence and FM 428. 44 Commissioner Smith questioned whether the cost for the Hartlee Field Road realignment would 45 be charged to the developer. Wyatt stated as part of any development or the platting of a property, 9 1 right-of-way dedication is part of that process and any perimeter street improvements or road way 2 on the site would have to be done by the developer. 3 4 Commissioner Smith questioned if adding a stop light at Hartlee Field Road and FM 428 will be 5 part of the realignment. Wyatt stated there has been some discussion of adding interventions at the 6 intersection. 7 8 Commissioner Ellis questioned how many single family residents (SFR) were proposed the first 9 time the project was before the Commission. Wyatt stated there were 368 SFR’s previously 10 proposed. 11 12 The following individuals spoke during the Public Hearing: 13 Jason Faigle, 2415 N. Elm Street, Denton, Texas 76201. Supports the request. 14 Aimee Bissett, 2415 N. Elm Street, Denton, Texas 76201. Supports the request. 15 Brenda Dobson Ashley, 2905 Osage Lane, Denton Texas 76210. Supports the request. 16 Susan Smith, 7736 F.M. 428, Denton, Texas 76208. Opposed to the request. 17 Bridgett Marshall, 3539 Pine Trail, Denton, Texas 76208. Opposed to the request. 18 Sharon Kremer, 3574 Pine Trail, Denton, Texas 76208. Opposed to the request. 19 Suzanne Fulton, 729 Greenwood Drive, Denton, Texas 76209. Opposed to the request. 20 Suzie Autry, 1501 Eufemia Drive, Denton, Texas 76207. Supports the request. 21 David Grant, 2701 Hartlee Field Road, Denton, Texas 76208. Supports the request. 22 Ann Woodbridge, 3596 Hartlee Field Road, Denton, Texas 76208. Opposed to the request. 23 Ned Woodbridge, 3596 Hartlee Field Road, Denton, Texas 76208. Opposed to the request. 24 Richard Wells, 3830 Warschun Road, Denton, Texas 76227. Opposed to the request. 25 Catlin Ashley, 3601 Meadowtrail Lane, Denton, Texas 76207. Supports the request. 26 Buddy Ford Dobson, 5547 Woodland Hills, Denton, Texas 76208. Support the request. 27 Ronald L Carter, 4105 Hartlee Field Road, Denton, Texas 76208. Supports the request. 28 Joshua Smith, 5020 Golden Circle, Denton, Texas 76208. Opposed to the request. 29 John Heilman, 300 Lamar Street, Roanoke, Texas 76262. Support the request. 30 31 Jason Faigle, Allison Engineering, and Aimee Bissett, Northbridge Consultants, provided a 32 presentation regarding the proposed development. 33 The following individuals requested not to speak: 34 Elizabeth Ferring, 4572 Coyote Point, Denton, Texas 76208. Opposed to the request. 35 Vickie McGovern, 3110 Hartlee Field Road, Denton, Texas 76208. Opposed to the request. 36 Walter McGovern, 3110 Hartlee Field Road, Denton, Texas 76208. Opposed to the request. 37 Janell Trachta, 2558 Deer Run Road, Aubrey, Texas 76227. Opposed to the request. 38 Kelly Grizzaffi, 2882 Trails End, Aubrey, Texas 76227. Opposed to the request. 39 40 Chair Rozell closed the Public Hearing. 41 42 Commissioner Smith motioned to approve Public Hearing item 3E with staff recommendations. 43 Commissioner Smith continued to state that Texas Department of Transportation (TxDOT) is very 44 reactionary and doesn’t feel the pressure unless they know the homes are coming. 45 10 1 Chair Rozell asked if there was a second to the motion on the board. Chair Rozell stated since 2 there is no seconded the motion fails. 3 4 Commissioner Cole stated he appreciates the applicant for making the changes but this is still the 5 same project just dressed up. Commissioner Cole stated he does not support this kind of density is 6 not appropriate next to rural areas. 7 8 Commissioner Beck thanked the citizens for coming out and agrees with both sides. Commissioner 9 Beck stated this development meets all the expectations he would have for a single family 10 residence, but he agrees with Commissioner Cole that this development does not belong in this 11 area. 12 13 Commissioner Beck motioned to deny Public Hearing item 3E. Commissioner Cole seconded. 14 Chair Rozell requested the Commission =continue the discussion. 15 16 Commissioner Ellis stated she is struggling with intensity of zoning for this side of FM 428, and 17 even though it looks like a great concept she is concerned about the feasibility of the project. 18 19 Commissioner Pruneda stated he would love to see this development in another location, and is 20 unable to support this project, but he hopes the developer is able to come back with a soft 21 Neighborhood Residential 3 (NR-3) to a larger Neighborhood Residential 2 (NR-2). 22 23 Commissioner Smith asked Bissett if the applicant was given the chance would they consider 24 lowering the density to an NR-3 and NR-2. Bissett stated she does not want to speak on behalf of 25 the property owner but he is here this evening. John Heilman, Property Owner, stated yes it is 26 possible and they have actually talked about changing the zoning from NR-4 to NR-3. 27 28 Chair Rozell stated he appreciates the willingness to change the zoning from NR-4 to NR-3 and 29 understands the economic conditions, but would personally rather see the amount of homes 30 decrease to 184 which is a straight NR-2. 31 32 Commissioner Smith made a secondary motion for an indefinite postponement. 33 34 Bissett stated the applicant is amicable to a postponement. 35 36 Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to postpone Public 37 Hearing item 3E indefinitely. Motion approved (6-0). Commissioner Larry Beck "aye", 38 Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", 39 Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 40 41 Chair Rozell called a recess at 9:18 p.m. 42 43 Chair Rozell reconvened the Regular Meeting at 9:29 p.m. 44 45 46 11 1 2 3 F.Hold a public hearing and consider making a recommendation to City Council regarding 4 an amendment to the Rayzor Ranch Overlay District to provide standards and criteria for 5 the residential development within the Rayzor Ranch South Campus - South Mixed Use 6 District. The Rayzor Ranch South Campus includes approximately 257 acres generally 7 located on the south side of West University Drive/US 380 and west of Bonnie Brae Street 8 in the City of Denton, Denton County, Texas. (Z18-0026, Rayzor Ranch South, Hayley 9 Zagurski). 10 11 Chair Rozell opened the Public Hearing. 12 13 Hayley Zagurski, Senior Planner, presented Public Hearing item 3F. Zagurski stated the request is 14 to make an amendment to the Rayzor Ranch Overlay District to provide standards and criteria for 15 residential development within the Rayzor Ranch South Campus - South Mixed Use District. 16 Zagurski stated staff recommends approval of the request with the following condition: 1.Section 17 35.7.15.10.A \[RROD Parking\] be updated to include the following language: “3. Subsection 18 35.14.7.C Mixed Uses \[DDC Parking\] shall not apply to residential uses with a base zoning of 19 NRMU District and located in the South Mixed-Use District east of Heritage Trail insofar as a 20 parking reduction beyond the minimum required amount shall not be granted for any residential 21 uses.” 22 The following individuals spoke during the public hearing: 23 Gerald Luecke, 13642 Omega Road, Dallas, Texas 75244. Supports the request. 24 Aimee Bissett, 212 S Elm Street, Denton, Texas 76201. Supports the request. 25 26 Gerald Luecke, the applicant, spoke regarding the amendments to the Rayzor Ranch Overlay 27 District. 28 29 Commissioner Smith questioned if the applicant would be agreeable to adding the same guideline 30 that all buildings abutting an existing single-family use outside of Rayzor Ranch Overlay District 31 shall comply with the Residential Proximity Slope. No part of any building may extend beyond 32 the Residential Proximity Slope, to single family residents abutting multifamily inside the Rayzor 33 Ranch District. Luecke stated in the original master plan of Rayzor Ranch this area was set up 34 based on the densities and layouts without the residential proximity slope. Luecke continued to 35 state this part of Rayzor Ranch it is set up to be more urban. 36 37 Bissett stated she represents the buyer for the cottage portion of the development and provided 38 some of the expectations for the development. 39 40 Chair Rozell closed the Public Hearing. 41 42 Commissioner Mat Pruneda motioned, Commissioner Larry Beck seconded to approve Public 43 Hearing item 3F. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason 44 Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie 45 Ellis "aye", and Commissioner Tim Smith "aye". 12 1 2 3 4 5 4.PLANNING & ZONING COMMISSION PROJECT MATRIX 6 A.Planning and Zoning Commission project matrix. 7 8 Richard Cannone, Deputy Director of Development Services, provided an update to the matrix. 9 Cannone stated the discussion regarding rural area small area plans will be put on the June 19, 10 2019 Planning and Zoning Commission agenda. Cannone stated staff will provide an update 11 regarding the bills going through the Senate. Cannone stated Gary Packan, Director or Parks & 12 Recreation, will present the Urban Forester Master Plan and Tree Fund to the Planning and Zoning 13 Commission within the next month. 14 15 Chair Rozell closed the Regular Meeting at 9:50 p.m. 16 13 S:\\Legal\\Our Documents\\Ordinances\\19\\DCA19-0004.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 5, 8, 14, AND 23 OF THE DENTON DEVELOPMENT CODE BY ADDING DEFINITIONS, DEVELOPMENT STANDARDS, AND MINIMUM PARKING STANDARDS FOR SUPPORTIVE RESIDENTIAL AND TREATMENT FACILITY USES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (DCA19-0004) WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, WHEREAS, the City desires to amend the DDC in order to facilitate the operation of Treatment Facilityuses in certain zoning districts by adopting definitions, specifying development standards, and establishing minimum parking standards for the same; and WHEREAS, on May 15, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication, held due hearings and recommended approval \[6-0\] of the amendments to the Denton Development Code; and WHEREAS, on June 4, 2019, the City Council held a public hearing in accordance with local and state law; and WHEREAS, the City Council hereby finds that the subject amendments to Subchapter 5, Zoning Districts and Limitations, Subchapter 8, Group Homes, Subchapter 14, Parking Standards, and Subchapter 23, Definitions, of the DDC are consistent with the C, and federal, state, and local law are in best interests of the citizens of the City of Denton; 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. Section 35.5.1.2 of the DDC is amended to show that the following newly defined land uses are allowed in the listed Rural Districts, subject to the limitations and prohibitions noted: Residential Land Use Categories RD-5 RC Supportive Residential L(6) L(6) Institutional Land Use Categories amended to add the following: Institutional Land Use Categories RD-5 RC Treatment Facility N N SECTION 3. Section 35.5.2.2 of the DDC is amended to add the following newly defined land uses in the Neighborhood/Residential Districts, subject to the limitations and prohibitions noted: Residential NR-1 NR-2 NR-3 NR-4 NR-6 NRMU-NRMU Land Uses 12 Categories Supportive L(6) L(6) L(6) L(6) L(6) L(34) L(34) Residential Institutional NR-1 NR-2 NR-3 NR-4 NR-6 NRMU-NRMU Land Use 12 Categories Treatment N N N N N N N Facility SECTION 4. Section 35.5.3.2 of the DDC is amended to add the following newly defined land uses in the Downtown University Core District, subject to the limitations and prohibitions noted: Residential Land DR-1 DR-2 DC-N DC-G Uses Categories Supportive L(6) L(6) L(6) L(6) Residential Institutional DR-1 DR-2 DC-N DC-G Land Use Categories Treatment N SUP(L39) SUP(L39) SUP(L39) Facility SECTION 5. Section 35.5.4.2 of the DDC is amended to add the following newly defined land uses in the Community Mixed Use Centers district, subject to the limitations noted: Residential Land Use CM-G CM-E Categories Supportive Residential L(34) L(34) Institutional Land Use CM-G CM-E Categories Treatment Facility SUP(L39) SUP(L39) SECTION 6. Section 35.5.5.2 of the DDC is amended to add the following newly defined land uses in the Regional Mixed Use Centers district, subject to the limitations and prohibitions noted: Residential Land RCR-1 RCR-2 RCC-N RCC-D Uses Categories Supportive L(34) L(34) L(34) L(34) Residential Institutional RCR-1 RCR-2 RCC-N RCC-D Land Use Categories Treatment N N SUP(L39) SUP(L39) Facility SECTION 7. Section 35.5.6.2 of the DDC is amended to add the following newly defined land uses in the Employment Centers district, subject to the limitations and prohibitions noted: Residential Land Use Categories amended to add the following: Residential Land Use EC-C EC-1 Categories Supportive Residential N N Institutional Land Use EC-C EC-1 Categories Treatment Facility SUP(L39) SUP(L39) SECTION 8. Section 35.5.7.2 of the DDC is amended to add the following newly defined land uses in the Industrial Centers district, subject to the limitations and prohibitions noted: Residential Land Use IC-E IC-G Categories Supportive Residential N N Institutional Land Use Categories amended to add the following: Institutional Land Use IC-E IC-G Categories Treatment Facility N N SECTION 9. Section 35.5.8 of the DDC is amended to add restrictions specific to newly defined Supportive Residential and Treatment Facility land uses, when the zoning matrix identifies a use as permitted but limited: L(6) = Users are limited to fewer than six (6) unrelated individuals per dwelling unit and may not be located within a 600-foot radius or on the same block as another Supportive Residential, Treatment Facility, Group use unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 600 feet in accordance with the standards and procedures established in the Code of Ordinances. L(34) = Uses designed to accommodate fewer than six (6) unrelated individuals per lot are permitted. Uses designed to accommodate 6 or more unrelated individuals per lot require approval of an SUP. Use may not be located within a 600-foot radius or on the same block as another Supportive Residential, Treatment Facility, or Group Home use unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 600 feet in accordance with the standards and procedures established in the Code of Ordinances. L(39) = Use may not be located within a 1200-foot radius of another Supportive Residential, Treatment Facility, or Group Home unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 1200 feet in accordance with the standards and procedures established in the Code of Ordinances. SECTION 10. Section 35.8.4. in Subchapter 8, Group Homes, of the DDC is hereby amended to read as follows: Section 35.8.4. Specific Use Permits. A. Permit Required. It shall be unlawful for any person to occupy, construct, alter, extend or expand any Assisted Living Facility, Group Home for Handicapped Persons or Institution within the limits of the City without a valid Permit issued by the City Council in the name of such person for the specific occupation, construction, alteration or extension of the assisted living facility, group home or institution proposed. The Permit shall be specific to the person named in the application for the Permit and shall not be transferred without the prior written consent of the City through the issuance of a new Permit. If the proposed occupation, construction, alteration or extension is not commenced within one (1) calendar year from the date the Permit for such occupation, construction, alteration or expansion was issued, said Permit shall automatically expire, unless the City Council approves an extension of time or issues a new Permit. B. Application and Fee Requirements. All applications and required fees for assisted living facilities, group home or institution permits shall be made in accordance with the Application Criteria Manual and shall contain the following: 1. Name and address of the applicant. 2. Location and legal description of the property where the Assisted Living Facility or Group Home will be located. 3. Documentation that the Assisted Living Facility, Group Home for Handicapped Persons or Institution has met federal and state licensing requirements. C. Site Plan Requirements. Any structure, which is proposed to be utilized for shared group housing for the handicapped, shall provide as a minimum, the following square footage in each bedroom: 1. To house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. 2. To house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. 3. Any structure, which is proposed to be utilized for an assisted living facility, group housing for handicapped persons or institution shall provide for a separate bedroom for the care provider or providers. D. Issuance of Permit. In considering the application, the City Council may take into account the proposed location of the Assisted Living Facility, Group Home for Handicapped Persons or Institution in relation to the present and anticipated land use and development. After review of the application and, upon determining that the application and the proposed, Assisted Living Facility, Group Home for Handicapped Persons or Institution complies with this Subchapter and other applicable laws, codes and regulations, the Permit shall be issued. E. Denial of Permit/Hearing. Any person whose application for a Permit under this Subchapter has been denied, may, within ten (10) days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. A denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No new application for a Permit shall be accepted within one (1) year of the denial, unless the denial upon rehearing, or the denial for rehearing, is without prejudice to the refilling of same. F. Inapplicability of Section. The Permit requirement is for the use and occupancy of Assisted Living Facilities, Group Homes or Institutions and does not include Community Homes for the Disabled. SECTION 11. Section 35.8.5. of Subchapter 8, Group Homes, of the DDC is amended to read as follows: Section 35.8.2. Licenses. A. License Required. It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained, upon any property owned or controlled by such person any Assisted Living Facility, Group Home For Handicapped Persons or Institution within the limits of the City unless such person holds a valid license issued annually by the City Council. All applications for licenses shall be made in writing to the City Council, which shall issue a license upon compliance by the applicant with provisions of this Subchapter. The City Council shall not issue a license unless the applicant is the holder of a valid Certificate of Occupancy, which shall be issued by the Building Official upon compliance with applicable federal, state, and local law. At any time a Certificate of Occupancy is revoked, the license shall be canceled automatically, at the same time, without action by the City Council. Once a license is canceled, the applicant must follow original licensing procedures rather than license renewal procedures. Licenses issued shall expire on December 31 of each year. B. Application for Original License. Application for original license shall be in writing, signed by the applicant, accompanied by the affidavit of the applicant as to the truth of the application, the deposit of the required license fee and shall comply with the Application Criteria Manual, and provide the following: 1. The name and address of the applicant; 2. A copy of a valid Certificate of Occupancy; 3. The location and legal description of property where the Assisted Living Facility, Group Home or Institution will be located; and 4. A site plan. C. Hearing Granted Applicants. Any person whose application for a license under this Subchapter has been denied may request, in writing, and within ten (10) days of the date the application has been denied, a rehearing, which hearing shall be granted by the City Council. A denial upon rehearing shall be final and binding. No new application for a license shall be accepted within one (1) year of the denial, unless the denial upon rehearing is without prejudice to the refilling of same. D. Application for License Renewal and Fee. Application for renewal of a license along with the required fee shall be made in writing by the Licensee on forms furnished by the City Secretary on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by information required by the Application Criteria Manual. E. License Fee. All original license applications or renewals hereof shall be accompanied by a fee periodically established by the City Council. All renewal fees shall be due on the issuance of the renewed license. F. Transfer of License and Fee. Every person holding a license shall give notice and pay the required fee within fifteen (15) days after having sold, transferred, given away or otherwise disposed of any interest in or control of any Assisted Living Facility, Group Home or Institution as required by the Application Criteria Manual. Application for transfer of license shall be made not later than fifteen (15) days after the date of the sale, transfer, or gift, or other disposition of the interest in or control of the Assisted Living Facility, Group Home, or Institution. The City Council will consider the transfer application not later than the second regularly scheduled City Council meeting occurring after the date a properly completed transfer application is submitted. G. Violations; Notice Suspension/Revocation of License. Whenever the Building Official finds that conditions or practices exist which are in violation of any provisions of this Subchapter he shall give notice in writing to the Permittee or Licensee, or the Permittee's or Licensee's agent, that, unless conditions or practices in violation of this Subchapter are corrected within a reasonable period of time of not less than thirty (30) days nor more than one (1) year, as specified in such notice, the license or Permit shall be suspended or revoked. At the end of the period of time granted for correction, should the conditions or practices not be corrected, the City Council may suspend or revoke the Permit or license and give notice in writing of the suspension or revocation to the Permittee or Licensee, or the Permittee or Licensee's agent, at the address provided in the application. Upon receipt of notice of suspension or revocation, the Permittee or Licensee shall cease operation of the Assisted Living Facility, Group Home, or Institution within ten (10) days after the notice is issued. The notice shall also specify vacation by the residents for the period of suspension or as ordered by the City Council upon revocation. The City Council may order immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety and welfare of the citizens of the City. SECTION 12. Section 35.8.6 of Subchapter 8, Group Homes, of the DDC is hereby amended to read as follows: 35.8.6. - Location of Assisted Living Facility, Group Homes for Handicapped Persons or Institution. An Assisted Living Facility, Group Homes for Handicapped Persons or Institution may be located in any district which allows multi-family developments as provided in this Chapter. No other Assisted Living Facility, Group Home for Handicapped Persons or Institution shall be located within a radius of six hundred (600) feet of the facility, home or institution. SECTION 13. Section 35.8.7 of Subchapter 8, Group Homes, of the DDC is hereby amended to read as follows: 35.8.7. - Inspections. A. Compliance Inspection. Any duly authorized inspector of the City, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor- Collector shall be permitted to make reasonable inspections of any Assisted Living Facility, Group Home, or Institution to determine compliance with applicable Chapters. B. Right of Entry. Any duly authorized inspector of the City, as set forth in subsection (A) shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Subchapter. The inspector should seek the permission of a lawful adult occupant prior to entry. Upon refusal of entry, the City shall have all available remedies at law to gain entry, including but not limited to a court order showing probable violation of state or local law. SECTION 14. Section 35.14.4.A in Subchapter 14, Parking Standards, of the DDC is amended to add the following parking requirement for Supportive Residential under Residential Uses: A. Residential Uses. 8. Supportive Residential. One (1) space is required for each bedroom, with a minimum of four (4) spaces. SECTION 15. Section 35.14.4.B in Subchapter 14, Parking Standards, of the DDC is amended to add the following parking requirement for Treatment Facility, under Commercial Uses: B. Commercial Uses. 10. Treatment Facility. One (1) space per two-hundred (200) square feet of gross floor area. SECTION 16. Section 35.23.2 in Subchapter 23, Definitions, of the DDC is amended to add and remove the following definitions: Disability. amended. Disabled Persons. As defined by Chapter 123 of the Texas Human Resources Code for the purpose of establishing a Community Home for Disabled Persons, persons whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has: A. Orthopedic, visual, speech, or hearing impairments; H. Cancer; B. Alzheimer's disease; I. Heart disease; C. Pre-senile dementia; J. Diabetes; D. Cerebral palsy; K. Intellectual disability; E. Epilepsy; L. Autism; or F. Muscular dystrophy; M. Mental illness G. Multiple sclerosis; N. Handicap. A physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current, illegal use of or addition to a controlled substance as defined by Chapter 481 of the Texas Health & Safety Code. Supportive Residential. A residential living arrangement for unrelated individuals with disabilities living as a single functional family in a single dwelling unit who are in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative family to normalize its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter in a familylike environment; treatment is incidental as in any home. Supportive inter-relationships between residents are an essential component. A community residence shall be considered a residential use of property for purposes of all zoning, building, and property maintenance codes. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor residential facilities for prison preparolees or sex offenders. Treatment Facility. A facility with planned, structured, and organized programs solely designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs and licensed in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency, as amended. Supportive Residential uses may be a component of a Treatment Facility. SECTION 17. 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 18. 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 19. 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 20. 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: ______ ______ ______ ______ Jesse Davis, 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. Planning Report DCA19-0004/Treatment Centers City Council June 4, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapters 5, 8, 14, and 23 of the Denton Development Code by adding definitions, development standards, and minimum parking standards for supportive residential and treatment facility uses; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommended approval (6-0). (DCA19-0004e, Treatment Centers, Julie Wyatt) BACKGROUND: Survey of Drug Use and Health, in 2013, 22.7 million Americans needed treatment for an alcohol or drug problem, but only 2.5 million received treatment, resulting in a treatment gap of 20.2 million people. This need has been further brought to light with the opioid crisis, lic health crisis. Solutions of North Texas (SONTX) is a Denton-based organization that provides treatment for adults and families impacted by drug and alcohol dependency. Their primary facility, located on North Ruddell Street, houses the administrative functions of the organization and offers residential treatment for adult males in two duplexes (32 total occupants) plus outpatient treatment, case management, and education. Another facility offers a duplex for two single mothers who have completed a minimum 90-day treatment program, are nearing graduation from Denton Count Family Drug Court, and are awaiting reunification with their children. This facility provides a stable residence for these mothers as they complete Child Protective Services (CPS) requirements to obtain permanent custody of their children. Recently, SONTX approached the City about expanding their facility on Ruddell Street to provide additional treatment programs for the residents in the City of Denton. The proposal includes adding the following facilities and services: Four additional duplexes (total of 64 occupants) to accommodate a total of 98 men and women Ambulatory Detox Program for six adults with daily monitoring by professional medical staff Treatment for substance abuse is an important societal need but also a complex land use issue that can affect the safety and character of a community. Accordingly, the Department of Housing and Urban Development (HUD) and the Department of Justice (DOJ) issued a Joint Statement in 2016 (see Exhibit 9) to provide cities with the legal clarity they need to maintain the safety and character of their communities while protecting the rights and needs of people with disabilities, including those recovering from drug addiction. This joint statement was the result of issues associated with the proliferation of sober homes in Delray Beach, Florida, a city of approximately 60,000 which had a concentration of approximately 183 sober homes. The Joint Statement makes three key points: 1. A city can deny an accommodation request for a group home if granting it would impose an undue zoning scheme. Factors include the nature and extent of the burden, proximity of group homes to one and other, the cost of the requested accommodation, the financial resources of the local government, and the benefits of the accommodation to the disabled individual. 2. Licensing and other requirements for group homes for health and safety purposes may be permitted if they are not based on stereotypes, equally apply to all homes with a minimum number of unrelated residents, and do not target homes based on the presence of individuals with a disability. 3. The Fair Housing Act does not prevent state or local government from taking action in response to criminal activity, insurance fraud, Medicaid Fraud, neglect or abuse of residents, or other illegal conduct occurring at group homes. Current zoning regulations do not permit the types of uses that could facilitate the development of substance abuse treatment facilities like SONTX. The use tables in Subchapter 5 of the Denton Development Code (DDC) are inadequate to fully address the different activities and potential impacts related to uses which provide treatment for substance abuse. As with any zoning regulation, land use decisions, including compatibility, are predicated on the establishment well-defined uses and their associated activities. This is the basis by which the menu of permitted uses within a given zoning district is createdcompatible uses are permitted, incompatible uses are excluded, and potential incompatibilities are limited or require additional approvals. Under current DDC regulations, uses such as Community Homes for the Disabled, Group Homes, and Hospital Services contain isolated elements that relate to organizations like SONTX; however, none of these uses fully capture the intent and activities of supportive residential uses or treatment facilities. Furthermore, due to the specialized nature of these types of developments sufficient guidelines to ensure compatibility with the surrounding community. In order to provide for these types of supportive and treatment facilities, staff proposes the following amendments to Subchapters 5, 8, 14, and 23 in the Denton Development Code: Subchapter 5: Zoning Districts and Limitations (Exhibit 3). The proposed modification includes two new uses with associated limitations in Subchapter 5. Supportive Residential o Added to the Residential Land Use Category o Permitted in residential districts with Limitation 6: Uses are limited to fewer than six (6) unrelated individuals per dwelling unit and may not be located within a 600-foot radius or on the same block as another Supportive Residential, Treatment Facility, or Group Home use unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 600 feet in accordance with the standards and procedures established in the Code of Ordinances. o Permitted in districts where multi-family is permitted or permitted with approval of a Specific Use Permit (SUP) with Limitation 34: Uses designed to accommodate fewer than six (6) unrelated individuals per lot are permitted. Uses designed to accommodate 6 or more unrelated individuals per lot require approval of an SUP. Use may not be located within a 600-foot radius or on the same block as another Supportive Residential, Treatment Facility, or Group Home use unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 600 feet in accordance with the standards and procedures established in the Code of Ordinances. Treatment Facility o Added to the Institutional Land Use Category o Permitted in some Downtown University Core Districts, Community Mixed Use Centers, some Regional Mixed Use Centers, and Employment Centers with an SUP and Limitation 39: Use may not be located within a 1200-foot radius of a another Supportive Residential, Treatment Facility, or Group Home unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 1200 feet in accordance with the standards and procedures established in the Code of Ordinances. Subchapter 8, Group Homes (Exhibit 4). The proposed amendment to Subchapter 8 is intended to provide clarity related to the existing uses of Community Homes for the Disabled and Group Homes. The changes include the removal of these uses are not included in the permitted use tables, and their inclusion in Subchapter 8 creates unnecessary confusion. Removing these unnecessary references will allow DDC users to make clear connections among the use tables in Subchapter 5, the use-specific standards for Group Homes and Community Homes for the Disabled in Subchapter 8, and the definitions in Subchapter 23. As part of the update to the development regulations, this subchapter will be eliminated and any use-specific standards will be relocated to other parts of the code. Subchapter 14, Parking Standards (Exhibit 5). The proposed amendment to Subchapter 14 is intended to ensure adequate parking is provided. Supportive Residential. One (1) space is required for each bedroom, with a minimum of four (4) spaces. Treatment Facility. One space per two-hundred (200) square feet of gross floor area. Subchapter 23: Definitions (Exhibit 6). The following new or revised definitions will further outline the permitted and prohibited activities associated with each proposed new use. New definition: Supportive Residential. A residential living arrangement for unrelated individuals with disabilities living as a single functional family in a single dwelling unit who are in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative e seeks to emulate a biological family to normalize its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter in a familylike environment; treatment is incidental as in any home. Supportive inter-relationships between residents are an essential component. A community residence shall be considered a residential use of property for purposes of all zoning, building, and property maintenance codes. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor residential facilities for prison preparolees or sex offenders. New definition: Treatment Facility. A facility with planned, structured, and organized programs solely designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs and licensed in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency, as amended. (Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency is attached in Exhibit 7.) New Definition: Disability. Act of 1990, as amended. Revised definition (underlined terms have been added to provide clarity as to when this definition should be applied): Disabled Persons. As defined by Chapter 123 of the Texas Human Resources Code for the purpose of establishing a Community Home for Disabled Persons, persons whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has orthopedic, visual, speech, or hearing impairments, Alzheimer's disease, pre-senile Dementia, Cerebral Palsy, epilepsy, Muscular Dystrophy, Multiple Sclerosis, cancer, heart disease, Diabetes, mental retardation, Autism, or emotional illness. Revised definition: Handicap. Staff proposes to remove this definition, as it is redundant and may create confusion. CONSIDERATIONS: 1. Current zoning regulations do not permit the types of uses that could facilitate the development of substance abuse treatment facilities like Solutions of North Texas. In order to responsibly serve a segment of the Denton community, staff recommends a proposed modification to the DDC to provide for two new uses: Supportive Residential and Treatment Facility. In addition to the use table amendments in Subchapter 5, revisions to Subchapters 8, 14, and 23 are also proposed to ensure necessary clarity and development standards. 2. While it is important ensure that zoning regulations allow for needed community services, it is also vital to ensure that those uses are located in appropriate places and are subject to appropriate approved processes. As such, staff recommends the following guardrails to reduce conflicts and aid in compatibility: a. Supportive Residential uses are intended to integrate residents into the surrounding community, and, therefore, are generally appropriate for neighborhood settings. However, limitations on the use are necessary to preserve neighborhood character and reduce the potential for creating de facto social service districts where these types of uses cluster in a specific area. i. Limitation 6 for Supportive Residential uses in residential districts. Limitation 6 restricts the use to fewer than six (6) unrelated individuals per dwelling unit and prevents the use from being located within a 600-foot radius of another Supportive Residential use. These limitations reduce the intensity of each individual instance of the use and stop the uses from clustering in one area. ii. Limitation 34 for Supportive Residential uses in districts where multi-family is permitted or permitted with approval of a Specific Use Permit (SUP). Like Limitation 6, Limitation 34 restricts the use to fewer than six (6) unrelated individuals, but since multiple dwelling units could be located on a lot, the limitation is applied on a per lot basis. Uses designed to accommodate 6 or more unrelated individuals per lot require approval of an SUP, which would require additional scrutiny in each instance to ensure compatibility with the surrounding existing and future built environment. Additionally, the use may not be located within a 600-foot radius of another Supportive Residential use to reduce clustering of the use. iii. Both Limitation 6 and Limitation 34 permit an owner or operator to seek and obtain approval of a reasonable accommodation to locate closer than 600 feet in accordance with the standards and procedures established in the Code of Ordinances. iv. Parking spaces for Supportive Residential uses should be provided at a rate of one per bedroom to reduce parking impacts to surrounding neighborhoods. b. Treatment Facilities are intended to accommodate for more intense treatment services, which, per Texas Health and Safety Code Chapter 464, could include the following: a public or private hospital, a detoxification facility, a primary care facility, a long-term care facility, an intensive care facility, an outpatient care facility, a community mental health center, a health maintenance center, a health maintenance organization, or a recovery center. Due to the potential impacts associated with these types of uses, staff recommends permitting this use only with approval of an SUP and with Limitation 39 in commercial, and employment zoning districts. The requirement for an SUP in every instance of the use will allow staff, the Planning and Zoning Commission, and City Council to analyze the proposal and ensure that the use is compatible with the surrounding environment. Conditions such as increased screening, a reduced building size, points of access, and duration of use may be placed on the use to further increase compatibility. Additionally, surrounding property owners will receive notice of any proposals, allowing public input and transparency in the potential development of a Treatment Facility. 3. The proposed Supportive Residential use requires that those living in the facility have a disability to limit the application of the use to those who are in need of an accommodating, watchful environment. As such, staff recommends adding a definition for Disability consistent with the Americans with Disabilities Act of 1990 to DDC Subchapter 23 to provide a clear directive to staff regarding the application of the use. The Disability definition is distinct from the definition for Disabled Persons, which refers to Chapter 123 of the Texas Health and Safety Code for Community Homes for the Disabled. 4. Development regulations for residential and institutional uses will ensure any structures associated with the proposed uses will be compatible with the surrounding built environment in scale, architectural design, and building materials. Additionally, landscaping, buffers, and parking re-use districts. STAFF RECOMMENDATION: Staff recommends approval of the proposed text amendments Denton Development Code Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, Subchapter 14, Parking Standards, and Subchapter 23, Definitions. Transition to new DDC regulations adopted April 23, 2019: In order to consolidate the proposed text amendment with the new DDC regulations, if approved, staff will bring forward a follow-up amendment in the coming weeks to merge the old and new regulations. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, a notice was published in the Denton Record Chronicle. Subchapter 5 - Zoning Districts and Limitations 35.5.1. - Rural Districts. 35.5.1.1. Purpose. The purpose of a Rural District is to maintain an area of rural use within the City of Denton. Application of this district will ensure that the farming, forest, environmental and scenic values of these areas are protected from incompatible development that may result in a degradation of their values. Land Use categories within a Rural District include: RD-5 Rural Residential RC Rural Commercial 35.5.1.2. Permitted Uses. The following uses and their accessory uses are permitted as contained in the use table below: Residential Land Use Categories RD-5 RC Accessory Dwelling Units P P Agriculture P P Attached Single-family Dwellings N N Community Homes For the Disabled P P Dormitory N N Duplexes N N Dwellings Above Businesses N P Fraternity or Sorority House N N Group Homes SUP SUP Livestock L(7) L(7) Live/Work Units P P Manufactured Housing Developments P P Multi-Family Dwellings N SUP Residential Land Use Categories RD-5 RC Single-family Dwellings P P Supportive Residential L(6) L(6) P = Permitted, N = Not permitted, SUP = Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 Commercial Land Use Categories RD-5 RC Administrative or Research Facilities SUP L(15) Auto and RV Sales N N Bar N L(11) Bed and Breakfast L(10) P Broadcasting of Production Studio SUP P Commercial Land Use Categories RD-5 RC Commercial Parking Lots N N Drive-through Facility N N Equestrian Facilities P P Hospital Services N N Kindergarten, Elementary School P P Medical Clinic N N Middle School N N Mortuaries N N Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges N P Treatment Facility N N WECS (Building-mounted) L(42) L(42) WECS (Free-standing Monopole Support Structure) L(41) L(41) P = Permitted, N = Not permitted, SUP=Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 35.5.1.3. General Regulations. General regulations within the Rural District are as follows: Subdivision of less than ten (10) acres, and all lots that are adjacent to the perimeter of a subdivision: General Regulations RD-5 RC Minimum lot area 5 acres 2 acres Minimum lot width 200 feet 100 feet Minimum lot depth 250 feet 200 feet 35.5.2. - Neighborhood/Residential. 35.5.2.1. Purpose. The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and to ensure that any new development is compatible with existing land uses, patterns, and design standards. Land Use categories within the Neighborhood Residential areas include: NR-1 Neighborhood Residential 1 NR-2 Neighborhood Residential 2 NR-3 Neighborhood Residential 3 NR-4 Neighborhood Residential 4 NR-6 Neighborhood Residential 6 NRMU-12 Neighborhood Residential Mixed Use 12 NRMU Neighborhood Residential Mixed Use 35.5.2.2. Permitted Uses. The following uses and their accessory uses are permitted within the Neighborhood Residential districts: Residential Land Use NR-1 NR-2 NR-3 NR-4 NR-6 NRMU-12 NRMU Categories SUP SUP SUP SUP SUP Accessory Dwelling Units L(1) N L(1) L(1) L(1) L(1) L(1) Agriculture P P P P P P P Attached Single-family Dwellings N N SUP SUP P P L(40) Community Homes For the Disabled P P P P P P P Dormitory N N N N N SUP SUP Duplexes N N N L(3) P P N Dwellings Above Businesses N N N N N P P Fraternity or Sorority House N N N N N SUP SUP Group Homes N N N N N SUP SUP Livestock L(7) L(7) L(7) L(7) L(7) L(7) L(7) Live/Work Units N N N N L(16) P P Manufactured Housing Developments N SUP N N SUP N N Multi-Family Dwellings N N N N N L(4) SUP L(4) Single-family Dwellings P P P P P P N Supportive Residential L(6) L(6) L(6) L(6) L(6) L(34) L(34) P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 Commercial Land Use Categories NR-1 NR-2 NR-3 NR-4 NR-6 NRMU-12 NRMU Administrative or Research Facilities N N N N N N L(14) Auto and RV Sales N N N N N N N Bar N N N N N N L(11) Bed and Breakfast N N N N N L(10) P Broadcasting of Production Studio N N N N N N L(14) High School N N N N N N SUP Hospital Services N N N N N N N Kindergarten, Elementary School SUP SUP SUP SUP SUP P P Medical Clinic N N N N N N SUP Middle School N N N N N P P Mortuaries N N N N N N N Parks and Open Space P P P P P P P Semi-public, Halls, Clubs, and Lodges SUP SUP SUP SUP SUP L(15) P Treatment Facility N N N N N N N WECS (Building-mounted) L(42) SUP SUP SUP SUP SUP SUP WECS (Free-standing Monopole Support Structure) L(41) SUP SUP SUP SUP SUP SUP P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 35.5.2.3. General Regulations. General regulations of the Residential Neighborhood land use zone are contained in the table below: The following limits apply to subdivision of two (2) acres or less: General Regulations NR-1 NR-2 NR-3 NR-4 NR-6 NRMU-12 NRMU Minimum lot area (square feet) 32,000 16,000 10,000 7,000 6,000 3,500 2,500 Minimum lot width 80 feet 80 feet 60 feet 50 feet 50 feet 30 feet 20 feet Minimum lot depth 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 50 feet 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet 20 feet plus 1 foot plus 1 foot plus 1 foot plus 1 foot plus 1 foot plus 1 foot plus 1 foot Minimum for each for each for each for each for each for each for each yard when foot of foot of foot of foot of foot of foot of foot of abutting a building building building building building building building single-family height height height height height height height use or district above 20 above 20 above 20 above 20 above 20 above 20 above 20 feet feet feet feet feet feet feet 35.5.2.4. Mixed Use Residential Protection Overlay. Where necessary to address the concerns of owners of existing adjacent residential uses that a proposed non-residential or multi-family mixed use allowed by this Subchapter is incompatible, the applicant may consent to the imposition of increased setback, landscaping, screening or buffer requirements along the borders of such existing residential uses, or to the imposition of additional use or performance-based restrictions upon the proposed use. Such additional modifications or restrictions shall, upon approval, amend the underlying zoning classification and use designation to add these supplemental requirements. The Mixed Use Residential Protection Overlay may be established through the Zoning Amendment Procedure, either as a separate zoning case, or in conjunction with an amendment of the underlying mixed use zoning classification. 35.5.3. - Downtown University Core. 35.5.3.1. Purpose. The purpose of the Downtown University Core District is to encourage mixed use developments within specified commercial areas of the district. This district is a pedestrian friendly district. Land Use categories within this district include: DR-1 Downtown Residential 1 DR-2 Downtown Residential 2 DC-N Downtown Commercial Neighborhood DC-G Downtown Commercial General 35.5.3.2. Permitted Uses. The following uses are permitted within the Downtown University Core District: Residential Land Use Categories DR-1 DR-2 DC-N DC-G Accessory Dwelling Units P P N N Agriculture P P P P Attached Single-family Dwellings N P P P Community Homes For the Disabled P P P P Dormitory SUP P P P Duplexes P P P N Dwellings Above Businesses N P P P Fraternity or Sorority House SUP P P P Group Homes N N N SUP Livestock L(7) L(7) L(7) L(7) Live/Work Units P P P P Manufactured Housing Developments N N N N Multi-Family Dwellings N L(5) L(5) L(5) Single-family Dwellings P P N N Supportive Residential L(6) L(34) L(34) L(34) P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 Commercial Land Use Categories DR-1 DR-2 DC-N DC-G Churches P P P P Colleges N N SUP P Community Service N N P P Conference/Convention Centers N N SUP P Elderly Housing N N L(13) P Electric Substations and Switch Stations L(43) L(43) L(43) L(43) High School N N N N Hospital Services N N P P Kindergarten, Elementary School P P P N Medical Clinic N N P P Middle School N P P N Mortuaries N N P P Parks and Open Space P P P P Semi-public, Halls, Clubs, and Lodges P P P P Treatment Facility N SUP (L39) SUP (L39) SUP (L39) WECS (Building-mounted) SUP SUP SUP SUP WECS (Free-standing Monopole Support Structure) SUP SUP SUP SUP P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 35.5.3.3. General Regulations. Maximum building 100 feet/ 100 feet/ 40 feet 45 feet height L(33) L(33) Maximum WECS 110 feet/ 55 feet 55 feet 110 feet/L(33) height L(33) 35.5.4. - Community Mixed Use Centers. 35.5.4.1. Purpose. The purpose of the Community Mixed Use Centers is to provide the necessary shopping, services, recreation, employment and institutional facilities that are required and supported by the surrounding community. Land Use categories within the Community Mixed Use Centers include: CM-G Community Mixed Use General CM-E Community Mixed Use Employment 35.5.4.2. Permitted Uses. The following uses are permitted within Community Mixed Use Centers: Residential Land Use Categories CM-G CM-E Accessory Dwelling Units N N Agriculture P P Attached Single-family Dwellings N N Community Homes For the Disabled P P Dormitory N N Duplexes N N Dwellings Above Businesses P N Fraternity or Sorority House N N Group Homes N N Livestock L(7) L(7) Live/Work Units P N Manufactured Housing Developments N N Multi-Family Dwellings L(4) L(4) Single-family Dwellings N N Supportive Residential L(34) L(34) P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 Commercial Land Use Categories CM-G CM-E Administrative or Research Facilities P P Auto and RV Sales P P Bar P L(14) Bed and Breakfast P N Broadcasting of Production Studio P P Commercial Parking Lots P P Drive-through Facility P P Equestrian Facilities N N Middle School P P Mortuaries P P Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges P P Treatment Facility SUP (L39) SUP (L39) WECS (Building-mounted) SUP SUP WECS (Free-standing Monopole Support Structure) SUP SUP P = Permitted, N = not permitted, SUP = Specific Use Permit Required, L(X) = Limited as defined in Section 35.5.8 35.5.4.3. General Regulations. General regulations of the Community Mixed Use Centers are in the table below: General Regulations CM-G CM-E Minimum lot area (square feet) 2,500 2,500 50 Minimum lot width 50 feet feet 50 Minimum lot depth 50 feet feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to a street None 10 feet Minimum yard abutting a residential use 20 20 feet, plus 1 foot for each foot of building height or district feet above 30 feet Maximum FAR 1.5 0.75 Minimum residential unit size 500 SF None Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% 65 Maximum building height 65 feet feet 75 Maximum WECS height 75 feet feet 35.5.5. - Regional Mixed Use Centers. 35.5.5.1. Purpose. The purpose of Regional Mixed Use Centers is to create centers of activity including shopping, services, recreation, employment and institutional facilities supported by and serving an entire region. Land Use categories within Regional Mixed Use Centers include: RCR-1 Regional Center Residential 1 RCR-2 Regional Center Residential 2 RCC-N Regional Center Commercial Neighborhood RCC-D Regional Center Commercial Downtown 35.5.5.2. Permitted Uses. The following uses are permitted within Regional Mixed Use Centers: Residential Land Use Categories RCR-1 RCR-2 RCC-N RCC-D Accessory Dwelling Units N N N N Agriculture P P P P Attached Single-family Dwellings P P P P Community Homes For the Disabled P P P P Dormitory N N N N Duplexes N N N N Dwellings Above Businesses P P P P Fraternity or Sorority House N N N N Group Homes SUP SUP SUP SUP Livestock L(7) L(7) L(7) L(7) Live/Work Units P P P P Manufactured Housing Developments N N N N Multi-Family Dwellings L(4) L(4) L(4) L(4) Single-family Dwellings N N N N Supportive Residential L(34) L(34) L(34) L(34) P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 Commercial Land Use Categories RCR-1 RCR-2 RCC-N RCC-D Administrative or Research Facilities SUP SUP L(14) P Community Service P P P P Conference/Convention Centers N N P P Elderly Housing P P P P Electric Substations and Switch Stations L(43) L(43) L(43) L(43) High School SUP SUP P P Hospital Services N N P P Kindergarten, Elementary School P P P N Medical Clinic SUP SUP P P Middle School P P P P Mortuaries N N P P Parks and Open Space P P P P Semi-public, Halls, Clubs, and Lodges P P P P Treatment Centers N N SUP (L39) SUP (L39) WECS (Building-mounted) SUP SUP SUP SUP WECS (Free-standing Monopole Support Structure) SUP SUP SUP SUP P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 35.5.5.3. General Regulations. General regulations of the Regional Mixed Use Centers are contained in the table below: General Regulations RCR-1 RCR-2 RCC-N RCC-D Maximum building 40 feet 50 feet 65 feet 100 feet height Maximum WECS 55 feet 60 feet 75 feet 110 feet height 35.5.6. - Employment Centers. 35.5.6.1. Purpose. The purpose of the Employment Centers is to provide locations for a variety of workplaces and complimentary uses. Land Use categories within Employment Centers include: EC-C Employment Center Commercial EC-I Employment Center Industrial 35.5.6.2. Permitted Uses. The following uses and their accessory uses are permitted within the Employment Centers: Residential Land Use Categories EC-C EC-I Accessory Dwelling Units N N Agriculture P P Attached Single-family Dwellings N N Community Homes For the Disabled N N Dormitory N N Duplexes N N Dwellings Above Businesses N N Fraternity or Sorority House N N Group Homes N N Livestock L(7) L(7) Live/Work Units N N Manufactured Housing Developments N N Multi-Family Dwellings N N Single-family Dwellings N N Supportive Residential N N P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 Commercial Land Use Categories EC-C EC-I Administrative or Research Facilities P P Auto and RV Sales P P Bar P P Bed and Breakfast N N Broadcasting of Production Studio P P Commercial Parking Lots P P Drive-through Facility P P Equestrian Facilities N N Middle School N N Mortuaries P P Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges P P Treatment Facility SUP (L39) SUP (L39) WECS (Building-mounted) SUP SUP WECS (Free-standing Monopole Support Structure) SUP SUP P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 35.5.6.3. General Regulations. General regulations of the Employment Center are as follows: General Regulations EC-C EC-I Minimum lot area (square feet) 2,900 2,500 Minimum lot width 20 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback None 10 feet Minimum side yard None None Minimum side yard adjacent to None 10 feet a street Minimum yard abutting a 30 feet, plus 1 foot for each foot of 30 feet, plus 1 foot for each foot of single-family use or district building height above 30 feet building height above 30 feet Maximum FAR 1.50 0.75 Maximum lot coverage 80% 85% Minimum landscaped area 20% 15% Maximum building height 100 feet 65 feet Maximum WECS height 110 feet 75 feet 35.5.7. - Industrial Centers. 35.5.7.1. Purpose. The purpose of Industrial Centers is to provide locations for a variety of work processes and employment such as manufacturing, warehousing and distributing, indoor and outdoor storage, and a wide range of commercial and industrial operations. Land Use categories within Industrial Centers include: IC-E Industrial Center Employment IC-G Industrial Center General 35.5.7.2. Permitted Uses. The following uses are permitted within Industrial Centers: Residential Land Use Categories IC-E IC-G Accessory Dwelling Units N N Agriculture P P Attached Single-family Dwellings N N Community Homes For the Disabled N N Dormitory N N Duplexes N N Dwellings Above Businesses N N Fraternity or Sorority House N N Group Homes N N Livestock L(7) L(7) Live/Work Units N N Manufactured Housing Developments N N Multi-Family Dwellings N N Single-family Dwellings N N Supportive Residential N N P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 Commercial Land Use Categories IC-E IC-G Administrative or Research Facilities P P Auto and RV Sales P P Bar L(14) L(22) Bed and Breakfast N N Broadcasting of Production Studio P P Commercial Parking Lots P P Hospital Services N N Kindergarten, Elementary School N N Medical Clinic P N Middle School N N Mortuaries P N Parks and Open Space P P Semi-public, Halls, Clubs, and Lodges P P Treatment Facility N N WECS (Building-mounted) SUP SUP WECS (Free-standing Monopole Support Structure) SUP SUP P=Permitted, N=Not permitted, SUP=Specific Use Permit Required, L(X)=Limited as defined in Section 35.5.8 35.5.7.3. General Regulations. General regulations of the Industrial Centers are contained in the table below: General Regulations IC-E IC-G Minimum lot area (square feet) 2,500 5,000 Minimum lot width 50 feet 50 feet Minimum lot depth 50 feet 50 feet Minimum front yard setback 10 feet 10 feet Minimum side yard 6 feet 6 feet 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) = Uses are limited to fewer than six (6) unrelated individuals per dwelling unit and may not be located within a 600-foot radius or on the same block as another Supportive Residential, Treatment Facility, or Group Home use unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 600 feet in accordance with the standards and procedures established in the Code of Ordinances. L(7) = Limited to two (2) animals on parcels one (1) to three (3) acres in size. Additional animals may be added at a rate of one (1) per each acre over three (3). L(8) = Travelers' accommodations, are permitted, provided that: 1. The business-owner or manager shall be required to reside on the property occupied by the accommodation, or adjacent property. 2. That each accommodation unit shall have one (1) off-street parking space, and the owners shall have two (2) parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Chapter. 3. That only one (1) ground or wall sign, constructed of a non-plastic material, non-interior illuminated of four (4) sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation. 4. That the number of accommodation units allowed shall be proportional to the permitted density of the zone. Each traveler's accommodation unit shall be counted as 0.6 units for the purpose of calculating the permitted number of traveler's accommodations. 5. All traveler's accommodations shall be within two hundred (200) feet of a collector or arterial. Street designations shall be as determined by the City Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least four hundred (400) sq. ft. of gross interior floor space remaining per unit. 7. Traveler's accommodations are limited to no more than eight (8) guest units. L(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. 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 space of 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 open space. 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) = Uses designed to accommodate fewer than six (6) unrelated individuals per lot are permitted. Uses designed to accommodate 6 or more unrelated individuals per lot require approval of an SUP. Use may not be located within a 600-foot radius or on the same block as another Supportive Residential, Treatment Facility, or Group Home use unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 600 feet in accordance with the standards and procedures established in the Code of Ordinances. 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 one hundred (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 seventy (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) kennels per 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) = Use may not be located within a 1200-foot radius of another Supportive Residential, Treatment Facility, or Group Home unless the owner or operator has sought and obtained approval of a reasonable accommodation to locate closer than 1200 feet in accordance with the standards and procedures established in the Code of Ordinances. 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. 35.5.9. - Additional Mixed Use Restrictions. A. All multi-family proposed as part of a Mixed Use Development in the NRMU-12, NRMU, CM-G, CM-E, RCR-1, RCR-2, RCC-N and RCC-D zoning districts shall: 1. Be subject to a development agreement (the "Development Agreement") between the property owner and the City which shall be entered into prior to Final Plat approval for any portion of the development. The Development Agreement shall contain Assurances, other covenants, and a Phasing Plan stipulating that non-residential development will be constructed first and multi-family residential constructed last or only after fifty (50) percent or more of the non-residential component has been developed. The Development Agreement shall be in recordable form and be recorded in the Real Property Records of Denton County, Texas and shall constitute covenants running with the land and will be binding on all owners and future owners of the property. Phasing Plan is defined as a graphic and narrative document that indicates the sequence and/or timing of construction and shall provide a description of the phasing order (1, 2, 3,) or by time period (2005, 2006, 2007,) and includes infrastructure requirements for each phase. 2. If a phased project proposes all or a majority of the common amenities for future phases, (including, but not limited to, open space, landscaping and/or recreational facilities) then "Assurances" are required. The Assurances will address amenities not constructed in the Subchapter 8 - Group Homes 35.8.1. - Purpose. The City supports the rights of handicapped persons to live in stable, affordable housing in settings that maximize community integration and opportunities for acceptance. The City desires to make reasonable accommodations in rules, policies and practices to afford handicapped persons equal opportunity to use and enjoy a dwelling. The City supports decentralization as a method of assuring that handicapped persons are allowed to reside in a neighborhood, which retains its residential character. Unregulated and unlicensed homes for handicapped persons may not necessarily provide adequately for the health and safety of the residents. The City desires to protect the health and safety of its handicapped citizens and to provide a regulatory scheme for group homes for the handicapped. 35.8.2. - Use and Operation. The use and operation of a Community Home for Disabled Persons that meets the qualifications of this Subchapter is a use by right and is authorized in any residential zoning district as long as there is no more than six (6) residents and two (2) supervisors regardless of the legal relationship of those persons to one another and the community home is not within one-half (½) mile of an existing community home. The residents of the community home may not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the numbers of bedrooms in the home. 35.8.3. - Qualification. To qualify as a Community Home for Disabled Persons the entity must comply with Chapter 123 of the Texas Human Resources Code and the following regulations: A.Operation. A community based residential home may be operated by: 1. The Texas Department of Mental Health and Mental Retardation; 2. A community center organized under Chapter A, Subchapter 534 of the Texas Health & Safety Code; 3. An entity subject to the Texas Non-Profit Corporation Act, Tex.Rev.Civ.Stat.Ann art. 1396- 1.01, et seq. (Vernon 1997), as amended; 4. An entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or 5. An assisted living facility licensed under Chapter 247 of the Texas Health & Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. B.Licensing. The community home must meet all applicable licensing requirements. C.Site Plan Required. The community home must provide a site plan that clearly shows compliance with the following criteria: 1. Any single-family dwelling unit which is proposed to be utilized for shared group housing for the handicapped shall provide as a minimum, the following square footage in each bedroom: b. To house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. c. To house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. 2. Any single-family dwelling unit, which is proposed to be utilized for, shared group housing for handicapped persons shall provide for a separate bedroom for the care provider or providers. 35.8.4. - Specific Use Permits. A.Permit Required. It shall be unlawful for any person to occupy, construct, alter, extend or expand any Assisted Living Facility, Group Home for Handicapped Persons or Institution within the limits of the City without a valid Permit issued by the City Council in the name of such person for the specific occupation, construction, alteration or extension of the assisted living facility, group home or institution proposed. The Permit shall be specific to the person named in the application for the Permit and shall not be transferred without the prior written consent of the City through the issuance of a new Permit. If the proposed occupation, construction, alteration or extension is not commenced within one (1) calendar year from the date the Permit for such occupation, construction, alteration or expansion was issued, said Permit shall automatically expire, unless the City Council approves an extension of time or issues a new Permit. B.Application and Fee Requirements. All applications and required fees for assisted living facilities, group home or institution permits shall be made in accordance with the Application Criteria Manual and shall contain the following: 1. Name and address of the applicant. 2. Location and legal description of the property where the Assisted Living Facility or Group Home will be located. 3. Documentation that the Assisted Living Facility, Group Home for Handicapped Persons or Institution has met federal and state licensing requirements. C.Site Plan Requirements. Any structure, which is proposed to be utilized for shared group housing for the handicapped, shall provide as a minimum, the following square footage in each bedroom: 1. To house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. 2. To house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. 3. Any structure, which is proposed to be utilized for an assisted living facility, group housing for handicapped persons or institution shall provide for a separate bedroom for the care provider or providers. D.Issuance of Permit. In considering the application, the City Council may take into account the proposed location of the Assisted Living Facility, Group Home for Handicapped Persons or Institution in relation to the present and anticipated land use and development. After review of the application and, upon determining that the application and the proposed, Assisted Living Facility, Group Home for Handicapped Persons or Institution complies with this Subchapter and other applicable laws, codes and regulations, the Permit shall be issued. E.Denial of Permit/Hearing. Any person whose application for a Permit under this Subchapter has been denied, may, within ten (10) days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. A denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No new application for a Permit shall be accepted within one (1) year of the denial, unless the denial upon rehearing, or the denial for rehearing, is without prejudice to the refilling of same. F.Inapplicability of Section. The Permit requirement is for the use and occupancy of Assisted Living Facilities, Group Homes or Institutions and does not include Community Homes for the Disabled. 35.8.5. - Licenses. A.License Required. It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained, upon any property owned or controlled by such person any Assisted Living Facility, Group Home For Handicapped Persons or Institution within the limits of the City unless such person holds a valid license issued annually by the City Council. All applications for licenses shall be made in writing to the City Council, which shall issue a license upon compliance by the applicant with provisions of this Subchapter. The City Council shall not issue a license unless the applicant is the holder of a valid Certificate of Occupancy, which shall be issued by the Building Official upon compliance with applicable federal, state, and local law. At any time a Certificate of Occupancy is revoked, the license shall be canceled automatically, at the same time, without action by the City Council. Once a license is canceled, the applicant must follow original licensing procedures rather than license renewal procedures. Licenses issued shall expire on December 31 of each year. B.Application for Original License. Application for original license shall be in writing, signed by the applicant, accompanied by the affidavit of the applicant as to the truth of the application, the deposit of the required license fee and shall comply with the Application Criteria Manual, and provide the following: 1. The name and address of the applicant; 2. A copy of a valid Certificate of Occupancy; 3. The location and legal description of property where the Assisted Living Facility, Group Home or Institution will be located; and 4. A site plan. C.Hearing Granted Applicants. Any person whose application for a license under this Subchapter has been denied may request, in writing, and within ten (10) days of the date the application has been denied, a rehearing, which hearing shall be granted by the City Council. A denial upon rehearing shall be final and binding. No new application for a license shall be accepted within one (1) year of the denial, unless the denial upon rehearing is without prejudice to the refilling of same. D.Application for License Renewal and Fee. Application for renewal of a license along with the required fee shall be made in writing by the Licensee on forms furnished by the City Secretary on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by information required by the Application Criteria Manual. E.License Fee. All original license applications or renewals hereof shall be accompanied by a fee periodically established by the City Council. All renewal fees shall be due on the issuance of the renewed license. F.Transfer of License and Fee. Every person holding a license shall give notice and pay the required fee within fifteen (15) days after having sold, transferred, given away or otherwise disposed of any interest in or control of any Assisted Living Facility, Group Home or Institution as required by the Application Criteria Manual. Application for transfer of license shall be made not later than fifteen (15) days after the date of the sale, transfer, or gift, or other disposition of the interest in or control of the Assisted Living Facility, Group Home, or Institution. The City Council will consider the transfer application not later than the second regularly scheduled City Council meeting occurring after the date a properly completed transfer application is submitted. G. Violations; Notice Suspension/Revocation of License. Whenever the Building Official finds that conditions or practices exist which are in violation of any provisions of this Subchapter he shall give notice in writing to the Permittee or Licensee, or the Permittee's or Licensee's agent, that, unless conditions or practices in violation of this Subchapter are corrected within a reasonable period of time of not less than thirty (30) days nor more than one (1) year, as specified in such notice, the license or Permit shall be suspended or revoked. At the end of the period of time granted for correction, should the conditions or practices not be corrected, the City Council may suspend or revoke the Permit or license and give notice in writing of the suspension or revocation to the Permittee or Licensee, or the Permittee or Licensee's agent, at the address provided in the application. Upon receipt of notice of suspension or revocation, the Permittee or Licensee shall cease operation of the Assisted Living Facility, Group Home, or Institution within ten (10) days after the notice is issued. The notice shall also specify vacation by the residents for the period of suspension or as ordered by the City Council upon revocation. The City Council may order immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety and welfare of the citizens of the City. 35.8.6. - Location of Assisted Living Facility, Group Homes for Handicapped Persons or Institution. An Assisted Living Facility, Group Homes for Handicapped Persons or Institution may be located in any district which allows multi-family developments as provided in this Chapter. No other Assisted Living Facility, Group Home for Handicapped Persons or Institution shall be located within a radius of six hundred (600) feet of the facility, home or institution. 35.8.7. - Inspections. A.Compliance Inspection. Any duly authorized inspector of the City, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor-Collector shall be permitted to make reasonable inspections of any Assisted Living Facility, Group Home, or Institution to determine compliance with applicable Chapters. B.Right of Entry. Any duly authorized inspector of the City, as set forth in subsection (A) shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Subchapter. The inspector should seek the permission of a lawful adult occupant prior to entry. Upon refusal of entry, the City shall Subchapter 14 - Parking Standards 35.14.1. - Purpose. In all zoning districts, except those specifically exempted, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in this Subchapter. The requirements of this Subchapter are adopted for the purpose of ensuring that all developments provide adequate and reasonable parking which is reasonably necessary and adequate to serve the development or use. 35.14.2. - Generally. In all zoning districts, except those specifically exempted, whenever any building is erected, enlarged, or the use is changed, off-street parking shall be provided as set forth in this Subchapter. These standards and requirements shall be liberally interpreted and applied so as to achieve the purpose and intent of the standard or requirement. Where literal application of a requirement in a particular case would clearly not achieve the purpose and intent of the requirement, the applicant may seek a variance from the Board of Adjustment using the Board of Adjustment Procedure. 35.14.3. - Application. A. No person shall construct, reconstruct, replace, relocate, alter, enlarge, improve, or perform any work on or make use of any parking lot or driveway on any property within the City for which a permit is required under this section, except in accordance with the requirements of this Subchapter and the Expansion Applicability Table found in Subchapter 13. B. Development or redevelopment of property within the Central Business District is exempt from the requirement to provide any additional parking spaces, for all land use classifications other than those listed within the Residential Land Use Categories of Subchapter 5, if permitted within the zoning district approved for that location. Residential development or redevelopment within the Central Business District is also exempted if ten (10) or fewer dwelling units are proposed. C. The expansion of an existing parking lot is subject to the provisions of this Subchapter based on the Expansion Applicability Table. D. All parking and vehicle storage areas, shall meet the applicable buffering and screening requirements of this Chapter. 35.14.4. - Spaces Required. The number of parking spaces required shall be based on the following table: A.Residential Uses. 1. Single-family, duplex, and townhome dwellings. Four (4) spaces per dwelling unit. Tandem parking in garages may not be counted as satisfying this requirement. 2. Multifamily dwellings or manufactured housing. One (1) bedroom and efficiency units: 1.25 spaces per unit plus guest parking as required below. Two (2) or more bedroom units: One (1) space for each bedroom plus guest parking as required below. For developments with more than ten (10) units, guest parking shall be ten (10) percent of the required number of parking spaces. 3.Retirement or senior living facilities: One (1) space per dwelling unit. 4. Fraternity or sorority houses, boarding houses, and dormitories. One (1) space for each bedroom. 5. Hotels and motels. One (1) space for each guest room, plus one (1) space for the owner or manager. Any convention facilities, restaurants, and other facilities shall be computed for their individual parking demand, subject to the reduction for mixed uses contained in this Chapter. 6. Manufactured housing developments. Additional parking requirements are as established in Chapter 35.9. 7.Residential Subdivisions. Parking requirements are as established in Subchapter 13. 8. {ǒƦƦƚƩƷźǝĻ wĻƭźķĻƓƷźğƌ. One (1) space is required for each bedroom, with a minimum of four (4) spaces. B.Commercial Uses. 1. Auto, boat or trailer sales, retail nurseries and other open-space uses. One (1) space per one thousand (1,000) square feet of the first ten thousand (10,000) square feet of gross land area; plus one (1) space per five thousand (5,000) square feet for the excess over ten thousand (10,000) square feet of gross land area; and one (1) per two (2) employees. 2. Bowling Alleys. Three (3) spaces per alley, plus additional spaces for auxiliary activities set forth in this section. 3. Business, general retail, person services. General - one (1) space for three hundred (300) square feet of gross floor area. Furniture and appliances - one (1) space per seven hundred fifty (750) square feet of gross floor area. 4.Chapels and mortuaries. One (1) space per four (4) fixed seats in the main chapel. 5. Offices. Medical and dental - one (1) space per two hundred (200) square feet of gross floor area. General - one (1) space per four hundred fifty (450) square feet of gross floor area. 6. Restaurants, bars, ice cream parlors and similar uses. One (1) space per four (4) seats or one (1) space per one hundred (100) square feet of gross leasable floor area, whichever is less. A minimum of three (3) spaces is required. 7. Skating rinks. One (1) space per three hundred fifty (350) square feet of gross building area. 8. Theaters, auditoriums, stadiums, gymnasiums and similar uses. One (1) space per four (4) seats. C.Industrial Uses. 1. Industrial uses, except Distribution Centers/Warehouse. One (1) space per seven hundred (700) square feet of gross floor area or for each two (2) employees on the largest shift, whichever is less. 2. Distribution Centers/Warehouse. One (1) space per one thousand (1,000) square feet of gross floor area or for each two (2) employees, whichever is less. 3. Public utilities (gas, water, telephone, etc.), not including business offices. One (1) space per two (2) employees on the largest shift; a minimum of two (2) spaces is required. D.Institutional and Public Uses. 1. Day care facilities having thirteen (13) or more children/adults. One (1) space per two (2) employees; a minimum of two (2) spaces is required. 2.Churches. One (1) space per four (4) seats. 3. Golf courses, except miniature. Eight (8) spaces per hole, plus additional spaces for auxiliary uses set forth in this section. Miniature golf courses - four (4) spaces per hole. 4.Hospitals. Two (2) spaces per patient bed. 5.Nursing and convalescent homes. One (1) space per three (3) patient beds. 6. Rest homes, homes for the aged, or assisted living. One (1) space per two (2) patient beds or one (1) space per apartment unit. 7. Schools, elementary and junior high. One and one-half (1½) spaces per classroom, or the requirements for public assembly areas as set forth herein, whichever is greater. 8. High schools. One and one-half (1½) spaces per classroom, plus one (1) space per ten (10) students the school is designed to accommodate, or the requirements for public assembly as set forth herein, whichever is greater. 9. Colleges, universities and trade schools. One and one-half (1½) spaces per classroom, plus one (1) space per five (5) students the school is designed to accommodate, plus requirements for on-campus student housing. 10. ƩĻğƷƒĻƓƷ CğĭźƌźƷǤ. One (1) space per two-hundred (200) square feet of gross floor area. E.Unspecified Uses. Where parking requirements for any use are not specifically defined in this section, such requirements shall be determined by the Director of Planning and Development based upon the most comparable use specified herein, and other available data. F.Maximum Allowable Number of Spaces. The number of spaces provided by any particular use in ground surface lots shall not exceed the required number of spaces provided by this Subchapter unless approved by the Director of Planning and Development. Any spaces over the required number of spaces shall be constructed with pervious surfaces. Pervious surfaces provided for spaces above the maximum number shall not count towards required landscape area. Spaces provided on-street, or within the building footprint of structures, such as in rooftop parking, or under-structure parking, or in multi-level parking above or below surface lots, shall not apply towards the maximum number of allowable spaces. G. Administrative Relief. 1. Eligibility. a. Properties located within the boundary of the Infill Special Purpose District as described in Section 35.7.14 may qualify for administrative relief as described below. 2. Maximum Relief. a. Single-family and duplex infill lots. Required parking for properties within the Infill Special Purpose District may be reduced to two (2) spaces if that is consistent with the character of the existing area. b. Multi-family and non-residential development. For projects within the Infill Special Purpose District, the Director may approve a reduction of up to ten (10) percent of the required number of parking spaces provided the criteria in Section 35.14.4.G.3 are met. 3. Criteria: a. Granting the reduction will not cause excessive congestion, endanger public safety, substantially reduce parking availability for other uses or otherwise adversely impact the neighborhood, or that such lesser amount of parking will provide positive environmental or other benefits to the users of the lot and the neighborhood, including specifically, among other benefits, assisting in the provision of affordable housing units; Subchapter 23 - Definitions 35.23.1. - General. For the purpose of this Chapter, certain words and terms shall be defined and interpreted as follows. Interpretations of meaning shall be made by the Director of Planning and Development based on the provisions of Section 35.1.4. Appeals of staff interpretations of this Chapter shall be heard as a Board of Adjustment Procedure. 35.23.2. - Definitions and Terms. Acceleration/Deceleration Lane. One or more paved traffic lanes traversing the frontage of a property for the purpose of allowing traffic to accelerate or decelerate outside of higher speed traffic lanes. Accepted for Filing. The status of an application following submission and acceptance as complete by the Director of all application materials, documents, and fees, and required signatures required by this Chapter. Access Ramp. A route to provide entry for vehicles and machinery into a drainage system. Access Road. A route parallel to and at the top of the bank or channel to allow maintenance access of channels from the top. Accessory Building or Structure. A structure on the same lot with, and of a size and nature customarily incidental and subordinate to, the principal structure . Examples of accessory structures include, but are not limited to, the following: detached garages and/or carports; storage structures and/or barns; freestanding greenhouses; swimming pools and pool houses; tennis courts; satellite dish antennas; freestanding workshops; gazebos; radio and/or TV antenna structures not attached to the principal structure; paved areas other than driveways and walkways; and perimeter fencing and/or walls. Accessory Use. A use incidental or secondary to the principal use of a lot, building or structure and located on the same lot as the principal use. Acreage, Net. The gross acreage of a parcel excluding any floodway. Acreage, Gross. The acreage included within the boundary line of a particular property, including all property legally held by the owner, unless said property has dedicated right-of-way previous to development to the City, county, state or federal entity. Addition. Lots, tracts or parcels of land lying within the corporate boundaries of the City which is intended for the purpose of development. Administrative or Research Facilities. A facility used for the management of an enterprise or research and development activities such as improving technologies, developing products and scientific research. Adult Arcade. Any place to which the public is permitted or invited wherein coin-operated or slug- operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Bookstore/Adult Video Store. A. A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following: Development Plat. A Plat reflecting new construction or the enlargement of any exterior dimension of any building, structure, or improvement on property previously Final Platted or not required to be platted. Diameter Breast Height (DBH). The outside diameter of the trunk of a tree, measured four and one-half (4½) feet above ground level. If a tree splits into multiple trunks below the four and one-half (4½) feet level, DBH will be defined as the sum of each individual trunk measured at four and one-half (4½) feet above ground level, or the single trunk at its most narrow dimension, whichever is greater. Directional Antenna. Any antenna which incorporates a reflective surface that is designed to transmit or receive microwave signals from terrestrial or orbitally bases uses. Director of Planning and Development/Director. The person designed to receive and process plats, site plans, amendments to this Chapter, the zoning map, or the Comprehensive Plan. Disability.Refer to “Disability,” as defined by the Americans with Disabilities Act of 1990, as amended. Disabled Persons. As defined by Chapter 123 of the Texas Human Resources Code for the purpose of establishing a Community Home for Disabled Persons, persons whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak or breathe is substantially limited because the person has: A. Orthopedic, visual, speech, or hearing impairments; H. Cancer; B. Alzheimer's disease; I. Heart disease; C. Pre-senile dementia; J. Diabetes; D. Cerebral palsy; K. Intellectual disability; E. Epilepsy; L. Autism; or F. Muscular dystrophy; M. Mental illness G. Multiple sclerosis; N. Disc Antenna. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is the shape of a shallow dish, cone, horn, or cornucopia. Such devices may be used to transmit or receive radio or electromagnetic waves between terrestrially or orbitally based uses. This definition includes, but is not limited to, satellite earth stations and microwave antennas. Distribution Center/Warehouse, General. A facility where goods or products that are manufactured or assembled off-site are received and stored in bulk, and are then distributed to customers. District. An area, region, or section with a distinguishing character, or the regulations governing the height, area, use and design of the land and buildings. Disturbed Area. An area of land subjected to erosion due to the removal of vegetative cover and/or earthmoving activities, including but not limited to filling. Door. A hinged, sliding or folding barrier for providing access to a building, structure or room. D.Congregate. Sixteen (16) or more clients, plus manager. Grubbing. The mechanical or physical act of removing stumps, underbrush, and rocks, prior to clearing and grading. Grubbing does not allow for any grade changes, only vegetation removal down to bare soil. A Tree Removal Permit is required for all trees with a three (3)-inch or greater diameter, measured at four and a half (4.5) feet above natural grade. Guest Quarters. An attached or detached building that provides living quarters for guests, servants, or a related family member, which is considered an accessory use, and which is clearly subordinate and incidental to the principal residence on the same lot; and is not rented or leased. Habitat. The physical location or type of environment in which an organism or biological population lives or occurs. Handicap. A physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment, but such term does not include current, illegal use of or addition to a controlled substance as defined by Chapter 481 of the Texas Health & Safety Code. Hazardous Materials or Waste. A substance classified as a hazardous material under state or federal law or a chemical, petroleum product, gas, or other substance that if discharged or released, is likely to create an imminent danger to individuals, property or the environment. A hazardous material includes, but is not limited to any one of the following, as defined by 40 C.F.R 173, or, with respect to hazardous waste, listed as a substance subject to 40 C.F.R. 262: Radioactive material; Explosives, Class A; Explosives, Class B; Poison A; Poison B; Flammable gas; Nonflammable gas; Flammable liquid; Oxidizer; Flammable solid; Corrosive material; Combustible liquid; Etiologic agent; other regulated material (ORM); or, Hazardous waste. Heavy Manufacturing. Industrial operations for the production of a good using raw materials and mechanical power and machinery. Height. The vertical distance to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than ten (10) feet from the front property line or from the grade in all other cases. Except as otherwise specified, the height of a structure other than a building is the vertical distance from the average grade at the base of the structure to the highest point of the structure. Hertz. Unit of frequency equal to one (1) cycle per second. 1 \[\] High School. A public, private or charter school established for grades 9—12 or 10—12. Home Occupation. An occupation commonly carried on within a dwelling by members of the family occupying the dwelling. The use of the home as an occupation shall be incidental and subordinate to the use of the home as a dwelling. Homeowners Association. A homeowners association is an organization formed for the maintenance and operation of the common areas of the development. The membership in the association must be automatic with the purchase of a dwelling unit or other property in the planned development. The association's principal source of funds shall be an assessment levied against each dwelling unit or other property, which assessment shall be enforceable as a lien against the property. Horticulture. The cultivation of row crops, a garden, or an orchard for noncommercial purposes. Hospice. One (1) main building, or portion, one (1) zoning lot in which terminally ill persons live in order to receive appropriate Medicare-certified hospice services. provided, that a room, suite, or story with more than one-half (½) of its height below grade shall not be considered a story for the purposes of height regulations. Streams. Linear geographic features that convey flowing waters. Headwater streams are the uppermost, low-order streams of a watershed and comprise the majority of streams in the United States, both in terms of number and length. Streams can be perennial, intermittent or ephemeral. Street. A public right-of-way for roadway, sidewalk, and utility installation including the terms "road," "highway," "land," "place," "avenue," "alley," or other similar designations. The entire width between the right-of-way lines of every way which provides for public use for the purpose of vehicular and pedestrian traffic. Street Crown. The highest point of a street cross section, normally located at the centerline of the street. Stream Channelization. Manipulation of a stream channel to increase the rate of water flow through the stream channel. Manipulation may include deepening, widening, straightening, armoring, or other activities that change the stream cross-section, or other aspects of stream channel geometry, to increase the rate of water flow through the stream channel. A channelized stream remains a "waters of the U.S.," despite the modifications to increase the rate of water flow. Street, Cul-de-sac. A short dead-end street terminated by a vehicle turnaround. Street, Half. A portion of the width of a street, usually along the edge of a subdivision, where the remaining portion of the street is provided in another subdivision. Street, Marginal Access. A minor street parallel and adjacent to a major arterial street providing access to abutting properties but protected from through traffic. Structure. An edifice of any kind or any piece of work artificially built up or composed of parts joined together which requires location on, in, or above the ground or which is attached to something having a location on, in or above the ground. Flatwork or in-ground swimming pools are excluded. Structure, Accessory. Any structure on the same lot with and that is incidental and subordinate to the principal structure. Flatwork, in-ground swimming pools and fences or walls used as fences are excluded. Structure, Height of. The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the gable(s) of a pitch or hip roof. Any height limitation of this Chapter shall not apply to church spires, belfries, cupolas and domes not intended for human habitation, monuments, water towers, silos, chimneys, flag poles, except as may be limited in the "A" Airport overlay zone. Structure Line. A line on a Plat indicating the limit beyond which structures or structures may not be erected. Similar to Building Envelope. Structure, Principle. The structure in which the primary permitted use of the lot on which the structure is located is conducted. Structural Alteration. A change to the supporting members of a structure including foundations, bearing walls or partitions, columns, beams or girders, or the roof. Studio Apartment: See Dwelling Unit, Efficiency. Subdivision. The division or redivision of land into two (2) or more lots, tracts, sites or parcels. Supportive Residential. A residential living arrangement for unrelated individuals with disabilities living as a single functional family in a single dwelling unit who are in need of the mutual support furnished by other residents of the community residence as well as the support services, if any, provided by the staff of the community residence. Residents may be self-governing or supervised by a sponsoring entity or its staff, which provides habilitative or rehabilitative services, related to the residents’ disabilities. A community residence seeks to emulate a biological family to normalize its residents and integrate them into the surrounding community. Its primary purpose is to provide shelter in a family–like environment; treatment is incidental as in any home. Supportive inter-relationships between residents are an essential component. A community residence shall be considered a residential use of property for purposes of all zoning, building, and property maintenance codes. The term does not include any other group living arrangement for unrelated individuals who are not disabled nor residential facilities for prison pre– parolees or sex offenders. Surface Water Body. Term to include streams, ponds, lakes, and freshwater wetlands. Tailwater. The water surface elevation directly downstream of a drainage facility. Temporary Storage Containers and Other Portable Storage Units. Temporary storage containers and other portable storage units used for the storage of items on a property (excluding use for storing equipment during multi-family dwelling and non-residential alterations and construction projects). Temporary Structure. A structure without any foundation or footings which is attached to the ground or other structure in some nonpermanent fashion. Temporary structures shall require a Permit from the Building Inspection Department and shall be removed from the site when the designated time period, activity, or use for which the temporary structure was established has ceased, but not exceeding six (6) months in duration unless an extension is obtained from the Building Inspection Department upon just cause. Temporary uses. Temporary uses are defined as those activities permitted and described in Section 35.12.9. Theaters. A structure or area for the presentation of plays, motion pictures, concerts, etc. Thoroughfare Plan. The thoroughfare component of the Mobility Plan, the official map depicting the City's existing and future street system and roadway network, together with explanatory text. Time of Concentration. The estimated time (in minutes) required for stormwater runoff to flow from the most hydraulically remote section of the drainage area to a specific design point. TNRCC. The Texas Natural Resources Conservation Commission. Topography. The physical land surface relief describing the terrain elevation, position of land features and slope. Topography includes land forms, water and other drainage features, and features such as gravel pits. A single feature such as a hillside or valley is called a topographic feature. Townhouse. See "Dwelling, Single-Family Attached." Toxic and Noxious Matter. Any solid, liquid or gaseous matter which is present in sufficient quantities to endanger health, safety and comfort of persons in the vicinity or which may cause injury or damage to property. Traffic Impact Analysis. A study performed by a registered traffic engineer analyzing the impacts of the expected traffic generated by a development on the existing an proposed road system including recommendations for mitigating such traffic. Trailer. A non-motorized vehicle, pulled by an automobile or truck designed or maintained for use as a temporary dwelling or sleeping place for travel or recreation purposes exclusively. Transfer Station. A temporary storage facility for the consolidation and eventual transfer of solid waste to a landfill. Trauma facility: See the Texas Administrative Code, Title 25, Part 1, Chapter 157, Subchapter A, Rule 157.2 Definitions, as amended. See also Hospital Services. Treatment Facility. A facility with planned, structured, and organized programs solely designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs and licensed in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency, as amended. Supportive Residential uses may be a component of a Treatment Facility. Tree, Healthy. A healthy tree is a tree that is vigorously growing and is free of structural problems such as hollows or voids, free of disease, or insect problems and has a root system that is large enough to support its above ground mass. Tree Protection, Permanent. Structural measures, such as retaining walls/wells or aeration devices, that are designed to protect the tree and its root systems throughout its lifetime. Tree Protection Sign. A sign furnished by the City upon approval of a tree survey or Tree Permit that describes prohibited conduct detrimental to trees. Tree Removal. An act that causes or may be reasonably expected to cause a tree to die including uprooting, severing the main trunk, damaging the root system and excessive pruning. Tree Protection, Temporary. Physical barriers installed prior to any clearing and grading activity and construction for the purpose of preventing damage to existing trees and understory vegetation and set outside of the root zone of such vegetation for the life of the developments construction. Tree Stand. Contiguous trees whose canopies are generally clustered together. Tree Topping. The severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree that removal of the top canopy disfigures and invites probable disease or death to the tree. Tree topping is prohibited. TSC. The Traffic Safety Commission. Ultimate Developed Condition. A fully developed area based on current approved Land Use Plans or "C" factor of six tenths (0.6) for remaining undeveloped land in a watershed. Unbuildable Area. All areas outside of building envelopes and within open space. Underbrush. Underbrush may include plant specie with stems of less than one (1) inch DBH that are noxious, non-native, or invasive weeds or specie that are categorized as perennials, vines, shrubs, or that bear thorns or are briars, or that are poisonous through contact with the skin, or any plant on the non- protected plant specie list. Understory. A grouping of native, noninvasive low-level woody, herbaceous, or ground covers species with stems less than one (1) inch dbh. Undeveloped Floodplains. Areas within the FEMA 1% Annual Chance Floodplain (a.k.a. 100-year floodplain), that are undeveloped and in their natural state. Upland Habitats. Contiguous areas ten (10) acres or larger of Cross Timbers habitat. U.S. Army Corps. United States Army Corps of Engineers. Use. The purpose or purposes for which land or a structure is designed, arranged, or intended, or to which such land or structure is occupied, maintained, or leased. Valley Storage. Water storage capacity of a stream and is a volume that is measured below the base flood elevation. HEALTHANDSAFETYCODE TITLE6.FOOD,DRUGS,ALCOHOL,ANDHAZARDOUSSUBSTANCES SUBTITLEB.ALCOHOLANDSUBSTANCEABUSEPROGRAMS CHAPTER464.FACILITIESTREATINGPERSONSWITHACHEMICALDEPENDENCY SUBCHAPTERA.REGULATIONOFCHEMICALDEPENDENCYTREATMENT FACILITIES Sec.A464.001.AADEFINITIONS.Inthissubchapter: (1)AA"Chemicaldependency"means: (A)AAabuseofalcoholoracontrolledsubstance; (B)AApsychologicalorphysicaldependenceon alcoholoracontrolledsubstance;or (C)AAaddictiontoalcoholoracontrolled substance. (2)AARepealedbyActs2015,84thLeg.,R.S.,Ch.1,Sec. 3.1639(90),eff.April2,2015. (3)AA"Controlledsubstance"hasthemeaningassignedby Chapter481(TexasControlledSubstancesAct). (3-a)AA"Department"meanstheDepartmentofState HealthServices. (3-b)AA"Executivecommissioner"meanstheexecutive commissioneroftheHealthandHumanServicesCommission. (4)AA"Treatment"meansaplanned,structured,and organizedprogramdesignedtoinitiateandpromoteapersons chemical-freestatusortomaintainthepersonfreeofillegal drugs. (5)AA"Treatmentfacility"means: (A)AAapublicorprivatehospital; (B)AAadetoxificationfacility; (C)AAaprimarycarefacility; (D)AAanintensivecarefacility; (E)AAalong-termcarefacility; (F)AAanoutpatientcarefacility; (G)AAacommunitymentalhealthcenter; (H)AAahealthmaintenanceorganization; (I)AAarecoverycenter; 1 (J)AAahalfwayhouse; (K)AAanambulatorycarefacility;or (L)AAanyotherfacilitythatoffersorpurportsto offertreatment. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.180,eff.Sept.1,1991. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1180, eff.April2,2015. Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec. 3.1639(90),eff.April2,2015. Sec.A464.002.AALICENSEREQUIRED.Apersonmaynotofferor purporttoofferchemicaldependencytreatmentwithoutalicense issuedunderthissubchapter,unlessthepersonisexemptedunder SubchapterCorisworkingfororprovidingcounselingwitha programexemptedunderSubchapterC. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.180,eff.Sept.1,1991;Acts 1997,75thLeg.,ch.663,Sec.3,eff.Sept.1,1997. Sec.464.003.AAEXEMPTIONS.AAThissubchapterdoesnotapply to: (1)AAafacilitymaintainedoroperatedbythefederal government; (2)AAafacilitydirectlyoperatedbythestate; (3)AAafacilitylicensedbythedepartmentunder Chapter241,243,248,466,or577; (4)AAaneducationalprogramforintoxicateddrivers; (5)AAtheindividualofficeofaprivate,licensed healthcarepractitionerwhopersonallyrendersprivateindividual orgroupserviceswithinthescopeofthepractitionerslicense andinthepractitionersoffice; (6)AAanindividualwhopersonallyprovidescounseling orsupportservicestoapersonwithachemicaldependencybutdoes notofferorpurporttoofferachemicaldependencytreatment program; 2 (7)AAa12-steporsimilarself-helpchemicaldependency recoveryprogram: (A)AAthatdoesnotofferorpurporttooffera chemicaldependencytreatmentprogram; (B)AAthatdoesnotchargeprogramparticipants; and (C)AAinwhichprogramparticipantsmaymaintain anonymity;or (8)AAajuvenilejusticefacilityorjuvenilejustice program,asdefinedbySection261.405,FamilyCode. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.180,eff.Sept.1,1991;Acts 1995,74thLeg.,ch.410,Sec.1,eff.Aug.28,1995;Acts1997, 75thLeg.,ch.577,Sec.8,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1181, eff.April2,2015. Acts2017,85thLeg.,R.S.,Ch.747(S.B.1314),Sec.1,eff. September1,2017. Sec.A464.004.AALICENSEAPPLICATIONANDISSUANCE.(a)AATo receivealicensetooperateatreatmentfacilitytotreatpersons withachemicaldependency,apersonmust: (1)AAfileawrittenapplicationonaformprescribedby thedepartment; (2)AAcooperatewiththereviewofthefacility;and (3)AAcomplywiththelicensingstandards. (b)AAThedepartmentshallissuealicensetoanapplicant: (1)AAwhoseapplicationmeetsthecontentrequirements prescribedbythedepartmentandbydepartmentrules; (2)AAwhoreceivesapprovalofthefacilityafterthe departmentsreview;and (3)AAwhotimelycomplieswiththelicensingstandards. (c)AAThelicenseisissuedonlyforthepersonnamedinthe licenseandnotthelegalsuccessorsofthatperson. (d)AAThelicenseexpirestwoyearsafterthedateonwhich thelicenseisissued. 3 (e)AAAlicensemaybeissuedwithoutpriornoticeandan opportunityforahearing.AAApersonotherthantheapplicantor thedepartmentmaynotcontesttheissuanceofalicense. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.181,eff.Sept.1,1991. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1182, eff.April2,2015. Sec.464.005.AALICENSERENEWAL.(a)AAThedepartmentshall providerenewalapplicationformsandinformationrelatingto renewalprocedurestoeachlicenseholder. (b)AAThedepartmentmayrequireaninspectionbefore renewingalicense,unlesstheapplicantsubmitsanaccreditation reviewfromtheCommissiononAccreditationofRehabilitation Facilities,TheJointCommission,oranothernational accreditationorganizationrecognizedbythedepartmentin accordancewithSection464.0055. (c)AATheexecutivecommissionermayestablishdeadlinesfor receivingandactingonrenewalapplications. (d)AAAlicensemayberenewedwithoutpriornoticeandan opportunityforahearing.AAApersonotherthantheapplicantor thedepartmentmaynotcontesttherenewalofalicense. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.181,eff.Sept.1,1991. Amendedby: Acts2011,82ndLeg.,R.S.,Ch.1096(S.B.1449),Sec.1,eff. September1,2011. Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1183, eff.April2,2015. Sec.464.0055.AAACCREDITATIONREVIEWTOSATISFYINSPECTION REQUIREMENTS. (a)AAInthissection,"accreditationcommission"meansthe CommissiononAccreditationofRehabilitationFacilities,The JointCommission,oranothernationalaccreditationorganization recognizedbythedepartment. 4 (b)AAThedepartmentshallacceptanaccreditationreview fromanaccreditationcommissionforatreatmentfacilityinstead ofaninspectionbythedepartmentforrenewalofalicenseunder Section464.005,butonlyif: (1)AAthetreatmentfacilityisaccreditedbythat accreditationcommission; (2)AAtheaccreditationcommissionmaintainsand updatesaninspectionorreviewprogramthat,foreachtreatment facility,meetsthedepartmentsapplicableminimumstandards; (3)AAtheaccreditationcommissionconductsaregular on-siteinspectionorreviewofthetreatmentfacilityaccordingto theaccreditationcommissionsguidelines;and (4)AAthetreatmentfacilitysubmitstothedepartmenta copyofitsmostrecentaccreditationreviewfromtheaccreditation commissioninadditiontotheapplication,fee,andanyreportor otherdocumentrequiredforrenewalofalicense. (c)AAThissectiondoesnotlimitthedepartmentinperforming anyduties,investigations,orinspectionsauthorizedbythis chapter,includingauthoritytotakeappropriateactionrelatingto atreatmentfacility,suchasclosingthetreatmentfacility. (d)AAThissectiondoesnotrequireatreatmentfacilityto obtainaccreditationfromanaccreditationcommission. AddedbyActs2011,82ndLeg.,R.S.,Ch.1096(S.B.1449),Sec.2, eff.September1,2011. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1184, eff.April2,2015. Sec.464.006.AAINSPECTIONS.AAThedepartmentorits representativemaywithoutnoticeenterthepremisesofatreatment facilityatreasonabletimes,includinganytimetreatmentservices areprovided,toconductaninspectionorinvestigationthe departmentconsidersnecessary. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.182,eff.Sept.1,1991. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1185, 5 eff.April2,2015. Sec.464.007.AAAPPLICATIONANDINSPECTIONFEES.(a)AAThe departmentshallcollectnonrefundableapplicationandreviewfees foralicenseorrenewallicense.AAThedepartmentmaycollectafee forapprovingafacilitytotreatcourtcommittedclients. (b)AAIftheGeneralAppropriationsActdoesnotspecifythe amountofthefee,theexecutivecommissionerbyruleshall establishreasonablefeestoadministerthissubchapterinamounts necessaryforthefeestocoveratleast50percentofthecostsof thelicensingprogram. (c)AAThedepartmentmaynotmaintainunnecessaryfund balancesunderthischapter. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.183,eff.Sept.1,1991. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1186, eff.April2,2015. Sec.464.008.AAAPPLICABILITYOFOTHERLAWTOAPPLICATIONAND INSPECTIONFEES.AAAllapplicationandinspectionfeescollectedby thedepartmentunderthissubchapteraresubjecttoSubchapterF, Chapter404,GovernmentCode. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1997,75thLeg.,ch.577,Sec.8,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1187, eff.April2,2015. Sec.464.009.AARULESANDSTANDARDS.(a)AAThedepartment shalllicensetreatmentfacilitiesinamannerconsistentwith stateandfederallawandrules,includingdepartmentlicensing standards. (b)AATheexecutivecommissionershalladoptrulesfor: (1)AAatreatmentfacilitysorganizationandstructure, policiesandprocedures,andminimumstaffingrequirements; (2)AAtheservicestobeprovidedbyafacility, 6 including: (A)AAthecategoriesofservicesthefacilitymay provide; (B)AAtheclientlivingenvironmentthefacility requires;and (C)AAtherequirementthatafacilityprovide dischargeplanningandclientfollow-upcontact; (3)AAclientrightsandstandardsformedication, nutrition,andemergencysituations; (4)AAtheclientrecordskeptbyafacility; (5)AAthegeneralphysicalplantrequirementsfora facility,includingenvironmentalconsiderations,fireprotection, safety,andotherconditionstoensurethehealthandcomfortofthe clients; (6)AAstandardsnecessarytoprotecttheclient, includingstandardsrequiredorauthorizedbyfederalorother statelaw;and (7)AAtheapprovalofafacilitytotreatadultorminor clientswhoarereferredbythecriminaljusticesystemorbya courtorderforinvoluntarycivilorcriminalcommitmentor detention. (c)AATheexecutivecommissionershalladoptrulestoprotect therightsofindividualsreceivingservicesfromatreatment facilityandtomaintaintheconfidentialityofclientrecordsas requiredbystateandfederallaw. (d)AATheexecutivecommissionerbyrulemaynotrestrict competitivebiddingoradvertisingbyafacilityregulatedbythe departmentunderthischapterexcepttoprohibitfalse,misleading, ordeceptivepracticesbythefacility.AAHowever,thoserulesmay not: (1)AArestrictthefacilitysuseofanymediumfor advertising; (2)AArestrictinanadvertisementthepersonal appearanceofapersonrepresentingthefacilityortheuseofthat personsvoice; (3)AAregulatethesizeordurationofanadvertisement bythefacility;or 7 (4)AArestrictthefacilitysadvertisementundera tradename. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.184,eff.Sept.1,1991. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1188, eff.April2,2015. Sec.464.0095.AARESTRAINTANDSECLUSION.Apersonproviding servicestoaclientatatreatmentfacilityshallcomplywith Chapter322andtherulesadoptedunderthatchapter. AddedbyActs2005,79thLeg.,Ch.698(S.B.325),Sec.5,eff. September1,2005. Sec.464.010.AAREPORTSOFABUSEORNEGLECT.(a)AAAperson, includingtreatmentfacilitypersonnel,whobelievesthata clientsphysicalormentalhealthorwelfarehasbeen,is,orwill beadverselyaffectedbyabuseorneglectcausedbyanypersonshall reportthefactsunderlyingthatbelieftothedepartment.AAThis requirementisinadditiontotherequirementsprescribedby Chapter261,FamilyCode,andChapter48,HumanResourcesCode. (b)AATheexecutivecommissionershallprescribeprocedures fortheinvestigationofreportsunderSubsection(a)andfor coordinationwithlawenforcementagenciesorotheragencies. (c)AAAnindividualwhoingoodfaithreportstothe departmentunderthissectionisimmunefromcivilorcriminal liabilitybasedonthereport.AAThatimmunityextendsto participationinajudicialproceedingresultingfromthereport butdoesnotextendtoanindividualwhocausedtheabuseor neglect. (d)AAThedepartmentmayrequesttheattorneygenerals officetofileapetitionfortemporarycareandprotectionofa clientofaresidentialtreatmentfacilityifitappearsthat immediateremovaloftheclientisnecessarytopreventfurther abuse. (e)AAAllrecordsmadebythedepartmentduringits investigationofallegedabuseorneglectareconfidentialandmay 8 notbereleasedexceptthatthereleasemaybemade: (1)AAoncourtorder; (2)AAonwrittenrequestandconsentofthepersonunder investigationorthatpersonsauthorizedattorney;or (3)AAasprovidedbySection464.011. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.185,eff.Sept.1,1991;Acts 1997,75thLeg.,ch.165,Sec.7.44,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1189, eff.April2,2015. Sec.464.011.AADISCLOSUREOFDEPARTMENTRECORDS.AAUnless prohibitedorlimitedbyfederalorotherstatelaw,thedepartment maymakeitslicensingandinvestigatoryrecordsthatidentifya clientavailabletoastateorfederalagencyorlawenforcement authorityonrequestandforofficialpurposes. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.186,eff.Sept.1,1991. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1190, eff.April2,2015. Sec.A464.012.AAHIVINFECTIONEDUCATION,TESTING,AND COUNSELING.(a)AAAtreatmentfacilitylicensedunderthischapter shallprovidetoemployeesofthefacilityeducationregarding methodsoftransmittingandpreventinghumanimmunodeficiency virusinfectionbasedonthemodeleducationprogramdevelopedby thedepartmentandshallmaketheeducationavailabletofacility clients. (b)AAEmployeesofthefacilitywhocounselclientsshall providecounselinginaccordancewiththemodelprotocolfor counselingrelatedtoHIVinfectiondevelopedbythedepartment. (c)AAAtreatmentfacilitylicensedunderthischaptershall makeavailableormakereferralstovoluntary,anonymous,and affordablecounselingandtestingservicesconcerninghuman immunodeficiencyvirusinfection. 9 Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.187,eff.Sept.1,1991. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1191, eff.April2,2015. Sec.464.014.AADENIAL,REVOCATION,SUSPENSION,ORNONRENEWAL OFLICENSE.(a)AAThedepartmentshalldeny,revoke,suspend,or refusetorenewalicense,placeonprobationapersonwhoselicense hasbeensuspended,orreprimandalicenseholderiftheapplicant orlicenseholderortheowner,director,administrator,ora clinicalstaffmemberofthefacility: (1)AAhasadocumentedhistoryofclientabuseor neglect;or (2)AAviolatesthissubchapteroradepartmentrule. (b)AAIfalicensesuspensionisprobated,thedepartmentmay establishtheconditionsforcompletionorviolationofthe probation. (c)AAThedenial,revocation,suspension,probation,or nonrenewaltakeseffectonthe30thdayafterthedateonwhichthe noticewasmailedunless: (1)AAthedepartmentsecuresaninjunctionunderSection 464.015;or (2)AAanadministrativeappealisrequested. (d)AAThedepartmentmayrestrictattendanceatanappeals hearingtothepartiesandtheiragents.AAAlicenseholderwhose licenseissuspendedorrevokedmaynotadmitnewclientsuntilthe licenseisreissued. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1993,73rdLeg.,ch.705,Sec.3.06,eff.Sept.1,1993; Acts1995,74thLeg.,ch.76,Sec.5.95(49),eff.Sept.1,1995; Acts1997,75thLeg.,ch.577,Sec.9,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1192, eff.April2,2015. Sec.A464.0145.AADISCIPLINARYACTIONHEARING.(a)AAIfthe 10 departmentproposestosuspend,revoke,orrefusetorenewa personslicense,thepersonisentitledtoahearingconductedby theStateOfficeofAdministrativeHearings. (b)AAProceduresforadisciplinaryactionaregovernedbythe administrativeprocedurelaw,Chapter2001,GovernmentCode. (c)AARulesofpracticeadoptedbytheexecutivecommissioner underSection2001.004,GovernmentCode,applicabletothe proceedingsforadisciplinaryactionmaynotconflictwithrules adoptedbytheStateOfficeofAdministrativeHearings. AddedbyActs1997,75thLeg.,ch.577,Sec.11,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1193, eff.April2,2015. Sec.A464.015.AAINJUNCTION.(a)AAThedepartmentmaypetition adistrictcourttorestrainapersonorfacilitythatviolatesthe rules,standards,orlicensingrequirementsprovidedunderthis subchapterinamannerthatcausesimmediatethreattothehealth andsafetyofindividualclients. (b)AAAsuitforinjunctiverelief,civilpenalties authorizedbySection464.017,orboth,mustbebroughtinTravis Countyorthecountyinwhichtheviolationoccurs. (c)AAAdistrictcourt,onpetitionofthedepartment,the attorneygeneral,oradistrictorcountyattorney,andonafinding bythecourtthatapersonorfacilityisviolatingorhasviolated thissubchapterorastandardadoptedunderthissubchapter,shall grantanyprohibitoryormandatoryinjunctivereliefwarrantedby thefacts,includingatemporaryrestrainingorder,temporary injunction,orpermanentinjunction. (d)AAThecourtgrantinginjunctivereliefshallorderthe personorfacilitytoreimbursethedepartmentandtheparty bringingthesuitforallcostsofinvestigationandlitigation, includingreasonableattorneysfees,reasonableinvestigative expenses,courtcosts,witnessfees,depositionexpenses,andcivil administrativecosts. (e)AAAttherequestofthedepartment,theattorneygeneral ortheappropriatedistrictorcountyattorneyshallinstituteand 11 conductasuitauthorizedbySubsection(a)inthenameofthis state. (f)AAOnhisowninitiative,theattorneygeneralora districtattorneyorcountyattorneymaymaintainanactionfor injunctivereliefinthenameofthestateforaviolationofthis subchapterorastandardadoptedunderthissubchapter. (g)AATheinjunctivereliefandcivilpenaltyauthorizedby thissectionandSection464.017areinadditiontoanyothercivil, administrative,orcriminalpenaltyprovidedbylaw. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.188,eff.Sept.1,1991;Acts 1993,73rdLeg.,ch.705,Sec.3.07,eff.Sept.1,1993. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1194, eff.April2,2015. Sec.A464.016.AACRIMINALPENALTY.(a)Apersoncommitsan offenseifthepersonestablishes,conducts,manages,oroperatesa treatmentfacilitywithoutalicense.Eachdayofviolation constitutesaseparateoffense. (b)AAApersoncommitsanoffenseifthepersonintentionally, maliciously,orrecklesslymakesafalsereportunderSection 464.010. (c)AAApersoncommitsanoffenseifthepersonhasreasonable groundstosuspectthatabuseorneglectofaclientmayhave occurredanddoesnotreportthesuspectedorpossibleabuseor neglecttothedepartmentasrequiredbySection464.010. (d)AAAnoffenseunderthissectionisaClassAmisdemeanor. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1991,72ndLeg.,ch.14,Sec.189,eff.Sept.1,1991. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1195, eff.April2,2015. Sec.A464.017.AACIVILPENALTY.(a)Apersonorfacilityis subjecttoacivilpenaltyofnotmorethan$25,000foreachdayof violationandforeachactofviolationofthissubchapterorarule 12 adoptedunderthissubchapter.Indeterminingtheamountofthe civilpenalty,thecourtshallconsider: (1)AAthepersonsorfacilityspreviousviolations; (2)AAtheseriousnessoftheviolation,includingthe nature,circumstances,extent,andgravityoftheviolation; (3)AAwhetherthehealthandsafetyofthepublicwas threatenedbytheviolation; (4)AAthedemonstratedgoodfaithofthepersonor facility;and (5)AAtheamountnecessarytodeterfutureviolations. (b)AAThedepartmentmay: (1)AAcombineasuittoassessandrecovercivil penaltieswithasuitforinjunctivereliefbroughtunderSection 464.015;or (2)AAfileasuittoassessandrecovercivilpenalties independentlyofasuitforinjunctiverelief. (c)AAAttherequestofthedepartment,theattorneygeneral ortheappropriatedistrictorcountyattorneyshallinstituteand conductthesuitauthorizedbySubsection(b)inthenameofthis state.AAThedepartmentandthepartybringingthesuitmayrecover reasonableexpensesincurredinobtainingcivilpenalties, includinginvestigationcosts,courtcosts,reasonableattorney fees,witnessfees,anddepositionexpenses. (d)AAThecivilpenaltyauthorizedbythissectionisin additiontoanyothercivil,administrative,orcriminalpenalty providedbylaw. (e)AAOnhisowninitiative,theattorneygeneral,adistrict attorney,oracountyattorneymaymaintainanactionforcivil penaltiesinthenameofthestateforaviolationofthis subchapterorastandardadoptedunderthissubchapter. (f)AAPenaltiescollectedunderthissectionbytheattorney generalshallbedepositedtothecreditofthegeneralrevenue fund.AAPenaltiescollectedunderthissectionbyadistrictor countyattorneyshallbedepositedtothecreditofthegeneralfund ofthecountyinwhichthesuitwasheard. (g)AAThedepartmentandthepartybringingthesuitmay recoverreasonableexpensesincurredinobtainingcivilpenalties, 13 includinginvestigationcosts,courtcosts,reasonableattorney fees,witnessfees,anddepositionexpenses. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended byActs1993,73rdLeg.,ch.705,Sec.3.08,eff.Sept.1,1993; Acts1997,75thLeg.,ch.577,Sec.10,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1196, eff.April2,2015. Sec.464.018.AANOTICEOFSUIT.AANotlaterthantheseventh daybeforethedateonwhichtheattorneygeneralintendstobring suitontheattorneygeneralsowninitiativeunderSection464.015 or464.017,theattorneygeneralshallprovidetothedepartment noticeofthesuit.AATheattorneygeneralisnotrequiredto providenoticeofasuitiftheattorneygeneraldeterminesthat waitingtobringsuituntilthenoticeisprovidedwillcreatean immediatethreattothehealthandsafetyofaclient.AAThis sectiondoesnotcreatearequirementthattheattorneygeneral obtainthepermissionoforareferralfromthedepartmentbefore filingsuit. AddedbyActs1993,73rdLeg.,ch.705,Sec.3.09,eff.Sept.1, 1993. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1197, eff.April2,2015. Sec.A464.019.AAADMINISTRATIVEPENALTY.(a)AAThedepartment mayimposeanadministrativepenaltyagainstapersonlicensedor regulatedunderthischapterwhoviolatesthischapteroraruleor orderadoptedunderthischapter. (b)AAThepenaltyforaviolationmaybeinanamountnotto exceed$25,000.Eachdayaviolationcontinuesoroccursisa separateviolationforpurposesofimposingapenalty. (c)AATheamountofthepenaltyshallbebasedon: (1)AAtheseriousnessoftheviolation,includingthe nature,circumstances,extent,andgravityofanyprohibitedacts, andthehazardorpotentialhazardcreatedtothehealth,safety,or 14 economicwelfareofthepublic; (2)AAenforcementcostsrelatingtotheviolation; (3)AAthehistoryofpreviousviolations; (4)AAtheamountnecessarytodeterfutureviolations; (5)AAeffortstocorrecttheviolation;and (6)AAanyothermatterthatjusticemayrequire. (d)AAIfthedepartmentdeterminesthataviolationhas occurred,thedepartmentmayissueareportthatstatesthefactson whichthedeterminationisbasedandthedepartments recommendationontheimpositionofapenalty,includinga recommendationontheamountofthepenalty. (e)AAWithin14daysafterthedatethereportisissued,the departmentshallgivewrittennoticeofthereporttothe person.AAThenoticemaybegivenbycertifiedmail.AAThenotice mustincludeabriefsummaryoftheallegedviolationanda statementoftheamountoftherecommendedpenaltyandmustinform thepersonthatthepersonhasarighttoahearingonthe occurrenceoftheviolation,theamountofthepenalty,orboththe occurrenceoftheviolationandtheamountofthepenalty. (f)AAWithin20daysafterthedatethepersonreceivesthe notice,thepersoninwritingmayacceptthedeterminationand recommendedpenaltyofthedepartmentormaymakeawrittenrequest forahearingontheoccurrenceoftheviolation,theamountofthe penalty,orboththeoccurrenceoftheviolationandtheamountof thepenalty. (g)AAIfthepersonacceptsthedeterminationandrecommended penaltyofthedepartment,thedepartmentbyordershallimposethe recommendedpenalty. (h)AAIfthepersonrequestsahearingorfailstorespond timelytothenotice,anadministrativelawjudgeshallseta hearingandthedepartmentshallgivenoticeofthehearingtothe person.AATheadministrativelawjudgeshallmakefindingsoffact andconclusionsoflawandpromptlyissuetothedepartmenta proposalforadecisionabouttheoccurrenceoftheviolationand theamountofaproposedpenalty.AABasedonthefindingsoffact, conclusionsoflaw,andproposalforadecision,thedepartmentby ordermayfindthataviolationhasoccurredandimposeapenaltyor 15 mayfindthatnoviolationoccurred. (i)AAThenoticeofthedepartmentsordergiventotheperson underChapter2001,GovernmentCode,mustincludeastatementof therightofthepersontojudicialreviewoftheorder. (j)AAWithin30daysafterthedatethedepartmentsorderis finalasprovidedbySubchapterF,Chapter2001,GovernmentCode, thepersonshall: (1)AApaytheamountofthepenalty; (2)AApaytheamountofthepenaltyandfileapetition forjudicialreviewcontestingtheoccurrenceoftheviolation,the amountofthepenalty,orboththeoccurrenceoftheviolationand theamountofthepenalty;or (3)AAwithoutpayingtheamountofthepenalty,filea petitionforjudicialreviewcontestingtheoccurrenceofthe violation,theamountofthepenalty,orboththeoccurrenceofthe violationandtheamountofthepenalty. (k)AAWithinthe30-dayperiod,apersonwhoactsunder Subsection(j)(3)may: (1)AAstayenforcementofthepenaltyby: (A)AApayingtheamountofthepenaltytothecourt forplacementinanescrowaccount;or (B)AAgivingtothecourtasupersedeasbondthat isapprovedbythecourtfortheamountofthepenaltyandthatis effectiveuntilalljudicialreviewofthedepartmentsorderis final;or (2)AArequestthecourttostayenforcementofthe penaltyby: (A)AAfilingwiththecourtaswornaffidavitof thepersonstatingthatthepersonisfinanciallyunabletopaythe amountofthepenaltyandisfinanciallyunabletogivethe supersedeasbond;and (B)AAgivingacopyoftheaffidavitto theAAdepartmentbycertifiedmail. (l)AAThedepartmentonreceiptofacopyofanaffidavit underSubsection(k)(2)mayfilewiththecourtwithinfivedays afterthedatethecopyisreceivedacontesttotheaffidavit.AAThe courtshallholdahearingonthefactsallegedintheaffidavitas 16 soonaspracticableandshallstaytheenforcementofthepenaltyon findingthattheallegedfactsaretrue.AAThepersonwhofilesan affidavithastheburdenofprovingthatthepersonisfinancially unabletopaytheamountofthepenaltyandtogiveasupersedeas bond. (m)AAIfthepersondoesnotpaytheamountofthepenaltyand theenforcementofthepenaltyisnotstayed,thedepartmentmay referthemattertotheattorneygeneralforcollectionofthe amountofthepenalty. (n)AAJudicialreviewoftheorderofthedepartment: (1)AAisinstitutedbyfilingapetitionasprovidedby SubchapterG,Chapter2001,GovernmentCode;and (2)AAisunderthesubstantialevidencerule. (o)AAIfthecourtsustainstheoccurrenceoftheviolation, thecourtmayupholdorreducetheamountofthepenaltyandorder thepersontopaythefullorreducedamountofthepenalty.Ifthe courtdoesnotsustaintheoccurrenceoftheviolation,thecourt shallorderthatnopenaltyisowed. (p)AAWhenthejudgmentofthecourtbecomesfinal,thecourt shallproceedunderthissubsection.Ifthepersonpaidtheamount ofthepenaltyandifthatamountisreducedorisnotupheldbythe court,thecourtshallorderthattheappropriateamountplus accruedinterestberemittedtotheperson.Therateofthe interestistheratechargedonloanstodepositoryinstitutionsby theNewYorkFederalReserveBank,andtheinterestshallbepaid fortheperiodbeginningonthedatethepenaltywaspaidandending onthedatethepenaltyisremitted.Ifthepersongavea supersedeasbondandiftheamountofthepenaltyisnotupheldby thecourt,thecourtshallorderthereleaseofthebond.Ifthe persongaveasupersedeasbondandiftheamountofthepenaltyis reduced,thecourtshallorderthereleaseofthebondafterthe personpaystheamount. (q)AAApenaltycollectedunderthissectionshallberemitted tothecomptrollerfordepositinthegeneralrevenuefund. (r)AAAllproceedingsunderthissectionaresubjectto Chapter2001,GovernmentCode. AddedbyActs1993,73rdLeg.,ch.705,Sec.3.09,eff.Sept.1, 17 1993.AmendedbyActs1995,74thLeg.,ch.76,Sec.5.95(49),(53), (59),eff.Sept.1,1995. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1198, eff.April2,2015. Sec.A464.0195.AARECOVERYOFCOSTS.Iftheattorneygeneral bringsanactiontoenforceanadministrativepenaltyassessed underSection464.019andthecourtordersthepaymentofthe penalty,theattorneygeneralmayrecoverreasonableexpenses incurredintheinvestigation,initiation,orprosecutionofthe enforcementsuit,includinginvestigativecosts,courtcosts, reasonableattorneyfees,witnessfees,anddepositionexpenses. AddedbyActs1993,73rdLeg.,ch.705,Sec.2.091,eff.Sept.1, 1993. Sec.A464.020.AAADDITIONALREQUIREMENTSFORDISCIPLINARY ALTERNATIVEEDUCATIONTREATMENTPROGRAMS.(a)Adisciplinary alternativeeducationprogramunderSection37.008,Education Code,mayapplyforalicenseunderthischaptertoofferchemical dependencytreatmentservices. (b)AATheboardoftrusteesofaschooldistrictwitha disciplinaryalternativeeducationprogram,ortheboards designee,shallemployamentalhealthprofessional,asdefinedby Section164.003,toprovidetheservicesauthorizedbyalicense issuedunderthischaptertothedisciplinaryalternativeeducation program. (c)AAThedepartmentmaynotissuealicensethatauthorizesa disciplinaryalternativeeducationprogramtoprovide detoxificationorresidentialservices. (d)AATheboardoftrusteesofaschooldistrictwitha disciplinaryalternativeeducationprogram,ortheboards designee,maycontractwithaprivatetreatmentfacilityora personemployedbyorundercontractwithaprivatetreatment facilitytoprovidechemicaldependencytreatmentservices.The contractmaynotpermittheservicestobeprovidedatasitethat offersdetoxificationorresidentialservices.Section164.006 18 appliestoacontractmadeunderthissection. AddedbyActs1999,76thLeg.,ch.1112,Sec.2,eff.June18,1999. AmendedbyActs2003,78thLeg.,ch.1055,Sec.29,eff.June20, 2003. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1199, eff.April2,2015. SUBCHAPTERB.COUNTYCONTRACTSWITHALCOHOLISMPROGRAMSANDCENTERS Sec.A464.031.AADEFINITIONS.Inthissubchapter: (1)AA"Alcoholismprogramorcenter"meansapublicor privatealcoholismprevention,intervention,treatment,or rehabilitationprogramorcenter. (2)AA"Department"meanstheDepartmentofStateHealth Services. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1200, eff.April2,2015. Sec.A464.032.AACOUNTYCONTRACTSWITHALCOHOLISMPROGRAMSOR CENTERS.(a)Acountyoragroupofcountiesactingtogethermay contractwithanalcoholismprogramorcentertoprovide prevention,treatment,andrehabilitationservicestopersons sufferingfromalcoholismoratriskofbecomingalcoholics. (b)AAThecountyorgroupofcountiesmaycontractonlywitha programorcenterincludedinalistsubmittedunderSection 464.034. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989. Sec.A464.033.AAAPPLICATIONFORCONTRACT.(a)AATobe eligibletocontractwithacounty,analcoholismprogramorcenter providingpreventionorinterventionservicesmustsubmitan applicationtotheregionalalcoholismadvisorycommittee establishedbythedepartmenttoservetheareainwhichtheprogram orcenterislocatedorinwhichtheprogramorcenterwillprovide 19 services. (b)AATobeeligibletocontractwithacounty,analcoholism programorcenterprovidingtreatmentorrehabilitationservices must: (1)AAsubmitanapplicationasprovidedbySubsection (a);and (2)AAbelicensedbythedepartment. (c)AAAregionalalcoholismadvisorycommitteeshalladopt rulesgoverningtheprocedureforsubmittinganapplication. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1201, eff.April2,2015. Sec.A464.034.AAREVIEWOFCONTRACTAPPLICATIONS;LIST. (a)AAAregionalalcoholismadvisorycommitteeshall: (1)AArevieweachapplicationreceived;and (2)AAranktheapplicationsusingguidelinesfor reviewingfundingapplicationsestablishedbythedepartmentin accordancewithdepartmentrules. (b)AAAtleasttwiceeachyear,eachregionalalcoholism advisorycommitteeshallsubmitarankedlistofallapplications receivedduringtheprecedingsixmonthstoeachcountyinthe regionthecommitteeserves. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1202, eff.April2,2015. Sec.A464.035.AAPAYMENTOFCONTRACTAMOUNTS.Topayfor servicesprovidedunderacontractwithanalcoholismprogramor center,thecommissionerscourtbyordermaydedicateforpayment totheprogramorcenterapercentageofthemoneyreceivedbythe countyasfinesforalcohol-relatedoffensescommittedwhile operatingamotorvehicleunderSections49.04and49.07,Penal Code. Acts1989,71stLeg.,ch.678,Sec.1,eff.Sept.1,1989.Amended 20 byActs1995,74thLeg.,ch.76,Sec.14.41,eff.Sept.1,1995. SUBCHAPTERC.FAITH-BASEDCHEMICALDEPENDENCYTREATMENTPROGRAMS Sec.A464.051.AADEFINITIONS.Inthissubchapter: (1)AA"Chemicaldependency"hasthemeaningassignedby Section464.001. (2)AA"Department"hasthemeaningassignedbySection 464.001. (2-a)AA"Executivecommissioner"hasthemeaning assignedbySection464.001. (3)AA"Religiousorganization"meansachurch, synagogue,mosque,orotherreligiousinstitution: (A)AAthepurposeofwhichisthepropagationof religiousbeliefs;and (B)AAthatisexemptfromfederalincometaxunder Section501(a)oftheInternalRevenueCodeof1986(26U.S.C. Section501(a))bybeinglistedasanexemptorganizationunder Section501(c)ofthatcode(26U.S.C.Section501(c)). (4)AA"Treatment"hasthemeaningassignedbySection 464.001. (5)AA"Treatmentfacility"hasthemeaningassignedby Section464.001. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1203, eff.April2,2015. Sec.A464.052.AAEXEMPTIONFORFAITH-BASEDCHEMICAL DEPENDENCYTREATMENTPROGRAM.(a)SubchapterAdoesnotapplytoa chemicaldependencytreatmentprogramthat: (1)AAisconductedbyareligiousorganization; (2)AAisexclusivelyreligious,spiritual,or ecclesiasticalinnature; (3)AAdoesnottreatminors;and (4)AAisregisteredunderSection464.053. (b)AAThedepartmentmaynotprohibittheuse,byaprogram 21 exemptedunderthissubchapter,oftheterm"counseling," "treatment,"or"rehabilitation." AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1204, eff.April2,2015. Sec.464.053.AAEXEMPTPROGRAMREGISTRATION.AATheexecutive commissionerbyruleshallestablishasimpleprocedurefora faith-basedchemicaldependencytreatmentprogramtoregisterthe programsexemptionunderSection464.052. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1205, eff.April2,2015. Sec.A464.054.AAMEDICALSERVICESPROHIBITED.Aprogram exemptedunderthissubchaptermaynotprovidemedicalcare, medicaldetoxification,ormedicalwithdrawalservices. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Sec.464.055.AAREPRESENTATIONSINPROGRAMADVERTISINGOR LITERATURE.AAAprogramexemptedunderthissubchaptershall conspicuouslyincludeinanyadvertisementorliteraturethat promotesordescribestheprogramortheprogramschemical dependencytreatmentservicesthefollowingstatement: "Thetreatmentandrecoveryservicesat(nameofprogram)are exclusivelyreligiousinnatureandarenotsubjecttolicensureor regulationbytheDepartmentofStateHealthServices.AAThis programoffersonlynonmedicaltreatmentandrecoverymethodssuch asprayer,moralguidance,spiritualcounseling,andscriptural study." AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1206, eff.April2,2015. 22 Sec.A464.056.AADECLARATIONONADMISSION.(a)AAAprogram exemptedunderthissubchaptermaynotadmitapersonunlessthe personsignsthefollowingstatementonadmission: "DECLARATION: "Iunderstandthat: (1)AAthetreatmentandrecoveryservicesat(nameof program)areexclusivelyreligiousinnatureandarenotsubjectto licensureorregulationbytheDepartmentofStateHealthServices; and (2)AA(nameofprogram)offersonlynonmedicaltreatment andrecoverymethods,suchasprayer,moralguidance,spiritual counseling,andscripturalstudy." signed_____________________________date_____________ (b)AATheprogramshall: (1)AAkeeptheoriginalsignedstatementonfile;and (2)AAprovideacopyofthesignedstatementtothe personadmitted. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1207, eff.April2,2015. Sec.464.057.AAREVOCATIONOFEXEMPTION.AAThedepartmentmay revoketheexemptionafternoticeandhearingif: (1)AAtheorganizationconductingtheprogramfailsto timelyinformthedepartmentofanymaterialchangeinthe programsregistrationinformation; (2)AAanyprogramadvertisementorliteraturefailsto includethestatementsrequiredbySection464.055;or (3)AAtheorganizationviolatesthissubchapterora departmentruleadoptedunderthissubchapter. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1208, eff.April2,2015. Sec.A464.058.AAGENERALDIRECTIVETOSTATEAGENCIES.Astate 23 agencymaynotdenytoanindividualastateorfederalsocial servicebenefitonthebasisthattheindividualisparticipating inafaith-basedresidentialchemicaldependencytreatment program. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Sec.464.059.AARELIGIONNOTENDORSED.AAThissubchapteris notintendedtoaidreligion.AAThissubchapterisintendedtoaid personswithachemicaldependencybysupportingprogramsthat servethevalidpublicpurposeofcombatingchemicaldependency, regardlessofwhethertheprogramsarereligious,spiritual,or ecclesiasticalinnature.AATheexemptionoffaith-basedchemical dependencytreatmentprogramsfromlicensureandregulationisnot anendorsementorsponsorshipbythestateofthereligious character,expression,beliefs,doctrines,orpracticesofthe treatmentprograms. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Amendedby: Acts2015,84thLeg.,R.S.,Ch.1(S.B.219),Sec.3.1209, eff.April2,2015. Sec.A464.060.AADIRECTPUBLICFUNDINGPROHIBITED.Aprogram exemptedunderthissubchapterisnoteligibletocompeteagainsta licensedprogramfordirectfederalorstatetreatmentfunding. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. Sec.A464.061.AAEFFECTONHEALTHANDSAFETYDUTIESORPOWERS. Thissubchapterdoesnotaffecttheauthorityofalocal,regional, orstatehealthdepartmentofficial,thestatefiremarshal,ora localfirepreventionofficialtoinspectafacilityusedbya programexemptedunderthissubchapter. AddedbyActs1997,75thLeg.,ch.663,Sec.1,eff.Sept.1,1997. 24 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY U.S. DEPARTMENT OF JUSTICE CIVIL RIGHTS DIVISION Washington, D.C. November 10, 2016 JOINT STATEMENT OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND THE DEPARTMENT OF JUSTICE STATE AND LOCAL LAND USE LAWS AND PRACTICES AND THE APPLICATION OF THE FAIR HOUSING ACT INTRODUCTION The Department of Justice (“DOJ”) and the Department of Housing and Urban Development (“HUD”) are jointly responsible for enforcing the Federal Fair Housing Act (“the 1 Act”), which prohibits discrimination in housing on the basis of race, color, religion, sex, 2 disability, familial status (children under 18 living with a parent or guardian), or national origin. The Act prohibits housing-related policies and practices that exclude or otherwise discriminate against individuals because of protected characteristics. The regulation of land use and zoning is traditionally reserved to state and local governments, except to the extent that it conflicts with requirements imposed by the Fair Housing Act or other federal laws. This Joint Statement provides an overview of the Fair Housing Act’s requirements relating to state and local land use practices and zoning laws, including conduct related to group homes. It updates and expands upon DOJ’s and HUD’s Joint 1 The Fair Housing Act is codified at 42 U.S.C. §§ 3601–19. 2 The Act uses the term “handicap” instead of “disability.” Both terms have the same legal meaning. See Bragdon v. Abbott, 524 U.S. 624, 631 (1998) (noting that the definition of “disability” in the Americans with Disabilities Act 1 Statement on Group Homes, Local Land Use, and the Fair Housing Act, issued on August 18, 1999. The first section of the Joint Statement, Questions 1–6, describes generally the Act’s requirements as they pertain to land use and zoning. The second and third sections, Questions 7– 25, discuss more specifically how the Act applies to land use and zoning laws affecting housing for persons with disabilities, including guidance on regulating group homes and the requirement to provide reasonable accommodations. The fourth section, Questions 26–27, addresses HUD’s and DOJ’s enforcement of the Act in the land use and zoning context. This Joint Statement focuses on the Fair Housing Act, not on other federal civil rights laws that prohibit state and local governments from adopting or implementing land use and zoning practices that discriminate based on a protected characteristic, such as Title II of the 3 Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act (“ADA”), 45 (“Section 504”), and Title VI of the Civil Rights Act of 1964. In addition, the Joint Statement does not address a state or local government’s duty to affirmatively further fair housing, even though state and local governments that receive HUD assistance are subject to this duty. For additional information provided by DOJ and HUD regarding these issues, see the list of resources provided in the answer to Question 27. Questions and Answers on the Fair Housing Act and State and Local Land Use Laws and Zoning 1.How does the Fair Housing Act apply to state and local land use and zoning? The Fair Housing Act prohibits a broad range of housing practices that discriminate against individuals on the basis of race, color, religion, sex, disability, familial status, or national origin (commonly referred to as protected characteristics). As established by the Supremacy Clause of the U.S. Constitution, federal laws such as the Fair Housing Act take precedence over conflicting state and local laws. The Fair Housing Act thus prohibits state and local land use and zoning laws, policies, and practices that discriminate based on a characteristic protected under the Act. Prohibited practices as defined in the Act include making unavailable or denying housing because of a protected characteristic. Housing includes not only buildings intended for occupancy as residences, but also vacant land that may be developed into residences. is drawn almost verbatim “from the definition of ‘handicap’ contained in the Fair Housing Amendments Act of 1988”). This document uses the term “disability,” which is more generally accepted. 3 42 U.S.C. §12132. 4 29 U.S.C. § 794. 5 42 U.S.C. § 2000d. 2 2.What types of land use and zoning laws or practices violate the Fair Housing Act? Examples of state and local land use and zoning laws or practices that may violate the Act include: Prohibiting or restricting the development of housing based on the belief that the residents will be members of a particular protected class, such as race, disability, or familial status, by, for example, placing a moratorium on the development of multifamily housing because of concerns that the residents will include members of a particular protected class. Imposing restrictions or additional conditions on group housing for persons with disabilities that are not imposed on families or other groups of unrelated individuals, by, for example, requiring an occupancy permit for persons with disabilities to live in a single-family home while not requiring a permit for other residents of single-family homes. Imposing restrictions on housing because of alleged public safety concerns that are based on stereotypes about the residents’ or anticipated residents’ membership in a protected class, by, for example, requiring a proposed development to provide additional security measures based on a belief that persons of a particular protected class are more likely to engage in criminal activity. Enforcing otherwise neutral laws or policies differently because of the residents’ protected characteristics, by, for example, citing individuals who are members of a particular protected class for violating code requirements for property upkeep while not citing other residents for similar violations. Refusing to provide reasonable accommodations to land use or zoning policies when such accommodations may be necessary to allow persons with disabilities to have an equal opportunity to use and enjoy the housing, by, for example, denying a request to modify a setback requirement so an accessible sidewalk or ramp can be provided for one or more persons with mobility disabilities. 3. When does a land use or zoning practice constitute intentional discrimination in violation of the Fair Housing Act? Intentional discrimination is also referred to as disparate treatment, meaning that the action treats a person or group of persons differently because of race, color, religion, sex, disability, familial status, or national origin. A land use or zoning practice may be intentionally discriminatory even if there is no personal bias or animus on the part of individual government officials. For example, municipal zoning practices or decisions that reflect acquiescence to community bias may be intentionally discriminatory, even if the officials themselves do not personally share such bias. (See Q&A 5.) Intentional discrimination does not require that the 3 decision-makers were hostile toward members of a particular protected class. Decisions motivated by a purported desire to benefit a particular group can also violate the Act if they result in differential treatment because of a protected characteristic. A land use or zoning practice may be discriminatory on its face. For example, a law that requires persons with disabilities to request permits to live in single-family zones while not requiring persons without disabilities to request such permits violates the Act because it treats persons with disabilities differently based on their disability. Even a law that is seemingly neutral will still violate the Act if enacted with discriminatory intent. In that instance, the analysis of whether there is intentional discrimination will be based on a variety of factors, all of which need not be satisfied. These factors include, but are not limited to: (1) the “impact” of the municipal practice, such as whether an ordinance disproportionately impacts minority residents compared to white residents or whether the practice perpetuates segregation in a neighborhood or particular geographic area; (2) the “historical background” of the action, such as whether there is a history of segregation or discriminatory conduct by the municipality; (3) the “specific sequence of events,” such as whether the city adopted an ordinance or took action only after significant, racially-motivated community opposition to a housing development or changed course after learning that a development would include non-white residents; (4) departures from the “normal procedural sequence,” such as whether a municipality deviated from normal application or zoning requirements; (5) “substantive departures,” such as whether the factors usually considered important suggest that a state or local government should have reached a different result; and (6) the “legislative or administrative history,” such as any statements by members of the state or 6 local decision-making body. 4. Can state and local land use and zoning laws or practices violate the Fair Housing Act if the state or locality did not intend to discriminate against persons on a prohibited basis? Yes. Even absent a discriminatory intent, state or local governments may be liable under the Act for any land use or zoning law or practice that has an unjustified discriminatory effect because of a protected characteristic. In 2015, the United States Supreme Court affirmed this interpretation of the Act in Texas Department of Housing and Community Affairs v. Inclusive 7 Communities Project, Inc.The Court stated that “\[t\]hese unlawful practices include zoning laws and other housing restrictions that function unfairly to exclude minorities from certain 8 neighborhoods without any sufficient justification.” 6 Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 265–68 (1977). 7 ___ U.S. ___, 135 S. Ct. 2507 (2015). 8 Id. at 2521–22. 4 A land use or zoning practice results in a discriminatory effect if it caused or predictably will cause a disparate impact on a group of persons or if it creates, increases, reinforces, or perpetuates segregated housing patterns because of a protected characteristic. A state or local government still has the opportunity to show that the practice is necessary to achieve one or more of its substantial, legitimate, nondiscriminatory interests. These interests must be supported by evidence and may not be hypothetical or speculative. If these interests could not be served by another practice that has a less discriminatory effect, then the practice does not violate the Act. The standard for evaluating housing-related practices with a discriminatory effect are set forth in HUD’s Discriminatory Effects Rule, 24 C.F.R § 100.500. Examples of land use practices that violate the Fair Housing Act under a discriminatory effects standard include minimum floor space or lot size requirements that increase the size and cost of housing if such an increase has the effect of excluding persons from a locality or neighborhood because of their membership in a protected class, without a legally sufficient justification. Similarly, prohibiting low-income or multifamily housing may have a discriminatory effect on persons because of their membership in a protected class and, if so, would violate the Act absent a legally sufficient justification. 5. Does a state or local government violate the Fair Housing Act if it considers the fears or prejudices of community members when enacting or applying its zoning or land use laws respecting housing? When enacting or applying zoning or land use laws, state and local governments may not act because of the fears, prejudices, stereotypes, or unsubstantiated assumptions that community members may have about current or prospective residents because of the residents’ protected characteristics. Doing so violates the Act, even if the officials themselves do not personally share such bias. For example, a city may not deny zoning approval for a low-income housing development that meets all zoning and land use requirements because the development may house residents of a particular protected class or classes whose presence, the community fears, will increase crime and lower property values in the surrounding neighborhood. Similarly, a local government may not block a group home or deny a requested reasonable accommodation in response to neighbors’ stereotypical fears or prejudices about persons with disabilities or a particular type of disability. Of course, a city council or zoning board is not bound by everything that is said by every person who speaks at a public hearing. It is the record as a whole that will be determinative. 5 6. Can state and local governments violate the Fair Housing Act if they adopt or implement restrictions against children? Yes. State and local governments may not impose restrictions on where families with children may reside unless the restrictions are consistent with the “housing for older persons” exemption of the Act. The most common types of housing for older persons that may qualify for this exemption are: (1) housing intended for, and solely occupied by, persons 62 years of age or older; and (2) housing in which 80% of the occupied units have at least one person who is 55 years of age or older that publishes and adheres to policies and procedures demonstrating the intent to house older persons. These types of housing must meet all requirements of the exemption, including complying with HUD regulations applicable to such housing, such as verification procedures regarding the age of the occupants. A state or local government that zones an area to exclude families with children under 18 years of age must continually ensure that housing in that zone meets all requirements of the exemption. If all of the housing in that zone does not continue to meet all such requirements, that state or local government violates the Act. Questions and Answers on the Fair Housing Act and Local Land Use and Zoning Regulation of Group Homes 7. Who qualifies as a person with a disability under the Fair Housing Act? The Fair Housing Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such an impairment; and (3) individuals with a record of such an impairment. The term “physical or mental impairment” includes, but is not limited to, diseases and conditions such as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV infection, developmental disabilities, mental illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism. The term “major life activity” includes activities such as seeing, hearing, walking breathing, performing manual tasks, caring for one’s self, learning, speaking, and working. This list of major life activities is not exhaustive. Being regarded as having a disability means that the individual is treated as if he or she has a disability even though the individual may not have an impairment or may not have an impairment that substantially limits one or more major life activities. For example, if a landlord 6 refuses to rent to a person because the landlord believes the prospective tenant has a disability, then the landlord violates the Act’s prohibition on discrimination on the basis of disability, even if the prospective tenant does not actually have a physical or mental impairment that substantially limits one or more major life activities. Having a record of a disability means the individual has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. 8.What is a group home within the meaning of the Fair Housing Act? The term “group home” does not have a specific legal meaning; land use and zoning officials and the courts, however, have referred to some residences for persons with disabilities as group homes. The Fair Housing Act prohibits discrimination on the basis of disability, and persons with disabilities have the same Fair Housing Act protections whether or not their housing is considered a group home. A household where two or more persons with disabilities choose to live together, as a matter of association, may not be subjected to requirements or conditions that are not imposed on households consisting of persons without disabilities. In this Statement, the term “group home” refers to a dwelling that is or will be occupied by unrelated persons with disabilities. Sometimes group homes serve individuals with a particular type of disability, and sometimes they serve individuals with a variety of disabilities. Some group homes provide residents with in-home support services of varying types, while others do not. The provision of support services is not required for a group home to be protected under the Fair Housing Act. Group homes, as discussed in this Statement, may be opened by individuals or by organizations, both for-profit and not-for-profit. Sometimes it is the group home operator or developer, rather than the individuals who live or are expected to live in the home, who interacts with a state or local government agency about developing or operating the group home, and sometimes there is no interaction among residents or operators and state or local governments. In this Statement, the term “group home” includes homes occupied by persons in recovery from alcohol or substance abuse, who are persons with disabilities under the Act. Although a group home for persons in recovery may commonly be called a “sober home,” the term does not have a specific legal meaning, and the Act treats persons with disabilities who reside in such homes no differently than persons with disabilities who reside in other types of group homes. Like other group homes, homes for persons in recovery are sometimes operated by individuals or organizations, both for-profit and not-for-profit, and support services or supervision are sometimes, but not always, provided. The Act does not require a person who resides in a home for persons in recovery to have participated in or be currently participating in a 7 substance abuse treatment program to be considered a person with a disability. The fact that a resident of a group home may currently be illegally using a controlled substance does not deprive the other residents of the protection of the Fair Housing Act. 9.In what ways does the Fair Housing Act apply to group homes? The Fair Housing Act prohibits discrimination on the basis of disability, and persons with disabilities have the same Fair Housing Act protections whether or not their housing is considered a group home. State and local governments may not discriminate against persons with disabilities who live in group homes. Persons with disabilities who live in or seek to live in group homes are sometimes subjected to unlawful discrimination in a number of ways, including those discussed in the preceding Section of this Joint Statement. Discrimination may be intentional; for example, a locality might pass an ordinance prohibiting group homes in single- family neighborhoods or prohibiting group homes for persons with certain disabilities. These ordinances are facially discriminatory, in violation of the Act. In addition, as discussed more fully in Q&A 10 below, a state or local government may violate the Act by refusing to grant a reasonable accommodation to its zoning or land use ordinance when the requested accommodation may be necessary for persons with disabilities to have an equal opportunity to use and enjoy a dwelling. For example, if a locality refuses to waive an ordinance that limits the number of unrelated persons who may live in a single-family home where such a waiver may be necessary for persons with disabilities to have an equal opportunity to use and enjoy a dwelling, the locality violates the Act unless the locality can prove that the waiver would impose an undue financial and administrative burden on the local government or fundamentally alter the essential nature of the locality’s zoning scheme. Furthermore, a state or local government may violate the Act by enacting an ordinance that has an unjustified discriminatory effect on persons with disabilities who seek to live in a group home in the community. Unlawful actions concerning group homes are discussed in more detail throughout this Statement. 10.What is a reasonable accommodation under the Fair Housing Act? The Fair Housing Act makes it unlawful to refuse to make “reasonable accommodations” to rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling. A “reasonable accommodation” is a change, exception, or adjustment to a rule, policy, practice, or service that may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling, including public and common use spaces. Since rules, policies, practices, and services may have a different effect on persons with disabilities than on other persons, treating persons with disabilities exactly the same as others may sometimes deny them an equal opportunity to use and enjoy a dwelling. 8 Even if a zoning ordinance imposes on group homes the same restrictions that it imposes on housing for other groups of unrelated persons, a local government may be required, in individual cases and when requested to do so, to grant a reasonable accommodation to a group home for persons with disabilities. What constitutes a reasonable accommodation is a case-by- case determination based on an individualized assessment. This topic is discussed in detail in Q&As 20–25 and in the HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act. 11.Does the Fair Housing Act protect persons with disabilities who pose a “direct threat” to others? The Act does not allow for the exclusion of individuals based upon fear, speculation, or stereotype about a particular disability or persons with disabilities in general. Nevertheless, the Act does not protect an individual whose tenancy would constitute a “direct threat” to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others unless the threat or risk to property can be eliminated or significantly reduced by reasonable accommodation. A determination that an individual poses a direct threat must rely on an individualized assessment that is based on reliable objective evidence (for example, current conduct or a recent history of overt acts). The assessment must consider: (1) the nature, duration, and severity of the risk of injury; (2) the probability that injury will actually occur; and (3) whether there are any reasonable accommodations that will eliminate or significantly reduce the direct threat. See Q&A 10 for a general discussion of reasonable accommodations. Consequently, in evaluating an individual’s recent history of overt acts, a state or local government must take into account whether the individual has received intervening treatment or medication that has eliminated or significantly reduced the direct threat (in other words, significant risk of substantial harm). In such a situation, the state or local government may request that the individual show how the circumstances have changed so that he or she no longer poses a direct threat. Any such request must be reasonable and limited to information necessary to assess whether circumstances have changed. Additionally, in such a situation, a state or local government may obtain satisfactory and reasonable assurances that the individual will not pose a direct threat during the tenancy. The state or local government must have reliable, objective evidence that the tenancy of a person with a disability poses a direct threat before excluding him or her from housing on that basis, and, in making that assessment, the state or local government may not ignore evidence showing that the individual’s tenancy would no longer pose a direct threat. Moreover, the fact that one individual may pose a direct threat does not mean that another individual with the same disability or other individuals in a group home may be denied housing. 9 12.Can a state or local government enact laws that specifically limit group homes for individuals with specific types of disabilities? No. Just as it would be illegal to enact a law for the purpose of excluding or limiting group homes for individuals with disabilities, it is illegal under the Act for local land use and zoning laws to exclude or limit group homes for individuals with specific types of disabilities. For example, a government may not limit group homes for persons with mental illness to certain neighborhoods. The fact that the state or local government complies with the Act with regard to group homes for persons with some types of disabilities will not justify discrimination against individuals with another type of disability, such as mental illness. 13.Can a state or local government limit the number of individuals who reside in a group home in a residential neighborhood? Neutral laws that govern groups of unrelated persons who live together do not violate the Act so long as (1) those laws do not intentionally discriminate against persons on the basis of disability (or other protected class), (2) those laws do not have an unjustified discriminatory effect on the basis of disability (or other protected class), and (3) state and local governments make reasonable accommodations when such accommodations may be necessary for a person with a disability to have an equal opportunity to use and enjoy a dwelling. Local zoning and land use laws that treat groups of unrelated persons with disabilities less favorably than similar groups of unrelated persons without disabilities violate the Fair Housing Act. For example, suppose a city’s zoning ordinance defines a “family” to include up to a certain number of unrelated persons living together as a household unit, and gives such a group of unrelated persons the right to live in any zoning district without special permission from the city. If that ordinance also prohibits a group home having the same number of persons with disabilities in a certain district or requires it to seek a use permit, the ordinance would violate the Fair Housing Act. The ordinance violates the Act because it treats persons with disabilities less favorably than families and unrelated persons without disabilities. A local government may generally restrict the ability of groups of unrelated persons to live together without violating the Act as long as the restrictions are imposed on all such groups, including a group defined as a family. Thus, if the definition of a family includes up to a certain number of unrelated individuals, an ordinance would not, on its face, violate the Act if a group home for persons with disabilities with more than the permitted number for a family were not allowed to locate in a single-family-zoned neighborhood because any group of unrelated people without disabilities of that number would also be disallowed.A facially neutral ordinance, however, still may violate the Act if it is intentionally discriminatory (that is, enacted with discriminatory intent or applied in a discriminatory manner), or if it has an unjustified 10 discriminatory effect on persons with disabilities. For example, an ordinance that limits the number of unrelated persons who may constitute a family may violate the Act if it is enacted for the purpose of limiting the number of persons with disabilities who may live in a group home, or if it has the unjustified discriminatory effect of excluding or limiting group homes in the jurisdiction. Governments may also violate the Act if they enforce such restrictions more strictly against group homes than against groups of the same number of unrelated persons without disabilities who live together in housing. In addition, as discussed in detail below, because the Act prohibits the denial of reasonable accommodations to rules and policies for persons with disabilities, a group home that provides housing for a number of persons with disabilities that exceeds the number allowed under the family definition has the right to seek an exception or waiver. If the criteria for a reasonable accommodation are met, the permit must be given in that 9 instance, but the ordinance would not be invalid. 14.How does the Supreme Court’s ruling in Olmstead apply to the Fair Housing Act? 10 InOlmstead v. L.C., the Supreme Court ruled that the Americans with Disabilities Act (ADA) prohibits the unjustified segregation of persons with disabilities in institutional settings where necessary services could reasonably be provided in integrated, community-based settings. An integrated setting is one that enables individuals with disabilities to live and interact with individuals without disabilities to the fullest extent possible. By contrast, a segregated setting includes congregate settings populated exclusively or primarily by individuals with disabilities. AlthoughOlmstead did not interpret the Fair Housing Act, the objectives of the Fair Housing Act and the ADA, as interpreted in Olmstead, are consistent. The Fair Housing Act ensures that persons with disabilities have an equal opportunity to choose the housing where they wish to live. The ADA and Olmstead ensure that persons with disabilities also have the option to live and receive services in the most integrated setting appropriate to their needs. The integration mandate of the ADA and Olmstead can be implemented without impairing the rights protected by the Fair Housing Act. For example, state and local governments that provide or fund housing, health care, or support services must comply with the integration mandate by providing these programs, services, and activities in the most integrated setting appropriate to the needs of individuals with disabilities. State and local governments may comply with this requirement by adopting standards for the housing, health care, or support services they provide or fund that are reasonable, individualized, and specifically tailored to enable individuals with disabilities to live and interact with individuals without disabilities to the fullest extent possible. Local governments should be aware that ordinances and policies that impose additional restrictions on housing or residential services for persons with disabilities that are not imposed on housing or 9 Laws that limit the number of occupants per unit do not violate the Act as long as they are reasonable, are applied to all occupants, and do not operate to discriminate on the basis of disability, familial status, or other characteristics protected by the Act. 10 527 U.S. 581 (1999). 11 residential services for persons without disabilities are likely to violate the Act. In addition, a locality would violate the Act and the integration mandate of the ADA and Olmstead if it required group homes to be concentrated in certain areas of the jurisdiction by, for example, restricting them from being located in other areas. 15.Can a state or local government impose spacing requirements on the location of group homes for persons with disabilities? A “spacing” or “dispersal” requirement generally refers to a requirement that a group home for persons with disabilities must not be located within a specific distance of another group home. Sometimes a spacing requirement is designed so it applies only to group homes and sometimes a spacing requirement is framed more generally and applies to group homes and other types of uses such as boarding houses, student housing, or even certain types of businesses. In a community where a certain number of unrelated persons are permitted by local ordinance to reside together in a home, it would violate the Act for the local ordinance to impose a spacing requirement on group homes that do not exceed that permitted number of residents because the spacing requirement would be a condition imposed on persons with disabilities that is not imposed on persons without disabilities. In situations where a group home seeks a reasonable accommodation to exceed the number of unrelated persons who are permitted by local ordinance to reside together, the Fair Housing Act does not prevent state or local governments from taking into account concerns about the over-concentration of group homes that are located in close proximity to each other. Sometimes compliance with the integration mandate of the ADA and Olmstead requires government agencies responsible for licensing or providing housing for persons with disabilities to consider the location of other group homes when determining what housing will best meet the needs of the persons being served. Some courts, however, have found that spacing requirements violate the Fair Housing Act because they deny persons with disabilities an equal opportunity to choose where they will live. Because an across-the-board spacing requirement may discriminate against persons with disabilities in some residential areas, any standards that state or local governments adopt should evaluate the location of group homes for persons with disabilities on a case-by-case basis. Where a jurisdiction has imposed a spacing requirement on the location of group homes for persons with disabilities, courts may analyze whether the requirement violates the Act under an intent, effects, or reasonable accommodation theory. In cases alleging intentional discrimination, courts look to a number of factors, including the effect of the requirement on housing for persons with disabilities; the jurisdiction’s intent behind the spacing requirement; the existence, size, and location of group homes in a given area; and whether there are methods other than a spacing requirement for accomplishing the jurisdiction’s stated purpose. A spacing requirement enacted with discriminatory intent, such as for the purpose of appeasing neighbors’ stereotypical fears about living near persons with disabilities, violates the Act. Further, a neutral 12 spacing requirement that applies to all housing for groups of unrelated persons may have an unjustified discriminatory effect on persons with disabilities, thus violating the Act. Jurisdictions must also consider, in compliance with the Act, requests for reasonable accommodations to any spacing requirements. 16.Can a state or local government impose health and safety regulations on group home operators? Operators of group homes for persons with disabilities are subject to applicable state and local regulations addressing health and safety concerns unless those regulations are inconsistent with the Fair Housing Act or other federal law. Licensing and other regulatory requirements that may apply to some group homes must also be consistent with the Fair Housing Act. Such regulations must not be based on stereotypes about persons with disabilities or specific types of disabilities. State or local zoning and land use ordinances may not, consistent with the Fair Housing Act, require individuals with disabilities to receive medical, support, or other services or supervision that they do not need or want as a condition for allowing a group home to operate. State and local governments’ enforcement of neutral requirements regarding safety, licensing, and other regulatory requirements governing group homes do not violate the Fair Housing Act so long as the ordinances are enforced in a neutral manner, they do not specifically target group homes, and they do not have an unjustified discriminatory effect on persons with disabilities who wish to reside in group homes. Governments must also consider requests for reasonable accommodations to licensing and regulatory requirements and procedures, and grant them where they may be necessary to afford individuals with disabilities an equal opportunity to use and enjoy a dwelling, as required by the Act. 17.Can a state or local government address suspected criminal activity or fraud and abuse at group homes for persons with disabilities? The Fair Housing Act does not prevent state and local governments from taking nondiscriminatory action in response to criminal activity, insurance fraud, Medicaid fraud, neglect or abuse of residents, or other illegal conduct occurring at group homes, including reporting complaints to the appropriate state or federal regulatory agency. States and localities must ensure that actions to enforce criminal or other laws are not taken to target group homes and are applied equally, regardless of whether the residents of housing are persons with disabilities. For example, persons with disabilities residing in group homes are entitled to the same constitutional protections against unreasonable search and seizure as those without disabilities. 13 18.Does the Fair Housing Act permit a state or local government to implement strategies to integrate group homes for persons with disabilities in particular neighborhoods where they are not currently located? Yes. Some strategies a state or local government could use to further the integration of group housing for persons with disabilities, consistent with the Act, include affirmative marketing or offering incentives. For example, jurisdictions may engage in affirmative marketing or offer variances to providers of housing for persons with disabilities to locate future homes in neighborhoods where group homes for persons with disabilities are not currently located. But jurisdictions may not offer incentives for a discriminatory purpose or that have an unjustified discriminatory effect because of a protected characteristic. 19.Can a local government consider the fears or prejudices of neighbors in deciding whether a group home can be located in a particular neighborhood? In the same way a local government would violate the law if it rejected low-income housing in a community because of neighbors’ fears that such housing would be occupied by racial minorities (see Q&A 5), a local government violates the law if it blocks a group home or denies a reasonable accommodation request because of neighbors’ stereotypical fears or prejudices about persons with disabilities. This is so even if the individual government decision- makers themselves do not have biases against persons with disabilities. Not all community opposition to requests by group homes is necessarily discriminatory. For example, when a group home seeks a reasonable accommodation to operate in an area and the area has limited on-street parking to serve existing residents, it is not a violation of the Fair Housing Act for neighbors and local government officials to raise concerns that the group home may create more demand for on-street parking than would a typical family and to ask the provider to respond. A valid unaddressed concern about inadequate parking facilities could justify denying the requested accommodation, if a similar dwelling that is not a group home or similarly situated use would ordinarily be denied a permit because of such parking concerns. If, however, the group home shows that the home will not create a need for more parking spaces than other dwellings or similarly-situated uses located nearby, or submits a plan to provide any needed off-street parking, then parking concerns would not support a decision to deny the home a permit. 14 Questions and Answers on the Fair Housing Act and Reasonable Accommodation Requests to Local Zoning and Land Use Laws 20.When does a state or local government violate the Fair Housing Act by failing to grant a request for a reasonable accommodation? A state or local government violates the Fair Housing Act by failing to grant a reasonable accommodation request if (1) the persons requesting the accommodation or, in the case of a group home, persons residing in or expected to reside in the group home are persons with a disability under the Act; (2) the state or local government knows or should reasonably be expected to know of their disabilities; (3) an accommodation in the land use or zoning ordinance or other rules, policies, practices, or services of the state or locality was requested by or on behalf of persons with disabilities; (4) the requested accommodation may be necessary to afford one or more persons with a disability an equal opportunity to use and enjoy the dwelling; (5) the state or local government refused to grant, failed to act on, or unreasonably delayed the accommodation request; and (6) the state or local government cannot show that granting the accommodation would impose an undue financial and administrative burden on the local government or that it would fundamentally alter the local government’s zoning scheme. A requested accommodation may be necessary if there is an identifiable relationship between the requested accommodation and the group home residents’ disability. Further information is provided in Q&A 10 above and the HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act. 21.Can a local government deny a group home’s request for a reasonable accommodation without violating the Fair Housing Act? Yes, a local government may deny a group home’s request for a reasonable accommodation if the request was not made by or on behalf of persons with disabilities (by, for example, the group home developer or operator) or if there is no disability-related need for the requested accommodation because there is no relationship between the requested accommodation and the disabilities of the residents or proposed residents. In addition, a group home’s request for a reasonable accommodation may be denied by a local government if providing the accommodation is not reasonable—in other words, if it would impose an undue financial and administrative burden on the local government or it would fundamentally alter the local government’s zoning scheme. The determination of undue financial and administrative burden must be decided on a case-by-case basis involving various factors, such as the nature and extent of the administrative burden and the cost of the requested accommodation to the local government, the financial resources of the local government, and the benefits that the accommodation would provide to the persons with disabilities who will reside in the group home. 15 When a local government refuses an accommodation request because it would pose an undue financial and administrative burden, the local government should discuss with the requester whether there is an alternative accommodation that would effectively address the disability-related needs of the group home’s residents without imposing an undue financial and administrative burden. This discussion is called an “interactive process.” If an alternative accommodation would effectively meet the disability-related needs of the residents of the group home and is reasonable (that is, it would not impose an undue financial and administrative burden or fundamentally alter the local government’s zoning scheme), the local government must grant the alternative accommodation. An interactive process in which the group home and the local government discuss the disability-related need for the requested accommodation and possible alternative accommodations is both required under the Act and helpful to all concerned, because it often results in an effective accommodation for the group home that does not pose an undue financial and administrative burden or fundamental alteration for the local government. 22.What is the procedure for requesting a reasonable accommodation? The reasonable accommodation must actually be requested by or on behalf of the individuals with disabilities who reside or are expected to reside in the group home. When the request is made, it is not necessary for the specific individuals who would be expected to live in the group home to be identified. The Act does not require that a request be made in a particular manner or at a particular time. The group home does not need to mention the Fair Housing Act or use the words “reasonable accommodation” when making a reasonable accommodation request. The group home must, however, make the request in a manner that a reasonable person would understand to be a disability-related request for an exception, change, or adjustment to a rule, policy, practice, or service. When making a request for an exception, change, or adjustment to a local land use or zoning regulation or policy, the group home should explain what type of accommodation is being requested and, if the need for the accommodation is not readily apparent or known by the local government, explain the relationship between the accommodation and the disabilities of the group home residents. A request for a reasonable accommodation can be made either orally or in writing. It is often helpful for both the group home and the local government if the reasonable accommodation request is made in writing. This will help prevent misunderstandings regarding what is being requested or whether or when the request was made. Where a local land use or zoning code contains specific procedures for seeking a departure from the general rule, courts have decided that these procedures should ordinarily be followed. If no procedure is specified, or if the procedure is unreasonably burdensome or intrusive or involves significant delays, a request for a reasonable accommodation may, 16 nevertheless, be made in some other way, and a local government is obligated to grant it if the requested accommodation meets the criteria discussed in Q&A 20, above. Whether or not the local land use or zoning code contains a specific procedure for requesting a reasonable accommodation or other exception to a zoning regulation, if local government officials have previously made statements or otherwise indicated that an application for a reasonable accommodation would not receive fair consideration, or if the procedure itself is discriminatory, then persons with disabilities living in a group home, and/or its operator, have the right to file a Fair Housing Act complaint in court to request an order for a reasonable accommodation to the local zoning regulations. 23.Does the Fair Housing Act require local governments to adopt formal reasonable accommodation procedures? The Act does not require a local government to adopt formal procedures for processing requests for reasonable accommodations to local land use or zoning codes. DOJ and HUD nevertheless strongly encourage local governments to adopt formal procedures for identifying and processing reasonable accommodation requests and provide training for government officials and staff as to application of the procedures. Procedures for reviewing and acting on reasonable accommodation requests will help state and local governments meet their obligations under the Act to respond to reasonable accommodation requests and implement reasonable accommodations promptly. Local governments are also encouraged to ensure that the procedures to request a reasonable accommodation or other exception to local zoning regulations are well known throughout the community by, for example, posting them at a readily accessible location and in a digital format accessible to persons with disabilities on the government’s website. If a jurisdiction chooses to adopt formal procedures for reasonable accommodation requests, the procedures cannot be onerous or require information beyond what is necessary to show that the individual has a disability and that the requested accommodation is related to that disability. For example, in most cases, an individual’s medical record or detailed information about the nature of a person’s disability is not necessary for this inquiry. In addition, officials and staff must be aware that any procedures for requesting a reasonable accommodation must also be flexible to accommodate the needs of the individual making a request, including accepting and considering requests that are not made through the official procedure. The adoption of a reasonable accommodation procedure, however, will not cure a zoning ordinance that treats group homes differently than other residential housing with the same number of unrelated persons. 17 24.What if a local government fails to act promptly on a reasonable accommodation request? A local government has an obligation to provide prompt responses to reasonable accommodation requests, whether or not a formal reasonable accommodation procedure exists. A local government’s undue delay in responding to a reasonable accommodation request may be deemed a failure to provide a reasonable accommodation. 25.Can a local government enforce its zoning code against a group home that violates the zoning code but has not requested a reasonable accommodation? The Fair Housing Act does not prohibit a local government from enforcing its zoning code against a group home that has violated the local zoning code, as long as that code is not discriminatory or enforced in a discriminatory manner. If, however, the group home requests a reasonable accommodation when faced with enforcement by the locality, the locality still must consider the reasonable accommodation request. A request for a reasonable accommodation may be made at any time, so at that point, the local government must consider whether there is a relationship between the disabilities of the residents of the group home and the need for the requested accommodation. If so, the locality must grant the requested accommodation unless doing so would pose a fundamental alteration to the local government’s zoning scheme or an undue financial and administrative burden to the local government. Questions and Answers on Fair Housing Act Enforcement of Complaints Involving Land Use and Zoning 26.How are Fair Housing Act complaints involving state and local land use laws and practices handled by HUD and DOJ? The Act gives HUD the power to receive, investigate, and conciliate complaints of discrimination, including complaints that a state or local government has discriminated in exercising its land use and zoning powers. HUD may not issue a charge of discrimination pertaining to “the legality of any State or local zoning or other land use law or ordinance.” Rather, after investigating, HUD refers matters it believes may be meritorious to DOJ, which, in its discretion, may decide to bring suit against the state or locality within 18 months after the practice at issue occurred or terminated. DOJ may also bring suit by exercising its authority to initiate litigation alleging a pattern or practice of discrimination or a denial of rights to a group of persons which raises an issue of general public importance. If HUD determines that there is no reasonable cause to believe that there may be a violation, it will close an investigation without referring the matter to DOJ. But a HUD or DOJ 18 decision not to proceed with a land use or zoning matter does not foreclose private plaintiffs from pursuing a claim. Litigation can be an expensive, time-consuming, and uncertain process for all parties. HUD and DOJ encourage parties to land use disputes to explore reasonable alternatives to litigation, including alternative dispute resolution procedures, like mediation or conciliation of the HUD complaint. HUD attempts to conciliate all complaints under the Act that it receives, including those involving land use or zoning laws. In addition, it is DOJ’s policy to offer prospective state or local governments the opportunity to engage in pre-suit settlement negotiations, except in the most unusual circumstances. 27.How can I find more information? For more information on reasonable accommodations and reasonable modifications under the Fair Housing Act: HUD/DOJ Joint Statement on Reasonable Accommodations under the Fair Housing Act, available at https://www.justice.gov/crt/fair-housing-policy-statements-and-guidance-0 orhttp://www.hud.gov/offices/fheo/library/huddojstatement.pdf. HUD/DOJ Joint Statement on Reasonable Modifications under the Fair Housing Act, available at https://www.justice.gov/crt/fair-housing-policy-statements-and-guidance-0 orhttp://www.hud.gov/offices/fheo/disabilities/reasonable_modifications_mar08.pdf. For more information on state and local governments’ obligations under Section 504: HUD website at http://portal.hud.gov/hudportal/HUD?src=/program_offices/ fair_housing_equal_opp/disabilities/sect504. For more information on state and local governments’ obligations under the ADA and Olmstead: U.S. Department of Justice website, www.ADA.gov, or call the ADA information line at (800) 514-0301 (voice) or (800) 514-0383 (TTY). Statement of the Department of Justice on Enforcement of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C.,available at http://www.ada.gov./olmstead/q&a_olmstead.htm. Statement of the Department of Housing and Urban Development on the Role of Housing in Accomplishing the Goals of Olmstead,available at http://portal.hud.gov/hudportal/documents/huddoc?id=OlmsteadGuidnc060413.pdf. 19 For more information on the requirement to affirmatively further fair housing: Affirmatively Furthering Fair Housing, 80 Fed. Reg. 42,272 (July 16, 2015) (to be codified at 24 C.F.R. pts. 5, 91, 92, 570, 574, 576, and 903). U.S. Department of Housing and Urban Development, Version 1, Affirmatively Furthering Fair Housing Rule Guidebook (2015), available at https://www.hudexchange.info/resources/documents/AFFH-Rule-Guidebook.pdf. Office of Fair Housing and Equal Opportunity, U.S. Department of Housing and Urban Development, Vol. 1, Fair Housing Planning Guide (1996), available at http://www.hud.gov/offices/fheo/images/fhpg.pdf. For more information on nuisance and crime-free ordinances: Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services (Sept. 13, 2016), available at http://portal.hud.gov/hudportal/documents/ huddoc?id=FinalNuisanceOrdGdnce.pdf. 20 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S19-0009a,Version:1 3AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit for a Treatment Facility on an approximately 4.4-acre site, generally located on the east side of North Ruddell Street, approximately 495 feet north of Mingo 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. The Planning and Zoning Commission recommended approval (6-0). (S19-0009a, Ruddell Campus, Julie Wyatt) City of DentonPage 1 of 1Printed on 5/31/2019 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: June 4, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit for a Treatment Facility on an approximately 4.4-acre site, generally located on the east side of North Ruddell Street, approximately 495 feet north of Mingo 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. The Planning and Zoning Commission recommended approval (6-0). (S19-0009a, Ruddell Campus, Julie Wyatt) BACKGROUND The request by Solutions of North Texas (SONTX) is for a Specific Use Permit (SUP) to allow a Treatment Facility use on approximately 4.4 acres of property generally located on North Ruddell Street, east of the -2) District. On May 15, 2019, the Planning and Zoning Commission held a public hearing to consider the request. Staff presented an analysis of the proposed SUP, and during the discussion, the Commission expressed concerns regarding the incomplete sidewalk on North Ruddell Street and the University (TWU). The applicant addressed the Commission and provided information regarding his organization. As part of his presentation, he provided details regarding his organization, including crime maps showing that the facility does not generate police calls and SO with TWU. He also stated that the lack of sidewalk on North Ruddell has not caused issues for residents. No other members of the public spoke. At the close of the public hearing, the Planning and Zoning Commission recommended -0). SONTX is a Denton-based drug and alcohol dependency treatment organization that provides counseling and residential support for adults and families impacted by substance abuse. The proposed SUP is comprised of their existing facilities and future development as shown on the attached conceptual site plan (Exhibit 6), which, if approved, would be constructed in phases. Under current regulations, the Denton Development Code (DDC) does not identify a use which would adequately capture the activities associated with the proposed SONTX Ruddell campus. Therefore, in conjunction with the Ruddell Campus SUP, staff has proposed a DDC text amendment for Treatment Facilities. As written, a Treatment Facility is a facility with planned, structured, and organized programs solely designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs and licensed in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency, as amended. If the DDC amendment is approved as proposed, the use would be permitted in the DR-2 District with an SUP and a distance separation of 1,200 feet from any other Supportive Residential, Treatment Facility, Group Home, or Residential Zoning District, measured along the property lines of the street fronts and from front door to front door/nearest district boundary line. 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 concept plan and narrative provided in Exhibits 6 and 7 specify the following, which will be incorporated as requirements of the SUP ordinance. No activities not expressly permitted below may occur on the site. 1. Existing development a. Administrative Building (located at 1516 North Ruddell Street): Within this structure, administrative and clinical staff provide training, education, substance use disorder treatment, and case management services for residential program occupants and for outpatient individuals and families. b. Program Residential Housing (1522 and 1524 North Ruddell Street): This program includes two duplexes (four total dwelling units), which can accommodate a maximum 32 male residents. Participants in the program must be medically cleared from detox complications and remain drug- and alcohol-free during the minimum 90-day stay. Residents must obtain full-time employment or be enrolled in school for a minimum of 35 hours per week. In addition to outside work or school, residents must pay fees for their housing, prepare meals, and maintain the cleanliness of the property. SONTX staff members are onsite during night and weekend hours for resident support, decision-making assistance, program compliance, drug and alcohol testing, and to ensure the safety of the residents. c. Return to Monitor House (1500 North Ruddell Street): This program includes a duplex for two single mothers who have completed a minimum 90-day treatment program, are nearing graduation from Denton Count Family Drug Court, and are awaiting reunification with their children. This facility provides a stable residence for these mothers as they complete Child Protective Services (CPS) requirements to obtain permanent custody of their children. 2. Future development: a. Ambulatory Detox Housing Program (1514 North Ruddell Street): This program would provide housing, medical care, and treatment for 6 adults who are completing outpatient detox from a substance use disorder. Residents would be monitored by full-time program health techs and medical professionals and receive treatment and counselling from qualified clinical staff. Once the residents have completed the ambulatory care detox, they would be transferred to the Program Residential Housing. b. Additional Program Residential Housing (future 1526, 1502, 1504, and 1506 North Ruddell Street): The additional Program Residential Housing would include one duplex for men and three duplexes for women (8 total dwelling units), accommodating up to eight residents per dwelling unit (64 total residents). Resident requirements would be similar to the existing Program Residential Housing. c. Additional Administrative Building (future 1510 North Ruddell Street): Future administrative offices may be needed to accommodate growth and staff needs. 3. Other structures: a. Two pavilions for outdoor activities. b. Accessory structures for storage. c. Two driveways on North Ruddell connecting to an internal loop drive. Staff recommended approval of the SUP with the following conditions: 1. Sobering Centers, defined as a place for individuals to stay in lieu of arrest until sober enough to safely leave (four to six hours), are not permitted on the site. 2. The facility administrator must provide evidence of licensing in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency as part of the yearly fire inspection. 3. Any existing driveways which are not shown on the concept plan must be removed and curb and gutter repaired with public improvements. 4. Bicycle racks are required to be installed at a rate of one per ten required parking spaces. 5. Required buffers (beginning at the front yard setback) a. Six-foot tall wood fence along the north, east, and south property lines b. Medium- or small-canopy trees planted every 30 linear feet along the north and south property lines 6. All buildings must be designed with residential character, including a. Primary entrances facing the public right-of-way or plaza, b. Buildings shall incorporate at least three of the following: dormers, gables, recessed entries, covered front porches, cupolas, architectural posts, or bay window with a minimum 24 inches of projection c. The front façade (facing the public right-of-way) must provide windows and doors for at least 15 percent of the wall area. d. Exterior finishes shall be of wood, masonry, or cementitious siding. e. Masonry shall comprise a minimum of 25 percent of the exterior finishes of the total building elevation 7. All existing and proposed solid waste receptacles must be located along the rear property line and screened from public view. 8. All other requirements outlined in the DDC regulations adopted on April 23, 2019 shall apply, including, but not limited to, tree preservation, landscaping, fencing, and screening. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On May 15, 2019, the Planning and Zoning Commission recommend approval of the request with all of the above stated staff recommendations and conditions \[6-0\]. The subject property was zoned Downtown Residential 2 (DR-2) District as part of the 2002 city-wide rezoning. DEVELOPER ENGAGEMENT DISCLOSURES As of the issuance of this report, no developer contact and/or meeting disclosures have been provided to staff. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Aerial Map 4. Zoning Map 5. Future Land Use Map 6. Conceptual Site Plan 7. Project Narrative 8. Notification Map and Responses 9. Planning and Zoning Commission May 15, 2019 Meeting Minutes 10. Presentation 11. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Julie Wyatt Senior Planner S:\\Legal\\Our Documents\\Ordinances\\19\\S19-0009.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A TREATMENT FACILITY ON AN APPROXIMATELY 4.4-ACRE SITE, GENERALLY LOCATED ON THE EAST SIDE OF NORTH RUDDELL STREET, APPROXIMATELY 495 FEET NORTH OF MINGO 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. (S19-0009, Ruddell Campus) WHEREAS, Mark Martin., on behalf of property owner Solutions of North Texas, has applied for a Specific Use Permit (SUP) to allow for a treatment facility use on approximately 4.4 acres, within the Downtown Residential 2 (DR-2) zoning district and use classification, as described and shown in Exhibit A the Property); and WHEREAS, on May 15, 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, has recommended approval \[6-0\] of the requested SUP, subject to conditions; and WHEREAS, on June 4, 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 hereby finds that the request is consistent with the Denton Plan and federal, state, and local law, and that the Applicant has agreed to comply with all provisions of the Denton Development Code , as they currently exist, or may be amended in the future, 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 treatment facility use on the Property is hereby approved, subject to the following conditions: 1. Sobering Centers, defined as a place for individuals to stay in lieu of arrest until sober enough to safely leave (four to six hours), are not permitted on the site. 2. The facility administrator must provide evidence of licensing in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency as part of the yearly fire inspection. 3. Any existing driveways which are not shown on the concept plan must be removed, and curb and gutter repaired, concurrent with other required public improvements to the street and sidewalk. Page 1 4. Bicycle racks are required to be installed at a rate of one per ten required parking spaces. 5. The following buffers are required beginning at the front yard setback a. Six-foot tall wood fence along the north, east, and south property lines b. Medium- or small-canopy trees planted every 30 linear feet along the north and south property lines 6. All future buildings must be designed with residential character, including a. Primary entrances facing the public right-of-way or plaza b. Buildings shall incorporate at least three of the following: dormers, gables, recessed entries, covered front porches, cupolas, architectural posts, or bay window with a minimum 24 inches of projection c. The front façade (facing the public right-of-way) must provide windows and doors for at least 15 percent of the wall area. d. Exterior finishes shall be of wood, masonry, or cementitious siding, as those terms are defined in the 2019 Denton Development Code, approved by Ordinance DCA18-0009q. e. Masonry, as that term is defined in the 2019 Denton Development Code, approved by Ordinance DCA18-0009q, shall comprise a minimum of 25 percent of the exterior finishes of the total building elevation 7. All existing and proposed solid waste receptacles must be located along the rear property line and screened from public view. 8. All other requirements outlined in the DDC regulations adopted on April 23, 2019 by Ordinance DCA18-0009q shall apply, including, but not limited to, tree preservation, landscaping, fencing, and screening. SECTION 3. The attached concept plan and narrative provided in Exhibit B specify the following activities, and are incorporated as requirements of the SUP. Activities other than those expressly permitted below (regardless of the building in which the listed activities are conducted) shall not occur on the site: 1. Administrative Buildings (1516 North Ruddell Street): Within this structure, administrative and clinical staff provide training, education, substance use disorder treatment, and case management services for residential program occupants and for outpatient individuals and families. 2. Program Residential Housing (1522 and 1524 North Ruddell Street): This program includes two duplexes (four total dwelling units), which can accommodate a maximum 32 male residents. Participants in the program must be medically cleared from detox complications and remain drug- and alcohol-free during the minimum 90-day stay. Residents must obtain full-time employment or be enrolled in school for a minimum of 35 hours per week. In addition to outside work or school, residents must pay fees for their housing, prepare meals, and maintain the cleanliness of the property. SONTX staff members are onsite during night and weekend hours for resident support, decision- making assistance, program compliance, drug and alcohol testing, and to ensure the safety of the residents. 3. Return to Monitor House (1500 North Ruddell Street): This program includes a duplex for two single mothers who have completed a minimum 90-day treatment program, are nearing graduation from Denton Count Family Drug Court, and are awaiting reunification with their children. This facility provides a stable residence for these mothers as they complete Child Protective Services (CPS) requirements to obtain permanent custody of their children. 4. Ambulatory Detox Housing Program (1514 North Ruddell Street): This program would provide housing, medical care, and treatment for 6 adults who are completing outpatient detox from a substance use disorder. Residents would be monitored by full- time program health techs and medical professionals and receive treatment and counselling from qualified clinical staff. Once the residents have completed the ambulatory care detox, they would be transferred to the Program Residential Housing. 5. Additional Program Residential Housing (future 1526, 1502, 1504, and 1506 North Ruddell Street): The additional Program Residential Housing would include one duplex for men and three duplexes for women (8 total dwelling units), accommodating up to eight residents per dwelling unit (64 total residents). Resident requirements would be similar to the existing Program Residential Housing. 6. Additional Administrative Building (future 1510 North Ruddell Street): Future administrative offices may be needed to accommodate growth and staff needs. 7. Two pavilions for outdoor activities. 8. Accessory structures for storage. 9. Two driveways on North Ruddell connecting to an internal loop drive. 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: ______ ______ ______ ______ Jesse Davis, 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 All that certain lot, tract or parcel of land lying and being situated in the City of Denton, Denton County, Texas and being a part of the William Crenshaw Survey, Abstract number 318 and also being all of Lot 1, Block 1, J&R Addition, an addition to the City of Denton, Denton County, Texas according to the plat recorded in Cabinet C, Page 346, Plat Records, Denton County, Texas and being all of that certain tract of land described in deed to Dalton Allen and Charlotte Allen recorded in instrument number 2014-81668, Real Property Records, Denton County, Texas and all of that called 3.125 acre tract of land described in deed North Texas Solutions for Recovery, Inc. recorded in Instrument number 2012-100064, Real Property Records, Denton County, Texas and being more fully described by metes and bounds as follows; BEGINNING at a capped iron rod set stamped "KAZ" in the East line of North Ruddell Street and also being the Northwest corner of said Lot 1, Block 1; THENCE South 89 degrees 59 minutes 42 seconds East, 363.80 feet to a capped iron rod found at the most Northerly Northeast corner of said 3.125 acre tract; THENCE South 00 degrees 02 minutes 12 seconds East, 558.84 feet to a 1/2 inch iron rod found at the most Southerly Southeast corner of said 3.125 acre tract; THENCE South 88 degrees 18 minutes 31 seconds West, 125.64 feet to a 5/8 inch iron rod found at the most Southerly Southwest comer of said 3.125 acre tract; THENCE North 00 degrees 14 minutes 57 seconds East, 99.86 feet to a 1/2 inch square tube found at an ell corner of said 3.125 acre tract; THENCE South 89 degrees 12 minutes 34 seconds West, 271 .87 feet to a P.K. nail set in the aforementioned North Ruddell Street; THENCE along the approximate centerline of said North Ruddell Street, North 00 degrees 11 minutes 22 seconds East, 266.13 feet to a P.K. nail set in said North Ruddell Street and also being the most Westerly Northwest corner of said 3.125 acre tract; THENCE North 89 degrees 43 minutes 05 seconds East, 21.91 feet to a 3/4 inch iron pipe found in the East line of said Street; THENCE along said East line, North 00 degrees 43 minutes 10 seconds East. 100.25 feet to a 5/8 inch iron rod found; THENCE North 89 degrees 47 minutes 06 seconds East, 8.27 feet to a 1/2 inch iron rod found In the East line of said Street; THENCE along said East line, North 00 degrees 17 minutes 46 seconds East, 99.96 feet to the PLACE OF BEGINNING and containing 4.377 acres of land more or less. Exhibit B Preliminary Site Plan, Landscape Plan, and Elevations EXHIBIT B Planning Staff Analysis S19-0009/Ruddell Campus City Council District 1 June 4, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a Specific Use Permit for a Treatment Facility on an approximately 4.4-acre site, generally located on the east side of North Ruddell Street, approximately 495 feet north of Mingo 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. The Planning and Zoning Commission recommended approval (6-0). (S19-0009a, Ruddell Campus, Julie Wyatt) OWNER: North Texas Solutions for Recovery Inc. APPLICANT: Mark Martin, Bates Martin Architects BACKGROUND: The request by Solutions of North Texas (SONTX) is for a Specific Use Permit (SUP) to allow a Treatment Facility use on approximately 4.4 acres of property generally located on North Ruddell StreetThe subject property is zoned Downtown Residential (DR-2) District. SONTX is a Denton-based drug and alcohol dependency treatment organization that provides counseling and residential support for adults and families impacted by substance abuse. The proposed SUP is comprised of their existing facilities and future development as shown on the attached conceptual site plan (Exhibit 6), which, if approved, would be constructed in phases. he existing facilities include the following structures and programs: Administrative Building (located at 1516 North Ruddell Street): Within this structure, administrative and clinical staff provide training, education, substance use disorder treatment, and case management services for residential program occupants and for outpatient individuals and families. The administrative staff maintains regular office hours (between 8:00 a.m. and 6:00 p.m.) and the counseling staff provides evening sessions five nights a week from 6:00 p.m. to 9:00 p.m. The administrative building is closed after 9:00 p.m. Program Residential Housing (1522 and 1524 North Ruddell Street): This program includes two duplexes (four total dwelling units), which can accommodate a maximum 32 male residents. Participants in the program must be medically cleared from detox complications and remain drug- and alcohol-free during the minimum 90-day stay. Residents must obtain full-time employment or be enrolled in school for a minimum of 35 hours per week. In addition to outside work or school, residents must pay fees for their housing, prepare meals, and maintain the cleanliness of the property. SONTX staff members are onsite during night and weekend hours for resident support, decision-making assistance, program compliance, drug and alcohol testing, and to ensure the safety of the residents. Return to Monitor House (1500 North Ruddell Street): This program includes a duplex for two single mothers who have completed a minimum 90-day treatment program, are nearing graduation from Denton Count Family Drug Court, and are awaiting reunification with their children. This facility provides a stable residence for these mothers as they complete Child Protective Services (CPS) requirements to obtain permanent custody of their children. As proposed, future facilities include the following: Ambulatory Detox Housing Program (1514 North Ruddell Street): This program would provide housing, medical care, and treatment for 6 adults who are completing outpatient detox from a substance use disorder. Residents would be monitored by full-time program health techs and medical professionals and receive treatment and counselling from qualified clinical staff. Once the residents have completed the ambulatory care detox, they would be transferred to the Program Residential Housing. Additional Program Residential Housing (future 1526, 1502, 1504, and 1506 North Ruddell Street): The additional Program Residential Housing would include one duplex for men and three duplexes for women (8 total dwelling units), accommodating up to eight residents per dwelling unit (64 total residents). Resident requirements would be similar to the existing Program Residential Housing. Additional Administrative Building (future 1510 North Ruddell Street): Future administrative offices may be needed to accommodate growth and staff needs. Other structures: Other proposed structures include two pavilions for outdoor activities and sheds for storage. Under current regulations, the Denton Development Code (DDC) does not identify a use which would adequately capture the activities associated with the proposed SONTX Ruddell campus. Therefore, in conjunction with the Ruddell Campus SUP, staff has proposed a DDC text amendment for Treatment Facilities. As written, a Treatment Facility is a facility with planned, structured, and organized programs solely designed to initiate and promote a person's chemical- free status or to maintain the person free of illegal drugs and licensed in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency, as amended. If the DDC amendment is approved as proposed, the use would be permitted in the DR-2 District with an SUP and a distance separation of 1,200 feet from any other Supportive Residential, Treatment Facility, or Group Home. SITE DATA: The subject property includes a total of 4.4 acres of land that are currently developed with three duplexes, a single-family home, an office, and several storage sheds. Each of the existing structures provides associated parking and access. The property has approximately 460 feet of frontage on North Ruddell Street, which per the Mobility Plan, is classified as a collector roadway. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Downtown Zoning: DR-2 Zoning: Neighborhood Commercial General Residential Mixed Use Uses: Single-family, (DC-G) 12 (NRMU-12) duplex, and multi-family Use: TWU campus residential Use: Elderly housing West: East: Zoning: DC-G SUBJECT PROPERTY Zoning: NRMU-12 Use: TWU campus Use: Elderly housing Southwest: South: Southeast: Zoning: DC-G Zoning: DR-2 Zoning: NRMU-12 and NR-4 Use: TWU Campus Use: Community home for the disabled, single- Use: Elderly housing, family and multi-family single-family residential, residential, and and undeveloped land 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. Per the Denton Plan 2030, the subject property is located in a Neighborhood/University Compatibility Area Future Land Use Designation, which is intended for residential and commercial areas affected by their proximity to the University of North Texas or TWU). Since the Future Land Use Designation does not directly address social services, analysis of the Element 8 identifies the need for substance abuse treatment in Denton and establishes an action to identify key partners to aid in the implementation of programs (pages 227 and 228). The programs administered by SONTX would meet this intent. The proposed activities associated with the use conform to the definition of the new , which requires planned, structured, and organized programs. The narrative submitted to the City outlines the requirements imposed on the program participants, including scheduled counselling and minimum expectations. As part of the ongoing maintenance of the SUP, if approved, staff recommends the facility administrator provide evidence of licensing in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency as part of the yearly fire inspection. Staff reviewed a conceptual site plan submitted as part of the SUP submittal. While the conceptual site plan does not give enough information for immediate construction, it provides adequate information to analyze the potential impacts of the use to the surrounding area. If the SUP is approved, prior to development, a full site plan will be required to ensure compliance with all setback, lot coverage, site design, landscaping, parking, and access requirements. 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 proposed Ruddell campus is located within a mixed-use zoning district, situated in a higher-density residential area adjacent to the former TWU golf course. This proximity to TWU has influenced the surrounding uses, as multi-family developments began replacing single-family and agricultural uses along North Ruddell Street Moving forward, the TWU master plan update envisions a redevelopment of the golf course, with new student housing at the southwest corner of East University Drive and North Ruddell Street and a new gateway into campus on North Ruddell, near the subject site. Given these surrounding existing uses and future development, staff analyzed all of the activities proposed by SONTX. The following is a discussion of each: Ambulatory Detox Housing Program: Due to the limited number of residents and watchful environment, staff does not anticipate that the use would create negative impacts to the surrounding current and future development. Program Residential Housing: This component of the proposed Treatment Facility, while accommodating those with a disability due to drug or alcohol dependency, would function in a way similar to any other residential use: the occupants must attend work or school, pay rent, and maintain the property. As such, staff does not anticipate that the use would create negative impacts for the immediate vicinity. If approved, the requested residential housing facilities would not result in densities incompatible with the surrounding development. As stated the existing duplexes can house 32 residents, and the proposed duplexes would house a maximum of 64 residents. When combined, the number of potential residents totals 96, or a maximum of 22 persons per acre. While it is not a perfect comparison, the maximum density permitted in the DR-2 District is 30 dwelling units per acre, which could result in 132 multi-family dwellings on the 4.4-acre site, a greater number than is proposed by SONTX. The proposed use is not anticipated create adverse impacts for on-street parking, which is prohibited on the west side of Ruddell. Per the parking standards proposed with the DDC text amendment, the residential housing facilities would require one space per bedroom and the office uses would require one space per 200 square feet, ensuring adequate parking onsite. Administrative Buildings: Offices are generally compatible with higher-density residential areas and are permitted within the DR-2 District. Design elements such as driveway access, buffering, and lighting are important to ensure harmonious development. While the applicant has not fully designed the site, staff recommends a maximum of two driveways onto North Ruddell Street and a buffer beginning at the front yard setback which includes a six-foot wood fence along the north, east, and south property lines and medium- or small-canopy trees planted every 30 linear feet along the north and south property lines. The limited access and buffer will reduce any noise or light impacts to adjacent properties. c. That adequate capacity of infrastructure can and will be provided to and through the subject property. Water and sewer are available for the proposed development along North Ruddell Street. Access to the site should be limited to two driveways along North Ruddell Street, connecting to an internal loop for vehicular circulation. A Denton County Transportation Authority (DCTA) bus shelter is located within 200 feet of the proposed facility; however, at this time, the sidewalk network on North Ruddell is incomplete. As this and other development occurs on the street, additional sidewalks will be required. To provide for additional modes of transit for residents and staff, bicycle racks installed at a rate of one per ten required parking spaces is recommended. 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 subject property is located in a higher-density transitional area near the TWU campus. Any development on the site would be consistent with the surrounding property, as it must conform to the dimensional requirements of the DR-2 District. However, since the property is situated in an area primarily developed with a residential character, staff recommends the following conditions to ensure architectural compatibility and harmonious design with the surrounding property: All future buildings must be designed with residential character, including o Primary entrances facing the public right-of-way or plaza o Buildings shall incorporate at least three of the following: dormers, gables, recessed entries, covered front porches, cupolas, architectural posts, or bay window with a minimum 24 inches of projection o The front façade (facing the public right-of-way) must provide windows and doors for at least 15 percent of the wall area. o Exterior finishes shall be of wood, masonry, or cementitious siding. o Masonry shall comprise a minimum of 25 percent of the exterior finishes of the total building elevation All existing and proposed solid waste receptacles must be located along the rear property line and screened from public view. All other requirements outlined in the DDC regulations adopted on April 23, 2019 shall apply, including, but not limited to, tree preservation, landscaping, fencing, and screening. STAFF RECOMMENDATION: The attached concept plan and narrative provided in Exhibits 6 and 7 specify the following, which will be incorporated as requirements of the SUP ordinance. No activities not expressly permitted below may occur on the site. 1. Existing development a. Administrative Building (located at 1516 North Ruddell Street): Within this structure, administrative and clinical staff provide training, education, substance use disorder treatment, and case management services for residential program occupants and for outpatient individuals and families. b. Program Residential Housing (1522 and 1524 North Ruddell Street): This program includes two duplexes (four total dwelling units), which can accommodate a maximum 32 male residents. Participants in the program must be medically cleared from detox complications and remain drug- and alcohol-free during the minimum 90-day stay. Residents must obtain full-time employment or be enrolled in school for a minimum of 35 hours per week. In addition to outside work or school, residents must pay fees for their housing, prepare meals, and maintain the cleanliness of the property. SONTX staff members are onsite during night and weekend hours for resident support, decision-making assistance, program compliance, drug and alcohol testing, and to ensure the safety of the residents. c. Return to Monitor House (1500 North Ruddell Street): This program includes a duplex for two single mothers who have completed a minimum 90-day treatment program, are nearing graduation from Denton Count Family Drug Court, and are awaiting reunification with their children. This facility provides a stable residence for these mothers as they complete Child Protective Services (CPS) requirements to obtain permanent custody of their children. 2. Future development: a. Ambulatory Detox Housing Program (1514 North Ruddell Street): This program would provide housing, medical care, and treatment for 6 adults who are completing outpatient detox from a substance use disorder. Residents would be monitored by full-time program health techs and medical professionals and receive treatment and counselling from qualified clinical staff. Once the residents have completed the ambulatory care detox, they would be transferred to the Program Residential Housing. b. Additional Program Residential Housing (future 1526, 1502, 1504, and 1506 North Ruddell Street): The additional Program Residential Housing would include one duplex for men and three duplexes for women (8 total dwelling units), accommodating up to eight residents per dwelling unit (64 total residents). Resident requirements would be similar to the existing Program Residential Housing. c. Additional Administrative Building (future 1510 North Ruddell Street): Future administrative offices may be needed to accommodate growth and staff needs. 3. Other structures: a. Two pavilions for outdoor activities. b. Accessory structures for storage. c. Two driveways on North Ruddell connecting to an internal loop drive. Staff recommends approval of the SUP with the following conditions: 1. Sobering Centers, defined as a place for individuals to stay in lieu of arrest until sober enough to safely leave (four to six hours), are not permitted on the site. 2. The facility administrator must provide evidence of licensing in accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a Chemical Dependency as part of the yearly fire inspection. 3. Any existing driveways which are not shown on the concept plan must be removed and curb and gutter repaired with public improvements. 4. Bicycle racks are required to be installed at a rate of one per ten required parking spaces. 5. Required buffers (beginning at the front yard setback) a. Six-foot tall wood fence along the north, east, and south property lines b. Medium- or small-canopy trees planted every 30 linear feet along the north and south property lines 6. All future buildings must be designed with residential character, including a. Primary entrances facing the public right-of-way or plaza b. Buildings shall incorporate at least three of the following: dormers, gables, recessed entries, covered front porches, cupolas, architectural posts, or bay window with a minimum 24 inches of projection c. The front façade (facing the public right-of-way) must provide windows and doors for at least 15 percent of the wall area. d. Exterior finishes shall be of wood, masonry, or cementitious siding. e. Masonry shall comprise a minimum of 25 percent of the exterior finishes of the total building elevation 7. All existing and proposed solid waste receptacles must be located along the rear property line and screened from public view. 8. All other requirements outlined in the DDC regulations adopted on April 23, 2019 shall apply, including, but not limited to, tree preservation, landscaping, fencing, and screening. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 10 notices were sent to property owners within 200 feet of the subject property, 19 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. S19-0009 Site Location CHOCTAW POST OAK 0125250500 Feet SITE µ Parcels Roads Date: 5/1/2019 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. S19-0009 Zoning Map CHOCTAW NR-3 NRMU-12 DR-2 DC-G POST OAK NR-4 DR-1 0125250500 Feet SITEDC-GNR-3 µ DR-1NR-4 Parcels DR-2NRMU-12 Roads Date: 5/1/2019 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. S19-0009 Future Land Use Map Commercial Neighborhood / University Compatibility Area Government / Institutional POST OAK MEADOW OAK Low Residential Downtown Compatibility Area 0205410820 Feet SITENeighborhood Mixed Use Future Land Use Neighborhood / University Compatibility Area Low Residential µ Parcels Commercial Moderate Residential Roads Downtown Compatibility AreaGovernment / Institutional Parks / Open Space Community Mixed Use Date: 5/1/2019 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. S19-0009 Notification Map CHOCTAW POST OAK 0125250500 Feet SITE µ Parcels Roads Date: 5/1/2019 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. 1 Minutes 2 Planning and Zoning Commission 3 May 15, 2019 4 5 6 After determining that a quorum was present, the Planning and Zoning Commission of the City of 7 Denton, Texas convened in a Work Session on Wednesday, May 15, 2019 at 4:00 p.m. in the 8 Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the 9 following items were considered: 10 11 PRESENT: Chair Andrew Rozell. Commissioners: Larry Beck, Jason Cole, Mat Pruneda, 12 Margie Ellis, and Tim Smith. 13 14 ABSENT: Commissioner Alfred Sanchez. 15 16 STAFF: Richard Cannone, Jerry Drake, Cynthia Kirchoff, Ron Menguita, Julie Wyatt, 17 Hayley Zagurski, Cindy Jackson, Karina Maldonado, Mark Laird, Charlie Rosendahl and 18 Cathy Welborn. 19 20 WORK SESSION 21 22 Chair Rozell called the Work Session to order at 4:05 p.m. 23 24 1.Work Session Reports 25 26 A.Draft Policies and Procedures for the Planning and Zoning Commission: 27· Boards and Commission attendance policy. 28 29 Charlie Rosendahl, Business Services Manager, presented Work Session Report 1A. 30 31 Chair Rozell questioned if the 50 percent absences included special called meetings. Rosendahl 32 stated it only includes regularly called and scheduled meetings. 33 34 Rosendahl informed the Planning and Zoning Commissioners if they are unable to attend a meeting 35 to let Richard Cannone, Deputy Director of Development Services or Cathy Welborn, 36 Administrative Assistant III, know and provide the reason why in order to determine if it is excused 37 or unexcused. If a Commissioner requested, an unexcused absence could be brought before the 38 Planning and Zoning Commission as an item for individual consideration to take a vote on 39 excusing the absence. 40 41 B.Notification update. 42 43 Charlie Rosendahl, Business Services Manager, presented Work Session Report 1B. 44 45 Rosendahl stated City Council directed staff to begin using utility service addresses rather than 46 Denton County Appraisal District (DCAD) data for 500-foot courtesy notices. Commissioner 1 1 Pruneda questioned how the property owners would be notified if they don’t have service through 2 the City of Denton. Rosendahl stated staff is legally required to send the 200-foot letter to the 3 property owners, which will still be determined using the most recently approved tax roll as 4 determined by DCAD data. 5 6 C.2019 Development Code and City Initiated Rezoning’s. 7 8 Ron Menguita, Principal Planner, presented Work Session item 1C. Menguita provided the 9 expected areas for the upcoming Public Hearing dates for the City initiated rezoning's. 10 11 Chair Rozell questioned how much the Future Land Use Map (FLUM) will be used as an asset 12 during the City Initiated Rezoning process. Menguita stated it will depend on the area. Rozell 13 questioned if this process will clear up all split zoning areas. Menguita stated yes this will address 14 many properties with split zoning. 15 16 2.Clarification of agenda items listed on the agenda for this meeting. This is an opportunity for 17 Commissioners to ask questions of staff on the Consent and Regular Agenda items, which may 18 include a full briefing on an item in the order it appears on the regular session agenda. Any such 19 briefing will be repeated in regular session. 20 21 Chair Rozell stated Public Hearing items 3A, 3B and 3C have been postponed. 22 23 Commissioner Smith arrived. 24 25 Karina Maldonado, Assistant Planner, presented Public Hearing 3D. Maldonado stated the request 26 is to rezone from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR-4) and 27 add a single family residence and accessory structure. Staff does recommend approval of the 28 request. 29 30 Julie Wyatt, Senior Planner, presented Public Hearing item 3E. Wyatt stated the request is to 31 rezone from Rural Residential District (RD-5) to Neighborhood Residential 4 (NR-4) district on 32 36 acres, Neighborhood Residential 3 (NR-3) on 41 acres, and Neighborhood Residential 2 (NR- 33 2) on 15 acres, totaling approximately 92.06 acres of land. 34 35 Wyatt stated while the request is not consistent with the Future Land Use designation, the proposal, 36 when combined with the following overlay conditions, meets the overall goals within Denton Plan 37 2030; and therefore, staff recommends approval with the following: 1. only single-family detached 38 dwellings are permitted. 2. An off-street multi-use path (trail) is required to be installed and must 39 include the following: A. Each residential lot should be located within 1,300 feet of an access 40 point.B. Two remote connections to adjacent properties are required to ensure that the network 41 will be continued with subsequent development. For the purposes of the multi-use path (trail), 42 remoteness is defined as half of the length of the longest diagonal line bisecting the subject 43 property.3. A 30-foot landscape buffer is required along FM 428 for the entire frontage of the 44 property. The 30-foot landscape buffer shall begin from the Public Utility Easement (PUE) 45 dedicated through the platting process. If a PUE is not required, the landscape area shall begin 46 from the right-of-way dedicated through the platting process. The 30-foot landscape buffer shall 2 1 include the following elements: A. Landscaped berm with a maximum 3:1 side slope on both sides. 2 B. One large canopy tree planted every 30 linear feet. C. Thirty shrubs planted per 100 linear feet. 3 Shrubs may be clustered to create a more natural effect. D. A maximum 6-foot tall masonry, 4 wrought-iron, or split-rail fence. The fence can either be constructed along the rear property line 5 of the single-family lots or meander through the landscape buffer, provided that 75% of the 6 required landscaping is located between the fence and FM 428. 7 Commissioner Ellis arrived. 8 9 Commissioner Smith questioned what this would be classified as under the new Denton 10 Development Code (DDC). Wyatt stated if the conditions are approved it would go forward as a 11 Planned Development (PD) but the underlying zoning would transfer. 12 13 Hayley Zagurski, Senior Planner, presented Public Hearing item 3F. Zagurski stated the request is 14 to make an amendment to the Rayzor Ranch Overlay District to provide standards and criteria for 15 residential development within the Rayzor Ranch South Campus - South Mixed Use District. 16 Zagurski stated staff recommends approval of the request with the following condition: 1.Section 17 35.7.15.10.A \[RROD Parking\] be updated to include the following language: “3. Subsection 18 35.14.7.C Mixed Uses \[DDC Parking\] shall not apply to residential uses with a base zoning of 19 NRMU District and located in the South Mixed-Use District east of Heritage Trail insofar as a 20 parking reduction beyond the minimum required amount shall not be granted for any residential 21 uses.” 22 Julie Wyatt, Senior Planner, presented Public Hearing items 3G and 3H. 23 24 Wyatt stated the request for Public Hearing item 3G is a city-initiated revision to the Denton 25 Development Code (DDC); specifically to amend Subchapter 5 Zoning Districts and Limitations, 26 Subchapter 8, Group Homes, Subchapter 14, Parking Standards, and Subchapter 23, Definitions 27 related to supportive residential uses and treatment facilities. 28 Commissioner Ellis stated we are looking to amend the old DDC in order for the applicant to start 29 before the adoption on the new DDC. Wyatt stated yes, that is correct. Ellis questioned why the 30 old code is being amended, how the change would look in the new code, and whether the new code 31 would need to be amended. Wyatt stated yes, the way staff crafted the language in a way to be 32 transferred easily and the amendment will come back before the Planning and Zoning Commission 33 to get language cleaned up and get it in the new code. 34 35 Wyatt stated staff does recommend approval of the proposed text amendments to Denton 36 Development Code Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, 37 Subchapter 14, Parking Standards, and Subchapter 23, Definitions. 38 39 Commissioner Smith requested for a consideration to move Public Hearing item 3G and 3H before 40 Public Hearing item 3E. Chair Rozell stated yes they can consider the change. 41 Chair Rozell called a recess at 5:49 p.m. 42 43 Chair Rozell reconvened the Work Session at 6:06 p.m. 3 1 2 3 Wyatt stated the request for Public Hearing item 3H is for a Specific Use Permit for a Treatment 4 Facility. Wyatt stated staff does recommend approval of the request with the following conditions: 5 1. Sobering Centers, defined as a place for individuals to stay in lieu of arrest until sober enough 6 to safely leave (four to six hours), are not permitted on the site. 2. The facility administrator must 7 provide evidence of licensing in accordance with Texas Health and Safety Code Chapter 464, 8 Facilities Treating Persons with a Chemical Dependency as part of the yearly fire inspection. 3. 9 Any existing driveways which are not shown on the concept plan must be removed and curb and 10 gutter repaired with public improvements. 4.Bicycle racks are required to be installed at a rate of 11 one per ten required parking spaces. 5. Required buffers (beginning at the front yard setback): A. 12 Six-foot tall wood fence along the north, east, and south property lines. B. Medium- or small- 13 canopy trees planted every 30 linear feet along the north and south property lines. 6. All future 14 buildings must be designed with residential character, including: A. Primary entrances facing the 15 public right-of-way or plaza. B. Buildings shall incorporate at least three of the following: dormers, 16 gables, recessed entries, covered front porches, cupolas, architectural posts, or bay window with a 17 minimum 24 inches of projection. C. The front façade (facing the public right-of-way) must 18 provide windows and doors for at least 15 percent of the wall area. D. Exterior finishes shall be of 19 wood, masonry, or cementitious siding. E. Masonry shall comprise a minimum of 25 percent of 20 the exterior finishes of the total building elevation. 7. All existing and proposed solid waste 21 receptacles must be located along the rear property line and screened from public view. 8. All other 22 requirements outlined in the DDC regulations adopted on April 23, 2019 shall apply, including, 23 but not limited to, tree preservation, landscaping, fencing, and screening. 24 Commissioner Ellis questioned if the applicant has the required license. Wyatt stated the applicant 25 will be here this evening to answer those questions. 26 27 Commissioner Ellis questioned if staff received input from Texas Women’s University (TWU). 28 Wyatt stated they did receive notification but staff has not received any responses. 29 30 Chair Rozell stated the order of the May 15, 2019 Planning and Zoning Commission agenda has 31 been changed to Public Hearing items 3A, 3B and 3C have been postponed, 3D will be heard as 32 listed, then 3G, 3H, 3E and 3F. 33 34 Chair Rozell closed the Work Session at 6:22 p.m. 35 36 REGULAR MEETING 37 38 The Planning and Zoning Commission convened in a Regular Meeting on Wednesday, May 15, 39 2019 at 6:30 p.m. in the City Council Chambers at City Hall, 215 E. McKinney at which time the 40 following items were considered: 41 42 Chair Rozell opened the Regular Meeting at 6:36 p.m. 43 44 1.PLEDGE OF ALLEGIANCE 4 1 A. U.S. Flag B. Texas Flag 2 3 2.CONSENT AGENDA 4 5 A.Consider a request by Baird, Hampton & Brown representing Beall Denton Partners, 6 L.P., for approval of a Preliminary Plat of the Northpointe Addition, Phases 5-8. The 7 approximately 34.431 acre property is generally located on the south side of Loop 288, 8 approximately 3,642 feet west of N. Locust Street, in the City of Denton, Denton County, 9 Texas. (PP18-0019, Northpointe Addition, Ph. 5-8, Cindy Jackson) 10 11 B.Consider a request by Tony Kimbrough, representing Christner Development, LLC., for 12 approval of a Final Plat of Cooper Creek Estates Addition, Lots 1 thru 5, Block A. The 13 approximately 14.92-acre tract is generally located along north Cooper Creek Road at the 14 southwest intersection of Hartlee Field Road and Cooper Creek Road in the extra territorial 15 jurisdiction of the City of Denton, Denton County, Texas (FP19-0005 Cooper Creek 16 Estates Addition, Mark Laird). 17 18 C.Consider a request by MM Westgate, LLC. for approval of a Preliminary Plat for Kings 19 Ridge. The approximately 78-acre tract of land is generally located on the west side of 20 North Bonnie Brae Street, approximately 250 feet south of US Highway 77/North Elm 21 Street in the City of Denton, Denton County, Texas. (PP19-0001, Kings Ridge, Julie 22 Wyatt) 23 24 Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to approve the Consent 25 Agenda. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason Cole 26"aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis 27"aye", and Commissioner Tim Smith "aye". 28 29 3.PUBLIC HEARINGS 30 31 Chair Rozell stated for the record that Public Hearing item 3A, 3B, 3C have been postponed. Chair 32 Rozell continued to state the agenda items have also been reordered to 3D, 3G, 3H, 3E and 3F. 33 34 A.Hold a public hearing and consider making a recommendation to City Council regarding 35 a request by Denton West Joint Venture to amend Ordinance 2014-075 to remove overlay 36 restrictions on approximately 8.627 acres of land zoned Neighborhood Residential Mixed 37 Use (NRMU) District, generally located on the north side of East Ryan Road, 38 approximately 850 feet west of Teasley Lane in the City of Denton, Denton County, Texas. 39 THIS ITEM HAS BEEN POSTPONED TO THE JUNE 5, 2019 PLANNING AND 40 ZONING COMMISSION MEETING. (Z18-0025, Hunters Creek, Julie Wyatt) 41 42 B.Hold a public hearing and consider making a recommendation to City Council regarding 43 a request by Denton West Joint Venture for a Specific Use Permit for multi-family 44 dwellings on approximately 8.627 acres of land zoned Neighborhood Residential Mixed 45 Use (NRMU) District, generally located on the north side of East Ryan Road, 46 approximately 850 feet west of Teasley Lane in the City of Denton, Denton County, Texas. 5 1 THIS ITEM HAS BEEN POSTPONED TO THE JUNE 5, 2019 PLANNING AND 2 ZONING COMMISSION MEETING. (S19-0004, Hunters Creek, Julie Wyatt) 3 4 C.Hold a public hearing and consider making a recommendation to City Council, 5 amending the newly revised (2019) Denton Development Code to: add Section 2.1.2(I), 6 Design Standards Review Procedures; to amend Table 2.2-A: Summary of Development 7 Review Procedures, to add Section 2.10 Design Standards Review Procedures, for the 8 purpose of establishing procedures for processing an application for a Certificate of Design 9 Consistency; to add a new section 4.10, establishing The Denton Square District, generally 10 bounded by Cedar Street, Pecan Street, Austin Street, and Walnut Street, in Denton, Texas, 11 and generally including all properties adjoining those boundary streets, providing for 12 design standards for new construction and certain repairs and renovations within the 13 boundaries of said Denton Square District; and providing for appeals; to provide for 14 severability, penalties in the maximum amount of $2,000.00 for violations thereof, savings, 15 repealer, publication, and an effective date; and further recommending approval to City 16 Council of the Denton Square District Design Guidelines as an additional source of 17 guidance for future construction, repairs, and renovations in the Denton Square District. 18(DCA18-0007, The Denton Square District, Sean Jacobson). THIS ITEM IS 19 POSTPONED TO THE MAY 29, 2019 MEETING OF THE PLANNING & ZONING 20 COMMISSION. THIS ITEM WILL BE RENOTICED FOR THAT DATE. 21 22 D.Hold a public hearing and consider making a recommendation to City Council regarding 23 a request by Epic Hill Homes, LLC representing Camila Martinez for a zoning change from 24 Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 4 (NR-4) Zoning 25 District. The applicant is proposing to construct a single-family dwelling and accessory 26 structure on the subject property totaling approximately 4,515 square feet. The subject 27 property is generally located on the north side of Prairie Street, adjacent to Oakwood 28 Cemetery and approximately 610 feet west of South Bradshaw Street, in the City of 29 Denton, Denton County, Texas. (Z19-0004, Prairie Parcel, Karina Maldonado) 30 31 Chair Rozell opened the Public Hearing. 32 33 Karina Maldonado, Assistant Planner, presented Public Hearing item 3D. Maldonado stated the 34 request is to rezone from Neighborhood Residential 2 (NR-2) to Neighborhood Residential 4 (NR- 35 4) and add a single family residence and accessory structure. Staff does recommend approval of 36 the request. 37 38 The following individual spoke during the Public Hearing: 39 Baltazar Mesta, 503 Chambers Street, Denton, Texas 76205. Supports the request. 40 41 Chair Rozell closed the Public Hearing. 42 43 Commissioner Mat Pruneda motioned, Commissioner Jason Cole seconded to approve Public 44 Hearing item 3D. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason 45 Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie 46 Ellis "aye", and Commissioner Tim Smith "aye". 6 1 2 G.Hold a public hearing and consider making a recommendation to City Council regarding 3 a proposed revision to the Denton Development Code; specifically to amend Subchapter 5 4 Zoning Districts and Limitations, Subchapter 8, Group Homes, Subchapter 14, Parking 5 Standards, and Subchapter 23, Definitions related to supportive residential uses and 6 treatment facilities. (DCA19-0004, Treatment Centers, Julie Wyatt) 7 8 Chair Rozell opened the Public Hearing. 9 10 Wyatt stated the request for Public Hearing item 3G is a city-initiated revision to the DDC; 11 specifically to amend Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, 12 Subchapter 14, Parking Standards, and Subchapter 23, Definitions related to supportive residential 13 uses and treatment facilities. 14 Wyatt stated staff does recommend approval of the proposed text amendments to Denton 15 Development Code Subchapter 5 Zoning Districts and Limitations, Subchapter 8, Group Homes, 16 Subchapter 14, Parking Standards, and Subchapter 23, Definitions. 17 18 Chair Rozell closed the Public Hearing. 19 20 Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to approve Public 21 Hearing item 3G. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason 22 Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie 23 Ellis "aye", and Commissioner Tim Smith "aye". 24 25 H.Hold a public hearing and consider making a recommendation to City Council regarding 26 a request by Solutions of North Texas for a Specific Use Permit for a Treatment Facility 27 on approximately 4.4 acres of land zoned Downtown Residential 2 (DR-2) District, 28 generally located on the east side of North Ruddell Street, approximately 495 feet north of 29 Mingo Road in the City of Denton, Denton County, Texas. (S19-0009, Ruddell Campus, 30 Julie Wyatt) 31 32 Chair Rozell opened the Public Hearing. 33 34 Julie Wyatt, Senior Planner, presented Public Hearing item 3H. Wyatt stated the request for Public 35 Hearing item 3H is for a Specific Use Permit for a Treatment Facility. Wyatt stated staff does 36 recommend approval of the request with the following conditions: 1. Sobering Centers, defined as 37 a place for individuals to stay in lieu of arrest until sober enough to safely leave (four to six hours), 38 are not permitted on the site. 2. The facility administrator must provide evidence of licensing in 39 accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a 40 Chemical Dependency as part of the yearly fire inspection. 3.Any existing driveways which are 41 not shown on the concept plan must be removed and curb and gutter repaired with public 42 improvements. 4.Bicycle racks are required to be installed at a rate of one per ten required parking 43 spaces.5. Required buffers (beginning at the front yard setback): A. Six-foot tall wood fence along 44 the north, east, and south property lines. B. Medium- or small-canopy trees planted every 30 linear 45 feet along the north and south property lines. 6. All future buildings must be designed with 7 1 residential character, including: A. Primary entrances facing the public right-of-way or plaza. B. 2 Buildings shall incorporate at least three of the following: dormers, gables, recessed entries, 3 covered front porches, cupolas, architectural posts, or bay window with a minimum 24 inches of 4 projection.C. The front façade (facing the public right-of-way) must provide windows and doors 5 for at least 15 percent of the wall area. D. Exterior finishes shall be of wood, masonry, or 6 cementitious siding. E. Masonry shall comprise a minimum of 25 percent of the exterior finishes 7 of the total building elevation. 7. All existing and proposed solid waste receptacles must be located 8 along the rear property line and screened from public view. 8. All other requirements outlined in 9 the DDC regulations adopted on April 23, 2019 shall apply, including, but not limited to, tree 10 preservation, landscaping, fencing, and screening. 11 Commissioner Beck questioned if the applicant would be required to install sidewalks along the 12 subject property. Wyatt stated yes as part of their development they will have to install the sidewalk 13 along their frontage. 14 15 The following individual spoke during the Public Hearing: 16 Scott Wisenbaker, 4700 Gunnison Drive, Denton, Texas 76208. Supports the request. 17 18 Scott Wisenbaker, the applicant, handed out two handouts. 19 20 Commissioner Pruneda thanked the applicant for providing the crime history for the area. 21 22 Commissioner Ellis questioned if the applicant has the required license. Wisenbaker stated, yes he 23 currently holds the required license. Commissioner Ellis questioned if the applicant reached out to 24 Texas Women’s University (TWU). Wisenbaker stated yes he did reach out to TWU, with whom 25 Solutions of North Texas has great relationship, but did not hear back. Wisenbaker stated Solutions 26 of North Texas offers an internship program that TWU students utilize. 27 28 Chair Rozell closed the Public Hearing. 29 30 Commissioner Mat Pruneda motioned, Commissioner Jason Cole seconded to approve Public 31 Hearing item 3H with staff’s recommendations: 1. Sobering Centers, defined as a place for 32 individuals to stay in lieu of arrest until sober enough to safely leave (four to six hours), are not 33 permitted on the site. 2. The facility administrator must provide evidence of licensing in 34 accordance with Texas Health and Safety Code Chapter 464, Facilities Treating Persons with a 35 Chemical Dependency as part of the yearly fire inspection. 3.Any existing driveways which are 36 not shown on the concept plan must be removed and curb and gutter repaired with public 37 improvements. 4.Bicycle racks are required to be installed at a rate of one per ten required parking 38 spaces.5. Required buffers (beginning at the front yard setback): A. Six-foot tall wood fence along 39 the north, east, and south property lines. B. Medium- or small-canopy trees planted every 30 linear 40 feet along the north and south property lines. 6. All future buildings must be designed with 41 residential character, including: A. Primary entrances facing the public right-of-way or plaza. B. 42 Buildings shall incorporate at least three of the following: dormers, gables, recessed entries, 43 covered front porches, cupolas, architectural posts, or bay window with a minimum 24 inches of 44 projection.C. The front façade (facing the public right-of-way) must provide windows and doors 45 for at least 15 percent of the wall area. D. Exterior finishes shall be of wood, masonry, or 8 1 cementitious siding. E. Masonry shall comprise a minimum of 25 percent of the exterior finishes 2 of the total building elevation. 7. All existing and proposed solid waste receptacles must be located 3 along the rear property line and screened from public view. 8. All other requirements outlined in 4 the DDC regulations adopted on April 23, 2019 shall apply, including, but not limited to, tree 5 preservation, landscaping, fencing, and screening. Motion approved (6-0). Commissioner Larry 6 Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat 7 Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 8 9 E.Hold a public hearing and consider making a recommendation to City Council regarding a 10 request by Agave Ranch Development LLC and 428 Diamond LLC for an initial zoning district 11 and use classification and a change in the zoning district and use classification from Rural 12 Residential (RD-5) district to Neighborhood Residential 4 (NR-4) district on 36 acres, 13 Neighborhood Residential 3 (NR-3) on 41 acres, and Neighborhood Residential 2 (NR-2) on 15 14 acres, totaling approximately 92.06 acres of land generally located on the east side of East Sherman 15 Drive (FM 428), approximately 1,465 feet north of Hartlee Field Road in the City of Denton, 16 Denton County, Texas. (Z18-0011, Agave Ranch, Julie Wyatt) 17 18 Chair Rozell opened the Public Hearing. 19 20 Julie Wyatt, Senior Planner, presented Public Hearing item 3E. Wyatt stated the request is for a 21 change in the zoning district and use classification from Rural Residential (RD-5) district to 22 Neighborhood Residential 4 (NR-4) district on 36 acres, Neighborhood Residential 3 (NR-3) on 23 41 acres, and Neighborhood Residential 2 (NR-2) on 15 acres, totaling approximately 92.06 acres 24 of land. 25 26 Wyatt stated while the request is not consistent with the Future Land Use designation, the proposal, 27 when combined with the following overlay conditions, meets the overall goals within Denton Plan 28 2030; and therefore, staff recommends approval with the following: 1. only single-family detached 29 dwellings are permitted. 2. An off-street multi-use path (trail) is required to be installed and must 30 include the following: A. Each residential lot should be located within 1,300 feet of an access 31 point.B. Two remote connections to adjacent properties are required to ensure that the network 32 will be continued with subsequent development. For the purposes of the multi-use path (trail), 33 remoteness is defined as half of the length of the longest diagonal line bisecting the subject 34 property.3. A 30-foot landscape buffer is required along FM 428 for the entire frontage of the 35 property. The 30-foot landscape buffer shall begin from the Public Utility Easement (PUE) 36 dedicated through the platting process. If a PUE is not required, the landscape area shall begin 37 from the right-of-way dedicated through the platting process. The 30-foot landscape buffer shall 38 include the following elements: A. Landscaped berm with a maximum 3:1 side slope on both sides. 39 B. One large canopy tree planted every 30 linear feet. C. Thirty shrubs planted per 100 linear feet. 40 Shrubs may be clustered to create a more natural effect. D. A maximum 6-foot tall masonry, 41 wrought-iron, or split-rail fence. The fence can either be constructed along the rear property line 42 of the single-family lots or meander through the landscape buffer, provided that 75% of the 43 required landscaping is located between the fence and FM 428. 44 Commissioner Smith questioned whether the cost for the Hartlee Field Road realignment would 45 be charged to the developer. Wyatt stated as part of any development or the platting of a property, 9 1 right-of-way dedication is part of that process and any perimeter street improvements or road way 2 on the site would have to be done by the developer. 3 4 Commissioner Smith questioned if adding a stop light at Hartlee Field Road and FM 428 will be 5 part of the realignment. Wyatt stated there has been some discussion of adding interventions at the 6 intersection. 7 8 Commissioner Ellis questioned how many single family residents (SFR) were proposed the first 9 time the project was before the Commission. Wyatt stated there were 368 SFR’s previously 10 proposed. 11 12 The following individuals spoke during the Public Hearing: 13 Jason Faigle, 2415 N. Elm Street, Denton, Texas 76201. Supports the request. 14 Aimee Bissett, 2415 N. Elm Street, Denton, Texas 76201. Supports the request. 15 Brenda Dobson Ashley, 2905 Osage Lane, Denton Texas 76210. Supports the request. 16 Susan Smith, 7736 F.M. 428, Denton, Texas 76208. Opposed to the request. 17 Bridgett Marshall, 3539 Pine Trail, Denton, Texas 76208. Opposed to the request. 18 Sharon Kremer, 3574 Pine Trail, Denton, Texas 76208. Opposed to the request. 19 Suzanne Fulton, 729 Greenwood Drive, Denton, Texas 76209. Opposed to the request. 20 Suzie Autry, 1501 Eufemia Drive, Denton, Texas 76207. Supports the request. 21 David Grant, 2701 Hartlee Field Road, Denton, Texas 76208. Supports the request. 22 Ann Woodbridge, 3596 Hartlee Field Road, Denton, Texas 76208. Opposed to the request. 23 Ned Woodbridge, 3596 Hartlee Field Road, Denton, Texas 76208. Opposed to the request. 24 Richard Wells, 3830 Warschun Road, Denton, Texas 76227. Opposed to the request. 25 Catlin Ashley, 3601 Meadowtrail Lane, Denton, Texas 76207. Supports the request. 26 Buddy Ford Dobson, 5547 Woodland Hills, Denton, Texas 76208. Support the request. 27 Ronald L Carter, 4105 Hartlee Field Road, Denton, Texas 76208. Supports the request. 28 Joshua Smith, 5020 Golden Circle, Denton, Texas 76208. Opposed to the request. 29 John Heilman, 300 Lamar Street, Roanoke, Texas 76262. Support the request. 30 31 Jason Faigle, Allison Engineering, and Aimee Bissett, Northbridge Consultants, provided a 32 presentation regarding the proposed development. 33 The following individuals requested not to speak: 34 Elizabeth Ferring, 4572 Coyote Point, Denton, Texas 76208. Opposed to the request. 35 Vickie McGovern, 3110 Hartlee Field Road, Denton, Texas 76208. Opposed to the request. 36 Walter McGovern, 3110 Hartlee Field Road, Denton, Texas 76208. Opposed to the request. 37 Janell Trachta, 2558 Deer Run Road, Aubrey, Texas 76227. Opposed to the request. 38 Kelly Grizzaffi, 2882 Trails End, Aubrey, Texas 76227. Opposed to the request. 39 40 Chair Rozell closed the Public Hearing. 41 42 Commissioner Smith motioned to approve Public Hearing item 3E with staff recommendations. 43 Commissioner Smith continued to state that Texas Department of Transportation (TxDOT) is very 44 reactionary and doesn’t feel the pressure unless they know the homes are coming. 45 10 1 Chair Rozell asked if there was a second to the motion on the board. Chair Rozell stated since 2 there is no seconded the motion fails. 3 4 Commissioner Cole stated he appreciates the applicant for making the changes but this is still the 5 same project just dressed up. Commissioner Cole stated he does not support this kind of density is 6 not appropriate next to rural areas. 7 8 Commissioner Beck thanked the citizens for coming out and agrees with both sides. Commissioner 9 Beck stated this development meets all the expectations he would have for a single family 10 residence, but he agrees with Commissioner Cole that this development does not belong in this 11 area. 12 13 Commissioner Beck motioned to deny Public Hearing item 3E. Commissioner Cole seconded. 14 Chair Rozell requested the Commission =continue the discussion. 15 16 Commissioner Ellis stated she is struggling with intensity of zoning for this side of FM 428, and 17 even though it looks like a great concept she is concerned about the feasibility of the project. 18 19 Commissioner Pruneda stated he would love to see this development in another location, and is 20 unable to support this project, but he hopes the developer is able to come back with a soft 21 Neighborhood Residential 3 (NR-3) to a larger Neighborhood Residential 2 (NR-2). 22 23 Commissioner Smith asked Bissett if the applicant was given the chance would they consider 24 lowering the density to an NR-3 and NR-2. Bissett stated she does not want to speak on behalf of 25 the property owner but he is here this evening. John Heilman, Property Owner, stated yes it is 26 possible and they have actually talked about changing the zoning from NR-4 to NR-3. 27 28 Chair Rozell stated he appreciates the willingness to change the zoning from NR-4 to NR-3 and 29 understands the economic conditions, but would personally rather see the amount of homes 30 decrease to 184 which is a straight NR-2. 31 32 Commissioner Smith made a secondary motion for an indefinite postponement. 33 34 Bissett stated the applicant is amicable to a postponement. 35 36 Commissioner Tim Smith motioned, Commissioner Mat Pruneda seconded to postpone Public 37 Hearing item 3E indefinitely. Motion approved (6-0). Commissioner Larry Beck "aye", 38 Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", 39 Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". 40 41 Chair Rozell called a recess at 9:18 p.m. 42 43 Chair Rozell reconvened the Regular Meeting at 9:29 p.m. 44 45 46 11 1 2 3 F.Hold a public hearing and consider making a recommendation to City Council regarding 4 an amendment to the Rayzor Ranch Overlay District to provide standards and criteria for 5 the residential development within the Rayzor Ranch South Campus - South Mixed Use 6 District. The Rayzor Ranch South Campus includes approximately 257 acres generally 7 located on the south side of West University Drive/US 380 and west of Bonnie Brae Street 8 in the City of Denton, Denton County, Texas. (Z18-0026, Rayzor Ranch South, Hayley 9 Zagurski). 10 11 Chair Rozell opened the Public Hearing. 12 13 Hayley Zagurski, Senior Planner, presented Public Hearing item 3F. Zagurski stated the request is 14 to make an amendment to the Rayzor Ranch Overlay District to provide standards and criteria for 15 residential development within the Rayzor Ranch South Campus - South Mixed Use District. 16 Zagurski stated staff recommends approval of the request with the following condition: 1.Section 17 35.7.15.10.A \[RROD Parking\] be updated to include the following language: “3. Subsection 18 35.14.7.C Mixed Uses \[DDC Parking\] shall not apply to residential uses with a base zoning of 19 NRMU District and located in the South Mixed-Use District east of Heritage Trail insofar as a 20 parking reduction beyond the minimum required amount shall not be granted for any residential 21 uses.” 22 The following individuals spoke during the public hearing: 23 Gerald Luecke, 13642 Omega Road, Dallas, Texas 75244. Supports the request. 24 Aimee Bissett, 212 S Elm Street, Denton, Texas 76201. Supports the request. 25 26 Gerald Luecke, the applicant, spoke regarding the amendments to the Rayzor Ranch Overlay 27 District. 28 29 Commissioner Smith questioned if the applicant would be agreeable to adding the same guideline 30 that all buildings abutting an existing single-family use outside of Rayzor Ranch Overlay District 31 shall comply with the Residential Proximity Slope. No part of any building may extend beyond 32 the Residential Proximity Slope, to single family residents abutting multifamily inside the Rayzor 33 Ranch District. Luecke stated in the original master plan of Rayzor Ranch this area was set up 34 based on the densities and layouts without the residential proximity slope. Luecke continued to 35 state this part of Rayzor Ranch it is set up to be more urban. 36 37 Bissett stated she represents the buyer for the cottage portion of the development and provided 38 some of the expectations for the development. 39 40 Chair Rozell closed the Public Hearing. 41 42 Commissioner Mat Pruneda motioned, Commissioner Larry Beck seconded to approve Public 43 Hearing item 3F. Motion approved (6-0). Commissioner Larry Beck "aye", Commissioner Jason 44 Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie 45 Ellis "aye", and Commissioner Tim Smith "aye". 12 1 2 3 4 5 4.PLANNING & ZONING COMMISSION PROJECT MATRIX 6 A.Planning and Zoning Commission project matrix. 7 8 Richard Cannone, Deputy Director of Development Services, provided an update to the matrix. 9 Cannone stated the discussion regarding rural area small area plans will be put on the June 19, 10 2019 Planning and Zoning Commission agenda. Cannone stated staff will provide an update 11 regarding the bills going through the Senate. Cannone stated Gary Packan, Director or Parks & 12 Recreation, will present the Urban Forester Master Plan and Tree Fund to the Planning and Zoning 13 Commission within the next month. 14 15 Chair Rozell closed the Regular Meeting at 9:50 p.m. 16 13 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:Z19-0002b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,approvingachange inthezoningclassificationfromaDowntownCommercialNeighborhood(DC-N)zoningdistrictanduse classificationtoaDowntownCommercialGeneral(DC-G)zoningdistrictanduseclassificationon approximately0.964acresoflandgenerallylocatedatthenorthwestcorneroftheintersectionofW.Mulberry StreetandS.CarrollBoulevard,intheCityofDenton,DentonCounty,Texas;adoptinganamendmenttothe city’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof; providingforseverability;andestablishinganeffectivedate.ThePlanningandZoningCommission recommends approval (7-0). (Z19-0002b, Denton Bank, Cindy Jackson) City of DentonPage 1 of 1Printed on 5/31/2019 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: June 4, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning classification from a Downtown Commercial Neighborhood (DC-N) zoning district and use classification to a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres of land generally located at the northwest corner of the intersection of W. Mulberry Street and S. Carroll Boulevard, in the City of Denton, Denton County, Texas; adopting an $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (Z19-0002b, Denton Bank, Cindy Jackson) BACKGROUND The applicant is proposing a zoning change from Downtown Commercial Neighborhood (DC-N) zoning district to a Downtown Commercial General (DC-G) zoning district to facilitate redevelopment of the site for a bank with a drive-through window and ITM. A bank is a permitted use in both the DC-N and DC-G districts, however a drive-through is only permitted in the DC-G district upon approval of a Specific Use Permit (SUP). Staff would point out that the future zoning map shows that this area is to be zoned to MN which would also permit a drive-through with an approved SUP. The site is developed with the Denton Funeral Home & Cremation Services, which has been located on this site since 1970 per DCAD records. A separate application for a Specific Use Permit for the drive-through (S19- OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny 4. Table item. RECOMMENDATION The Planning and Zoning Commission recommends approval of the request as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030. Staff recommends approval of the request as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030. PRIOR ACTION/REVIEW (Council, Boards, Commissions) In 2002, the zoning of this site was changed from General Retail (GR) to Downtown Commercial Neighborhood (DC-N) in the citywide rezoning. May 1, 2019, Planning and Zoning Commission recommended approval of Z19-0002 to rezone the site from DC-N to DC-G. (7-0) May 1, 2019, Planning and Zoning Commission recommended approval of S19-0007 for a drive- through facility in association with a bank with conditions. (7-0) DEVELOPER ENGAGEMENT 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. Site Location Map 4. Existing Zoning Map 5. Future Land Use Map 6. Proposed Zoning Map 7. Comparison of Permitted Uses 8. Applicant Project Narrative 9. Draft Concept Plan 10. Notification Map and Responses 11. Planning and Zoning Commission Meeting Minutes 12. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planner Planning and Zoning Commission Meeting Minutes C. Hold a public hearing and consider making a recommendation to City Council regarding a request by Allison Engineering Group representing JNL Texas Holdings to rezone a 0.964 acre site from Downtown Commercial Neighborhood (DC-N) zoning district to a Downtown Commercial General (DC-G) zoning district. The subject property is located at 120 S. Carroll Blvd., in the City of Denton, Denton County, Texas. (Z19-0002, Denton Bank, Cindy Jackson) D. Hold a public hearing and consider making a recommendation to City Council regarding a request by Allison Engineering Group representing JNL Texas Holdings for a Specific Use Permit to allow a drive-through facility in association with a bank. The subject property is located at 120 S. Carroll Blvd., in the City of Denton, Denton County, Texas. S19-0007, Denton Bank, Cindy Jackson) Chair Rozell opened Public Hearing items 4C and 4D. Cindy Jackson, Senior Planner, presented Public Hearing item 4C and 4D. Jackson stated the request is to rezone from Downtown Commercial Neighborhood (DC-N) to Downtown Commercial General (DC-G). Jackson stated staff does recommend approval of the request for Public Hearing item 4C, as it is consistent with the goals and objectives of the Denton Plan 2030 and complies with Zoning Criteria for approval. Jackson stated the request for Public Hearing item 4D is for a drive-through facility in association with a bank. Jackson stated staff recommends approval of the request with the following conditions: 1. 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. 2. Notwithstanding the limited administrative approvals authorized in condition 1, 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 condition The following individuals spoke during the Public Hearing: Lee Allison, 2415 N Elm Street, Denton, Texas 76201. Supports the request. Marty Rivers 120 Industrial Street, Denton, Texas 76201. Supports the request. Commissioner Ellis questioned if there is an expected timeframe when construction should start. Allison stated the hope is next fall if not sooner, but there is a major drainage analysis that has to be done along with site civil and architectural plans. Commissioner Beck stated the fact that the drive-through is next to the neighborhood, he would encourage a fence or a wall to add more privacy between the two. Allison stated there is no issue with adding a fence or a wall. Planning and Zoning Commission Meeting Minutes Commissioner Pruneda questioned what the lighting requirements would be for the abutting neighborhood. Allison stated in accordance with city codes the applicant is limited to a one half candle power at the property line and with the buffers and trees along the west side that should help stop some of the light. Rivers stated since the bank is not a six lane drive-through there is no need for all the lights. Rivers continued to state lights would have to be under the canopy for the two Interactive Teller Machines (ITM). Chair Rozell requested staff to clarify since the recommendation the 2002 Denton Development Code (DDC) the 2002 DDC would control the Specific Use Permit (SUP). Jackson stated that is correct. Chair Rozell requested Allison to pinpoint the disagreement staff and the applicant are having with the recommendations and conditions. Allison stated his feedback regarding the conditions. Jackson stated she was missing the staff requirements. Jackson read into the record the following: The attached site plan, and landscape plan provided in Exhibits 6 and 7 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 existing 13,000 square foot funeral home shall be demolished. 2. The approved use of the site shall be a 12,000 square foot, two-story bank with a drive-through facility consisting of one drive-up ATM lane and one drive-up teller/ATM lane. 3. A total of 33 parking spaces, with the additional space being of pervious paving material, shall be provided on the site. Any additional parking spaces shall be of pervious paving material. 4. The site plan specifies a total of 71% lot coverage and 29% l -foot wide buffer. 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. Chair Rozell questioned if the recommendations should be numbered one through six, instead of one through four then one and two. Jackson stated yes it should be renumbered one through six. Commissioner Smith questioned why the recommendations were set to be so restrictive. Jackson stated has used previously. Commissioner Smith questioned Jerry Drake, First Assistant Attorney, in the past, as restrictive to what has been presented and not allowing the applicant any wiggle room. Drake stated he is unable to respond to why, but there are a couple of things involved. Drake stated he wished he would have been confronted with the issue on how to interrupt this case before tonight. Drake continued to state the SUP regarding McDonalds drive-through did go before City Council a couple of times at which time, City Council wanted to see more detail and with the direction received legal staff worked with planning staff to come up with specific language that would clarify the expectations. Planning and Zoning Commission Meeting Minutes Richard Cannone, Deputy Director of Development Services, stated the reason for the specificity is City Council wanted to ensure what was being presented was what was going to be built. Chair Rozell called a recess at 7:46 p.m. Chair reconvened the Regular Meeting at 8:12 p.m. Chair Rozell requested Cannone to provide the revised recommendations. Cannone provided the modified staff recommendations for Public Hearing item 4D: Staff shall have the ability to increase/decrease amounts by 5%. 1. The existing 13,000 square foot funeral home shall be demolished. 2. The approved use of the site shall be a 12,000 square foot, two-story bank with a drive-through facility consisting of a maximum of two lanes. The building square footage may be reduced beyond 5%. 3. A total of 33 parking spaces in accordance with the DDC. 4. A maximum lot coverage of 80% and 20% landscape area. The lot coverage may be reduced beyond 5% and landscape area increased by any amount. Staff recommends approval of the SUP with the following conditions: 5. 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. 6. Notwithstanding the limited administrative approvals authorized in condition 2 and 4, 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 condition 2 and 4. 7. Large trees shall be planted along the western property line. 8. A perimeter fence shall be placed along the perimeter of the site, adjacent to the single family uses. Chair Rozell questioned if city staff and the applicant are in agreement of the revised recommendations. Cannone stated yes both parties are in agreement. Commissioner Beck stated he would like to require a privacy fence between the site and the abutting neighborhood. Cannone stated staff can add the requirement to the condition and the applicant does not have a problem with the added condition. Commissioner Ellis questioned if Mr. Allison is still in agreement to planting higher trees on the side abutting the neighborhood. Allison stated yes they can require for the buffer trees on the west side to be larger. Chair Rozell closed both Public Hearing items 4C and 4D. Commissioner Tim Smith motioned, Commissioner Jason Cole seconded to approve Public Hearing item 4C. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Commissioner Tim Smith motioned, Commissioner Jason Cole seconded to approve Public Hearing item 4D with the revised condtions: Staff shall have the ability to increase/decrease Planning and Zoning Commission Meeting Minutes amounts by 5%. 1. The existing 13,000 square foot funeral home shall be demolished. 2. The approved use of the site shall be a 12,000 square foot, two-story bank with a drive-through facility consisting of a maximum of two lanes. The building square footage may be reduced beyond 5%. 3. A total of 33 parking spaces in accordance with the DDC. 4. A maximum lot coverage of 80% and 20% landscape area. The lot coverage may be reduced beyond 5% and landscape area increased by any amount. Staff recommends approval of the SUP with the following conditions: 5. 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. 6. Notwithstanding the limited administrative approvals authorized in condition 2 and 4, 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 condition 2 and 4. 7. Large trees shall be planted along the western property line. 8. A perimeter fence shall be placed along the perimeter of the site, adjacent to the single family uses, as wells the condition requiring a privacy fence and the buffer trees on the west side to be larger. 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". S:\\Legal\\Our Documents\\Ordinances\\19\\Z19-0002.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE IN THE ZONING CLASSIFICATION FROM A DOWNTOWN COMMERCIAL NEIGHBORHOOD (DC-N) ZONING DISTRICT AND USE CLASSIFICATION TO THE DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT AND USE CLASSIFICATION, ON APPROXIMATELY 0.964 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF W. MULBERRY STREET AND S. CARROLL BOULEVARD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (Z19-0002) WHEREAS, Allison Engineering Group, representing JNL Texas Holdings, has applied for a zoning change on approximately 0.964 acres , and depicted on Exhibit B, from a Downtown Commercial Neighborhood (DC-N) zoning district and use classification to a Downtown Commercial General (DC-G) zoning district and use classification; and WHEREAS, on May 1, 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 holding full and fair hearings to all property owners interested in this regard, recommended approval \[7-0\] of the change in zoning district and use classification; and WHEREAS, on June 4, 2019, the City Council likewise conducted a public hearing as required by law, 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 further finds that it is consistent with the Denton Plan and the Denton Development Code; and 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, 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 the Downtown Commercial Neighborhood (DC-N) zoning district to the Downtown Commercial General (DC-G) zoning district. SECTION 3. p is 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: ______ ______ ______ ______ Jesse Davis, 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 Exhibit B Site Location EXHIBIT B Planning Report Z19-0002/ Denton Bank City Council District #3 June 4, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a change in the zoning classification from a Downtown Commercial Neighborhood (DC-N) zoning district and use classification to a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres of land generally located at the northwest corner of the intersection of W. Mulberry Street and S. Carroll Boulevard, in the providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (Z19-0002b, Denton Bank, Cindy Jackson) OWNER: JNL Texas Holdings APPLICANT: Allison Engineering Group BACKGROUND: The applicant, on behalf of the property owner, is requesting approval to rezone a 0.964 acre site from Downtown Commercial Neighborhood (DC-N) zoning district to a Downtown Commercial General (DC-G) zoning district for the purpose of redeveloping the site with a bank, including a drive-through ATM and teller windows. The site has been developed with a Funeral Home since 1970 per DCAD records. A separate application for a Specific Use Permit (SUP) for the proposed drive-through is also on the agenda for tonight. This rezoning request must first be approved in order for the SUP request to be considered. SITE DATA: The site is located at the northwest corner of West Mulberry Street and South Carroll Boulevard, and has access to both streets. Carroll Boulevard is classified as a Primary Arterial and Mulberry Street is classified as a Collector Street on the City of Denton Mobility Plan. Primary uses in the surrounding area include commercial, institutional, single family residential and multifamily residential. SURROUNDING ZONING AND LAND USES: North: Northeast: Northwest: Zoning: NRMU & NR-3 Zoning: DC-G Zoning: NR-3 Use: Restaurant and Single Use: Denton County Use: Single Family Residence Family Residence Courthouse East: West: Zoning: DC-G Zoning: DR-2 SUBJECT PROPERTY Use: Denton County Use: Single Family Residence Courthouse Southwest: South: Southeast: Zoning: DR-2Zoning: DR-2Zoning: DC-G Use: Multifamily Residences Use: Single Family and Use: Denton County Multifamily Residences Historical Park 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 Downtown Denton and Neighborhood/University Compatiblity Area. Downtown Dentonmoderate and high density residential, commercial, office, entertainment, and other uses tailored to encourage a greater . The purpose of the compatible form and land uses for the areas that serve both the established neighborhoods and the universities The purpose of the DC-G zoning district to encourage a mixed use and pedestrian oriented district around the downtown district, The University of North Texas, and ted include Townhomes, Dwellings Above Businesses, Multi-family, Fraternities and Sororities. Most commercial and institutional uses are permitted by right or with approval of an SUP. Industrial uses permitted include Print Shops, Bakeries, Craft Alcohol Production, and Veterinary Clinics. Wholesale Sales and Nurseries are permitted with an SUP and limitations. The proposed DC-G district is consistent with the intent of both land use designations as it permits the office and residential service types of uses encouraged by both designations. Refer to the attached list of permitted use in the DC-G District for further detail. b. The proposed rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks, other public requirements, and public convenience. The site is already developed, therefore water and sewer are currently available to the site. West Carroll Boulevard is designated as a primary arterial and as such can accommodate the anticipated transportation demands of a bank. 2. The site is located on the edge of Downtown Denton which is a one of the more urbanized areas within the city. The proposed DC-G district is an extension of the existing DC-G district located to the east of the site. The proposed bank is a lower intensity use than the existing funeral home and will provide a good buffer between the existing residential uses and the higher intensity commercial and institutional uses permitted in the Downtown area. 3. The zoning of the subject site will transition to the MN district with the approval new zoning code and map. A drive-through is permitted upon approval of a SUP in the MN district. STAFF RECOMMENDATION: Staff recommends approval of the request as it is compatible with the surrounding property and is consistent with the goals and objectives of the Denton Plan 2030. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 17 notices were sent to property owners within 200 feet of the subject property, 88 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. As of May 14, 2019, one response opposed to the request has been received from a tenant of a building located within 200 feet of the site. The respondent is not the property owner and therefore is not included in opposition calculations. A neighborhood meeting was held for this request to which there was one resident in attendance. Z19-0002 Site Location HICKORY SYCAMORE 075150300 Feet SITE µ Parcels Roads Date: 2/11/2019 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. Z19-0002 Existing Zoning Map MF-1 NR-3 NRMU HICKORY DC-G DC-N SYCAMORE DR-2 DR-1 075150300 Feet SITEDC-GMF-1 µ DC-NNR-3 Parcels DR-1NRMU Roads DR-2 Date: 2/11/2019 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. Z19-0002 Future Land Use Map Low Residential PARKWAY HAYNES PECAN WALNUT Downtown Denton SYCAMORE Neighborhood / University Compatibility Area Government / Institutional Downtown Compatibility Area 0125250500 Feet SITEDowntown Compatibility Area Future Land Use µ Neighborhood / University Compatibility Area Low Residential Parcels Government / Institutional Downtown Denton Roads Date: 2/11/2019 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. Z19-0002 Proposed Zoning Map MF-1 NR-3 NRMU HICKORY DC-G DC-N SYCAMORE DR-2 DR-1 075150300 Feet SITEDC-GMF-1 µ DC-NNR-3 Parcels DR-1NRMU Roads DR-2 Date: 2/11/2019 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. ComparisonofPermittedUses DCNDCG wĻƭźķĻƓƷźğƌ ƭĻƭ AccessoryDwellingUnits NN Agriculture PP AttachedSinglefamily Dwellings PP CommunityHomesforthe Disabled PP Dormitory PP Duplexes PN DwellingsaboveBusinesses PP FraternityorSorority House PP GroupHomes NSUP Livestock L(7)L(7) Live/WorkUnits PP ManufacturedHousing Developments NN MultifamilyDwellings L(5)L(5) SinglefamilyDwellings NN DCNDCG /ƚƒƒĻƩĭźğƌ\[ğƓķ ƭĻƭ AdministrativeorResearch Facilities L(14)P AutoandRVSales NL(20) Bar L(11)P BedandBreakfast PP BroadcastingorProduction Studio PP CommercialParkingLots L(28)L(28) DriveThroughFacility NSUP EquestrianFacilities NN HomeOccupation PP Hotels NP IndoorRecreation NP LaundryFacilities PP MajorEventEntertainment NSUP MedicalOffice Motels NN MovieTheaters SUPSUP OutdoorRecreation NN PrivateClub L(11)P ProfessionalServicesand Offices L(17)P QuickVehicleServicing NSUP Restaurant L(11)P RetailSalesandService L(17)P SaleofProductsGrownon Site NN SelfserviceStorage NN SexuallyOrientedBusiness NN TemporaryUses L(38)L(38) VehicleRepair NSUP DCNDCG LƓķǒƭƷƩźğƌ\[ğƓķ ƭĻƭ Bakeries L(21)P CompressorStations NN ConstructionMaterials Sales NN CraftAlcoholProduction SUPL(21) Distribution Center/Warehouse, General NN FeedLots NN FoodProcessing NN GasWells L(27)L(27) HeavyManufacturing NN JunkYardsandAuto Wrecking NN Kennels NN LightManufacturing NN ManufactureofNon OdiferousFoods NN Printing/Publishing NP SanitaryLandfills, CommercialIncineratiors, TransferStations NN SelfServiceStorage NN VeterinaryClinics L(26)P Warehouse,Retail NN WholesaleNurseries NSUP/L(36) WholesaleSales NSUP/L(36) WreckerServiceand ImpoundLots DCNDCG LƓƭƷźƷǒƷźƚƓğƌ\[ğƓķ ƭĻƭ AdultorChildDayCare PP BasicUtilities SUPSUP Business/TradeSchool L(26)P Cemeteries NN Churches PP Colleges SUPP CommunityService PP Conference/Convention Centers SUPP ElderlyHousing L(13)P ElectricSubstations& SwitchStations L(43)L(43) HighSchool NN Hospital PP Kindergarten,Elementary School PN MedicalClinic PP MiddleSchool PN Mortuaries PP ParksandOpenSpace PP SemiPublicHalls,Clubs, andLodges PP WECS(buildingmounted) SUPSUP WECS(freestanding monopole) SUPSUP DCNDCG DĻƓĻƩğƌwĻŭǒƌğƷźƚƓƭ MinimumLotArea(square feet) 2,500none MaximumDensity 72150 MaximumFAR MaximumLotCoverage 80%85% MinimumLandscapedArea 20%15% 100100 MaximumBuildingHeightfeet/L(33)feet/L(33) LIMITATIONS: L(5)=Withinthisdistrictthedensityofapartmentswillbecalculatedasone bedroomequatingto.5units. L(7)Α\[źƒźƷĻķtotwoanimalsonparcelsonetothreeacresinsize.Additional animalsmaybeaddedatarateofonepereachacreoverthreeacres. L(11)=Limitedtositdownonly,andnodriveupservicepermitted.Limitedto nomorethanonehundred(100)seatsandnomorethanfourthousand(4,000) squarefeetofrestaurantarea. L(12)=Onpremiseconsumptionorretailsalesandshalllimittheusetono feetofgrossfloorareaforproduction, morethantenthousand(10,000)square bottling,packaging,storing,andothermanufacturingrelatedactivities,and additionalsquarefootageshallrequireaSpecificUsePermit. L(13)=Usesarelimitedtonomorethanfiftyfivethousand(55,000)square feetofgrossfloorareaperlot. L(14)=Usesarelimitedtonomorethantenthousand(10,000)squarefeetof grossfloorarea. L(17)=Usesthatexceedtwentyfivethousand(25,000)squarefeetofgross floorareaperuserequireapprovalofaSUP. L(21)=Bakeryandbottlingareasnottoexceed2,500squarefeet.Saleson premisesofproductsproducedrequiredinthiszone. L(26)=Usesarelimitedtonomorethantwothousandfivehundred(2,500) squarefeetofgrossfloorareaperlot. L(27)=MustcomplywiththeprovisionsofSubchapter89,GasWellDrillingand Production. L(28)=Useallowedaspartofconsolidatedparkingplan. =AdditionalheightmaybeallowedwithanSUPandaviewshedstudy, L(33) whichillustratesthatanyviewsoftheHistoricCourthousearenotblockedby thenewstructure(s)additionalheight. L(36)=Permittedwhencombinedwithretailsales. L(38)=MustmeettherequirementsofSection35.12.9. L(43)=ElectricSubstationsandSwitchStationsarepermittedsubjecttothe following criteria: 1.AnapplicantshallberequiredtosubmitanapplicationforaSpecificUse PermitpursuanttoSubsection35.6inaccordancewithproceduressetforthin Subsection35.3.4unlessitisabletomeetthefollowingrequirements: A.UseofthepropertyisassociatedwithaCityCouncilapprovedCapital ImprovementsPlan(CIP)orotherCityCouncilapprovedMasterPlan;and B.ApublichearingwasheldattheCityCouncilfortheselectionofthesiteto include: i.Writtennoticeofthepublichearingwasprovidedtopropertyownerswithin twohundred(200)feetandphysicaladdresseswithinfivehundred(500)feet ofthesubjectpropertyatleasttwelve(12)dayspriortopublichearing;and ii.Asignadvertisingthepublichearingwaspostedonoradjacenttothe propertyatleasttwelve(12)dayspriortothepublichearing. C.Aneighborhoodmeetingwasheldatleastfifteen(15)dayspriortothe publichearingatCityCouncilfortheacquisitionofthesite. 2.AllElectricSubstationsorSwitchStationsshallcomplywiththefollowing developmentrequirements: 1.Theproposedelectricsubstationorswitchstationshallsubstantiallycomply withallofthedevelopmentandregulatorystandardsestablishedinSubchapter 24;and 2.Asiteplandemonstratingsubstantialconformancewithalltheapplicable designstandardsidentifiedinSubchapter24shallbesubmitted. ͳ͵ͲͶ .ȁ %«¬ 3³±¤¤³ $¤³®Ǿ 48 ͸ͷͳͱͲ /¥¥¨¢¤Ȁ ͺ͵ͱȁʹ͹ͱȁͺ͵Ͷʹ & ·Ȁ ͺ͵ͱȁʹ͹ͱȁͺ͵ʹͲ ¶¶¶ȁ ¤ȃ¦±¯ȁ¢®¬ 4"0% &¨±¬ ͰȀ ͸͹ͺ͹ February 1, 2019 City of Denton Department of Development Services Development Services Center 215 W Hickory St. Denton, TX 76201 Re: Zoning Request- Denton Bank Parcel ID: R34021- 120 S. Carroll Blvd. City Project #: Z19-0002 AEG #: BMA1901 Project Narrative Project Description/Summary Allison Engineering Group is requesting, on the behalf of the applicant, that the City of Denton revise the zoning of the following described property from Downtown Commercial Neighborhood (DC-N) to Downtown Commercial General (DC-G). The site is located at 120 S. Carroll Blvd. at the northwestern corner of Mulberry Street and Carroll Boulevard. The property is approximately 0.964 acres. The proposed improvements are for a 12,000 square foot Bank building with a drive-through facility. The current zoning, DC-N, allows the bank but does not allow a drive-through facility. The proposed zoning of DC-G allows the bank and a drive-through facility subject to a Specific Use Permit (SUP). A separate application is being submitted for the SUP (S19-0007). Surrounding Property Uses: N: Restaurant- NRMU NE: Single Family Residential lot- NR-3 E: Commercial Lots- DC-G S: Single Family and Duplex Residential lots- DR-2 W: Single Family Residential lots- DR-2 Carroll Boulevard is a Primary Arterial abutting the east side of the property while Mulberry Street is a Collector abutting the south side of the property. Page 1 of 3 P:\\Projects\\BMA1901 - Denton Bank\\City Submittals\\Zoning\\Project Narrative.doc Page 2 of 3 Existing Site Conditions: The existing property consists of a funeral home with parking spaces abutting the two roads. The current accesses to the building are through the three driveways; one on Carroll Boulevard and two on Mulberry Street. Existing infrastructure includes: Public water 6 on south side of the property on Mulberry Street. Sanitary Sewer 15 on south side of the property on Mulberry Street and Solid waste City of Denton. Electric service City of Denton. Drainage- drainage channel on the north side of the property. Proposed Site Conditions: The proposed use is a banking facility with drive-through. Banking (Professional Services and Offices) are allowed on the current zoning DC-N but a drive-through is not allowed with this. To accommodate for a drive-through, we are requesting a revised zoning of the subject property to a DC-G. DC-G will allow drive-throughs with a SUP (S19-0007). Proposed Land Zoning and Uses: The proposed zoning is DC-G. The applicant proposes to develop the lot into a bank with a drive-through facility. Proposed Infrastructure and Utilities: Public water access existing 6the south side of the property on Mulberry Street. Sanitary sewer access 15of the subject property on Boulevard. Solid waste City of Denton. Electric service City of Denton. No additional access is proposed to this development No Detention is proposed. Drainage will be into the existing drainage channel to the north of the subject property. Proposed Shared Use: There are no proposed shared uses. Page 3 of 3 Closing: We are glad to discuss any questions and concerns which the Department of Planning Services may have. And we are glad to get the opportunity to pursue the rezoning of this site to DC-G. Respectfully Submitted, Allison Engineering Group Lee K. Allison, P.E., FNSPE Z19-0002 Notification Map HICKORY SYCAMORE 075150300 Feet SITE µ Parcels Roads Date: 2/11/2019 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. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S19-0007b,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,approvingaspecific usepermittoallowadrive-throughfacilityinassociationwithabankonapropertygenerallylocatedina DowntownCommercialGeneral(DC-G)zoningdistrictanduseclassificationonapproximately0.964acresof landgenerallylocatedatthenorthwestcorneroftheintersectionofW.MulberryStreetandS.Carroll Boulevard,intheCityofDenton,DentonCounty,Texas;adoptinganamendmenttothecity’sofficialzoning map;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingfor severability;andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendsapproval with conditions (7-0). (S19-0007, Denton Bank, Cindy Jackson) City of DentonPage 1 of 1Printed on 5/31/2019 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: June 4, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a specific use permit to allow a drive-through facility in association with a bank on a property generally located in a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres of land generally located at the northwest corner of the intersection of W. Mulberry Street and S. Carroll Boulev official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval with conditions (7-0). (S19-0007, Denton Bank, Cindy Jackson) BACKGROUND The request is for a Specific Use Permit to allow a drive-through use on approximately a 0.964 acre property located at the northwest corner of the intersection of West Mulberry Street and South Carroll Boulevard. A separate application to rezone the site from Downtown Commercial Neighborhood (DC-N) zoning district to a Downtown Commercial General (DC-G) zoning district (Z19- the rezoning request be approved and the site is rezoned to DC-G, a specific use permit will be required for the proposed drive-through. The applicant is proposing to redevelop the subject site with a 12,000 square foot, two-story bank building with two drive-through ITM lanes. The site is currently developed with a 13,000 square foot building for Denton Funeral Home & Cremation Services, which has been located on this site since 1970 per DCAD records. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny 4. Postpone Consideration 5. Table item. RECOMMENDATION The Planning and Zoning Commission recommend approval of this request with the following conditions: Staff shall have the ability to increase/decrease amounts provided in items 2-6 below: 1. The existing 13,000 square foot funeral home shall be demolished. 2. The approved use of the site shall be a 12,000 square foot, two-story bank with a drive-through facility consisting of a maximum of two lanes. The building square footage may be reduced beyond 5%. 3. A total of 33 parking spaces in accordance with the DDC. 4. A maximum lot coverage of 80% and 20% landscape area in accordance with the DDC. The lot coverage may be reduced beyond 5% and landscape area increased by any amount. 5. 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 6. Notwithstanding the limited administrative approvals authorized in condition 2 and 4, 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 condition 2 and 4. 7. Large shade trees shall be planted per the site design criteria manual in the buffer area located along the western property line. 8. A perimeter fence shall be placed in the buffer area along the western property line. PRIOR ACTION/REVIEW (Council, Boards, Commissions) In 2002, the zoning of this site was changed from General Retail (GR) to Downtown Commercial Neighborhood (DC-N) in the citywide rezoning. May 1, 2019, Planning and Zoning Commission recommended approval of Z19-0002 to rezone the site from DC-N to DC-G. May 1, 2019, Planning and Zoning Commission recommended approval of S19-0007 for a drive- through facility in association with a bank with conditions. DEVELOPER ENGAGEMENT No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this project. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Site Location Map 4. Zoning Map 5. Future Land Use Map 6. Site Plan 7. Landscape Plan 8. Applicant Project Narrative 9. Notification Map 10. Planning and Zoning Commission Meeting Minutes 11. Draft Ordinance Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Cindy Jackson, AICP Senior Planning Planning and Zoning Commission Meeting Minutes C. Hold a public hearing and consider making a recommendation to City Council regarding a request by Allison Engineering Group representing JNL Texas Holdings to rezone a 0.964 acre site from Downtown Commercial Neighborhood (DC-N) zoning district to a Downtown Commercial General (DC-G) zoning district. The subject property is located at 120 S. Carroll Blvd., in the City of Denton, Denton County, Texas. (Z19-0002, Denton Bank, Cindy Jackson) D. Hold a public hearing and consider making a recommendation to City Council regarding a request by Allison Engineering Group representing JNL Texas Holdings for a Specific Use Permit to allow a drive-through facility in association with a bank. The subject property is located at 120 S. Carroll Blvd., in the City of Denton, Denton County, Texas. S19-0007, Denton Bank, Cindy Jackson) Chair Rozell opened Public Hearing items 4C and 4D. Cindy Jackson, Senior Planner, presented Public Hearing item 4C and 4D. Jackson stated the request is to rezone from Downtown Commercial Neighborhood (DC-N) to Downtown Commercial General (DC-G). Jackson stated staff does recommend approval of the request for Public Hearing item 4C, as it is consistent with the goals and objectives of the Denton Plan 2030 and complies with Zoning Criteria for approval. Jackson stated the request for Public Hearing item 4D is for a drive-through facility in association with a bank. Jackson stated staff recommends approval of the request with the following conditions: 1. 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. 2. Notwithstanding the limited administrative approvals authorized in condition 1, 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 condition The following individuals spoke during the Public Hearing: Lee Allison, 2415 N Elm Street, Denton, Texas 76201. Supports the request. Marty Rivers 120 Industrial Street, Denton, Texas 76201. Supports the request. Commissioner Ellis questioned if there is an expected timeframe when construction should start. Allison stated the hope is next fall if not sooner, but there is a major drainage analysis that has to be done along with site civil and architectural plans. Commissioner Beck stated the fact that the drive-through is next to the neighborhood, he would encourage a fence or a wall to add more privacy between the two. Allison stated there is no issue with adding a fence or a wall. Planning and Zoning Commission Meeting Minutes Commissioner Pruneda questioned what the lighting requirements would be for the abutting neighborhood. Allison stated in accordance with city codes the applicant is limited to a one half candle power at the property line and with the buffers and trees along the west side that should help stop some of the light. Rivers stated since the bank is not a six lane drive-through there is no need for all the lights. Rivers continued to state lights would have to be under the canopy for the two Interactive Teller Machines (ITM). Chair Rozell requested staff to clarify since the recommendation the 2002 Denton Development Code (DDC) the 2002 DDC would control the Specific Use Permit (SUP). Jackson stated that is correct. Chair Rozell requested Allison to pinpoint the disagreement staff and the applicant are having with the recommendations and conditions. Allison stated his feedback regarding the conditions. Jackson stated she was missing the staff requirements. Jackson read into the record the following: The attached site plan, and landscape plan provided in Exhibits 6 and 7 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 existing 13,000 square foot funeral home shall be demolished. 2. The approved use of the site shall be a 12,000 square foot, two-story bank with a drive-through facility consisting of one drive-up ATM lane and one drive-up teller/ATM lane. 3. A total of 33 parking spaces, with the additional space being of pervious paving material, shall be provided on the site. Any additional parking spaces shall be of pervious paving material. 4. The site plan specifies a total of 71% lot coverage and 29% l -foot wide buffer. 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. Chair Rozell questioned if the recommendations should be numbered one through six, instead of one through four then one and two. Jackson stated yes it should be renumbered one through six. Commissioner Smith questioned why the recommendations were set to be so restrictive. Jackson stated has used previously. Commissioner Smith questioned Jerry Drake, First Assistant Attorney, in the past, as restrictive to what has been presented and not allowing the applicant any wiggle room. Drake stated he is unable to respond to why, but there are a couple of things involved. Drake stated he wished he would have been confronted with the issue on how to interrupt this case before tonight. Drake continued to state the SUP regarding McDonalds drive-through did go before City Council a couple of times at which time, City Council wanted to see more detail and with the direction received legal staff worked with planning staff to come up with specific language that would clarify the expectations. Planning and Zoning Commission Meeting Minutes Richard Cannone, Deputy Director of Development Services, stated the reason for the specificity is City Council wanted to ensure what was being presented was what was going to be built. Chair Rozell called a recess at 7:46 p.m. Chair reconvened the Regular Meeting at 8:12 p.m. Chair Rozell requested Cannone to provide the revised recommendations. Cannone provided the modified staff recommendations for Public Hearing item 4D: Staff shall have the ability to increase/decrease amounts by 5%. 1. The existing 13,000 square foot funeral home shall be demolished. 2. The approved use of the site shall be a 12,000 square foot, two-story bank with a drive-through facility consisting of a maximum of two lanes. The building square footage may be reduced beyond 5%. 3. A total of 33 parking spaces in accordance with the DDC. 4. A maximum lot coverage of 80% and 20% landscape area. The lot coverage may be reduced beyond 5% and landscape area increased by any amount. Staff recommends approval of the SUP with the following conditions: 5. 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. 6. Notwithstanding the limited administrative approvals authorized in condition 2 and 4, 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 condition 2 and 4. 7. Large trees shall be planted along the western property line. 8. A perimeter fence shall be placed along the perimeter of the site, adjacent to the single family uses. Chair Rozell questioned if city staff and the applicant are in agreement of the revised recommendations. Cannone stated yes both parties are in agreement. Commissioner Beck stated he would like to require a privacy fence between the site and the abutting neighborhood. Cannone stated staff can add the requirement to the condition and the applicant does not have a problem with the added condition. Commissioner Ellis questioned if Mr. Allison is still in agreement to planting higher trees on the side abutting the neighborhood. Allison stated yes they can require for the buffer trees on the west side to be larger. Chair Rozell closed both Public Hearing items 4C and 4D. Commissioner Tim Smith motioned, Commissioner Jason Cole seconded to approve Public Hearing item 4C. Motion approved (7-0). Commissioner Alfred Sanchez "aye", Commissioner Larry Beck "aye", Commissioner Jason Cole "aye", Chair Andrew Rozell "aye", Commissioner Mat Pruneda "aye", Commissioner Margie Ellis "aye", and Commissioner Tim Smith "aye". Commissioner Tim Smith motioned, Commissioner Jason Cole seconded to approve Public Hearing item 4D with the revised condtions: Staff shall have the ability to increase/decrease Planning and Zoning Commission Meeting Minutes amounts by 5%. 1. The existing 13,000 square foot funeral home shall be demolished. 2. The approved use of the site shall be a 12,000 square foot, two-story bank with a drive-through facility consisting of a maximum of two lanes. The building square footage may be reduced beyond 5%. 3. A total of 33 parking spaces in accordance with the DDC. 4. A maximum lot coverage of 80% and 20% landscape area. The lot coverage may be reduced beyond 5% and landscape area increased by any amount. Staff recommends approval of the SUP with the following conditions: 5. 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. 6. Notwithstanding the limited administrative approvals authorized in condition 2 and 4, 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 condition 2 and 4. 7. Large trees shall be planted along the western property line. 8. A perimeter fence shall be placed along the perimeter of the site, adjacent to the single family uses, as wells the condition requiring a privacy fence and the buffer trees on the west side to be larger. 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". S:\\Legal\\Our Documents\\Ordinances\\19\\S19-0007.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING ASPECIFIC USE PERMIT TO ALLOW A DRIVE-THROUGH FACILITY IN ASSOCIATION WITH A BANK GENERAL (DC-G) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 0.964 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF W. MULBERRY STREET AND S. CARROLL BOULEVARD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; IAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (S19-0007) WHEREAS, Allison Engineering Group representing JNL Texas Holdings, has applied for a specific use permit to allow a drive-through facility in association with a bank on property located within a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres of land legally described in Exhibit , and depicted on Exhibit B; and WHEREAS, on May 1, 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 holding full and fair hearings to all property owners interested in this regard, recommended approval \[7-0\] of the Specific Use Permit with conditions of approval; and WHEREAS, on June 4, 2019, the City Councillikewise conducted a public hearing as required by law, and finds that the Specific Use Permit 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 Specific Use Permit for a Drive-Through in association with a bank, 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 Specific Use Permit 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.A Specific Use Permit to allow a drive-through in association with a bank on the Property is hereby approved and subject to the following conditions, which Staff may modify by up to ± 5%, except as provided: 1.The existing 13,000 square foot funeral home shall be demolished. 2.The approved use of the site shall be a 12,000 square foot, two-story bank with a drive- through facility consisting of a maximum of two lanes. The building square footage may be reduced beyond 5%. 3.A total of 33 parking spaces shall be provided in accordance with the DDC. 4.A maximum lot coverage of 80% and 20% landscape area. The lot coverage may be reduced beyond 5%, and landscape area increased by any amount. 5.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. 6.Notwithstanding the limited administrative approvals authorized in conditions 2 and 4, 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 2 and 4. 7.Large trees shall be planted along the western property line. 8.A perimeter fence shall be placed along the perimeter of the site, adjacent to the single family uses. SECTION 3.The Specific Use Permit site plan attached hereto and incorporated herein . 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: ________________________ Jesse Davis, 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 Exhibit B Site Location EXHIBIT B Exhibit C Approved Site Plan and Landscape Plan EXHIBIT C PlanLandscapeandPlanSite CExhibit Planning Report S19-0007/ Denton Bank City Council District #3 June 4, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, approving a specific use permit to allow a drive-through facility in association with a bank on a property generally located in a Downtown Commercial General (DC-G) zoning district and use classification on approximately 0.964 acres of land generally located at the northwest corner of the intersection of W. Mulberry Street and S. Carroll Boulevard, in the City of Denton, Denton County, Texas; adopting an amendment to t maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval with conditions (7-0). (S19-0007, Denton Bank, Cindy Jackson) OWNER: JNL Texas Holdings APPLICANT: Allison Engineering Group BACKGROUND: The request is for a Specific Use Permit (SUP) to allow a drive-through use on approximately a 0.964 acre property located at the northwest corner of the intersection of West Mulberry Street and South Carroll Boulevard. A separate application to rezone the site from Downtown Commercial Neighborhood (DC-N) zoning district to a Downtown Commercial General (DC-G) zoning district (Z19-the rezoning request be approved and the site is rezoned to DC-G, a specific use permit will be required for the proposed drive-through. The site is currently developed with a 13,000 square foot building for Denton Funeral Home & Cremation Services. The applicant is proposing to redevelop the subject site with a 12,000 square foot, two-story bank building with two drive-through ITM lanes. The bank is permitted by right in the NRMU district with limitation L(17) which limits the gross floor area to 25,000 square feet. The drive-through requires approval of a SUP. SITE DATA: The property has approximately 228 feet of frontage along West Mulberry Street and approximately 181 feet of frontage along South Carroll Boulevard. Carroll Boulevard is classified as a Primary Arterial and Mulberry Street is classified as a Collector Street on the City of Denton Mobility Plan. Primary uses in the surrounding area include commercial, institutional, single family residential and multifamily residential. SURROUNDING ZONING AND LAND USES: North: Northeast: Northwest: Zoning: NRMU & NR-3 Zoning: DC-G Zoning: NR-3 Use: Restaurant and Single Use: Denton County Use: Single Family Residence Family Residence Courthouse East: West: Zoning: DC-G Zoning: DR-2 SUBJECT PROPERTY Use: Denton County Use: Single Family Residence Courthouse South: Southeast: Southwest: Zoning: DR-2 Zoning: DC-G Zoning: DR-2 Use: Single Family and Use: Denton County Use: Multifamily Residences Multifamily Residences Historical Park 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 intends to be in conformance with the requirements of the DDC in terms of commercial site design, parking, and landscaping. Per the Denton Plan 2030, the Future Land Use designation of the subject property is both Downtown Denton and Neighborhood/University Compatiblity Area. Downtown Dentonmoderate and high density residential, commercial, office, entertainment, and other uses tailored to encourage a greater . The purpose of the compatible form and land uses for the areas that serve both the established neighborhoods and the universities 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 existing land use pattern in this area of the city is a mixture of commercial, institutional and both single- and multi-family residential. Auto-oriented uses such as fast food restaurants with drive-through facilities are typical in locations such along a major arterial roadway. The proposed use is not likely to generate offensive odors, fumes, dust, noise, or vibrations that would adversely affect neighboring properties. Lighting for the site will be required to comply with the site lighting requirements in DDC Section 35.13.12. The Conceptual Site Plan indicates the provision of adequate on-site parking as well as adequate stacking spaces for the drive-through. The drive-through is located to the side and rear of the property and is required to be architecturally compatible with the main building. The plans also indicate compliance with requirements for parking lot landscaping, and right-of-way screenings are met. A Type C buffer comprised of at least 6 trees and 25 shrubs per 100 linear feet is required between the commercial use and the adjoining single family use. c. That adequate capacity of infrastructure can and will be provided to and through the subject property. Access is already provided to the site by means of driveways along both West Mulberry and South Carroll. Water and sewer utilities have previously been provided to the site and are available for use when the site redevelops. 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 drive-through use is consistent with the mixture of commercial uses along South Carroll Boulevard in this area. As was previously indicated, the development is also compatible with the Future Land Use designations of Downtown Denton and Neighborhood/University Compatiblity Area. The applicant is proposing a two story building. The proposed scale of development in terms of lot coverage, floor-area-ratio (FAR), and building height will comply with the requirements for the DC-G District. The DC-G District permits a maximum lot coverage of 85% and building heights of up to 100 feet. RECOMMENDATION: The attached site plan, and landscape plan provided in Exhibits 6 and 7 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 existing 13,000 square foot funeral home shall be demolished. 2. The approved use of the site shall be a 12,000 square foot, two-story bank with a drive- through facility consisting of a maximum of two lanes. The building square footage may be reduced beyond 5%. 3. A total of 33 parking spaces in accordance with the DDC. 4. A maximum lot coverage of 80% and 20% landscape area in accordance with the DDC. The lot coverage may be reduced beyond 5% and landscape area increased by any amount. 5. 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 6. Notwithstanding the limited administrative approvals authorized in condition 2 and 4, 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 condition 2 and 4. 7. Large shade trees shall be planted per the site design criteria manual in the buffer area located along the western property line. 8. A perimeter fence shall be placed in the buffer area along the western property line. PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 17 notices were sent to property owners within 200 feet of the subject property, 88 courtesy notices were sent to physical addresses within 500 feet of the subject property, a notice was published in the Denton Record Chronicle, and signs were placed on the property. As of May 14, 2019, no responses opposed to the request have been received from property owners of the land located within 200 feet of the site. A neighborhood meeting was held for this request to which there was one resident in attendance. S19-0007 Site Location HICKORY SYCAMORE 075150300 Feet SITE µ Parcels Roads Date: 2/11/2019 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. S19-0007 Zoning Map MF-1 NR-3 NRMU HICKORY DC-G DC-N SYCAMORE DR-2 DR-1 075150300 Feet SITEDC-GMF-1 µ DC-NNR-3 Parcels DR-1NRMU Roads DR-2 Date: 2/11/2019 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. S19-0007 Future Land Use Map Low Residential PARKWAY HAYNES PECAN WALNUT Downtown Denton SYCAMORE Neighborhood / University Compatibility Area Government / Institutional Downtown Compatibility Area 0125250500 Feet SITEDowntown Compatibility Area Future Land Use Neighborhood / University Compatibility Area Low Residential µ Parcels Government / Institutional Downtown Denton Roads Date: 2/11/2019 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. 2415 N Elm St Denton, TX 76201 Office: 940.380.9453 www.ae-grp.com TBPE Firm #: 7898 February 1, 2019 City of Denton Planning Department City Hall West 215 W. Hickory St. Denton, TX 76209 Re: Specific Use Permit Denton Bank Parcel ID: R34021- 120 S. Carroll Blvd. City Project #: S19-0007 AEG #: BMA1901 Project Narrative Project Description/Summary and Site History Allison Engineering Group is requesting, on the behalf of the applicant, an SUP for a drive-through facility for a bank development on the described property located at 120 S. Carroll Blvd. The property is approximately 0.964 acres. A separate application is being submitted for a zoning revision (Z19-0002) of the subject property from a Downtown Commercial Neighborhood (DC-N) to Downtown Commercial General (DC-G). Both zonings allow for a banking use, but a drive-through facility is only allowed on DC-G through a Specific Use Permit. The proposed improvements are for a 12,000 square foot Bank building with a drive-through facility. These types of developments are very common to the area and the surrounding properties. Drive- through services are common features of banks and other multi-use commercial developments. Project Narrative Guideline 1. 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. Banking facilities are permitted with the Downtown Commercial General, DC-G, zoning. SUP is required for a drive-through facility within this zoning. 0 ¦¤ Ͳ ®¥ Ͷ 0 ¦¤ ͳ ®¥ Ͷ 2. A specific use permit shall be issued only if all of the following conditions have been met: a. 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; The surrounding properties are zoned DC-G, DR-2, NRMU and NR-3. These properties have mixed uses. The lot immediately north of the subject property serves a restaurant use. Other adjacent lots are duplexes, single families and commercial uses. The specific use of a drive-through will be compatible with the uses of these surrounding properties and should not diminish their value. b. That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The surrounding area is fully developed. Redevelopment should not be a concern. It would be reasonable to presume that efforts to upgrade any establishment would serve to sustain the integrity of surrounding properties. c. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; A drive-through service will not require additional water and sanitary sewer utilities. Access roads are to be developed with the banking facility. There is no major drainage required by this SUP of a drive-through. d. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The proposed drive-through will not have any effect on the vehicular circulation of the site. All parking spaces will be contained within the site and pedestrian access will stay intact. e. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The exposure to nuisances will not increase above what is normal for an DC-G area use. The resulting development is a bank with a drive-though. These types of facilities are rarely the cause of noise pollution. f. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and There are not any special lightings proposed for the drive-through. All exterior lighting will be in conformance to the city codes and addressed with the building permit. g. That there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property. Landscaping and screening will be provided per the DDC Section 13. Approximately 24% of the lot will be covered with landscape, which is significantly greater than the minimum required 15% landscape coverage for a DC-G zoning. The adjacent properties to the northeast and east are single families and neighborhood districts that would require a Type C buffer of 15-foot planted strips with a combination of six evergreen and deciduous trees and twenty-five shrubs per 100 feet. An opaque fence can be proposed if required. Hence, the drive-through should be completely screened from neighboring lots. 0 ¦¤ ʹ ®¥ Ͷ 3. That adequate capacity of infrastructure can and will be provided to and through the subject property. The existing infrastructure appears sufficient to accommodate the proposed development. This will be considered in further detail as plans are prepared. Improvements, if necessary, will be provided as part of the building process. 4. That the Special Use is compatible with and will not have an adverse impact on the surrounding area. The proposed improvement is very similar to other improvements made in the downtown commercial area. Drive-through facilities are common features of the mixed-use downtown developments. 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: a. Similarity in scale, bulk, and coverage. There is no major change in the scale and coverage that a drive-through addition will bring to the surrounding area. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. The proposed drive-through will not generate traffic that is out of the ordinary. c. Architectural compatibility with the impact area. The proposed drive-through will be designed to meet the architectural requirements of the city. d. Air quality, including the generation of dust, odors, or other environmental pollutants. The proposed improvement does not support activities that would increase such pollutants. e. Generation of noise, light, and glare. The proposed drive-through does not support activities that would increase noise, light, and glare. f. The development of adjacent properties as envisioned in The Denton Plan. The Denton Plan envisions this area as an existing development that has been completely developed. The proposed improvement will not affect any future developments of adjacent properties. g. Other factors found to be relevant to satisfy the requirements of this Chapter. All requirements of this Chapter appear to be satisfied. 0 ¦¤ ͵ ®¥ Ͷ Surrounding Property Uses: N: Restaurant- NRMU NE: Single Family Residential lot- NR-3 E: Commercial Lots- DC-G S: Single Family and Duplex Residential lots- DR-2 W: Single Family Residential lots- DR-2 Carroll Boulevard is a Primary Arterial abutting the east side of the property while Mulberry Street is a Collector abutting the south side of the property. E xisting Site Conditions: The existing property consists of a funeral home with parking spaces abutting the two roads. The current accesses to the building are through the three driveways; one on Carroll Boulevard and two on Mulberry Street. Existing infrastructure includes: Public water 6 water main on south side of the property on Mulberry Street. Sanitary Sewer sanitary sewer on south side of the property on Mulberry Street and an on the east side on Carroll Boulevard Solid waste City of Denton. Electric service City of Denton. Drainage- drainage channel on the north side of the property. Proposed Site Conditions: Proposed Land Uses: The proposed zoning is a banking facility with drive-through service. An approved SUP allows for a drive-through in this zoning. Proposed Infrastructure and Utilities: Public water access existing 6 water main on the south side of the property on Mulberry Street. Sanitary sewer access sanitary sewer on south side of the subject property on Mulberry street or the sanitary sewer on the east side of the property on Carroll Boulevard. Solid waste City of Denton. Electric service City of Denton. No additional access is proposed to this development No Detention is proposed. Drainage will be into the existing drainage channel to the north of the subject property. Proposed Open Space, Recreation and Preservation Area: The proposed site will be designed to have similar open-space features as the existing site. There are no recreational areas within the site that are specific to the proposed drive-through. 0 ¦¤ Ͷ ®¥ Ͷ Proposed Mitigation Measures for Nuisance Abatement: We are of the opinion that this drive-through addition does not pose any nuisance conditions that require abatement. The facility will be constructed in conformance with the Denton Development Code. Respectfully Submitted, Allison Engineering Group Lee Allison, P.E. S19-0007 Notification Map HICKORY SYCAMORE 075150300 Feet SITE µ Parcels Roads Date: 2/11/2019 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. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCA18-0007e,Version:1 AGENDA CAPTION Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the 2002 Denton Development Code as currently amended: to add Subchapter 35.25 The Denton Square District; to add Section 35.25.2.1.2.A, Design Standards Review Procedures, listing a new type of planning procedure; to add Table 35.25.2.10-A: Summary of Development Review Procedures, illustrating a new type of planning procedure; to add Section 35.25.2.10 Design Standards Review Procedures, establishing procedures for processing an application for a Certificate of Design Consistency; to add Section 35.25.4.10 the Denton Square District, establishing a design district and providing for design standards for new construction and certain repairs and renovations in the Denton Square area; providing an appeals process; providing that this ordinance shall be cumulative; providing for severability; providing a penalty clause in the maximum amount of $2,000.00 for violations thereof; providing a savings clause; providing a repealer clause; providing for publication in the official newspaper; and establishing an effective date. (DCA18-0007e, The Denton Square District, Sean Jacobson). City of DentonPage 1 of 1Printed on 5/31/2019 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: June 4, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending the 2002 Denton Development Code as currently amended: to add Subchapter 35.25 The Denton Square District; to add Section 35.25.2.1.2.A, Design Standards Review Procedures, listing a new type of planning procedure; to add Table 35.25.2.10-A: Summary of Development Review Procedures, illustrating a new type of planning procedure; to add Section 35.25.2.10 Design Standards Review Procedures, establishing procedures for processing an application for a Certificate of Design Consistency; to add Section 35.25.4.10 the Denton Square District, establishing a design district and providing for design standards for new construction and certain repairs and renovations in the Denton Square area; providing an appeals process; providing that this ordinance shall be cumulative; providing for severability; providing a penalty clause in the maximum amount of $2,000.00 for violations thereof; providing a savings clause; providing a repealer clause; providing for publication in the official newspaper; and establishing an effective date. (DCA18-0007e, The Denton Square District, Sean Jacobson). BACKGROUND The fire and resulting demolition of the Downtown Mini Mall highlighted the fact that very few design standards exist for those properties on the Square. As a result, the Development Services Department researched six Texas cities which have design standards for their downtown and/or historic downtown areas. Those cities were Fort Worth, McKinney, Waco, Roanoke, Bastrop, and Grapevine. From this research, a draft of proposed standards for The Denton Square District was developed. Recognizing the importance of stakeholder feedback early in the process, Development Services met with four key groups to present the draft standards: Downtown property owners and businesses 2/26/18 Downtown Task Force 3/8/18 Denton Main Street Association 3/21/18 Historic Landmark Commission 4/9/18 All were supportive of the draft standards, while offering useful feedback. The draft standards were revised based on that feedback and were then presented, along with an at the following work sessions: Planning and Zoning Commission 5/9/18 City Council 6/4/18 Both bodies provided beneficial feedback and guidance. The direction of City Council was to move forward, gather additional feedback from the community, and return with a revised draft. Based on that feedback, the standards were revised again, the expanded to provide improved procedures, and a new Certificate of Design Appropriateness was created for the proposed Denton Square District. Presentations were again made to a range of citizen stakeholder groups, including: Denton Noon Kiwanis 10/6/18 Denton Main Street Association 10/15/18 Downtown Task Force and Downtown property and business owners 11/26/18 Responses from these groups have been primarily favorable and they have requested staff move forward with only minor revisions. On March 5, 2019 the revised versions were presented to City Council at a work session, and staff received detailed feedback on specific aspects of the Standards. Staff was directed to do further research, to hold a public forum, and to return to Council for discussion of proposed changes. On March 25, 2019, a public forum was held at the Development Services building. 30 citizens attended, including Denton Square business and property owners and residents, as well as generally interested citizens from across the city. They were supportive of The Denton Square District and the Standards and Guidelines, and provided feedback which particularly focused on murals, painting unpainted brick, historic preservation, and building heights. A summary of this feedback is attached as Exhibit 6. On March 26, 2019, City Council held a work session to discuss the results of the public forum the Standards and Procedures. proposed changes, recommended some additional changes, and directed staff to prepare an ordinance incorporating those changes and to bring it to Planning and Zoning Commission and City Council for consideration for approval. OPTIONS 1. Recommend approval as submitted. 2. Recommend approval subject to conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. RECOMMENDATION Planning and Zoning Commission recommends approval of the proposed text amendments to the Denton Development Code (2002) to add Subchapter 35.25 Denton Square District, and to the recently revised Denton Development Code (2019) Subchapter 2, Administration and Procedures, and Subchapter 4, Overlay and Historic Districts, and recommends approval of the Denton Square Design Guidelines. PRIOR ACTION/REVIEW (Council, Boards, Commissions) Downtown Task Force on March 8, 2018 Informal Resolution of Support Historic Landmark Commission on April 9, 2018 Informal Resolution of Support Main Street Association on May 21, 2018 Informal Resolution of Support Planning and Zoning Commission on May 9, 2018 Reviewed draft Design Standards City Council on June 4, 2018 -- Reviewed draft Design Standards Main Street Association on October 15, 2018 Reviewed District and second draft of Design Standards Downtown Task Force and Downtown business owners on November 26, 2018 Reviewed District and second draft of Design Standards City Council on March 5, 2019 City Council on March 26, 2019 Reviewed and approved proposed revisions to draft Design Standards Planning and Zoning Commission on May 29, 2019 Recommended approval (6-0) of the Denton Square District, Design Standards, and Design Guidelines. DEVELOPER ENGAGEMENT 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 Presentation 3. Standards and Guidelines for the Denton Square District 4. Understanding the District 5. Draft Ordinance 6. Public Forum Feedback Notes 7. Public Notification Response Map Respectfully submitted: Scott McDonald Director of Development Services Prepared by: Sean Jacobson Assistant Planner S:\\Legal\\Our Documents\\Ordinances\\19\\DCA18-0007e Square Design Standards.docx ORDINANCE NO. __________________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE 2002 DENTON DEVELOPMENT CODE AS CURRENTLY AMENDED: TO ADD SUBCHAPTER 35.25 THE DENTON SQUARE DISTRICT; TO ADD SECTION 35.25.2.1.2.A, DESIGN STANDARDS REVIEW PROCEDURES, LISTING A NEW TYPE OF PLANNING PROCEDURE; TO ADD TABLE 35.25.2.10-A: SUMMARY OF DEVELOPMENT REVIEW PROCEDURES, ILLUSTRATING A NEW TYPE OF PLANNING PROCEDURE; TO ADD SECTION 35.25.2.10 DESIGN STANDARDS REVIEW PROCEDURES, ESTABLISHING PROCEDURES FOR PROCESSING AN APPLICATION FOR A CERTIFICATE OF DESIGN CONSISTENCY; TO ADD SECTION 35.25.4.10 THE DENTON SQUARE DISTRICT, ESTABLISHING A DESIGN DISTRICT AND PROVIDING FOR DESIGN STANDARDS FOR NEW CONSTRUCTION AND CERTAIN REPAIRS AND RENOVATIONS IN THE DENTON SQUARE AREA; PROVIDING AN APPEALS PROCESS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING A PENALTY CLAUSE IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND ESTABLISHING AN EFFECTIVE DATE. (DCA18-0007e) WHEREAS, pursuant to Ordinance No. (2002-040), the City Council of the City of WHEREAS, the Denton Square area, generally bounded by Cedar Street, Pecan Street, Austin Street, and Walnut Street, has been successful in recent years in attracting thousands of people downtown to live, work, play, and shop; and WHEREAS, the success of the Denton Square is in large part attributable to the authentic, small-town character of the Denton Square that has been preserved or restored in many historic buildings and has been maintained through the addition of compatible new buildings; and WHEREAS, the Denton Square is listed on the National Register of Historic Places, and contains a number of locally landmarked historic buildings, but lacks a locally-enforceable means to preserve and maintain the valuable historical character of the built environment in the Denton Square generally; and WHEREAS, the City of Denton is a certified local government under the National Historic Preservation Act (54 U.S.C. § 300101 et seq.); and WHEREAS, the City of Denton has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission; and WHEREAS the City of Denton recognizes the Denton Square as important for its historical, cultural, and architectural importance and significance so that the City may regulate the construction, reconstruction, alteration, or razing of buildings and other structures under Section 211.003(b) of the Texas Local Government Code; and WHEREAS, it is recognized that the City of Denton should continue to encourage development, restoration, and preservation in the Denton Square; and preserve historic resources, which is legally described in Exhibit A to this Ordinance, which is incorporated by reference herein (The Square); and WHEREAS, the City of Denton desires to establish design standards for new construction, certain exterior renovations, and demolition of property in the Denton Square District; and WHEREAS, the Denton Square Design Standards are locally-enforceable standards designed to encourage pedestrian-friendly spaces, maintain the urban building edge, encourage street-level activity, support existing local businesses, preserve historic buildings and building features, and encourage design creativity within a framework of consistent building character; and WHEREAS, the City has found it desirable to establish The Denton Square District The , to adopt the Denton Square Design Standards, to require approval of a Certificate of Design Consistency for all new construction, demolition, and certain exterior renovations of property in The Square, to provide a process for approval of Certificates of Design Consistency for exterior alterations to property within the District by staff or by City Council, and to provide a process for appeal of staff decisions regarding Certificates of Design Consistency to the City Council; and WHEREAS, the ordinance creating the Denton Square District and Denton Square Design Standards was originally designed and numbered for inclusion into specific subchapters of the 2019 Denton Development Code effective date of October 1, 2019, but it was determined that the District and Standards are of immediate value and should go into effect as soon as possible, the ordinance was redesigned to codify the District and Standards as part of a new subchapter 25 of the 2002 DDC, while retaining the section numbering that will allow for smooth transition into the 2019 DDC on October 1, 2019; and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication, and have held due hearings and have recommended approval \[6-0\] of the amendments to the DDC; and WHEREAS, on June 4, 2019, the City Council conducted a public hearing in accordance with local and state law and the City Council hereby finds that the subject amendments to Subchapter 2 and to Subchapter 4 and federal, state, and local law, and are in the best interests of the citizens of the City of Denton; 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. PAGE 2 SECTION 2. Section 35.25.2.1.2.A of the Denton Development Code is hereby created to read as follows: 35.25.2.1.2 Organization of this Subchapter A. Section 35.25.2.10, Design Standards Review Procedures, describes the procedures for various applications related to properties in design overlay districts. SECTION 3. Table 35.25.2.10-A of the Denton Development Code, Summary Table of Review Procedures, is hereby created as depicted below: Table 35.25.2.10-A: Summary of Development Review Procedures R = Review/recommendation D = Decision A = Appeal \[R/D/A\] = Public hearing required <R/D/A> = Public meeting required = Recommended = Required Review and Decision-Making Bodies Public Notice DDC Devt. Zoning Procedure Refer Pre-Application P&Z City Advisory Director Board of ence Conference Commission Council Committee Adjustment DEVELOPMENT PERMITS AND PROCEDURES DESIGN STANDARDS REVIEW PROCEDURES Certificate of Design 2.10.1 A D Consistency - Administrative Certificate of Consistency 2.10.1 R \[D\] Design Standards Review City Council SECTION 4. Section 35.25.2.10 of the 2002 Denton Development Code, Design Standards Review Procedures is created to read as follows: 35.25.2.10 Design Standards Review Procedures. 35.25.2.10.1 Certificate of Design Consistency Procedure. A. Purpose. PAGE 3 The Certificate of Design Consistency procedure provides a mechanism for the city to evaluate a proposed development or redevelopment projects within a design overlay district in order to ensure that such project meets the standards and/or principles established for that district by this DDC. B. Definitions. The words, terms, and phrases listed in Section 35.25.4.10.3, Definitions, when used in this subsection, shall have the meanings ascribed to them in Section 35.25.4.10.3, except where the context clearly indicates a different meaning. C. Applicability. When an applicant is seeking to undertake one of the actions listed in Section 35.25.4.10.5.A, a Certificate of Design Consistency shall be applied for and be approved prior to the issuance of any Building Permit, although a Certificate of Design Consistency and a Building Permit and other required permit review processes may be conducted simultaneously. A Certificate of Design Consistency shall be required in addition to, and not in lieu of, any required Building Permit. D. Procedure 1. Step 1: Pre-Application Activities a. Pre-Application Conference. A Pre-Application Conference with the Director is recommended before an application is made for a Certificate of Design Consistency. The following information must be provided to the Director for discussion at the pre-application conference: i. Concept Plan ii. Photographs of the site and adjoining properties 2. Step 2: Application Submittal and Processing. a. The Certificate of Design Consistency application shall be submitted and accepted, and may be revised or withdrawn, in accordance with Subsection 2.4.4 of the 2019 Denton Development Code as approved by City Council on April 23, 2019. b. The application must contain all information required for a Certificate of Design Consistency application as detailed in the Application Criteria Manual. No application for a Certificate of Design Consistency shall be accepted for processing unless it is accompanied by the required information. 3. Step 3: Determination of Procedure. Upon receipt of a complete application for a Certificate of Design Consistency, the Director must determine the appropriate review procedure prescribed by sections 35.25.2.10.1.D.3.a-d below. PAGE 4 a. Administrative Review. Applications for Certificates of Design Consistency may be reviewed by the Director if the proposed work meets the following criteria: i. Ordinary maintenance. Ordinary maintenance shall be defined as the process of stabilizing deteriorated or damaged architectural feature (including but not limited to roofing, windows, columns, and siding), and will include any work that does not constitute a change in design, material, or outward appearance, and include in-kind replacement or repair; ii. Minor exterior alteration. Minor exterior alteration shall be defined as the installation of or alteration to awnings, fences, gutters and downspouts; lighting fixtures; and restoration of original architectural features that constitute a change from existing conditions. b. City Council Review. Applications for Certificates of Design Consistency must be reviewed by the City Council in the following cases: i. The proposed work does not meet the criteria for either 35.25.2.10.1.D.3 of this subchapter. ii. The proposed work qualifies ordinary maintenance and/or minor exterior alternations, but, based on the significance of the proposed work or its potential to impact The Denton Square District, the Director has requested that the application be placed on the agenda to be heard by the City Council. iii. The application for a Certificate of Design Consistency for the proposed work has gone through the Administrative Review process and been denied, and that denial has been appealed to the City Council by the applicant. c. Local Historic Landmarks. Exterior alterations to local historic landmarks shall be governed by the procedures outlined in Sections 2.9 and 4.9 of the 2019 Denton Development Code approved by City Council on April 23, 2019, unless otherwise provided for in this ordinance. d. Murals. Murals, as defined in Section 35.25.4.10.4, are subject to City Council review procedures in Section 35.25.4.10.7.D.6. 4. Step 4: Administrative Review and Decision. If the Director determines that a Certificate of Design Consistency application should be reviewed through the Administrative Review process, the following procedure must be used: PAGE 5 a. The Director must review the application in accordance with the approval criteria in paragraph 35.25.2.10.1.D.4.a.i below. Based on this determination, the Director must either approve or deny the Certificate of Design Consistency application. i. Administrative Review Approval Criteria: The Director may approve an application for a Certificate of Design Consistency if: a. The proposed work complies with the standards of the Denton Square District found in Section 35.25.4.10.7, and b. The proposed work is consistent with the Purpose and Intent for the Denton Square District found in Section 35.25.4.10.1. ii. While the Director may encourage compliance with the Design Guidelines for The Denton Square District (see Guidelines), in no case may the Director deny a Certificate of Design Consistency due to non-compliance with the Design Guidelines. b. eny the Certificate of Design Consistency application must be issued to the applicant, and copies must be filed with the Department of Development Services. c. The applicant may appeal an Administrative Review Procedure decision by submitting to the Director a written request for appeal within ten (10) days of the decision. When the written request for appeal is received, the procedure for this type of application moves to Step 5: Scheduling and Noticing of Public Meeting 5. Step 5: Scheduling and Noticing of Public Hearing: a. Application Transmittal. If an application for a Certificate of Design to require review by the City Council, the Director must forward the application to the City Council for review not later than twenty-one (21) days after receipt of a completed application. b. Notice and Public Hearing. The Certificate of Design Consistency application shall be scheduled for a public hearing before the City Council and noticed pursuant to Section 2.4.6 of the Denton Development Code (2019) as adopted by City Council on April 23, 2019. 6. Step 6: City Council Review and Decision. a. The City Council shall review and may approve the application for a Certificate of Design Consistency as submitted, approve the application with conditions, or deny the application, in accordance with the approval PAGE 6 criteria in paragraph 35.25.2.10.1.D.6.a.i and, where applicable, in 35.25.2.10.1.D.6.b. i. City Council Approval Criteria. City Council may approve an application for a Certificate of Design Consistency, not involving demolition of a structure or facade if either of the following criteria are met: a. The proposed work complies with the Design Standards for the Denton Square District found in Section 35.25.4.10.7, and is consistent with the Purpose and Overall Intent of the District as shown in Section 35.25.4.10.1 of this DDC. b. Proposed work achieves, or is an improvement on, the Purpose and Overall Intent of the District found in Section 35.25.4.10.1, but does not conform to one or more specific Design Standards in Section 35.25.4.10.7. b. Demolition Approval Criteria. City Council may approve a Certificate of Design Consistency for a project involving demolition of a building or façade if one of the following two criteria has been met, in addition to the criteria in 35.25.2.10.1.D.6.a.i: i. Proposed work does not involve the demolition of a building or a façade of a building that is a Contributing Building as depicted on the Denton County Courthouse National Register District, and, in the case of a building, proposed work meets the standards in Section 35.25.4.10.7.L. ii. Proposed work does involve the demolition of a building or a façade of a building that is a Contributing Building as depicted on the Courthouse National Register District, and the project complies with the standards in Section 35.25.4.10.7.K.1. c. While the City Council may encourage compliance with the Design Guidelines for The Denton Square District (see Guidelines), in no case may the City Council deny a Certificate of Design Consistency due to non- compliance with the Design Guidelines. d. e Certificate of Design Consistency application must be issued to the applicant, and copies must be filed with the Department of Development Services. 7. Step 7: Post-Decision Actions and Limitations. Provisions of Section 2.4.8 of the 2019 Denton Development Code as adopted by City Council on April 23, 2019 PAGE 7 shall apply to the Certificate of Design Consistency Process, with the following modifications: a. Effect of Approval: If the Director or City Council has approved a Certificate of Design Consistency, the following actions must be taken: i. Upon filing of the documentation of approval with the Department of Development Services, the Director shall issue the Certificate of Design Consistency to the applicant for the proposed work. ii. If all other requirements of the City and Development Codes are met and a Building Permit is required for the proposed work, the Building Official shall issue a Building Permit to the applicant for the proposed work. b. Single Review. No applicant shall be required to come before the City Council more than once for the same project if approved. SECTION 5. Section 35.25.4.10 The Denton Square District of the 2002 Denton Development Code is hereby created to read as follows: 35.25.4.10.1 Purpose and Overall Intent A. Purpose. The purp historic resources and build upon the image of the Square as the historic, vibrant, small-town heart of a growing city by establishing design standards for new construction, certain exterior renovations, and demolition of property in The Denton Square that serve to protect and enhance the historic character of the area, preserve property values, and encourage high- quality, sustainable, pedestrian-friendly development. B. Overall Intent. The Overall Intent of the Denton Square District and the Denton Square Design Standards (DSDS) is as follows: 1. Encourage creativity and architectural diversity, while ensuring that the overall historic character of the Denton Square is protected: The design review process is intended to be flexible, allowing for creativity while encouraging designs that are compatible with the historic character of the surrounding properties in the District. 2. Encourage and support the preservation of historically significant buildings: The DSD includes historically significant buildings. The Denton Square Design Standards are intended to maintain the authenticity of the district by working in preservation, rehabilitation, and restoration of historically significant buildings, and to ensure that the integrity of any individual historic resource is preserved, as much as possible. PAGE 8 3. Support building designs and the use of design elements in new or renovated buildings that maintain and continue the established historic design patterns found of place. Within the District, patterns and rhythms in exterior building qualities can be seen, including in setbacks, mass and scale, building form, exterior materials, placement and type of doors and windows, and use of key architectural design features. Where possible, these should be continued in new or renovated buildings and building facades. 4. Support the use of materials which protect structural integrity and preserve building longevity, while also maintaining the historic character of the Square through their similarity in appearance, quality, and type to the prevalent materials in use in adjacent buildings, and throughout the District. 5. Promote urban vitality and livability that welcomes residents and visitors of all ages by fostering a sense of community: The DSDS support pedestrian-oriented design within the Square, which includes a diverse mix of uses, creating engaging public spaces, and functional pathways to enable and encourage enjoyment by all, day and night, throughout the week. 6. Take into account the importance of maintaining property values and supporting new and existing businesses in the Denton Square District: When applying the DSDS, the Director and City Council should take into account the importance of supporting the success of existing and new businesses in the ost enduring spaces. 7. Encourage the integration of art into public and private development: Art should be integrated into architecture, streetscapes, and public spaces. Art g new residents and businesses. 35.25.4.10.2 Relation of The Denton Square District to Base Zoning Districts The Denton Square District is a zoning overlay that supplements the primary underlying zoning district classification. The permitted uses of the property shall be determined by the use regulations set forth for the primary zoning district classification for the property. Development of projects in The Denton Square District shall be subject to the Denton Square Design Standards in accordance with this section. In the event of any conflict between the design standards and the provisions of the Denton Development Code, the design standards shall control. 35.25.4.10.3 Boundaries of The Denton Square District PAGE 9 The Denton Square District includes all land located within the area bounded by the following: Beginning at the intersection of Cedar Street and Pecan Street, running east along Pecan Street to Austin Street, running south along Austin Street to Walnut Street, running west along Walnut Street to Cedar Street, and running north along Cedar Street to Pecan Street. The area of the district shall include all properties adjacent to the boundary streets, though it shall only include the building exteriors, either existing or which may be built along the district boundary streets in the future. 35.25.4.10.4 Definitions The following words, terms, and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrative Review: Refers to the review process specifically described in Section 35.25.2.1.10.D.4. Antenna: Any exterior apparatus designed for telephonic, radio, or television communications through the sending and/or receiving of electromagnetic waves, excluding satellite dish antennas and antennas accessory to residential uses. Antennas ancillary to residential uses shall mean television antennas and amateur radio equipment not used for commercial purposes, including ham radio and CB equipment. Awning: A shelter extending from the exterior wall of a building and composed of nonrigid materials except for the supporting framework. Balcony: A platform which projects from the exterior wall of a structure, is exposed to the open air and remains unenclosed, is surrounded by a railing or balustrade, has direct access to the interior of the building, and is not supported by posts or columns extending to the ground. Basement: Bays: Repetitive divisions into which a building is divided. Block: A piece or parcel of land entirely surrounded by highways or streets, other than alleys. In cases where the platting is incomplete or disconnected, the Director of Public Works shall determine the outline of the block. Building: A structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or chattels. Building Frontage: The linear dimensions of a building which faces upon a public street, projected along the street property line. Where a building faces two or more streets, the frontage containing the principal street address shall be designated as the building frontage. Building Permit: Authorization given by the City of Denton to erect, construct, renovate, maintain, or conduct any other specified activity on any building or structure, or on any building permits, electrical permits, mechanical permits, and plumbing permits. PAGE 10 Column: A vertical support normally consisting of a base, a round shaft, and a capital. The Greek Doric order is exceptional in that it has no base. Contributing Building: A building on a property which is depicted on the National Register of Hi a y. Cornice: A projecting shelf along the top of a wall, along the exterior trim at the meeting of a roof and wall, or at the uppermost division of an entablature. Construction: The erection of any on-site improvements on any parcel of ground located within The Denton Square District, whether the site is presently improved, unimproved, or hereafter becomes unimproved by demolition, destruction of the improvements located thereon by fire, windstorm, or other casualty, or otherwise. Context: The buildings, structures, landscape elements and features immediately surrounding a building. Design Consistency Certificate means a document demonstrating compliance with the Denton Square Design Standards and/or the Purpose and Intent of the Denton Square District and Standards in Section 35.25.4.10.1. Director means the Director of Development Services or designee. District means the area encompassed in The Denton Square District as established by and described above in Section 35.25.4.10.3. Design Standards as laid out in The Denton Square District Standards are objective, measurable regulations, sometimes illustrated through diagrams and sketches, with which all projects must comply. Unless noted as a guideline, all provisions in this document are standards. If a project of exceptional design is clearly consistent with the General Design Principles but does not conform to a certain standard, the City Council may vote to approve a Certificate of Design Consistency, consistency with those principles. Design Guidelines are more subjective statements, through which the City proposes additional design strategies. The guidelines should be suitable for most projects, and developers should endeavor to ensure that guidelines are followed to the extent possible. City staff and the City Council will work with developers to explore design approaches that maximize conformance with design guidelines. City Council will not deny a Certificate of Design Consistency because a project fails to comply with design guidelines. Façade Any exterior building wall fronting on the public right-of-way. Façade, Front-Facing: The façade which contains the primary entrance for the building. For buildings fronting on the Square Proper, the façade fronting on the Square Proper shall be the front-facing façade. PAGE 11 Fiber-Cement Siding: A lightweight, solid material that is manufactured in similar sizes and shapes to wood products. First Floor: For the purposes of this section, shall refer to the building story which begins at grade on the front-facing façade of the building. For buildings fronting on the Square Proper, the first floor is the first building story on the facade facing the Square Proper. Fully Shielded: Attribute of a lighting fixture provided with internal and/or external shields and louvers to prevent light pollution. Glare: Excessive brightness in the field of view that is sufficiently greater than the brightness to which the eyes are adapted, to cause annoyance or loss in visual performance and visibility, so as to jeopardize health, safety, or welfare. Grade: Ground level. Guidelines, The High-Quality describes a material that, for the intended purpose, is above average, by relevant industry standards, in reliability, durability, and performance of essential functions. High Intensity Discharge (HID) Lamps. Lamps which produce visible light directly by the electrical heating or excitation of a gas. Examples of such lighting include, but are not limited to, metal halide, high-pressure sodium, low-pressure sodium and mercury vapor. For purposes of this chapter, fluorescent lights are not considered HID lighting. Historic Preservation: Historic preservation, for the purposes of this section and for the Denton Square District, means to take the measures necessary to sustain the existing form, integrity, and materials of historic buildings, and also to ensure that new construction complements the adjacent historic and architecturally significant buildings. Historic preservation includes ensuring that the character of historically significant structures without local, state, or national designation is also respected. Historic preservation efforts may include the restoration or rehabilitation of a historic property. Illuminated Sign: Any sign for which an artificial source of light is used in order to make readable glowing, or radiating signs. Light Trespass: Light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located. Luminaire: A device or fixture containing a light source and means for directing and controlling the distribution of light from the source. Mews Streets: Mews streets are the four smaller streets (Walnut, Austin, Pecan, and Cedar) located behind the streets that front the Denton Courthouse. PAGE 12 Minor Alteration is work that is proposed to be done on a building in the DSD that meets the definition provided in Section 35.25.2.10.1.D.3.a.ii of the Denton Development Code. Mural is a visual depiction and/or work of art, including mosaic or painting, applied, painted, or affixed directly onto the exterior of any wall of a building. Ordinary Maintenance is work that is proposed to be done on a building in the DSD that meets the definition provided in Section 35.25.2.10.1.D.3.a.i of the Denton Development Code. Overall Intent: The statements of Overall Intent, more fully described in Section 35.25.4.10.1, that serve as the basis for The Denton Square Design Standards. Parapets: The portion of a wall that projects above an adjacent roof surface. Pilaster: A shallow rectangular feature projecting from a wall, having a capital and a base and architecturally treated as a column. Pitch: The angle or slope of a roof. Rehabilitation: The process of returning a property to a condition that makes a contemporary use possible, while retaining as many of its historic, architectural, and culturally significance features as possible. Restoration: The process of accurately recovering the form, features, and character of a property as it appeared at a particular period in history, which can include removal of features from later pe Roofing material: The outermost layer on the surface of a building roof. Sign: Meaning shall be as defined in Section 33-2 of the Code of Ordinances of the City of Denton. Notwithstanding any language in this subchapter, all proposed signs are subject to the permitting requirements of Code of Ordinances Chapter 33 Signs and Advertising Devices. Provisions related to signs in this subchapter are in addition to, and not in place of, the provisions of Chapter 33. Square, The Square Proper, The refers to the area bounded by West Oak Street on the north, North Locust Street on the east, West Hickory Street on the south, and North Elm Street on the west. Standards, The Story: The space between the surface of any floor and the surface of the next floor above it; or if there is no floor above it, the space between the floor surface and the top of the ceiling joists or roof rafters above it. Theater Marquee: A marquee is a permanent roofed structure which is attached to and supported entirely by a building; no part of which shall be used for occupancy or storage; having the purpose of providing protection from sun and rain or embellishment of a façade. A Theater Marquee is a PAGE 13 marquee that is attached to a building which contains an area regularly used for theatrical performances or for showing motion pictures. Uplight: A type of light pollution in which light is directed above the horizontal plane of the luminaire, which can contribute to artificial sky glow. 35.25.4.10.5 Work Requiring A Permit A. It shall be unlawful for any person to do, or allow or cause any other person to do, any of the following work on property located within the district, without first applying for and receiving a Certificate of Design Consistency under the terms of Section 35.25.2.10.1.D.3 of the Denton Development Code: 1. Construction of a new building or making an addition to an existing building. 2. Redeveloping, reconstructing, altering, changing, or restoring the exterior of any existing building 3. Demolition of an existing building or façade 4. Construction or reconstruction of a parking lot. 5. New sign or mural. 6. Ordinary maintenance to the exterior of an existing building, as defined in this Subchapter. Changes to the interior of buildings do not require a Certificate of Design Consistency. B. The requirements and procedures found in section 35.25.2.10 Design Standards Review Procedures will govern the process of application for and provision of any Certificate of Design Consistency required by this subsection. C. All regulations applicable to the District as contained in the Code of Ordinances or Denton Development Code shall continue to apply to the District, except as specifically modified herein. 35.25.4.10.6 Procedures All planning actions related to The Denton Square Design Standards and Guidelines shall be processed by one of the following procedures: 1. Denton Square Design Standards and Guidelines Amendment: Zoning Text Amendment2.7.4 of the 2019 Denton Development Code as approved by City Council on April 23, 2019. 2. Design Consistency Certificate: refer to Certificate of Design Consistency Procedure found in Section 35.25.2.10.1. PAGE 14 35.25.4.10.7 Design Standards A. Intent: The standards provide a framework of basic design parameters to guide the form and scale of buildings within the District, ensuring that the key attributes of the built environment of The Square are maintained. The standards provide flexibility and allow for creativity within the framework, in order to enable and encourage innovative, sustainable, high-quality development that preserves the historic character of The Square while adapting to changing conditions over time. B. Building Orientation, Setback, Frontage, and Height Standards 1. Orientation: Buildings must have their primary entrance face the street or other public spaces. 2. Setback: Buildings must front on the property line. 3. Frontage: 100% of all lot frontages on The Square must be occupied by a building, except for building entry or access conditions, to a minimum height of the first story. 4. Building Height: The following standards shall apply to all new facades and additions to facades, except that new or altered facades on existing buildings shall not be required to be higher or lower than the existing façade. a. New building facades fronting on the Square Proper must be a minimum of two (2) stories in height. b. New building facades and additions to facades fronting on the Square Proper must not exceed a maximum of two (2) stories, nor exceed a maximum of forty-five (45) feet in height. c. New buildings facades on the Mews Streets must be a minimum of two (2) stories in height. d. New building facades and additions to facades on the Mews Streets must not exceed a maximum of three (3) stories, nor exceed a maximum of sixty- five (65) feet in height. e. Building and Façade Height Standards Catastrophic Loss. In the event of partial or complete destruction of a building or building façade in The Square by a fire, natural disaster, or other catastrophic event, the following standards shall apply, if and when the subject building and/or facade is reconstructed: i. The building or façade must be reconstructed to a minimum of the existing height previously. PAGE 15 ii. The building or façade may be reconstructed to a height higher than the previous existing height subject to the Denton Square District maximum building restrictions in Sections 35.25.4.10.7.B.4.b and 35.25.4.10.7.B.4.d. a. Such reconstruction must be commenced within one year of such event and completed within 18 months of such event, after which time District minimum height standard will apply. b. By written request from the property owner, City Council may grant one extension, up to six (6) months, of either the work commencement and/or the completion of work time period. C. Façade Standards 1. Existing unpainted brick and stone facades must not be painted. 2. The ground floor of buildings must include a minimum of three (3) elements of architectural relief at least every twenty-five (25) linear feet. These elements must comply with other applicable Design Standards, and may include, but are not limited to, the following: a. Doors b. Change in depth c. Columns or posts d. Windows e. Awnings f. Changes in materials g. Other elements of architectural relief may be approved by the Director if they are determined to meet the Overall Purpose and Intent of the District. 3. All new buildings, or new floors added to an existing building, must create a clear visual differentiation between the first and second floor, using one or more of the following elements, which must comply with all applicable Design Standards for such elements: a. Change in depth b. Columns or posts c. Transom Windows PAGE 16 d. Awnings e. Changes in materials, including a horizontal trim line of different material between the first and second floors. f. Other elements of architectural relief may be approved by the Director if they are determined to meet the Overall Purpose and Intent of the District. 4. A minimum of seventy-five percent (75%) of the building front of a new building, on the first floor, for a depth of at least twenty (20) feet from the building front, shall be occupied by a non-residential use. 5. Façade Material Standards: New façades must conform to the following material standards. Façade projects that incorporate unlisted materials may be submitted for review; the Director shall approve or disapprove unlisted materials based on compliance with the Purpose and Overall Intent. a. Primary materials are limited to the following: i. Brick ii. Stone or stone veneer iii. Wood iv. Cement composite board v. Tile terra cotta, porcelain, or ceramic vi. Stucco above the first (ground) floor b. The following material may be used as accents and trim: i. All primary materials listed above ii. Metal galvanized, painted, or ornamental iii. Pre-cast masonry (trim and cornice only) iv. EIFS (exterior insulation and finish system) above the first floor v. Concrete fiber simulated wood siding c. Inappropriate materials i. Vinyl or aluminum siding PAGE 17 ii. Mirrored glass iii. Stucco above the first (ground) floor iv. EIFS on the first (ground) floor D. Fenestration, Glazing, and Entry Standards 1. Fenestration and glazing must be provided in all new facades. 2. Ground floor windows must use clear glass (80% minimum Visible Light Transmittance). All window glass must allow a minimum 60% Visible Light Transmittance and must not exceed 15% Visible Light Reflectance when measured at a perpendicular angle. The use of Low Emissivity (Low-E) glass is permitted. 3. Windows, floors, stoops, and porches must open out to the street. 4. Primary building entrances must be clearly articulated, preferably with a covered- projected type of entry. Options, which must meet all applicable Design Standards, include: a. Awnings b. Canopies c. Recessed entry d. Other similar treatments may be may be approved by the Director if they are determined to meet with the Overall Purpose and Intent of the District. 5. Awnings, canopies, and other covered-projected types of building features are permitted to encroach partially into the public right-of-way, but do require completion and approval of a City of Denton Right-of-Way Use permit/application. 6. Awning, canopies, and other covered-projected types of building features must comply with the following: a. Must be placed so as to provide weather protection for pedestrians. b. Must be consistent in height with similar covered-projected features on adjacent or joining buildings. c. Must be mounted in locations that do not obscure ornamental features over storefronts, such as rooflines, arches, and banding. d. Must not exceed the width of the sidewalk PAGE 18 e. Must not be torn, frayed, ripped, faded, or stained, soiled or dirty. When not specifically addressed by this ordinance, provisions of the City of Denton property maintenance code shall apply. f. Must not have a dome or convex frame (see illustration). Illustration of prohibited awning or canopy frame designs g. Colors of awnings, canopies, and other covered-projected types of building features must enhance and complement the building to which they are attached, rather than overwhelm the building scheme. Colors must not call more attention to the projected-covered building feature than the building. h. The frame structure of such building features must be finished to match the metal storefront system color or the fabric color of the associated projected- covered type of building feature. i. Such building features are not prohibited from encroaching partially into the public right-of-way, provided that a City of Denton Right-of-Way Use permit/application has been completed and approved. E. Sidewalk Activity Standards 1. Bringing restaurant and retail activities out to the sidewalk is not prohibited, provided that: a. Unobstructed pedestrian walking is maintained. b. A City of Denton Right-of-Way Use permit/application has been completed and approved for any private activity that extends into the public right-of- way. c. Permanent railings for outdoor dining must not extend into the public right- of-way without an approved City of Denton Right-of-Way encroachment permit/form or exceed a maximum four (4) feet from ground level F. Exterior Lighting Standards 1. All newly installed exterior lighting must comply with the standards of Section 6.11 of the Denton Development Code (2019) as adopted by City Council on April 23, 2019, except as those standards are specifically modified within this PAGE 19 section. Such lighting shall require a Certificate of Design Consistency (with the exception of temporary holiday lighting). 2. The following types of newly installed exterior lighting are prohibited within the District: a. High-Intensity Discharge (HID) or fluorescent lights (except fluorescent bulbs that screw into standard socket fixtures). b. Lights that blink, flash, or change intensity or color (except in the case of theater marquee lighting). 3. The following types of newly installed exterior lighting are not prohibited within the District, notwithstanding any restriction on them in Section 6.11: a. Fully shielded light fixtures (luminaires), except those containing directional lamps, which have an aggregate rated lamp output not exceeding 500 lumens. b. Decorative gaseous, light-emitting diode (LED), or other electrified or illuminated when used to: i. A (that is, along the rooflines including any peaks, arches, or bump- ups, or horizontally along the building's facade as lighted tubing or a . ii. Outline or decorate the outermost edges only of awnings, but not to outline the awning as a whole. G. Sign Standards 1. All new signs installed in the District shall be required to comply with the standards of Chapter 33 of the Denton Municipal Code of Ordinances, including the requirement of an approved sign permit, when applicable. In addition, the following restrictions shall apply to all new signs within the District: a. Internally-lit acrylic cabinet signs are prohibited. b. Signs must not be installed in locations that damage or obstruct important architectural features. c. Signs must be compatible in scale, proportion, and design with the PAGE 20 H. Mural Standards: 1. All new murals, including those proposed for buildings designated as local historic landmarks, shall require approval by City Council. a. If a mural on a separate panel is approved to be mounted onto a building, it must be mounted so as to prevent damage to the wall behind the panel. 2. A mural must be compatible with the architectural and aesthetic components of the building or other structure on which it is installed, 3. A mural must not detract from the character of the District, and not be detrimental to the public health, safety, and welfare 4. On facades fronting on the Square Proper, murals may not cover more than 25% of the total area of the facade. 5. A mural must not be painted on existing unpainted brick or stone surfaces. 6. Measurement: For the purposes of this subsection, total area of the façade will be the result of a calculation of height of the building multiplied by the width of the building. Total area of the façade includes wall, fenestration, doors, and parapets 25% of the total area (H x W) of a façade facing the Square Proper may be painted with a mural. PAGE 21 (See illustration). Total area of the façade does not include decorative architectural elements projecting above the roofline which are less than one (1) foot in width. I. Roof Standards 1. Roof shape of new buildings, new facades, and new additions must appear flat. 2. Roof, including roofing materials, of new buildings, new facades, and new additions to existing buildings, must not be visible from street view. a. This standard shall not be construed to prohibit visible parapets, cornices, or other decorative architectural features which are typically installed along or atop the edge of a roof. J. Building Equipment and Service Area Standards 1. Building Equipment and Service Areas shall include the following: a. Mechanical and electrical equipment and conduits b. Elevator shaft c. Ducts d. Piping e. Fire equipment f. Water backflow devices g. Solid waste and Recycling facilities h. Utilities i. Satellite dishes j. Antennas (Excluding those types of macro cell telephone antennas for which local regulation is preempted by Federal regulation) k. Loading and unloading areas l. Drainage facilities m. Grease traps, interceptors, and bins/dumpsters PAGE 22 2. Building equipment and service areas shall be designed and located so that they are not the primary building feature and do not interfere with pedestrian or vehicular circulation. 3. Solid waste and recycling facilities, as well as grease dumpsters, bins, barrels, or other grease storage devices shall not be visible from the public right-of-way. 4. Roof-mounted building equipment must not be visible from the street or from adjacent properties at the same level or below. 5. Screening materials, in type and color, shall complement the building with which they are associated and shall not draw attention away from the building with which they are associated. K. Historic Preservation Standards: The following standards shall apply to projects involving Contributing Buildings as depicted on the National Reg the Denton County Courthouse National Register District : 1. Existing facades and buildings must not be demolished or removed without approval by City Council of a Certificate of Design Consistency authorizing the demolition or removal, unless the current condition of the existing façade or building represents a life-safety issue as determined by the Building Official. Certificate of Design Consistency for a project involving such demolition or removal may not be approved unless it includes a Post-Demolition Redevelopment Plan which complies with Section 35.25.4.10.7L.2. City Council may only approve a Certificate of Design Consistency for a project that includes demolition of a Contributing Building or façade of a Contributing Building on one of the following bases: a. The applicant proposes, in their Post-Demolition Redevelopment Plan, to replace the structure or façade with a new structure or façade that is more compatible with the historic character of the Denton Square District. i. Applicant shall include the following in order to establish that proposed replacement will be more compatible: a. Records depicting the original construction of the structure or its appearance and condition during the Period of Significance of the National Register District (Period of Significance: 1882-1949), including drawings, pictures, or written descriptions. b. Records depicting the current condition of the structure, including drawings, pictures, or written descriptions. c. Any conditions proposed to be placed voluntarily on the new structure that would mitigate the loss of the existing building or facade. PAGE 23 d. Any additional documentation determined by the Director to be necessary to establish the compatibility of the proposed replacement. b. The applicant can establish that an unreasonable economic hardship exists if required to maintain the current building or façade. Applicant must establish proof of hardship in accordance with Section 35.25.4.10.8. c. The applicant can establish that the existing façade did not exist during the Period of Significance for the National Register District (Period of Significance: 1882-1949), and it is being removed to reveal an older façade underneath, which was in existence during the Period of Significance. i. The existence of the original façade must be established with physical or documentary evidence in order to receive approval on this basis. 2. Existing facades may not be covered over with new façade material. 3. Existing window openings must remain and must not be filled in or covered over. 4. New window openings shall not be added to existing facades unless proposed windows are reviewed and approved by City Council. a. To be eligible for approval, new window openings must be similar in number, style, and placement to existing window openings in the National Register District that date to the Period of Significance, as established by physical or documentary evidence. L. Demolition and Temporary Construction Standards: The following standards shall apply to all buildings within the District. 1. No building or façade of a building in the District shall be demolished without approval of a Certificate of Design Consistency by City Council, except in cases when the Building Official has approved an Emergency Demolition and a permit has been issued for that Emergency Demolition. 2. Applications for Certificates of Design Consistency for Demolition must include a Post-Demolition Redevelopment Plan, which must propose a building or facade to replace the demolished building or façade, and must include the following: a. Complete Architectural Drawings of proposed replacement building or façade, or, in cases where an existing underlying façade will be the replacement façade, a rendering of the expected appearance of the underlying façade, including any proposed restoration work; b. A guarantee agreement between the owner and the city that demonstrates the owner's intent and financial ability to construct the replacement building PAGE 24 or façade, or restore an existing underlying facade. The guarantee agreement must: i. Contain a covenant to construct the proposed structure by a specific date in accordance with architectural drawings approved by the city through the Certificate of Design Consistency Process; ii. Require the owner or construction contractor to post a performance and payment bond, letter of credit, escrow agreement, cash deposit, or other arrangement approved by the Director to ensure construction of the new structure; and iii. Be approved as to form by the city attorney. c. When demolition of the entire Contributing Building is proposed, the Post- Demolition Redevelopment Plan shall also include the following: i. Site Plan for proposed replacement structure; and ii. Plan for Temporary Construction Fencing meeting the standards of Section 35.25.4.10.7.L.3. Plan shall include a depiction of any decorative elements that will be added to Temporary Construction Fencing. 3. Temporary Construction Fencing meeting the following standards shall be installed following any building demolition or creation of a vacant lot due to catastrophic loss: a. All temporary construction fencing requires application for and approval of a permit from the Department of Development Services. b. Temporary construction fencing must shield entire site from view and access from right-of-way. c. Temporary construction fencing must provide a continuous opaque screen along the front property line. d. Temporary construction fence may include decorative elements, such as a mural, but such decorative elements shall require a Certificate of Design Consistency approved by City Council. 4. Emergency Demolition or Vacant Lot Due to Catastrophic Loss: The following standards shall apply to an emergency demolition or a vacant lot caused by catastrophic loss of a building due to a fire or other act of God: a. Emergency Demolition requires approval by the Building Official and issuance of a Demolition Permit. PAGE 25 b. Temporary fencing meeting the standards of Section 35.25.4.10.7.L.3 must be installed within 30 days of the date of the emergency demolition or catastrophic loss. c. If building construction activity on the site is not begun within one (1) year of the date of the emergency demolition or catastrophic loss of the building, temporary fence must be replaced by one of the options below. One extension of up to six (6) months may be approved by Director if construction plans for the site have been submitted. i. Landscaped site, with non-opaque fence, meeting the following standards: a. The applicant shall submit a scaled plan showing the vacant lot layout, the proposed landscaping and irrigation, and the proposed maintenance plan, which shall include provisions for trash removal, erosion management, and landscape maintenance. b. Surface shall include grass or other living ground cover, in any combination, provided that the total site is covered. c. Irrigation shall be provided consistent with the applicable standards for such systems as described Subchapter 7 of the Denton Development Code. ii. brick, stone, or brick or stone veneer. a. Wall must be aligned with front wall of adjoining buildings. b. Wall shall provide a continuous opaque screen along the entire length of the front property line. c. Property owner must provide for ongoing maintenance of the wall in compliance with the provisions of Section 17-80 of the City of Denton Code of Ordinances. d. Upon redevelopment of the site, the screening wall must be removed. iii. Alternative plan for beautification or activation of lot in line with the Purpose and Overall Intent of the District, as approved by City Council. PAGE 26 4.10.8 Establishing Unreasonable Economic Hardship A. Applicability. City Council may determine that an unreasonable economic hardship exists as a basis for approving a Certificate of Design Consistency for a project which includes a demolition of a Contributing Building or the façade of a Contributing Building. B. Burden of proof. When a claim of unreasonable economic hardship is asserted, the applicant must prove the following by a preponderance of evidence: 1. The property containing the Contributing Building is incapable of earning a reasonable rate of return in its current or rehabilitated state, regardless of whether that return represents the most profitable return possible; 2. The property containing the Contributing Building cannot be reasonably adapted for any other permissible use, whether by the current owner or by a purchaser, which would result in a reasonable rate of return; 3. The property owner has demonstrated reasonable, good faith efforts to find a purchaser or tenant interested in acquiring or leasing the property containing the Contributing Building. C. Proof of hardship. The information to be considered as evidence of an unreasonable economic hardship must include, at a minimum, the following items, all of which must be submitted as part of a Certificate of Design Consistency application asserting an unreasonable economic hardship. 1. The original purchase price of the Contributing Building; 2. The name and legal status (e.g., partnership, corporation) of the owner(s); 3. A signed building assessment report from a licensed engineer or contractor, as to the structural soundness of either the Contributing Building and/or façade of the Contributing Building, depending on what is proposed to be demolished, and the suitability for rehabilitation of what is proposed to be demolished, and including a cost estimate for repairs; 4. A cost estimate for demolition of the Contributing Building or façade of a Contributing Building; 5. The past and current use of the Contributing Building; 6. The assessed value of the property containing the Contributing Building, according to the two most recent tax assessments; 7. The amount of real estate taxes on the property containing the Contributing Building for the previous two years; PAGE 27 8. The date of purchase or other acquisition of the property containing the Contributing Building; 9. Principal balance and interest rate on the current mortgage and the annual debt service on the property containing the Contributing Building, if any, for the previous two years; 10. All appraisals obtained by the owner or applicant within the previous two years in connection with the owner's purchase, financing or ownership of the property containing the Contributing Building; 11. Any listing of the property containing the Contributing Building for sale or rent, asking price, and offers received; 12. Any consideration given by the owner to profitable adaptive uses for the Contributing Building or, in cases when only the removal of the façade is proposed, for profitable adaptive uses that do not require removal of the façade; 13. The Post-Demolition Redevelopment Plans for the property containing the Contributing Building or, in the case of removal of the façade of the Contributing Building, the plans for a replacement façade or restoration of an existing underlying facade; 14. Proof that the owner's affirmative obligations to maintain the property containing the Contributing Building make it impossible for the owner to realize a reasonable rate of return on that property. 15. Additional requirements for an income producing historic property: a. Annual gross income from the property from the previous two years; b. Itemized operating and maintenance expenses from the previous two years; and c. Annual cash flow, if any, from the previous two years. 16. Additional information relevant to a determination of unreasonable economic hardship, as determined and requested by the Director. 17. Claims of unreasonable economic hardship by the historic property owner must not be based on conditions resulting from the following: a. Evidence of demolition by neglect or other willful and negligent acts by the owner; b. Purchasing the property for substantially more than market value at the time of purchase; PAGE 28 c. Failure to take into account historic properties in the planning and design stage of development or proposed development; d. Failure to perform normal maintenance and repairs; e. Failure to diligently solicit and retain tenants; or f. Failure to provide normal tenant improvements. SECTION 6. Having approved the substantive changes contained herein, the City Council authorizes the City Attorney to work with the codifier to integrate these provisions into the 2019 Denton Development Code, previously approved on April 23, 2019 in Ordinance DCA18-0009q and in so doing, the City Attorney is hereby given editorial license to make nonsubstantive edits as necessary to integrate these provisions into the 2019 DDC, without necessity of further ordinance approval, with such changes to take effect on October 1, 2019. SECTION 7. y district created and referenced herein. SECTION 8. A copy of the current Design Guidelines referenced in this Ordinance is attached and incorporated into this Ordinance as Exhibit B, and is hereby approved for the limited purposes described herein. SECTION 9. 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 10. 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 provision of this ordinance are severable. SECTION 11. 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 12. 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. PAGE 29 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: ______ ______ ______ ______ Jesse Davis, 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. PAGE 30 EXHIBIT A The boundary line of the Denton Square District shall be as follows: All that certain tract or parcel of land situated in the W. Loving Survey, Abstract No. 759 and the W. M. Neil Survey Abstract No. 971, Denton County, Texas, being all of Blocks 1, 2, 3, 4, 5, 6, 7, and 8 of The Original Town of Denton Texas Plat, being more particularly described as follows: BEGINNING at a point being the southeast corner of the intersection of Walnut Street and Austin Street and being the southeast corner of the herein described tract; THENCE West, along the south line of said Walnut Street, a distance of 820 feet to a point for a corner at the southwest corner of the intersection of Walnut Street and Cedar Street and being the southwest corner of the herein described tract; THENCE North, along the west line of said Cedar Street, a distance of 820 feet to a point for a corner at the northwest corner of the intersection of Cedar Street and Pecan Street and being the northwest corner of the herein described tract; THENCE East, along the north line of said Pecan Street, a distance of 820 feet to a point for a corner at the northeast corner of the intersection of Pecan Street and Austin Street and being the northeast corner of the herein described tract; THENCE South, along the east line of Austin Street, a distance of 820 feet to the place of beginning, containing in all approximately 15.4 acres of land. EXHIBIT A EXHIBIT B DENTON SQUARE DESIGN GUIDELINES A. Intent: To provide additional guidance for those engaging in exterior alterations of buildings in the Square District as to preferred design strategies for achieving high-quality, character-sensitive, sustainable development, redevelopment, rehabilitation, and restoration in the built environment of The Square. B. Façade Guidelines: 1. New building facades and changes to existing facades should maintain a consistent ground floor height in relation to adjacent buildings. C. Fenestration, Glazing, and Entry Guidelines: 1. Heavily tinted windows on the ground floor of buildings are discouraged. 2. Corner entrances are encouraged for strong visibility at intersections. 3. Where office, retail, and entertainment spaces coexist, consider placing the retail entrances and prime exposure at the corners and the office entrances at mid-block locations. 4. Operable windows are strongly encouraged. 5. Existing historic awning hardware should be repurposed where possible. D. Exterior Lighting Guidelines: 1. Building-mounted lighting on façades, or other accent lighting on architectural features is encouraged. 2. Exterior lights should be compatible with their respective buildings in terms of design, material, use, size, scale, color, and brightness. 3. Light fixtures on historic buildings should be compatible with the design of the building. 4. Design of lighting for new construction shall strike a balance between aesthetics and functionality (i.e., balancing security needs with avoidance of light pollution). E. Sign Guidelines 1. Signs should be positioned to emphasize or accent building elements such as storefront openings or entrances. 2. Where possible and appropriate, signs shall be aligned with those on neighboring buildings to promote visual order on the block, to avoid visual clutter, and to enhance legibility. 3. Signs should be made of high-quality, durable material. F. Mural Guidelines: EXHIBIT B ADOPTION DRAFT 6/4/2019 1 1. Generally, the hanging and/or anchoring of a mural should be reversible. 2. The installation of a mural should complement and enhance the building or wall upon which it is installed. The design of the mural should be sensitive to the character of the Denton Square District. 3. Due to the visual impact on the Denton Square District as a whole, particular care should be taken in the decision to install a mural on the front façade of a building, in order to ensure that the mural does not detract from the character of the District. G. Building Equipment, Service Area, and Parking Guidelines 1. Storage of grease and oil from cooking should be accomplished on the interior of the building when possible. 2. Surface parking and parking garages, should, where possible, be located to reduce visual impact on the public right-of-way. H. Historical Preservation Guidelines 1. New stories on existing buildings should be set back from the façade of the existing building, unless the prior existence of an additional story, since removed, can be established by physical or documentary evidence. 2. Reopening and reactivating existing historic doorways and fenestration, including transom windows, which have been covered over or filled in, is encouraged. 3. Existing building facades should not be re-sided with another covering material. 4. Existing historic windows, doors, and other original building hardware should be reused and/or repaired whenever possible. 5. Chemical or physical treatments of the building exterior should be undertaken using the gentlest means possible. I. Temporary Construction Guidelines 1. Screening designs should have elements or references to the associated building under construction, with the exception of art projects on the construction fence. Artistic/creative designs on the construction fence are encouraged, where appropriate. ADOPTION DRAFT 6/4/2019 2 3-25-19 Denton Square District Public Forum Feedback Summary: Public Forum: 30 attendees Overall Standards: o Okay with design standards so long as owner can update their property, as needed. o Happy for actual guidelines. Great overall work. o I like this plan. Very practical. So long as Historic Preservation Officer and staff have ability to make logical decisions using Code as a guide. o Good job by staff. o I favor regulations that maintain the historical look of the Square while continuing to enhance individual expression. Building owners should preserve as much of the original architecture as possible on the street front. o The regulations should be such to preserve the historical constitution and the feel of the Square. Lone Star Attitude Burgers is HOW NOT TO DO IT. The majority of the Square follow this but we must support with regulations and consistency. o I like the standards! Process: o Pre- based on city standards. o (1) Resident marked support for Certificate of Design Consistency. Map: o Resident marked that the size of the district should expand up Cedar, Hickory, and Oak streets. Murals: o NO murals on front façade. Murals on the side OK. o I oppose having any mural in front of the buildings. This would detract from the historic the Square. We also have to take into consideration the revenue that comes in from visitors wanting to see and take pictures of these historic buildings. o o No murals on front facades of buildings. o The facades facing the court house should showcase the period architecture. It is not a burden to keep it materials. o in effect to prohibit a downtown square with crazy, loud, or obnoxious color schemes. The word mural can mean many things g. o Murals on building sides okay but not front facades. o No murals facing Square. o o Important to allow murals o No murals on the sides of buildings that go to Mews Streets. 3-25-19 Historic Preservation: o The city should do all it can to preserve the look of the city as an old town square. It is us and we should keep it. Minor modifications to keep integrity are appropriate. o As a Denton resident since 2012 with residence 2 blocks from the downtown area I love that we are preserving national landmarks and the history of Denton. o I came to Denton sixteen years ago and fell in love with the ambiance that the Square has to offer. When we bring friends from out of state, they also uniqueness of the Square. We also have to take into consideration the revenue that comes in from visitors wanting to see and take pictures of these historic buildings. o The facades facing the court house should showcase the period architecture. It is not a burden to keep it o I believe the Square and surround areas should be preserved in original condition when at all possible. Downtown is special because of its history. Rebuild is NOT the same as original. o Save any saveable façade. o (1) Resident marked support for standards prohibit covering existing historic facades or filling in existing windows. o Maybe there could be incentives to save facades. Cost is a factor for building owners. o Rebuilt buildings after catastrophic loss should be consistent in form and appearance with pre-existing building. o If there is a catastrophic loss, all effort should be made to save façade if still intact. Rebuilt is not the same as original. o Historic Preservation standards should apply to all buildings facing the Square, not just contributing buildings. Painting Brick: o ~5/24 attendees supported allowing painted brick in informal hand poll. o (2) residents marked agreement with prohibition on painting brick. o Buildings should be allowed to paint if it is improving the building. o Building owners should be able to paint façade brick o Agree with not painting existing brick buildings. o Painting Brick facades okay with me. o No painting of brick. Façade Materials: o Do not allow Cement Composite Board. Not durable enough for this. o . o The square is a public place materials should be the best institutional quality. If you A quality façade ensures the ambiance that gives Return On Investment. Rear portions of facades should have more relaxed façade rules. Windows: o Windows are important! nd o The Fine Arts Building could use more windows since the 2 floor would no longer be a projection room. This would take some creativity, yes. 3-25-19 Height: o Good design to limit height. o Other new construction of more than 2 stories would need SUP or distance requirements. Again, Houston being an example of how NOT to do it. Possibly Tyler or Austin as an example of how to do it. o higher when rebuilding (Developers will burn them down to rebuild). o than the pre-existing historic building. o perceived height of these buildings. This could ensure that the view from the Square is of more historically compatible buildings, providing a screen to shield future much taller buildings from the view of those on the Square. Roof o (2) Residents: Please no more LSA rooftops. o Please no more rooftop additions. Our Discover Denton building does not fit. Repairs: o Building owners should be able to repair brick or windows. o On facades, what variance would be allowed, if wall was no longer structurally sound? Great job. Building Equipment & Service Areas: o Consider placing used grease receptacles for restaurants underground on Mews Streets easy to drain used grease and easy to pump. o Consider placing used grease receptacles for restaurants underground o Grease receptacles can these be installed in the street, they can be shared and city can sell them. Will be easier way to clean. o Public sidewalks sho Awnings: o The awnings are shelter from the rain and sun. o Better define the standard that awnings should be straight, rather than curved. Could be parallel with the ground on the front. o What about red-and-white striped awning on ice cream store? Need to define which o (1) resident marked support for standard requiring that awnings be of consistent height with those on adjoining buildings. Public Dining, Fencing & ROW o o Reword prohibition on walled-off development for clarity. Signs: o No acrylic backlit signs. o I support more guid Lighting: o (2) residents marked support for prohibiting blinking and flashing lights 3-25-19 o (1) resident marked support for the guideline that lighting on historic buildings should be compatible with the design of the building. Infrastructure & Green Space: o However, as a city that strives to be green we focus too much on car traffic and car traffic flow instead of pedestrians. The Square should be more pedestrian focus, from traffic signals to accessibility to get there by foot or bike. Please invest in more pedestrian and bicycle infrastructure and add more trees and green space in the Square versus parking spaces. 3-25-19 DCA18-0007 Notification Response Map 500ft Buffer 200ft Buffer PECAN WALNUT SYCAMORE 080160320 Feet SITE In Favor µ Neutral Parcels Opposed Roads Date: 5/30/2019 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. � `�„'' Develapment Services ��,�� 2l S W. Hickor� St., Dent�n, TX 7620i •(940} 349-55� 1 F2es�can�e F�rm Prc�ject i'�uanber DCA 18-0007d The �enton� Sq�aare District ln order for youe �pinion ta be counted, please complete and mail this form to: City ot�Deni�n Develapment Services Attn: Sean Jacobson, Project Manager 215 W. Nickory� St. L?errtoa�, TX 76�Oi You may also email or iax a c�py to sean jacobson�icityUfc�entQn,com or (440) 3�9-8584. � r � � � � � � � � �A � 4 r � �� 'roject 11'�Ilumber DCA1$-OQ07d Please circle one. o In favor of request pposed to request Comments: _ _._ n _. _ • �.,m.i� (-'''� Signa ture: � ��_ Printed Name: � �� % � �� ,% Street Adclress: � � �--� �i�� ✓ C�� --°�� City, State and Zip Code: .'�'"�—"" y • �.! � � C Phone NumFier: �� .� �� G � Email Address- Physical Acldress of Property within 200 Feet: _ �� '"�i C�� ADA/EOE/ADEA www.cityofdenton.com TDD (800) ?35-2989