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2019-06-11 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-858,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding the role of City Council Committees, membership to subcommittees and other groups, and the associated Committee nomination process. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: ACM: Sara Hensley DATE: June 11, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding the role of City Council Committees, membership to subcommittees and other groups, and the associated Committee nomination process. BACKGROUND Members of the City Council serve on designated standing committees and other boards and commissions to afford policy guidance and direction to staff. Committee assignments are reviewed annually by the City Council to provide an opportunity to make necessary adjustments and to account for changes in City Council composition resulting from elections. The attached information provides a brief description of each Council Committee and a listing of current assignments. The City Council will be asked to consider Committee appointments during the June 18 City Council meeting. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Informal Staff Report May 31, 2019 Exhibit 3 Council Committee Narrative Updated Exhibit 4 Current Council Committee Assignments Exhibit 5 2019 Committees of Interest Respectfully submitted: Rachel Wood Chief of Staff CITY COUNCIL COMMITTEES AGENDA COMMITTEE The Agenda Committee is composed of the Mayor, the Mayor Pro Tem, and the City Manager. The Agenda Committee reviews the City Manager’s proposed City Council agendas as to form and agenda content. AUDIT/FINANCE COMMITTEE The Audit/Finance Committee is composed of three Council Members. The City Manager, or his designee, is an ex-officio member. The duties and purpose of the Committee shall be to assist the Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and any other financial related activities as delegated by the City Council. COMMITTEE ON CITIZEN ENGAGEMENT The Committee on Citizen Engagement is composed of three Council Members. The City Manager, or his designee, will provide guidance and assistance to the Committee. The duties and purpose of the Committee shall be to provide advice to the Council and/or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton citizens in the various processes of city government. COMMITTEE ON THE ENVIRONMENT The Committee on the Environment is composed of three Council Members. The duties of the Committee shall be to review, discuss, deliberate, and consider environmental issues and resources and make recommendations to the Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the Council. COUNCIL AIRPORT COMMITTEE The Council Airport Committee is composed of three City Council members. The City Manager, or his designee, will provide guidance and assistance as needed. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council on: the Airport Business Plan and Airport Master Plan; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport, and issues raised as a result of interface between citizens, airport tenants, or other interested parties. COUNCIL APPOINTEE PERFORMANCE REVIEW COMMITTEE The Council Appointee Performance Review Committee is composed of three Council Members, with the Director of Human Resources as an ex-officio member. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to insure that the appointee’s job descriptions are accurate and properly reflect current job duties in order to make recommendations to the Council to assist the Council in evaluating the job performance of the council appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions. HOTEL OCCUPANCY TAX AND SPONSORSHIP COMMITTEE The Hotel Occupancy Tax and Sponsorship Committee is composed of three Council Members. The duties and purpose of the Committee shall be to monitor allocation and use of both the hotel occupancy tax and sponsorship funds, ensuring HOT funds are being used to directly enhance and promote tourism and the hotel/ convention industry, ensuring the sponsorship funds are being used to further a charitable cause, economic or community growth and serve a public purpose in the best interest of the general welfare of the City of Denton, and recommend organizations to receive funding to the City Council. MOBILITY COMMITTEE The Mobility Committee is composed of three Council Members. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. EXTERNAL COUNCIL COMMITTEES COMMUNITY JUSTICE COUNCIL The Community Justice Council is established according to Chapter 76 of the Texas Government Code. That Chapter indicates that a Justice Council has to be established as a prerequisite to establishing a community corrections facility. The Community Justice Council provides continuing policy guidance and direction for the development of criminal justice plans and community correction facilities and programs and conditions of community supervision. Among the members of the Justice Council is a council member of the most populous municipality in the County that the facility will serve. CONVENTION AND VISITOR BUREAU ADVISORY BOARD The Denton Convention & Visitor Bureau was initiated in 1976 by the Denton Chamber of Commerce to promote events and attractions, provide hospitality education, and ensure a positive experience to Denton visitors. It operates via an agreement between the City of Denton and the Denton Chamber of Commerce. The Advisory Board makes recommendations to the Chamber of Commerce Board of Directors. DALLAS REGIONAL MOBILITY COALITION The Dallas Regional Mobility Coalition is a transportation advocacy group made up of cities, counties and transportation agencies in a five-county region (Dallas, Denton, Collin, Rockwall and Ellis) with a primary mission to advance critical mobility projects through advocacy efforts with state and federal elected officials and regional transportation agencies. The DRMC is governed by a 27-member board of directors representing cities, counties and transportation agencies in the greater Dallas area. It consists of seven members, one each from the cities of Carrollton, Garland, Grand Prairie, Irving, Mesquite, Plano and Richardson being either the Mayor or another elected official designated by the City Council; four members, designated by the Mayor of Dallas, being either two or three elected officials from the City of Dallas and one or two community leaders who are non-elected officials; four members, one each from Collin, Dallas, Denton, and Ellis County, being either the County Judge or another elected official designated by the County Judge; elected officials from those cities not represented in either of the first two categories; one community leader (non-elected official) appointed by the Dallas County Judge; four ex-officio members being the Texas Department of Transportation District 18 District Engineer, the Executive Director of the Texas Turnpike Authority, the Executive Director of the Dallas Area Rapid Transit Authority, the Staff Director of the Regional Transportation Council; and one business leader (non-elected official) appointed annually by the Legislative Coalition of the Dallas Area Chambers of Commerce. Based on Denton’s population, one Executive Committee seat is available to be filled by the Mayor or another elected official. Currently, the Mayor has asked a Council Member to serve as the City’s designee to the Coalition. LAKE RAY ROBERTS PLANNING AND ZONING COMMISSION The Lake Ray Roberts Planning & Zoning Commission hears requests for zoning changes, special use permits, recreational park permits, sign permits, planned development applications and variances. The Commission is made up of eight (8) members: three (3) must be residents of the affected precincts who own land in the county and are appointed by the County Judge, one resident of each Commissioner Precinct that is affected and appointed by that Commissioner, or if only one precinct is affected the Commissioner shall appoint two, and the Mayor or his designee of each city of which the city limits or Extraterritorial Jurisdiction (ETJ) includes any part of the Lake Ray Roberts Land Use District. NORTH TEXAS COMMISSION MEMBERSHIP The North Texas Commission is a public-private partnership of businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions dedicated to advancing the vibrancy of the North Texas region. The North Texas Commission provides the resources to carry out programs that benefit the entire region and to address regional problems and opportunities. The City’s membership in the Commission provides for two members representing the City of Denton – currently the City Manager and Mayor. REGIONAL TRANSPORTATION COUNCIL The North Central Texas Council of Governments has served as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council is the independent transportation policy body of the Metropolitan Planning Organization. The RTC consists of 44 members which include local elected or appointed officials from the metropolitan area and representatives from each of the area's transportation providers. The RTC oversees the metropolitan transportation planning process. The City of Denton has one representative on the RTC and an alternate member to serve in the absence of the primary member. TEXAS MUNICIPAL POWER AGENCY The Power Sales agreement dated September 1, 1976 designated two representatives from the City of Denton to serve on the Board of Directors. Two representatives are approved by the City Council who may, but need not necessarily be, members of the City Council and the Public Utilities Board. The Board of Directors assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. OTHER COUNCIL COMMITTEES AND BOARDS DEVELOPMENT CODE REVIEW COMMITTEE (AD HOC) The Development Code Review Committee is composed of three City Council members plus three Planning and Zoning Commissioners who participate as non-voting ex-officio members. The duties and purpose of the Committee shall be to review all proposed revisions to the Denton Development Code and make recommendation to the City Council regarding the proposed revisions. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD The Economic Development Partnership Board consists of twelve members: (1) two members from City Council at the time of their appointment, (2) two members from the Denton Chamber of Commerce Board of Directors at the time of their appointment who reside or work in the City, (3) two members who will be, or must be currently employed by a top 20 City of Denton ad valorem or sales tax payer and who reside or work in the City, (4) the President of UNT or his/her designee who does not have a city residency requirement; (5) the Chancellor and President of TWU or his/her designee who does not have a city residency requirement; (6) a member with knowledge or experience in general aviation-related matters with no financial interest at the Denton Enterprise Airport and who resides or works in the City, (7) a citizen of Denton with specific knowledge, skills and abilities to assist in the functions of the Economic Development Partnership Board; (8) a member nominated by the Denton Black Chamber of Commerce Board of Directors who resides or works in the City; (9) a member nominated by the Denton Hispanic Chamber of commerce who resides or works in the City. The City Manager, or his designee, the President of the Chamber, and the Superintendent of the Denton Independent School District, will serve as ex-officio members of the Board. The Board provides economic development policy guidance and makes recommendations to the City Council and Chamber of Commerce; reviews, considers and makes recommendations to the City Council regarding marketing and branding for the Denton Enterprise Airport; reviews, considers and makes recommendations to the City Council regarding Denton Enterprise Airport incentive policies as assigned by the City Council or requested by the City Manager; and acts as a recommending body to the City Council for specific airport economic development incentives as assigned by the City Council or requested by the City Manager and permitted by City and State law. DOWNTOWN DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE BOARD The Downtown Denton Tax Increment Financing Reinvestment Zone Board is composed of seven members: two City Council members, two are either property owners of property located within the Tax Increment Reinvestment Zone or residents whose primary residence is located within the Tax Increment Reinvestment Zone, two are either business owners of businesses located within the Tax Increment Reinvestment Zone or members of the Denton Chamber of Commerce Board of Directors, and one a qualified voter of the City of Denton. The Board makes recommendations to the City Council concerning the administration of the Zone; prepares and adopts a project plan and Tax Increment Financing Reinvestment Zone financing plan for the Zone and submits the plans to the City Council for approval; prepares, implements and monitors such project and financing plans for the Tax Increment Financing Reinvestment Zone as the City Council considers advisable including the submission of an annual report on the status of the Zone. TAX INCREMENT REINVESTMENT ZONE NUMBER TWO BOARD The Tax Increment Reinvestment Zone Number Two Board consists of fourteen members: twelve members of the Economic Development Partnership Board, one member appointed by the governing body of Denton County, and one member appointed by the “developer”, Rayzor Investments, LLP. The Board makes recommendations to the City Council concerning the administration of the Zone; prepare and adopt a project plan and Tax Increment Reinvestment Zone financing plan for the Zone and submit the plans to the City Council for approval; prepare, implement and monitor such project plan and financing plan for the Zone as the Council considers advisable, including the submission of an annual report on the status of the Zone. CITY COUNCIL COMMITTEES AGENDA COMMITTEE The Agenda Committee is composed of the Mayor, the Mayor Pro Tem, and the City Manager. The Agenda Committee reviews the City Manager’s proposed City Council agendas as to form and agenda content. AUDIT/FINANCE COMMITTEE The Audit/Finance Committee is composed of three Council Members. The City Manager, or his designee, is an ex-officio member. The duties and purpose of the Committee shall be to assist the Council in fulfilling its organizational oversight responsibilities relating to the audit function, the investment function and any other financial related activities as delegated by the City Council. COMMITTEE ON CITIZEN ENGAGEMENT The Committee on Citizen Engagement is composed of three Council Members. The City Manager, or his designee, will provide guidance and assistance to the Committee. The duties and purpose of the Committee shall be to provide advice to the Council and/or staff regarding the timely distribution of accurate and complete information to Denton citizens and devise methods of engaging Denton citizens in the various processes of city government. COMMITTEE ON THE ENVIRONMENT The Committee on the Environment is composed of three Council Members. The duties of the Committee shall be to review, discuss, deliberate, and consider environmental issues and resources and make recommendations to the Council. The Committee will also deliberate and make recommendations regarding any other matter delegated to the Committee by the Council. COUNCIL AIRPORT COMMITTEE The Council Airport Committee is composed of three City Council members. The City Manager, or his designee, will provide guidance and assistance as needed. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council on: the Airport Business Plan and Airport Master Plan; any airport infrastructure improvement or other major project impacting the airport; the acquisition, review, and consideration of grant funding for the airport; contracts and leases of airport property, including recommending appropriate terms to the City Council; long term financial planning and budgetary issues affecting the airport, and issues raised as a result of interface between citizens, airport tenants, or other interested parties. COUNCIL APPOINTEE PERFORMANCE REVIEW COMMITTEE The Council Appointee Performance Review Committee is composed of three Council Members, with the Director of Human Resources as an ex-officio member. The duties and purpose of the Committee shall be to assist the City Council in performance review of the City Council appointees and to insure that the appointee’s job descriptions are accurate and properly reflect current job duties in order to make recommendations to the Council to assist the Council in evaluating the job performance of the council appointees. Additionally, the Committee will make recommendations regarding employment agreements, including renewals, of council appointee positions. HOTEL OCCUPANCY TAX AND SPONSORSHIP COMMITTEE The Hotel Occupancy Tax and Sponsorship Committee is composed of three Council Members. The duties and purpose of the Committee shall be to monitor allocation and use of both the hotel occupancy tax and sponsorship funds, ensuring HOT funds are being used to directly enhance and promote tourism and the hotel/ convention industry, ensuring the sponsorship funds are being used to further a charitable cause, economic or community growth and serve a public purpose in the best interest of the general welfare of the City of Denton, and recommend organizations to receive funding to the City Council. MOBILITY COMMITTEE The Mobility Committee is composed of three Council Members. The duties and purpose of the Committee shall be to review, consider and make recommendations to the City Council regarding any changes to the Mobility Plan, local transportation policy, and any items concerning regional transportation policies and activities. EXTERNAL COUNCIL COMMITTEES COMMUNITY JUSTICE COUNCIL \[Inactive as of 06/03/2019\] The Community Justice Council is established according to Chapter 76 of the Texas Government Code. That Chapter indicates that a Justice Council has to be established as a prerequisite to establishing a community corrections facility. The Community Justice Council provides continuing policy guidance and direction for the development of criminal justice plans and community correction facilities and programs and conditions of community supervision. Among the members of the Justice Council is a council member of the most populous municipality in the County that the facility will serve. Membership: PENDING CONVENTION AND VISITOR BUREAU ADVISORY BOARD The Denton Convention & Visitor Bureau was initiated in 1976 by the Denton Chamber of Commerce to promote events and attractions, provide hospitality education, and ensure a positive experience to Denton visitors. It operates via an agreement between the City of Denton and the Denton Chamber of Commerce. The Advisory Board makes recommendations to the Chamber of Commerce Board of Directors. Membership: Must be three (3) elected officials, at least two of whom must also serve on the Hotel Occupancy Tax and Sponsorship Committee. DALLAS REGIONAL MOBILITY COALITION The Dallas Regional Mobility Coalition is a transportation advocacy group made up of cities, counties and transportation agencies in a five-county region (Dallas, Denton, Collin, Rockwall and Ellis) with a primary mission to advance critical mobility projects through advocacy efforts with state and federal elected officials and regional transportation agencies. The DRMC is governed by a 27-member board of directors representing cities, counties and transportation agencies in the greater Dallas area. It consists of seven members, one each from the cities of Carrollton, Garland, Grand Prairie, Irving, Mesquite, Plano and Richardson being either the Mayor or another elected official designated by the City Council; four members, designated by the Mayor of Dallas, being either two or three elected officials from the City of Dallas and one or two community leaders who are non-elected officials; four members, one each from Collin, Dallas, Denton, and Ellis County, being either the County Judge or another elected official designated by the County Judge; elected officials from those cities not represented in either of the first two categories; one community leader (non-elected official) appointed by the Dallas County Judge; four ex-officio members being the Texas Department of Transportation District 18 District Engineer, the Executive Director of the Texas Turnpike Authority, the Executive Director of the Dallas Area Rapid Transit Authority, the Staff Director of the Regional Transportation Council; and one business leader (non-elected official) appointed annually by the Legislative Coalition of the Dallas Area Chambers of Commerce. Membership: Must be the Mayor or another elected official. DCTA \[DENTON COUNTY TRANSPORTATION AUTHORITY\] BOARD The Denton County Transportation Authority is governed by a five (5) voting-member Board which includes a representative from Denton, Lewisville, Highland Village, and two members from Denton County serving two-year terms. Each member city is permitted to have a primary and alternate representative. Denton County is permitted to have two primary and two alternate representatives. The Board adopts the annual operating budget and is responsible for setting policy. Membership: Elected officials may serve as board members. Board members must have professional experience in the field of transportation, business, government, engineering or law. LAKE RAY ROBERTS PLANNING AND ZONING COMMISSION The Lake Ray Roberts Planning & Zoning Commission hears requests for zoning changes, special use permits, recreational park permits, sign permits, planned development applications and variances. The Mayor or his/her designee of each city for the territory extraterritorial jurisdiction of which includes any part of the Lake Ray Roberts lake area in the County. Membership: Must be the Mayor or his/her designee. NORTH TEXAS COMMISSION The North Texas Commission is a public-private partnership of businesses, cities, counties, chambers of commerce, economic development entities and higher education institutions dedicated to advancing the vibrancy of the North Texas region. The North Texas Commission provides the resources to carry out programs that benefit the entire region and to address regional problems and opportunities. Membership: Two members – currently the City Manager and Mayor. (PENDING) REGIONAL TRANSPORTATION COUNCIL The North Central Texas Council of Governments has served as the Metropolitan Planning Organization (MPO) for the Dallas-Fort Worth Metropolitan Area. The Regional Transportation Council is the independent transportation policy body of the Metropolitan Planning Organization. The RTC consists of 44 members which include local elected or appointed officials from the metropolitan area and representatives from each of the area's transportation providers. The RTC oversees the metropolitan transportation planning process. Membership: Must be elected officials. TEXAS MUNICIPAL POWER AGENCY The Board of Directors assists in establishing policies, setting regulations, and overseeing the administration and management of the agency as well as approving and auditing the budget. The City of Denton has two representatives serve on the Board of Directors. Membership: One member must be an elected official and historically, the City Council has always appointed a member of the Public Utilities Board. OTHER COUNCIL COMMITTEES AND BOARDS DEVELOPMENT CODE REVIEW COMMITTEE (AD HOC) The Development Code Review Committee is composed of three City Council members plus three Planning and Zoning Commissioners who participate as non-voting ex-officio members. The duties and purpose of the Committee shall be to review all proposed revisions to the Denton Development Code and make recommendation to the City Council regarding the proposed revisions. Membership: Per City ordinance, the Committee shall be comprised of three City Council members. ECONOMIC DEVELOPMENT PARTNERSHIP BOARD The Economic Development Partnership Board consists of twelve members: (1) two members from City Council at the time of their appointment, (2) two members from the Denton Chamber of Commerce Board of Directors at the time of their appointment who reside or work in the City, (3) two members who will be, or must be currently employed by a top 20 City of Denton ad valorem or sales tax payer and who reside or work in the City, (4) the President of UNT or his/her designee who does not have a city residency requirement; (5) the Chancellor and President of TWU or his/her designee who does not have a city residency requirement; (6) a member with knowledge or experience in general aviation-related matters with no financial interest at the Denton Enterprise Airport and who resides or works in the City, (7) a citizen of Denton with specific knowledge, skills and abilities to assist in the functions of the Economic Development Partnership Board; (8) a member nominated by the Denton Black Chamber of Commerce Board of Directors who resides or works in the City; (9) a member nominated by the Denton Hispanic Chamber of commerce who resides or works in the City. The City Manager, or his designee, the President of the Chamber, and the Superintendent of the Denton Independent School District, will serve as ex-officio members of the Board. The Board provides economic development policy guidance and makes recommendations to the City Council and Chamber of Commerce; reviews, considers and makes recommendations to the City Council regarding marketing and branding for the Denton Enterprise Airport; reviews, considers and makes recommendations to the City Council regarding Denton Enterprise Airport incentive policies as assigned by the City Council or requested by the City Manager; and acts as a recommending body to the City Council for specific airport economic development incentives as assigned by the City Council or requested by the City Manager and permitted by City and State law. Membership: Per City ordinance, two members of the Board shall be City Council members. DOWNTOWN DENTON TAX INCREMENT FINANCING REINVESTMENT ZONE BOARD The Downtown Denton Tax Increment Financing Reinvestment Zone Board is composed of seven members: two City Council members, two are either property owners of property located within the Tax Increment Reinvestment Zone or residents whose primary residence is located within the Tax Increment Reinvestment Zone, two are either business owners of businesses located within the Tax Increment Reinvestment Zone or members of the Denton Chamber of Commerce Board of Directors, and one a qualified voter of the City of Denton. The Board makes recommendations to the City Council concerning the administration of the Zone; prepares and adopts a project plan and Tax Increment Financing Reinvestment Zone financing plan for the Zone and submits the plans to the City Council for approval; prepares, implements and monitors such project and financing plans for the Tax Increment Financing Reinvestment Zone as the City Council considers advisable including the submission of an annual report on the status of the Zone. Membership: Per City ordinance, two members shall be City Council members. TAX INCREMENT REINVESTMENT ZONE NUMBER TWO BOARD The Tax Increment Reinvestment Zone Number Two Board consists of fourteen members: twelve members of the Economic Development Partnership Board, one member appointed by the governing body of Denton County, and one member appointed by the “developer”, Rayzor Investments, LLP. The Board makes recommendations to the City Council concerning the administration of the Zone; prepare and adopt a project plan and Tax Increment Reinvestment Zone financing plan for the Zone and submit the plans to the City Council for approval; prepare, implement and monitor such project plan and financing plan for the Zone as the Council considers advisable, including the submission of an annual report on the status of the Zone. Membership: Per City ordinance, board membership consists of members of the EDP Board, of which two members shall be City Council members. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1230,Version:1 AGENDA CAPTION Receive a report and hold a discussion regarding the Solid Waste Fiscal Year 2019-20 Operating and Capital Budget. City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Receive a report and hold a discussion regarding the Solid Waste 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 Council the Solid Waste FY 2019-20 Operating and Capital Budget which includes a proposal to maintain existing residential rates. In addition, the budget includes a proposal to change the structure of the appropriable fund balance, creating a clear separation of the Operating Fund Reserve, and the Vehicle Replacement Fund. The new structure will increase transparency of the reserve funds and is consistent with the other City Utilities. In 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 Solid Waste Operating and Capital Budget with the City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on April 22, 2019 ESTIMATED SCHEDULE OF PROJECT Adoption of the budget is scheduled for September 17, 2019 EXHIBITS 1.Agenda Information Sheet 2.FY 2019-20 Budget Book 3.FY 2019-20 Budget Presentation Respectfully submitted: David Gaines, 349-8260 Director of Finance Prepared by: Nicholas Vincent, 349-8063 Budget Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1381,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and provide staff direction regarding the impact of H.B. 1631 on the City of Denton’s operation of a photographic traffic signal enforcement system. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Office CM: Todd Hileman DATE: June 11, 2019 SUBJECT Receive a report, hold a discussion, and provide staff direction regarding the impact of H.B. 1631 on the City of BACKGROUND On December 7, 2004, the City of Denton adopted Ordinance 2004-389 adopting portions of Chapter 707 of the Texas Transportation Code authorizing a photographic traffic signal enforcement (red-light camera) system. This authorization was amended on August 21, 2007, by Ordinance 2007-169. On November 15, 2005, the City Council authorized the City Manager to enter into a contract with Redflex Traffic - system. The contract was amended on July 21, 2009, allow for an additional five (5) year contract term, with the option for two additional five (5) year extensions. The City exercised the first extension in 2014 and would be eligible to exercise the second extension on or before July 20, 2019. House Bill 1631 became effective on June 2, 2019. This bill amends the Transportation Code to prohibit local authorities, including municipalities, from operating a photographic traffic signal enforcement system, or red-light camera. If a city entered into a contract for the administration and enforcement of a red-light camera prior to May 7, 2019, the City may continue to operate the system until the end of the contract term. H.B. 1631 contains a provision allowing a city to continue to operate a system until the end of the contract term if the city entered into a contract for the administration and enforcement of a red-light camera system prior to May 7, 2019. However, this provision does not apply to any City whose contract language authorizes the termination of the contract on the basis of adverse state legislation. The City of Denton contract with Redflex Traffic Systems, while in effect on May 7, 2019, contains language allowing the termination of the contract based on adverse state legislation. As a result, the will no longer have the legal authority to operate a red-light camera system after the June 1, 2019. DISCUSSION Based on Council feedback, staff will provide additional information relating to the red-light camera system in the work session presentation. All red-light cameras within the City of Denton were disconnected from power by June 5, 2019. All signs relating to the cameras were removed by June 7. Redflex has communicated to the City that the internal equipment will be removed by June 14, with poles and casings being removed within 60 days. Once the cameras are removed, Redflex will return the site to its original condition. To expedite the process, Redflex has indicated they would consider allowing to the removal of the poles and casings by City staff; however, further discussions are needed. This equipment would be stored by the City until Redflex is able to take possession of it. This action would require an agreement to be approved by the City Council on June 18 at the earliest. Agenda Information Sheet April 23, 2019 Page 2 Staff will also present financial information relating to the red-light camera system. After program costs and payments to Redflex are deducted from gross citation collections, the net revenue is split between the State of Texas and the City of Denton. In FY 17-18, the City of Denton received $520,515.81. In the first six months (October to March) of FY 18-19 the City received $321,091.35. Outstanding citations represent an additional revenue potential revenue source. The following table summarizes all outstanding citations: While H.B. 1631 ended the issuance of citations beginning June 2, the City has two options with regard to outstanding citations. The first option is to enter into an agreement with Redflex to accept payments and provide general customer services such as responding to inquiries and coordinating appeals for any citations issued prior to June 2. A three-month agreement would cost the City $94,965. A question was raised in the June 3 Work Session of whether our collections from outstanding tickets could fund a supplementary contract with Redflex. Historically, the City observes a 60% collection rate on all tickets. With the passage of H.B. 1631, the City expects the collection rate to drop significantly. For the City to break even on its costs for the Redflex supplementary contract, a collection rate of 25% will need to be observed. The second option is to dismiss all outstanding citations. This option can be accomplished if desired, though the City would need to take several steps, including setting up an informational phone line, to ensure responsiveness to any inquiries related to outstanding citations. With this option, Redflex would direct any inquiries to the City. PRIOR ACTION/REVIEW On December 7, 2004, the City of Denton adopted Ordinance 2004-389 authorizing a photographic traffic signal enforcement (red-light camera) system. This authorization was amended on August 21, 2007, by Ordinance 2007- 169. On June 3, 2011, the City Council received a work session update on the impact of H.B. 1631 EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Respectfully submitted: Ryan Adams Deputy Director of Public Services/IGR City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1351,Version:1 AGENDA CAPTION DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode Section 551.086; Consultation with Attorneys - Under Texas Government Code Section 551.071. DiscussanddeliberatestrategiesandopportunitiesfortheCitytoacquirerenewableenergyandenergystorage, andenterintoagreementsregardingthesame,includingpotentialpowerpurchaseagreementswithrespondents totheCity’srequestsforproposalsregardingtheseproducts;receiveapresentationfromstaffregardingpublic powercompetitiveandfinancialmatterspertainingtothepurchaseofsolarenergy;consultationwiththeCity's attorneysregardinglegalissuesassociatedwiththeagreementsdescribedabovewherediscussionoftheselegal mattersinanopenmeetingwouldconflictwiththedutyoftheCity'sattorneystotheCityofDentonandthe Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1196,Version:1 AGENDA CAPTION ConsideradoptionofanOrdinanceoftheCityofDentonauthorizingtheCityManager,ordesignee,toexecute aconfidentialityandnon-disclosureagreementbetweentheCityandAllegroDevelopmentCorporation; providing for a severability clause; and providing for an effective date. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric CFO: Antonio Puente, Jr. DATE: June 11, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the City Manager, or designee, to execute a confidentiality and non-disclosure agreement between the City and Allegro Development Corporation, (“Allegro”), providing for a severability clause and an effective date. BACKGROUND The City, for its electric utility department, Denton Municipal Electric (“DME”), solicited proposals for an electronically based Energy Trading and Risk Management ("ETRM") solution for which Allegro is a respondent. DME desires to examine and have Allegro conduct detailed demonstrations of its risk management solutions product. Allegro considers portions of its product proprietary and commercially sensitive. Therefore, it is a condition to the disclosure of such information by Allegro that this Agreement be executed prior to sharing and discussing detailed data and information, and to ensure that any information that Allegro considers proprietary and commercially sensitive will be kept as confidential. RECOMMENDATION Staff recommends approval of the attached Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utility Board reviewed this item on June 10, 2019. FISCAL INFORMATION Neither the Ordinance nor the Confidentiality and Non-Disclosure Agreement obligates DME to make product purchases or other financial commitments. Financial obligations, if any, will be evidenced in one or more future agreements that will be presented to the City Council for approval. EXHIBITS 1.Agenda Information Sheet 2.Ordinance (agreement attached) Respectfully submitted: Smith L. Day Regulatory & Risk Division Manager Prepared by: Smith Day City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1203,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionnominatingSueTejmltoaslateofnomineesfortheBoardofManagersof the Denco Area 9-1-1 District; and declaring an effective date. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: ACM: Sara Hensley DATE: June 11, 2019 SUBJECT Consider approval of a resolution nominating Sue Tejml to a slate of nominees for the Board of Managers of the Denco Area 9-1-1 District; and declaring an effective date. BACKGROUND The Denco Area 9-1-1 District was created in 1987, and is governed by a board of managers appointed by the County, participating cities, and the Denton County Fire Chief's Association. Each year, the term of one of the two members appointed by participating municipalities expires. This year, the term of Ms. Sue Tejml, Mayor of Copper Canyon, expires on September 30, 2019. Members are eligible for consecutive terms. Mayor Tejml has expressed her desire to serve another term. Board members serve in two-year staggered terms and are eligible for reappointment. On April 5, 2019 (Exhibit 2 Informal Staff Report) and May 17, 2019 (via Friday Staff Report), staff notified the City Council of the upcoming nomination process and requested that candidate names be sent to staff. Each participating municipality is allowed a single candidate for the slate of nominees. submitted as a candidate for consideration. is provided as Exhibit 3. Upon receipt of the candidates, the District will send the full slate of nominees to each participating municipality for a formal vote on a nominee. Staff anticipates a formal vote to be held in August 2019. EXHIBITS Exhibit 1 - Agenda Information Sheet Exhibit 2 - Informal Staff Report April 5, 2019 Exhibit 3 - Resume Sue Tejml Exhibit 4 - Resolution Respectfully submitted: Rachel Wood Chief of Staff INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: DISCUSSION: by May 16, 2019 ATTACHMENTS STAFF CONTACT: DENCO Area 9-1-1 Board of Directors Jack Miller (Denton County Commissioners Court Representative) Sue Tejml (Participating Cities Representative) Terry McGrath (Denton County Fire Chiefs Association Representative) Bill Lawrence (Denton County Commissioners Court Representative) Jim Carter (Participating Cities Representative) Rob McGee (Verizon Advisory Representative) Sue Rosson Tejml stejml@aol.com Cell: 940-368-1085 835 Orchid Hill Lane, Argyle-Copper Canyon, TX 76226-4526 Photo: March 2019, photographer Bill Castleman PERSONAL: Native Texan; Copper Canyon resident 28 years Married to Emil Tejml 50 years plus (engineer & attorney) (In case you wondered, his Czech name is pronounced TAY mull.) Three adult children, seven grandchildren With corporate moves, we have lived in 4 states, 6 Texas cities, worked abroad Stay-at-home mother, until I became an attorney at age 40. EDUCATION: University of Texas at Austin (B.A. History) Texas A&M University at Kingsville (M.A. History) Rice University (full scholarship for PhD History, lack dissertation for degree) New York University Law School: 2 years, Top 10 American Law Schools) University of Houston Law School (LL.B.) th MAYOR: Town of Copper Canyon for 14 years; re-elected unopposed 7 term 2017-2019 2004 Master Plan: Maintained Rural Feeling of Town north of FM 407 Town Center! MINIMUM ONE ACRE home lots 15 years! 42% Town is Ag Exempt with fields, trees! For 14 years I have personally written this Monthly the Cross Timbers Gazette, a local newspaper with 47,000 circulation. (Second in circulation in Denton County only to the Dallas Morning News.) My attempt to keep residents informed of events in our Town and subjects of general interest in our area roads, water, gas well drilling, etc. Transparency is always my primary goal! Argyle Volunteer Fire District Board (Served 14 years, 2005 to present) Denton County Emergency Services District #1 Our adequately fund emergency services. on the benefits of an ESD. The ESD would collectively provide fire and emergency medical services to the towns of Argyle, Bartonville, Copper Canyon, Corral City, Northlake, and FWSD #6 and #7 in Lantana. But a specific property tax would be needed to fund it. ESD#1 was created in 2006 by a 62% positive vote in a district-wide election over 65 square miles. Neighborhood Watch and Crime Prevention Copper Canyon does not have a police department. Resident Block Captains were recruited for each street in town. Our Town Council contracted with Denton County Sheriff for Deputies dedicated to Copper Canyon. Every shift the Deputies drive each street in Copper Canyon and provide Rush Hour Traffic Patrol. Result is virtually crime free community for past decade! Dallas Morning News: Copper Canyon one of 10 Best Communities in DFW Metroplex! Spring 2016. Town rated #6 for safety a prime concern for all individuals and families! Maintained Same Low Tax Rate for Last 6 Years: .297505 includes road bond. Under spend budget each fiscal year. Roll budget surplus into Road Fund or Crime Prevention Fund. 2009 Road Taskforce: One person from almost every road in Town. Town wide election approves $2.5 million bond to rebuild 90% of 25-35 year old asphalt interior residential roads. Standard & Poors rating AA- (now AA+.) County funds $14 million to rebuild perimeter commuter roads in concrete: Copper Canyon Rd, Orchid Hill Ln, Chinn Chapel Rd Drafting Committee: 2010 A collaborative effort of Mayors, Denton County Commissioners, and Texas Pipeline Association. Goal was to expedite safe pipeline construction, but with a minimal impact on landowners, local businesses, and future development plans of each city. Initiated Annual Denton County Mayors Crime Luncheon: 7 years (2012-2019) Goal was to coordinate information on area crime between the Mayors, their Police Chiefs, , Commissioners Court, Legislative representatives, Congress- man Michael Burgess. CoServ Co-Sponsors this annual event with food & financial funds! DENCO 911: Vice Chair Board of Managers, 6 years (2013-2019.) Elected 3 terms by major majority of 32 Denton County city members. Personally update 8 city councils each year on 911. NENA - National Emergency Number Association: Attended 5 Texas & 5 National Conferences. LEGAL: Solo Attorney 15 years: General Civil Practice - municipal, family law, oil & gas Matagorda County Bar Association - President, State Bar - CLE Committee, District 5 Admissions, Bar Foundation Life Member FAMILY LAW: State Bar Board Certified in Family Law (10 years) Texas Supreme Court: Committees on Child Support Guidelines and on Child Visitation Guidelines MUNICIPAL: Bay City, Texas: City Attorney (6 years) Population approx. 18- 20,000 Municipal Prosecutor & Legal Advisor to Police Department Home Rule Charter: City wide elected Public Office, Co-Chairman VOLUNTEER: CASA - Court Appointed Special Advocate for Abused Children Denton County - Gave $10,000 for new Office INTERESTS: Home Design: Designed 5 of our family homes, including in Copper Canyon Misc.: Computer, cooking, dollhouse miniatures, hunting, organic gardening Read: Biography, history, current global events Selected for EisenhowePeople to People Ambassador Texas Representative to China Department of Justice one-month tour for 50 USA American women attorneys & judges. Visited for a week to month each: Alaska, Australia, Bermuda, Beirut, Canada, China, Czech Rep., England, France, Germany, Greece, Hawaii, Ireland, Italy, Japan, Mexico, Romania, Russia, Saudi Arabia, Scotland, Singapore, South Korea, Switzerland, Tahiti, Turkey, Venezuela, Wales. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1217,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theapprovalofathirdamendmenttoaProfessionalServicesAgreementbetweentheCityofDentonand Deloitte&Touche,LLP,amendingthecontractapprovedbyPurchasingonMay25,2017,inthenot-to-exceed amountof$26,000,amendedbyAmendments1and2approvedbytheCityManagerandCityCouncil,said thirdamendmenttoprovideprofessionalservicesrelatedtotheassessmentoftheEnergyManagement OrganizationforDentonMunicipalElectric;providingfortheexpenditureoffundstherefor;andprovidingan effectivedate(File6469-providingforanadditionalthirdamendmentexpenditureamountnot-to-exceed $192,500, with the total contract amount not-to-exceed $423,500). City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a third amendment to a Professional Services Agreement between the City of Denton and Deloitte & Touche, LLP, amending the contract approved by Purchasing on May 25, 2017, in the not-to-exceed amount of $26,000, amended by Amendments 1 and 2 approved by the City Manager and City Council, said third amendment to provide professional services related to the assessment of the Energy Management Organization for Denton Municipal Electric; providing for the expenditure of funds therefor; and providing an effective date (File 6469 providing for an additional third amendment expenditure amount not-to-exceed $192,500, with the total contract amount not-to-exceed $423,500). INFORMATION /BACKGROUND T) to perform an independent assessment of the estimated savings and model of the Energy Management Organization, an in-house division of perform all required scheduling, regulatory, and settlement activities. A goal of implementing the EMO was to achieve cost savings compared to outsourcing the function to a third party, as had been done previously. Deloitte performed a retrospective assessment of the savings calculations and model used by the EMO for FY 2015 and FY 2016. Deloitte presented their findings to the Public Utilities Board on September 11, 2017 and to the City Council on September 12, 2017. Below is a brief summary of the findings that were presented: The model validation and calculation re-performance identified only small differences in the cost savings as reported by DME and re-performed independently by D&T. The two main drivers in the cost savings are (1) the heat rate and (2) the ancillary services cost. Both were quoted by the previous outsourced counterparty. o There are two elements of the heat rate that when further analyzed result in a reduction in savings of between $6 and $7 million per year. At an initial estimate of $12 to $13 million of savings per year, that results in a revised savings of approximately $6 million per year. The two elements are: Using an around-the-clock heat rate vs. an on-peak heat rate Using a thorough historical analysis rather than relying on a single data point o The ancillary services and QSE costs account for more than $3 million per year in cost savings when compared to the actual ancillary services and QSE cost incurred by the EMO. D&T reviewed the EMO costs and identified some potential costs that may not have been considered during the creation, implementation and operation of the EMO, including governance costs, costs due to potential personnel gaps, and data, license, software and systems costs. Deloitte further performed a retrospective analysis and assessment of the EMO Model that included: FY 2017 Benchmark Analysis: An analysis of alternative benchmark calculations to be used in the cost savings calculation. EMO Risk Assessment: Acapabilities and risk management activities. On December 11 and 12 of 2017, Deloitte presented their report to the Public Utilities Board and City While a number of recommendations were made by Deloitte and staff has been working to implement those Policy and the replacement of the Energy Trading and Risk Management (ETRM) system. Staff is pleased to inform you that the Risk Management Policy has been revised and adopted, and staff is currently evaluating proposals for a replacement ETRM. As part of our ongoing process to improve transparency and accountability within DME and its EMO operation, staff is proposing to re-engage Deloitte for additional services which include: 1. FY 2018 Benchmark Analysis. 2. Review of the Implementation Status of Previous EMO Risk Management Recommendations. 3. Provide Quarterly Support to the Risk Management Committee. The three tasks outlined above are further detailed in the scope, approach and assumptions section of the attached Statement of Work from Deloitte. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) September 12, 2017 Deloitte presented their assessment of the cost savings model for the EMO for FY 2015 and FY 2016 at the September 12, 2017 City Council meeting. September 11, 2017 Deloitte presented their assessment of the cost savings model for the EMO for FY 2015 and FY 2016 at the September 11, 2017 Public Utilities Board meeting. On October 10, 2017, Council approved Amendment No. 2 with Deloitte & Touche, LLP, in the not-to- exceed amount of $145,000 (Ordinance 2017-289). December 11, 2017 Deloitte presented their FY 2017 Benchmark Analysis and EMO Risk Assessment for FY 2017 to the Public Utilities Board. December 12, 2017 Deloitte presented their FY 2017 Benchmark Analysis and EMO Risk Assessment for FY 2017 to the City Council. On June 10, 2019, this item will be presented to the Public Utilities Board for recommendation to the City Council for consideration. RECOMMENDATION Award Amendment No. 3 with Deloitte & Touche, LLP, for professional services related to the assessment of the Energy Management Organization for Denton Municipal Electric, in an amount not-to-exceed $192,500, with the total contract amount not-to-exceed $423,500. PRINCIPAL PLACE OF BUSINESS Deloitte & Touche, LLP Parsippany, NJ ESTIMATED SCHEDULE OF PROJECT It is estimated that the services described in the scope of work could take approximately six (6) weeks to accomplish and quarterly support to the Risk Management Committee will be ongoing for the next year (4 quarters). The agreement is planned for consideration at the June 11, 2019 City Council meeting. Deloitte expects that they could begin work within two (2) weeks of Council approval. FISCAL INFORMATION These services will be funded from account 160099.7808. Purchase Order # 181607 will be revised in the amount of $192,500 to include the third amendment upon approval. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Original Contract and Amendments Exhibit 3: Presentation Dec 11 & 12, 2017 Exhibit 4: Ordinance and Amendment Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Antonio Puente, Jr. at 940-349-7283. Legal point of contact: Mack Reinwand at 940-349-8333. DocuSign Envelope ID: F3E32C78-946E-43E9-BC3F-DEB718F2BCF0 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ /ƚƓƷƩğĭƷ ğƌǒĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: F3E32C78-946E-43E9-BC3F-DEB718F2BCF0 THE STATE OF TEXAS § § COUNTY OF DENTON § SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DELOITTE & TOUCHE, LLP CONTRACT NO. 6469 THIS SECOND AMENDMENT TO CONTRACT NO. 6469 (“Amendment”) by and between the City of Denton, Texas (“City”) and Deloitte & Touche, LLP (“Consultant”); The original Agreement provided by Deloitte & Touche, LLP for professional services related to Agreement for Denton Municipal Electric (“DME”) and Energy Management Operations (“EMO”) Analysis, as is contained in Contract # 6469. The initial agreement for the Basic Services was approved on May 25, 2017, in the not-to-exceed amount of $26,000. The first amendment for additional assessment services was approved on July 26, 2017, in the not-to-exceed amount of $60,000. The CITY deems it necessary to further expand the professional services provided by CONSULTANT to the CITY; NOW THEREFORE, 1.“ARTICLE II, SCOPE OF SERVICES” of the Agreement is hereby amended to read as follows: C.“CONSULTANT shall perform all those services set forth in the individual task orders as described in Exhibit“1”–Statement of Work, Drafted: September 11, 2017, which shall be attached to this Agreement and made a part hereof. 2.“ARTICLE V, COMPENSATION, B. BILLING AND PAYMENT” of the Agreement is hereby amended to read as follows: “BILLING AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail shown in Exhibit “A” – Engagement Fees and Exhibit “1” – Statement of Work, Drafted: September 11, 2017, which are attached hereto and made a part of this Agreement as if written word for word herein, a total fee not to exceed $231,000.” PSA 6469 – Amendment No. 2 Page 1 of 2 DocuSign Envelope ID: F3E32C78-946E-43E9-BC3F-DEB718F2BCF0 All other provisions of the contract, as heretofore amended, remain in full force and effect. IN WITNESS WHEREOF, the CITY and the CONSULTANT, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date _________________________. “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: __________________________________ TODD HILEMAN CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, INTERIMCITY ATTORNEY By: ___________________________________ “CONSULTANT” Deloitte & Touche, LLP ALimited Liability Partnership By: _________________________________ AUTHORIZED SIGNATURE, TITLE PSA 6469–Amendment No. 2 Page 2of 2 DocuSign Envelope ID: F3E32C78-946E-43E9-BC3F-DEB718F2BCF0 Exhibit 1 STATEMENT OF WORK, DRAFTED: September 11, 2017 This Statement of Work is to confirm the engagement of Deloitte & Touche LLP (“Consultant” or “we” or “our”) to provide City of Denton (the “Owner” or “you”) with analysis and recommendations in support of establishing Denton Municipal Electric’s (“DME”) the FY 2017 Energy Management Organization (“EMO”)cost savings benchmark (the “Services”). The engagement is subject to the terms of the Professional Services Agreement for DME’s EMO (designated by Client as File 6469) to which this Exhibit A is attached and made a part thereof. SCOPE, APPROACH, AND ASSUMPTIONS The nature of the Services that the Consultant is to perform for the Owner can be broken into the following tasks: Task 1: FY 2017 benchmark cost analysis Task 2: EMO capability maturity assessment The scope of work will focus on helping the Owner and DME establish a benchmark for FY 2017 that is representative of the capabilities of the EMO. The approach to providing these services includes: Task 1 Key Activities: Assess the appropriateness of different methodologies for calculating the FY2017 cost savings, including the following: o A benchmark method initially identified by DME for FY 2017: 3.5 heat rate adder over the DAM ERCOT index for energy o A benchmark method based on the following approach – Compare actual performance to the market forwards as of a particular date for the energy component Identify the advantages and disadvantages between benchmark different options Recommend an option going forward for the City and DME’s consideration Deliverables Executive summary of analysis, results and recommendation The advantages and disadvantages of the different benchmark options A recommendation on the appropriate benchmark to use in the cost savings calculation Duration and Fees: Approximately 3 weeks and 150 hours $35,000, inclusive of travel DocuSign Envelope ID: F3E32C78-946E-43E9-BC3F-DEB718F2BCF0 Task 2: Key Activities Gain an understanding of DME’s current energy risk management governance structure, control activities, resources and technology, including the possible risks assumed by DME with the creation of the EMO Interview specific Owner and DME personnel involved in the execution of the EMO program in order to develop an in-depth understanding of EMO’s existing activities. Identify potential gaps and develop recommendations utilizing our proprietary Capability Maturity Model Review our findings and recommendations with appropriate Owner and DME personnel Advise DME management in their preparation for specific stakeholder discussions (e.g. Board of Directors, senior management, City Council) to gain agreement and consensus on their desired future state program Deliverables: Risk Assessment Executive Summary Detailed Assessment Findings Advice and recommendation on the potential enhancement for EMO’s consideration to help achieve the desired future state and/or close identified gaps Duration and Fees: Approximately 5 weeks and 400 Hours $110,000 inclusive of travel ACKNOWLEDGMENTS AND AGREEMENTS Substantial and meaningful involvement of key stakeholders in the risk assessment and risk identification process of the Company is critical to the success of this engagement. The Company shall be responsible for ensuring that the identified Company personnel actively participate in both the planning and execution of this engagement. The Services will not constitute an engagement to provide audit, compilation, review, or attestation services as described in the pronouncements on professional standards issued by the AICPA, the Public Company Accounting Oversight Board, or other regulatory body and, therefore, we will not express an opinion or any other form of assurance as a result of performing the Services. Consultant will not make any management decisions, perform any management functions, or assume any management responsibilities. Observable inputs such as market data shall be provided by the Owner or agreed with Owner for use in the assessment The Services will be performed in accordance with the Statement on Standards for Consulting Services issued by the American Institute of Certified Public Accountants (AICPA). DocuSign Envelope ID: F3E32C78-946E-43E9-BC3F-DEB718F2BCF0 TIMETABLE Based on our experience delivering similar engagements, we believe that the services described can be provided in approximately six (6) weeks. ENGAGEMENT FEES The estimated fees for this engagement are estimated not to exceed $145,000 inclusive of travel, based on the following rates and approximately 550 hours: Resource Level Hourly Rate Partner, Principal, Managing $445 Director Senior Manager $415 Manager $380 Senior Consultant $330 Consultant $280 US India Senior Consultant $91 Certificate Of Completion Envelope Id: F3E32C78946E43E9BC3FDEB718F2BCF0Status: Completed Subject: City Council Docusign Item - 6469 Amendment No. 2 Source Envelope: Document Pages: 6Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 0Cindy Alonzo AutoNav: EnabledCynthia.Alonzo@cityofdenton.com EnvelopeId Stamping: EnabledIP Address: 10.102.101.11 Time Zone: (UTC-08:00) Pacific Time (US & Canada) Record Tracking Status: OriginalHolder: Cindy AlonzoLocation: DocuSign 10/5/2017 7:54:05 AM Cynthia.Alonzo@cityofdenton.com Signer EventsSignatureTimestamp Cindy AlonzoSent: 10/5/2017 8:13:58 AM Completed cynthia.alonzo@cityofdenton.comViewed: 10/5/2017 8:14:08 AM BuyerSigned: 10/5/2017 8:16:34 AM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephen K. Engler | Deloitte & Touche, LLPSent: 10/5/2017 8:16:36 AM sengler@deloitte.comViewed: 10/5/2017 8:24:28 AM Managing DirectorSigned: 10/5/2017 8:25:59 AM Security Level: Email, Account Authentication Using IP Address: 74.217.93.209 (Optional) Electronic Record and Signature Disclosure: Accepted: 10/5/2017 8:24:28 AM ID: 95cb2d12-ed19-49ff-9687-bc7ea727deee Jennifer DeCurtisSent: 10/5/2017 8:26:02 AM jennifer.decurtis@cityofdenton.comViewed: 10/5/2017 9:19:43 AM Deputy City AttorneySigned: 10/5/2017 9:20:05 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Julia WinkleySent: 10/5/2017 9:20:07 AM Completed julia.winkley@cityofdenton.comViewed: 10/10/2017 3:34:20 PM Contracts Administration SupervisorSigned: 10/10/2017 3:34:53 PM Using IP Address: 129.120.6.150 City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Todd HilemanSent: 10/10/2017 3:34:56 PM todd.hileman@cityofdenton.comViewed: 10/10/2017 4:38:50 PM City ManagerSigned: 10/10/2017 4:39:01 PM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Signer EventsSignatureTimestamp Accepted: 7/25/2017 9:02:14 AM ID: 57619fbf-2aec-4b1f-805d-6bd7d9966f21 Jennifer WaltersSent: 10/10/2017 4:39:02 PM jennifer.walters@cityofdenton.comViewed: 10/16/2017 9:39:41 AM City SecretarySigned: 10/16/2017 9:40:12 AM City of Denton Using IP Address: 129.120.6.150 Security Level: Email, Account Authentication (Optional) 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 Julia WinkleySent: 10/5/2017 8:26:01 AM julia.winkley@cityofdenton.comViewed: 10/5/2017 8:30:12 AM Contracts Administration Supervisor City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 10/5/2017 8:26:01 AM sherri.thurman@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 10/10/2017 3:34:55 PM jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Robin FoxSent: 10/10/2017 3:34:55 PM Robin.fox@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy EventsStatusTimestamp Jennifer BridgesSent: 10/16/2017 9:40:14 AM jennifer.bridges@cityofdenton.com Procurement Assistant City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane RichardsonSent: 10/16/2017 9:40:15 AM jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sarah KuechlerSent: 10/16/2017 9:40:16 AM sarah.kuechler@cityofdenton.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tim Metts | Deloitte & Touche LLPSent: 10/16/2017 9:40:17 AM tmetts@deloitte.com Security Level: Email, Account Authentication (Optional) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted10/16/2017 9:40:17 AM Certified DeliveredSecurity Checked10/16/2017 9:40:17 AM Signing CompleteSecurity Checked10/16/2017 9:40:17 AM CompletedSecurity Checked10/16/2017 9:40:17 AM 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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Denton Municipal Electric 1659 Spencer Rd., Denton, TX 76205 (940) 349-8487 MEMORANDUM DATE: December 7, 2017 TO: Todd Hileman, City Manager FROM: George Morrow, General Manager -- DME SUBJECT: Over the past several months, DME staff members have provided documentation and information to Deloitte to assist them in assessing DMEs Energy Management Organization (EMO). A key objective of this exercise was to develop recommendations to enhance the effectiveness of the EMO business unit from a risk management standpoint. As General Manager of DME, I have reviewed and offer the following comments. As I undertake my own assessment of the EMO operation, Deloitteme with a roadmap for making early, high value enhancements to the EMO. It is my intention to implement all recommendations to the greatest extent possible and to report their status periodically to the City Manager and, per his direction, to the Public Utility Board and City Council. From my discussions with the EMO leadership, I learned that many efforts are already underway to address key Deloitte findings and to prioritize future action items. On items we are not currently addressing, I will be working with staff to initiate such improvements as early as practicable. Risk Management Policy. In this regard, I plan to complete a Risk Management Policy update over the next sixty days and will seek PUB and City Council review and approval shortly thereafter. During this period, I also plan to work closely with Deloitte to develop a risk profile for the energy trading operation to ensure that DME has a market risk strategy consistent with a not-for-profit publicly owned electric utility. Other high priority recommendations of the Deloitte review team relate to trade capture, energy portfolio valuation, risk measurement/assessment and internal reporting. From all indications, the existing DME system used for this purpose is not capable of consistently performing these duties due to increased market/trade complexities. Staff has proposed an Energy Trading and Risk Management (ETRM) system replacement Deloitte has also OUR CORE VALUES Integrity Fiscal Responsibility Transparency Outstanding Customer Service identified this item as a high priority. I am currently assessing the replacement ETRM system and will be making a recommendation on how to proceed forward shortly. In conclusion, I want to thank the Deloitte and EMO teams for their hard work to advance conclusion that no major flaws exist in the EMO operation that cannot be rectified. I hope to operations organization over the next several months. I am looking forward to zealously overseeing the needed EMO improvements. George F. Morrow General Manager -- DME 2 DocuSign Envelope ID: 8D98F25E-4AFB-4849-A216-25B5278A2A60 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 8D98F25E-4AFB-4849-A216-25B5278A2A60 THIRD AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND DELOITTE & TOUCHE LLP PSA 6469 THE STATE OF TEXAS § COUNTY OF DENTON § THIS THIRD AMENDMENT TO CONTRACT 6469 (by and between the City of Denton, and Deloitte & Touche LLP Consultant); to that certain contract executed on May 25, 2017, in the original not-to-exceed amount of $26July 26, 2017 in the additional amount of $60,000 aggregating a not-to-exceed amount of $86 amended on October 10, 2017 in the additional amount of $145,000 aggregating a not-to- exceed amount of $231,0 Agreement, the First Amendment, and professional consulting services regarding an assessment of the Energy Management Organization for Denton Municipal Electric. WHEREAS, the City deems it necessary to further expand the services provided by Consultant to the City pursuant to the terms of the Agreement, and to provide an additional not-to-exceed amount $192,500 with this Third Amendment for an aggregate not-to- exceed of $423,500. FURTHERMORE, the City deems it necessary to further expand the goods/services provided by CONSULTANT to the City; NOW THEREFORE, the City and Consultant (hereafter collectively referred to as the good and valuable considerations, do hereby AGREE to the following Third Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. Third Amendment, attached hereto and incorporated herein for all purposes, for professional services related to the assessment of the Energy Management Organization for Denton Municipal Electric, are hereby authorized to be performed by Consultant. For and in consideration of the additional services to be performed by Consultant, the A this Third Amendment, a total fee, including reimbursement for non-labor expenses an amount not to exceed $192,500. Page 1 of 2 DocuSign Envelope ID: 8D98F25E-4AFB-4849-A216-25B5278A2A60 2. This Amendment modifies the Agreement amount to provide an additional $192,500 for the additional services with a revised aggregate not to exceed total of $423,500. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Consultant, have each executed this Amendment electronically, by and through their respective duly authorized representatives and officers on this date _________________________. CITY OF DENTON, TEXAS DELOITTE & TOUCHE LLP A Texas Municipal Corporation By: By: _________________________________ _________________________________ TODD HILEMAN, CITY MANAGER AUTHORIZED SIGNATURE, TITLE ATTEST: APPROVED AS TO LEGAL FORM: ROSA RIOS, CITY SECRETARY AARON LEAL, CITY ATTORNEY By: By: _________________________________ _________________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT Page 2 of 2 DocuSign Envelope ID: 8D98F25E-4AFB-4849-A216-25B5278A2A60 Deloitte & Touche LLP 100 Kimball Drive Parsippany, NJ 07054-2176 Exhibit A STATEMENT OF WORK validation services and an assessment of and recommendations in support of Denton EMO capability maturity assessment performed in 2017. The engagement is subject to the terms of the Professional Services Agreement for Denton Municipal Electric made a part thereof. SCOPE, APPROACH, AND ASSUMPTIONS The nature of the Services that the Consultant is to perform for the Owner can be broken into the following tasks: Task 1: FY 2018 benchmark cost analysis assessment and validation of the cost saving model he Energy inputs and calculations in the model, but also the process supporting the use of the model. D&T will approach the Services based on the following approach: (1) Retrospective assessment for FY 2018. Task 2: Review EMO risk management recommendations implementation status an assessment performed in 2017. Task 3: Quarterly Risk Management Committee support a quarterly ongoing assessment of energy and hedge positions. The scope of the work will focus on providing risk analytics Adviso Task 1: FY 2018 benchmark cost analysis Assess the FY 2018 model's inputs, exclusions, and assumptions based on the following as applicable: Inputs may include the following, but are not limited to: o CRR costs o DAM prices o DAM Point-to-PTP purchase o o RTM PTP purchases o RTM Congestion Cost o DME ancillary service Costs o Bilateral contracts for power o Broker fees for exchange traded contracts o Financial swap transactions DocuSign Envelope ID: 8D98F25E-4AFB-4849-A216-25B5278A2A60 Deloitte & Touche LLP 100 Kimball Drive Parsippany, NJ 07054-2176 Exclusions may include the following (but not limited to): o Electric Reliability Council of Texas ERCOT CRRs o Select counterparties costs o Renewable Energy Credits (REC) o Landfill Assess the appropriateness of inputs and assumptions for the model, including knowledge of the inputs and assumptions associated with ERCOT and establishment of an energy management organization. understanding and knowledge of the inputs and assumptions associated with ERCOT and establishment of an energy management organization For observable inputs (such as market data), a comparison of selected data to an independent source of the market data, where available For unobservable inputs (such as assumptions), an assessment of the process by which the assumptions are developed and assessment of consistency with available related information (such as proxy information) Assess the accuracy and completeness of the final FY 2018 savings calculations based on the following as applicable: Performance of independent recalculations for the FY year-end summaries using supporting documentation such as counterparties invoices, CRR Auction costs, and ERCOT statements Deliverables Prepare an executive summary to the results of our assessment of the FY18 cost savings Procedures performed as part of the analysis Results of independent recalculations performed Task 2: Review EMO risk management recommendations implementation status documented in the EMO capability assessment deliverable Interview specific Owner and DME personnel involved in the implementation of the recommendations in order to develop an in- Identify potential gaps and develop recommendations for areas to address during the Review findings and recommendations with appropriate Owner and DME personnel Deliverables Executive summary of implementation progress A original recommendations DocuSign Envelope ID: 8D98F25E-4AFB-4849-A216-25B5278A2A60 Deloitte & Touche LLP 100 Kimball Drive Parsippany, NJ 07054-2176 Task 3: Quarterly Risk Management Committee support Assessment of energy markets including energy news and counterparty information relevant Independent monitoring of risk and policy limits as defined in the approved Risk Policy Review of front office hedge strategy and recommendations for potential improvements Independent review of for compliance with the approved Risk Policy deal entry, confirmations, deal modifications, etc. Review of positions and portfolio, including review of: o Risk report o Position reports o P/L reports o Counterparty exposure reports o Settlements reports Support Risk Management Committee reporting Risk Management Committee Calculation of Deliverables Quarterly report Risk Management Committee report to include: o Risk and Position reports o Quarterly benchmark analysis o Assumptions for this engagement include: Substantial and meaningful involvement of key stakeholders in the risk assessment and risk identification process of the Company is critical to the success of this engagement. The Company shall be responsible for ensuring that the identified Company personnel actively participate in both the planning and execution of this engagement. The Services will not constitute an engagement to provide audit, compilation, review, or attestation services as described in the pronouncements on professional standards issued by the AICPA, the Public Company Accounting Oversight Board, or other regulatory body and, therefore, we will not express an opinion or any other form of assurance as a result of performing the Services. D&T will not make any management decisions, perform any management functions, or assume any management responsibilities. For purposes of the model validation and other Services described herein, terms such as validate, test, verify, review, and confirm refer to assessment activities performed based on objectives, a framework and assumptions as agreed to with Company. These activities typically do not include detailed testing of data elements and controls, can be inherently regulatory expectation DocuSign Envelope ID: 8D98F25E-4AFB-4849-A216-25B5278A2A60 Deloitte & Touche LLP 100 Kimball Drive Parsippany, NJ 07054-2176 involved in the preparation of the materials being assessed. Other professionals may perform procedures concerning the same information or data, and reach different findings than Advisor for a variety of reasons, including the possibilities that additional or different information or data might be provided to them that was not provided to Advisor, that they might perform different procedures than did Advisor, or that professional judgments concerning complex, unusual, or poorly documented transactions may differ The Services will be performed in accordance with the Statement on Standards for Consulting Services issued by the American Institute of Certified Public Accountants (AICPA). TIMETABLE Based on our experience delivering similar engagements, we believe that the services described can be provided in approximately three (3) weeks. ENGAGEMENT FEES The estimated fees for this engagement are estimated not to exceed: Task 1: $22,000 Task 2: $22,500 Task 3: $37,000 per quarter for a period of one year. based on the following rates: Resource Level Hourly Rate $500 Partner, Principal, Managing Director $470 Senior Manager $435 Manager $385 Senior Consultant $335 Consultant $146 US India Senior Consultant DocuSign Envelope ID: 8D98F25E-4AFB-4849-A216-25B5278A2A60 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: 8D98F25E4AFB4849A21625B5278A2A60Status: Sent Subject: Please DocuSign: City Council Contract 6469 Amendment 3 Source Envelope: Document Pages: 8Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 1Lori Hewell AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)lori.hewell@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Lori HewellLocation: DocuSign 5/9/2019 1:38:25 PM lori.hewell@cityofdenton.com Signer EventsSignatureTimestamp Lori HewellSent: 5/9/2019 2:07:23 PM Completed lori.hewell@cityofdenton.comViewed: 5/9/2019 2:07:47 PM Purchasing ManagerSigned: 5/9/2019 2:08:58 PM 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: 5/9/2019 2:09:00 PM lori.hewell@cityofdenton.comViewed: 5/9/2019 2:09:43 PM Purchasing ManagerSigned: 5/9/2019 2:09:46 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: 5/9/2019 2:09:48 PM mack.reinwand@cityofdenton.comViewed: 5/9/2019 2:10:41 PM City of DentonSigned: 5/14/2019 8:40:27 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 Stephen K EnglerSent: 5/14/2019 8:40:29 AM sengler@deloitte.comViewed: 5/14/2019 9:25:28 AM Managing DirectorSigned: 5/14/2019 9:33:39 AM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 74.217.93.205 Electronic Record and Signature Disclosure: Accepted: 5/14/2019 9:25:28 AM ID: fba63b28-4f00-419c-bcac-1a05a8c51948 Signer EventsSignatureTimestamp Antonio Puente, Jr.Sent: 5/14/2019 9:33:41 AM antonio.puente@cityofdenton.comViewed: 5/14/2019 11:24:15 PM Chief Financial OfficerSigned: 5/14/2019 11:25:04 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 47.184.117.33 Electronic Record and Signature Disclosure: Accepted: 5/14/2019 11:24:14 PM ID: f3e9b8f0-c4db-4a8c-9dba-dee17fd9076a Tabitha MillsopSent: 5/14/2019 11:25:06 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: 5/9/2019 2:09:00 PM tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 5/9/2019 2:09:00 PM 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 Timothy MettsSent: 5/14/2019 8:40:29 AM tmetts@deloitte.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 Jane Richardson jane.richardson@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/Encrypted5/14/2019 11:25:07 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 19-1219,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractwithClevestSolutions,Inc.,forthepurchaseofvendorsupportofthe DentonMunicipalElectricmobileworkforcemanagementsoftwareandprofessionalservices;whichisthesole providerofthissoftwareinaccordancewithTexasLocalGovernmentCode252.022,whichprovidesthat procurementofcommoditiesandservicesthatareavailablefromonesourceareexemptfromcompetitive biddingandifover$50,000shallbeawardedbythegoverningbody;andprovidinganeffectivedate(File7056 -awardedtoClevestSolutions,Inc.,forone(1)year,withtheoptionforfour(4)additionalone(1)year extensions, in the total five (5) year not-to-exceed amount of $288,840.03). City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 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 Clevest Solutions, Inc., for the purchase of vendor support of the Denton Municipal Electric mobile workforce management software and professional services; which is the sole provider of this software in accordance with Texas Local Government Code 252.022, which provides that procurement of commodities and services that are available from one source are exempt from competitive bidding and if over $50,000 shall be awarded by the governing body; and providing an effective date (File 7056 - awarded to Clevest Solutions, 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 $288,840.03). INFORMATION /BACKGROUND In August of 2015, Denton Municipal Electric (DME) implemented an electronic work order system using a mobile electronic platform through Clevest Solutions, Inc. Implementation services were $140,000, the initial software and licensing was $156,000, the AVL module was $85,000, for a total of $381,000. The mobile workforce management (MWM) solution supports Electric service tickets, Electric meter service orders, Texas 811 Locate tickets, automated vehicle locations, integration with the outage management system and submission of Water service requests via Cityworks. It is essential for the City of Denton to keep current maintenance with the software vendor in order to ensure the availability of upgrades, software fixes, and access to knowledge and support resources. DME is in the process of consolidating its information technology (IT) infrastructure with the City in an effort to reduce costs and gain efficiencies by centralizing IT staff and resources. This process involves converting existing databases from Oracle to SQL, in an effort to standardize our database platforms, and eliminating $50,000 per year in Oracle licensing. DME will also consolidate their GIS server infrastructure with the City infrastructure resulting in $800,000 reduction of additional infrastructure costs. frastructure is $74,625. DME will use capital infrastructure project (CIP) funds under the original project to cover this cost. The costs of maintenance and support plus a 7% contingency comes to $214,215.03, and the cost of conversion from Oracle to SQL total $74,625, for a contract total of $288,840.03. Section 252.022 of the Local Government Code provides that procurement of sole source commodities and services are exempt from competitive bidding, if over $50,000, shall be awarded by the governing body. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On June 10, 2019, this item will be presented to the Public Utilities Board for recommendation to the City Council for consideration. RECOMMENDATION Award a contract with Clevest Solutions, Inc., for vendor support of the Denton Municipal Electric mobile workforce management software and professional services, in the total five (5) year not-to-exceed amount of $288,840.03 PRINCIPAL PLACE OF BUSINESS Clevest Solutions, Inc. Richmond, BC, Canada ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. FISCAL INFORMATION These services will be funded from Denton Municipal Electric accounts 830900.6504 for the maintenance and 603581497.1365.3980 for the migration. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Sole Source Letter Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Sandra Allsup at 940-349-7102. Legal point of contact: Mack Reinwand at 940-349-8333. 21 March 2019 Sandra Allsup, GISP Electric Applications Manager City of Denton DME Technology Services 1685 Spencer Rd Denton, TX 76205, {ǒĬƆĻĭƷʹ /ƌĻǝĻƭƷ {ƚƌĻ {ƚǒƩĭĻ 5ƚĭǒƒĻƓƷğƷźƚƓ ŅƩƚƒ ƷŷĻ /źƷǤ ƚŅ 5ĻƓƷƚƓ Dear Sandra, This letter confirms that Clevest Solutions Inc. (Clevest) is the only source available to City of Denton to procure the Clevest software, the Clevest software cannot be purchased from a reseller. Please dont hesitate to contact us directly for any further questions. Best regards, __________________________________ Julien Marin Vice President Sales & Strategic Partnerships North America M: 514-953-6263 clevest.com | LinkedIn | Twitter Clevest - Software Connecting the Mobile Workforce DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND CLEVEST SOLUTIONS, INC. (CONTRACT 7056) THIS CONTRACT is made and entered into this date ______________________, by and between CLEVEST SOLUTIONS, INC. a Canadian corporation, whose address is 13700 International Place, Suite 200, Richmond, BC, Canada V6V 2X8, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and 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 Supplier shall provide products and/or services in accordance with the City’s document FILE 7056 - Mobile Workforce Management Software Solutions, a copy of which is on file at the office of Purchasing Agent and incorporated herein for all purposes.The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a)Special Terms and Conditions (Exhibit “A”); (b)City of Denton Standard Terms and Conditions (Exhibit “B”); (c)Insurance Requirements (Exhibit “C”); (d)Certificate of Interested Parties Electronic Filing (Exhibit "D"); (e)Contractor’s Proposal(Exhibit "E"); (f)Form CIQ – Conflict of Interest Questionnaire (Exhibit "F"); 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 the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as “Contract Documents.” Prohibition on Contracts with Companies Boycotting Israel Supplier acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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. The terms “boycott Israel” and “company” shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the agreement. Failure to meet or maintain the requirements under this provision will be considered a material breach. Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D Section 2252 of the Texas Government Code restricts CITY from contracting with companies that do business with Iran, Sudan, or a foreign terrorist organization. By signing this agreement, Supplier certifies that Supplier’s signature provides written verification to the City that Supplier, pursuant to Chapter 2252, is not ineligible to enter into this agreement and will not become ineligible to receive payments under this agreement by doing business with Iran, Sudan, or a foreign terrorist organization. Failure to meet or maintain the requirements under this provision will be considered a material breach. 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. IN WITNESS WHEREOF, the parties of these presents have executed this agreement 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. Date: _______________________________ Printed Name: ________________________ _______________ ________________ SIGNATURE PRINTED NAME Title: _______________________________ __________________________________ ___________________________________ TITLE PHONE NUMBER __________________________________ ___________________________________ DEPARTMENT EMAIL ADDRESS ___________________________________ APPROVED AS TO LEGAL FORM: TEXAS ETHICS COMMISSION AARON LEAL, CITY ATTORNEY CERTIFICATE NUMBER BY: __________________________________ CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY BY: ______________________ TODD HILEMAN BY: _________________________________ CITY MANAGER Date: FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D Exhibit A Special Terms and Conditions 1.Total Contract Amount The contract total for services shall not exceed $288,840.03. Pricing shall be per Exhibit F attached. 2.Contract Terms The contract term will be one (1) year, effective from date of award. The City and the Supplier shall have the option to renew this contract for an additional four (4) one-year periods. The contract shall commence upon the issuance of a Notice of Award by the City of Denton and shall automatically renew each year, from the date of award by City Council. At the sole option of the City of Denton, the contract may be further extended as needed, not to exceed a total of six (6) months. 3.Price Escalation and De-escalation The City will implement an escalation/de-escalation price adjustment yearly. The escalation/de- escalation will be based upon manufacturer published pricing sheets to the vendor. The price will be increased or decreased based upon the yearly percentage change in the manufacturer’s price list. The price adjustment will be determined yearly from the award date. Should the change exceed or decrease a minimum threshold value of +/-1%, then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the supplier or the Cities responsibility to request a price adjustment yearly in writing. If no request is made, then it will be assumed that the bid price will be in effect. The supplier must submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D Exhibit B Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings and other requirements included in the City of Denton’s contract are applicable to contracts/purchase orders issued by the City of Denton hereinafter referred to as the City or Buyer and the Seller or respondent herein after referred to as Contractor or Supplier. Any deviations must be in writing and signed by a representative of the City’s Procurement Department and the Supplier. No Terms and Conditions contained in the seller’s proposal response, invoice or statement shall serve to modify the terms set forth herein. If there is a conflict between the provisions on the face of the contract/purchase order these written provisions will take precedence. The Contractor agrees that the contract shall be governed by the following terms and conditions, unless exceptions are duly noted and fully negotiated. Unless otherwise specified in the contract, Sections 3, 4, 5, 6, 7, 8, 20, 21, and 36 shall apply only to a solicitation to purchase goods, and sections 9, 10, 11, 22 and 32 shall apply only to a solicitation to purchase services to be performed principally at the City’s premises or on public rights-of-way. 1.CONTRACTOR’S OBLIGATIONS. The Contractor shall fully and timely provide all deliverables described in the Solicitation and in the Contractor’s Offer in strict accordance with the terms, covenants, and conditions of the Contract and all applicable Federal, State, and local laws, rules, and regulations. 2.EFFECTIVE DATE/TERM. Unless otherwise specified in the Solicitation, this Contract shall be effective as of the date the contract is signed by the City, and shall continue in effect until all obligations are performed in accordance with the Contract. 3.CONTRACTOR TO PACKAGE DELIVERABLES: The Contractor will package deliverables in accordance with good commercial practice and shall include a packing list showing the description of each item, the quantity and unit price unless otherwise provided in the Specifications or Supplemental Terms and Conditions, each shipping container shall be clearly and permanently marked as follows: (a) The Contractor's name and address, (b) the City’s name, address and purchase order or purchase release number and the price agreement number if applicable, (c) Container number and total number of containers, e.g. box 1 of 4 boxes, and (d) the number of the container bearing the packing list. The Contractor shall bear cost of packaging. Deliverables shall be suitably packed to secure lowest transportation costs and to conform to all the requirements of common carriers and any applicable specification. The City's count or weight shall be final and conclusive on shipments not accompanied by packing lists. 4.SHIPMENT UNDER RESERVATION PROHIBITED: The Contractor is not authorized to ship the deliverables under reservation and no tender of a bill of lading will operate as a tender of deliverables. 5.TITLE & RISK OF LOSS: Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables. 6.DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise stated in the Offer, the Contractor’s price shall be deemed to include all delivery and transportation charges. The City shall have the right to designate what method of transportation shall be used to ship the deliverables. The place of delivery shall be that set forth the purchase order. 7.RIGHT OF INSPECTION AND REJECTION: The City expressly reserves all rights under law, including, but not limited to the Uniform Commercial Code, to inspect the deliverables at delivery before accepting them, and to reject defective or non-conforming deliverables. If the City has the right to inspect the Contractor’s, or the Contractor’s Subcontractor’s, facilities, or the deliverables at the Contractor’s, or the Contractor’s Subcontractor’s, premises, the Contractor shall furnish, or cause to be furnished, without additional charge, all reasonable facilities and assistance to the City to facilitate such inspection. 8.NO REPLACEMENT OF DEFECTIVE TENDER: Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract. 9.PLACE AND CONDITION OF WORK: The City shall provide the Contractor access to the sites where the Contractor is to perform the services as required in order for the Contractor to perform the services in a timely and efficient manner, in accordance with and subject to the applicable security laws, rules, and regulations. The Contractor acknowledges that it has satisfied itself as to the nature of the City’s service requirements and specifications, the location and essential characteristics of the work sites, the quality and quantity of materials, equipment, labor and facilities necessary to perform the services, and any other condition or state of fact which could in any way affect performance of the Contractor’s obligations under the contract. The Contractor hereby releases and holds the City harmless from and against any liability or claim for damages of any kind or nature if the actual site or service conditions differ from expected conditions. The contractor shall, at all times, exercise reasonable precautions for the safety of their employees, City Staff, participants and others on or near the City’s facilities. 10.WORKFORCE A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract. B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Denton contract or on the City's property . i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job. C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent. Immigration: The Contractor represents and warrants that it shall comply with the requirements of the Immigration Reform and Control Act of 1986 and 1990 regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services under the Contract and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA) enacted on September 30, 1996. 11.COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contractor, it’s Subcontractors, and their respective employees, shall comply fully with all applicable federal, state, and local health, safety, and environmental laws, ordinances, rules and regulations in the performance of the services, including but not limited to those promulgated by the City and by the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirement shall govern. The Contractor shall indemnify and hold the City harmless from and against all claims, demands, suits, actions, judgments, fines, penalties and liability of every kind arising from the breach of the Contractor’s obligations under this paragraph. Environmental Protection: The Respondent shall be in compliance with all applicable standards, orders, or regulations issued pursuant to the mandates of the Clean Air Act (42 U.S.C. §7401 et seq.) and the Federal Water Pollution Control Act, as amended, (33 U.S.C. §1251 et seq.). 12.INVOICES: A. The Contractor shall submit separate invoices in duplicate on each purchase order or purchase release after each delivery. If partial shipments or deliveries are authorized by the City, a separate invoice must be sent for each shipment or delivery made. B.Proper Invoices must include a unique invoice number, the purchase order or delivery order number and the master agreement number if applicable, the Department’s Name, and the name of the point of contact for the Department. Invoices shall be itemized and transportation charges, if any, shall be listed separately. A copy of the bill of lading and the freight waybill, when applicable, shall be attached to the invoice. The Contractor’s name, remittance address and, if applicable, the tax identification number on the invoice must exactly match the information in the Vendor’s registration with the City. Unless otherwise instructed in writing, the City may rely on the remittance address specified on the Contractor’s invoice. C. Invoices for labor shall include a copy of all time-sheets with trade labor rate and deliverables order number clearly identified. Invoices shall also include a tabulation of work-hours at the appropriate rates and grouped by work order number. Time billed for labor shall be limited to hours actually worked at the work site. D. Unless otherwise expressly authorized in the Contract, the Contractor shall pass through all Subcontract and other authorized expenses at actual cost without markup. E. Federal excise taxes, State taxes, or City sales taxes must not be included in the invoiced amount. The City will furnish a tax exemption certificate upon request. 13.PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty (30) calendar days of the City’s receipt of the deliverables or of the invoice being received FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D in Accounts Payable, whichever is later. B.If payment is not timely made, (per paragraph A); interest shall accrue on the unpaid balance at the lesser of the rate specified in Texas Government Code Section 2251.025 or the maximum lawful rate; except, if payment is not timely made for a reason for which the City may withhold payment hereunder, interest shall not accrue until ten (10) calendar days after the grounds for withholding payment have been resolved. C. If partial shipments or deliveries are authorized by the City, the Contractor will be paid for the partial shipment or delivery, as stated above, provided that the invoice matches the shipment or delivery. D. The City may withhold or set off the entire payment or part of any payment otherwise due the Contractor to such extent as may be necessary on account of: i. delivery of defective or non-conforming deliverables by the Contractor; ii. third party claims, which are not covered by the insurance which the Contractor is required to provide, are filed or reasonable evidence indicating probable filing of such claims; iii. failure of the Contractor to pay Subcontractors, or for labor, materials or equipment; iv. damage to the property of the City or the City’s agents, employees or contractors, which is not covered by insurance required to be provided by the Contractor; v. reasonable evidence that the Contractor’s obligations will not be completed within the time specified in the Contract, and that the unpaid balance would not be adequate to cover actual or damages for the anticipated delay; vi. failure of the Contractor to submit proper invoices with purchase order number, with all required attachments and supporting documentation; or vii. failure of the Contractor to comply with any material provision of the Contract Documents. E. Notice is hereby given that any awarded firm who is in arrears to the City of Denton for delinquent taxes, the City may offset indebtedness owed the City through payment withholding. F. Payment will be made by check unless the parties mutually agree to payment by credit card or electronic transfer of funds. The Contractor agrees that there shall be no additional charges, surcharges, or penalties to the City for payments made by credit card or electronic funds transfer. G. The awarding or continuation of this contract is dependent upon the availability of funding. The City’s payment obligations are payable only and solely from funds Appropriated and available for this contract. The absence of Appropriated or other lawfully available funds shall render the Contract null and void to the extent funds are not Appropriated or available and any deliverables delivered but unpaid shall be returned to the Contractor. The City shall provide the Contractor written notice of the failure of the City to make an adequate Appropriation for any fiscal year to pay the amounts due under the Contract, or the reduction of any Appropriation to an amount insufficient to permit the City to pay its obligations under the Contract. In the event of none or inadequate appropriation of funds, there will be no penalty nor removal fees charged to the City. 14.TRAVEL EXPENSES: All travel, lodging and per diem expenses in connection with the Contract shall be paid by the Contractor, unless otherwise stated in the contract terms. During the term of this contract, the contractor shall bill and the City shall reimburse contractor for all reasonable and approved out of pocket expenses which are incurred in the connection with the performance of duties hereunder. Notwithstanding the foregoing, expenses for the time spent by the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D 15.FINAL PAYMENT AND CLOSE-OUT: A. If a DBE/MBE/WBE Program Plan is agreed to and the Contractor has identified Subcontractors, the Contractor is required to submit a Contract Close-Out MBE/WBE Compliance Report to the Purchasing Manager no later than the 15th calendar day after completion of all work under the contract. Final payment, retainage, or both may be withheld if the Contractor is not in compliance with the requirements as accepted by the City. B. The making and acceptance of final payment will constitute: i. a waiver of all claims by the City against the Contractor, except claims (1) which have been previously asserted in writing and not yet settled, (2) arising from defective work appearing after final inspection, (3) arising from failure of the Contractor to comply with the Contract or the terms of any warranty specified herein, (4) arising from the Contractor’s continuing obligations under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising under the City’s right to audit; and ii. a waiver of all claims by the Contractor against the City other than those previously asserted in writing and not yet settled. 16.SPECIAL TOOLS & TEST EQUIPMENT: If the price stated on the Offer includes the cost of any special tooling or special test equipment fabricated or required by the Contractor for the purpose of filling this order, such special tooling equipment and any process sheets related thereto shall become the property of the City and shall be identified by the Contractor as such. 17.RIGHT TO AUDIT: A. The City shall have the right to audit and make copies of the books, records and computations pertaining to the Contract. The Contractor shall retain such books, records, documents and other evidence pertaining to the Contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within ten (10) business days of written request. Further, the Contractor shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to the Contract, and to allow the City similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the City unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the Contractor which must be payable within five (5) business days of receipt of an invoice. B. Failure to comply with the provisions of this section shall be a material breach of the Contract and shall constitute, in the City’s sole discretion, grounds for termination thereof. Each of the terms “books”, “records”, “documents” and “other evidence”, as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. 18.SUBCONTRACTORS: A. If the Contractor identified Subcontractors in a DBE/MBE/WBE agreed to Plan, the Contractor shall comply with all requirements approved by the City. The Contractor shall not initially employ any Subcontractor except as provided in the Contractor’s Plan. The Contractor shall not substitute any Subcontractor identified in the Plan, unless the substitute has been accepted by the City in writing. No acceptance by the City of any Subcontractor shall constitute a waiver of any rights or remedies of the City with respect to defective deliverables provided by a Subcontractor. If a Plan has been approved, the Contractor is additionally required to submit a monthly Subcontract FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. B. Work performed for the Contractor by a Subcontractor shall be pursuant to a written contract between the Contractor and Subcontractor. The terms of the subcontract may not conflict with the terms of the Contract, and shall contain provisions that: i. require that all deliverables to be provided by the Subcontractor be provided in strict accordance with the provisions, specifications and terms of the Contract; ii. prohibit the Subcontractor from further subcontracting any portion of the Contract without the prior written consent of the City and the Contractor. The City may require, as a condition to such further subcontracting, that the Subcontractor post a payment bond in form, substance and amount acceptable to the City; iii. require Subcontractors to submit all invoices and applications for payments, including any claims for additional payments, damages or otherwise, to the Contractor in sufficient time to enable the Contractor to include same with its invoice or application for payment to the City in accordance with the terms of the Contract; iv. require that all Subcontractors obtain and maintain, throughout the term of their contract, insurance in the type and amounts specified for the Contractor, with the City being a named insured as its interest shall appear; and v. require that the Subcontractor indemnify and hold the City harmless to the same extent as the Contractor is required to indemnify the City. C. The Contractor shall be fully responsible to the City for all acts and omissions of the Subcontractors just as the Contractor is responsible for the Contractor's own acts and omissions. Nothing in the Contract shall create for the benefit of any such Subcontractor any contractual relationship between the City and any such Subcontractor, nor shall it create any obligation on the part of the City to pay or to see to the payment of any moneys due any such Subcontractor except as may otherwise be required by law. D. The Contractor shall pay each Subcontractor its appropriate share of payments made to the Contractor not later than ten (10) calendar days after receipt of payment from the City. 19.WARRANTY-PRICE: A. The Contractor warrants the prices quoted in the Offer are no higher than the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. B. The Contractor certifies that the prices in the Offer have been arrived at independently without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such fees with any other firm or with any competitor. C. In addition to any other remedy available, the City may deduct from any amounts owed to the Contractor, or otherwise recover, any amounts paid for items in excess of the Contractor's current prices on orders by others for like deliverables under similar terms of purchase. 20.WARRANTY – TITLE: The Contractor warrants that it has good and indefeasible title to all deliverables furnished under the Contract, and that the deliverables are free and clear of all liens, claims, security interests and encumbrances. The Contractor shall indemnify and hold the City harmless from and against all adverse title claims to the deliverables. 21.WARRANTY – DELIVERABLES: The Contractor warrants and represents that all deliverables sold the City under the Contract shall be free from defects in design, workmanship or manufacture, and conform in all material respects to the specifications, drawings, and descriptions in the Solicitation, to any samples furnished by the Contractor, to the terms, covenants and FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D conditions of the Contract, and to all applicable State, Federal or local laws, rules, and regulations, and industry codes and standards. Unless otherwise stated in the Solicitation, the deliverables shall be new or recycled merchandise, and not used or reconditioned. A. Recycled deliverables shall be clearly identified as such. B. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law; and any attempt to do so shall be without force or effect. C. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the date of acceptance of the deliverables or from the date of acceptance of any replacement deliverables. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand either repair the non-conforming deliverables, or replace the non-conforming deliverables with fully conforming deliverables, at the City’s option and at no additional cost to the City. All costs incidental to such repair or replacement, including but not limited to, any packaging and shipping costs shall be borne exclusively by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach of warranty, but failure to give timely notice shall not impair the City’s rights under this section. D. If the Contractor is unable or unwilling to repair or replace defective or non-conforming deliverables as required by the City, then in addition to any other available remedy, the City may reduce the quantity of deliverables it may be required to purchase under the Contract from the Contractor, and purchase conforming deliverables from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such deliverables from another source. E. If the Contractor is not the manufacturer, and the deliverables are covered by a separate manufacturer’s warranty, the Contractor shall transfer and assign such manufacturer’s warranty to the City. If for any reason the manufacturer’s warranty cannot be fully transferred to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such manufacturer’s warranty for the benefit of the City. 22.WARRANTY – SERVICES: The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. 23.ACCEPTANCE OF INCOMPLETE OR NON-CONFORMING DELIVERABLES: If, instead of requiring immediate correction or removal and replacement of defective or non- conforming deliverables, the City prefers to accept it, the City may do so. The Contractor shall pay all claims, costs, losses and damages attributable to the City’s evaluation of and determination to accept such defective or non-conforming deliverables. If any such acceptance occurs prior to final payment, the City may deduct such amounts as are necessary to compensate the City for the diminished value of the defective or non-conforming deliverables. If the acceptance occurs after final payment, such amount will be refunded to the City by the Contractor. 24.RIGHT TO ASSURANCE: Whenever one party to the Contract in good faith has reason to question the other party’s intent to perform, demand may be made to the other party for written assurance of the intent to perform. In the event that no assurance is given within the time specified after demand is made, the demanding party may treat this failure as an anticipatory repudiation of the Contract. 25.STOP WORK NOTICE: The City may issue an immediate Stop Work Notice in the event the Contractor is observed performing in a manner that is in violation of Federal, State, or local guidelines, or in a manner that is determined by the City to be unsafe to either life or property. Upon notification, the Contractor will cease all work until notified by the City that the violation or unsafe condition has been corrected. The Contractor shall be liable for all costs incurred by the City as a result of the issuance of such Stop Work Notice. 26.DEFAULT: The Contractor shall be in default under the Contract if the Contractor (a) fails to fully, timely and faithfully perform any of its material obligations under the Contract, (b) fails to provide adequate assurance of performance under Paragraph 24, (c) becomes insolvent or seeks relief under the bankruptcy laws of the United States or (d) makes a material misrepresentation in Contractor’s Offer, or in any report or deliverable required to be submitted by the Contractor to the City. 27.TERMINATION FOR CAUSE: In the event of a default by the Contractor, the City shall have the right to terminate the Contract for cause, by written notice effective ten (10) calendar days, unless otherwise specified, after the date of such notice, unless the Contractor, within such ten (10) day period, cures such default, or provides evidence sufficient to prove to the City’s reasonable satisfaction that such default does not, in fact, exist. In addition to any other remedy available under law or in equity, the City shall be entitled to recover all actual damages, costs, losses and expenses, incurred by the City as a result of the Contractor’s default, including, without limitation, cost of cover, reasonable attorneys’ fees, court costs, and prejudgment and post- judgment interest at the maximum lawful rate. Additionally, in the event of a default by the Contractor, the City may remove the Contractor from the City’s vendor list for three (3) years and any Offer submitted by the Contractor may be disqualified for up to three (3) years. All rights and remedies under the Contract are cumulative and are not exclusive of any other right or remedy provided by law. 28.TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the Contract, in whole or in part, without cause any time upon thirty (30) calendar days’ prior written notice. Upon receipt of a notice of termination, the Contractor shall promptly cease all further work pursuant to the Contract, with such exceptions, if any, specified in the notice of termination. The City shall pay the Contractor, to the extent of funds Appropriated or otherwise legally available FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D for such purposes, for all goods delivered and services performed and obligations incurred prior to the date of termination in accordance with the terms hereof. 29.FRAUD: Fraudulent statements by the Contractor on any Offer or in any report or deliverable required to be submitted by the Contractor to the City shall be grounds for the termination of the Contract for cause by the City and may result in legal action. 30.DELAYS: A. The City may delay scheduled delivery or other due dates by written notice to the Contractor if the City deems it is in its best interest. If such delay causes an increase in the cost of the work under the Contract, the City and the Contractor shall negotiate an equitable adjustment for costs incurred by the Contractor in the Contract price and execute an amendment to the Contract. The Contractor must assert its right to an adjustment within thirty (30) calendar days from the date of receipt of the notice of delay. Failure to agree on any adjusted price shall be handled under the Dispute Resolution process specified in paragraph 49. However, nothing in this provision shall excuse the Contractor from delaying the delivery as notified. B. Neither party shall be liable for any default or delay in the performance of its obligations under this Contract if, while and to the extent such default or delay is caused by acts of God, fire, riots, civil commotion, labor disruptions, sabotage, sovereign conduct, or any other cause beyond the reasonable control of such Party. In the event of default or delay in contract performance due to any of the foregoing causes, then the time for completion of the services will be extended; provided, however, in such an event, a conference will be held within three (3) business days to establish a mutually agreeable period of time reasonably necessary to overcome the effect of such failure to perform. 31.INDEMNITY: A. Definitions: i. "Indemnified Claims" shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard. B.THE CONTRACTOR SHALL DEFEND (AT THE OPTION OF THE CITY), INDEMNIFY, AND HOLD THE CITY, ITS SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES AND ELECTED OFFICIALS HARMLESS FROM AND AGAINST ALL INDEMNIFIED CLAIMS DIRECTLY ARISING OUT OF, INCIDENT TO, CONCERNING OR RESULTING FROM THE FAULT OF THE CONTRACTOR, OR THE CONTRACTOR'S AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THE CONTRACTOR’S OBLIGATIONS UNDER THE CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D THE CITY OR THE CONTRACTOR (INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK CONTRIBUTION) AGAINST ANY THIRD PARTY WHO MAY BE LIABLE FOR AN INDEMNIFIED CLAIM. 32.INSURANCE: The following insurance requirements are applicable, in addition to the specific insurance requirements detailed in Appendix A for services only. The successful firm shall procure and maintain insurance of the types and in the minimum amounts acceptable to the City of Denton. The insurance shall be written by a company licensed to do business in the State of Texas and satisfactory to the City of Denton. A. General Requirements: i. The Contractor shall at a minimum carry insurance in the types and amounts indicated and agreed to, as submitted to the City and approved by the City within the procurement process, for the duration of the Contract, including extension options and hold over periods, and during any warranty period. ii. The Contractor shall provide Certificates of Insurance with the coverage’s and endorsements required to the City as verification of coverage prior to contract execution and within fourteen (14) calendar days after written request from the City. Failure to provide the required Certificate of Insurance may subject the Offer to disqualification from consideration for award. The Contractor must also forward a Certificate of Insurance to the City whenever a previously identified policy period has expired, or an extension option or hold over period is exercised, as verification of continuing coverage. iii. The Contractor shall not commence work until the required insurance is obtained and until such insurance has been reviewed by the City. Approval of insurance by the City shall not relieve or decrease the liability of the Contractor hereunder and shall not be construed to be a limitation of liability on the part of the Contractor. iv. The Contractor must submit certificates of insurance to the City for all subcontractors prior to the subcontractors commencing work on the project. v. The Contractor’s and all subcontractors’ insurance coverage shall be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of A- VII or better. The City will accept workers’ compensation coverage written by the Texas Workers’ Compensation Insurance Fund. vi. All endorsements naming the City as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall contain the solicitation number and the following information: City of Denton Materials Management Department 901B Texas Street Denton, Texas 76209 vii. The “other” insurance clause shall not apply to the City where the City is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both the City and the Contractor, shall be considered primary coverage as applicable. viii. If insurance policies are not written for amounts agreed to with the City, the Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. ix. The City shall be entitled, upon request, at an agreed upon location, and without expense, to review certified copies of policies and endorsements thereto and may make any FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. x. The City reserves the right to review the insurance requirements set forth during the effective period of the Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as the Contractor. xi. The Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. xii. The Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. xiii. The Contractor shall endeavor to provide the City thirty (30) calendar days’ written notice of erosion of the aggregate limits below occurrence limits for all applicable coverage’s indicated within the Contract. xiv. The insurance coverage’s specified in within the solicitation and requirements are required minimums and are not intended to limit the responsibility or liability of the Contractor. B. Specific Coverage Requirements: Specific insurance requirements are contained in the solicitation instrument. 33.CLAIMS: If any claim, demand, suit, or other action is asserted against the Contractor which arises under or concerns the Contract, or which could have a material adverse effect on the Contractor’s ability to perform thereunder, the Contractor shall give written notice thereof to the City within ten (10) calendar days after receipt of notice by the Contractor. Such notice to the City shall state the date of notification of any such claim, demand, suit, or other action; the names and addresses of the claimant(s); the basis thereof; and the name of each person against whom such claim is being asserted. Such notice shall be delivered personally or by mail and shall be sent to the City and to the Denton City Attorney. Personal delivery to the City Attorney shall be to City Hall, 215 East McKinney Street, Denton, Texas 76201. 34.NOTICES: Unless otherwise specified, all notices, requests, or other communications required or appropriate to be given under the Contract shall be in writing and shall be deemed delivered three (3) business days after postmarked if sent by U.S. Postal Service Certified or Registered Mail, Return Receipt Requested. Notices delivered by other means shall be deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, telefax, or other commercially accepted means. Notices to the Contractor shall be sent to the address specified in the Contractor’s Offer, or at such other address as a party may notify the other in writing. Notices to the City shall be addressed to the City at 901B Texas Street, Denton, Texas 76209 and marked to the attention of the Purchasing Manager. 35.RIGHTS TO BID, PROPOSAL AND CONTRACTUAL MATERIAL: All material submitted by the Contractor to the City shall become property of the City upon receipt. Any portions of such material claimed by the Contractor to be proprietary must be clearly marked as such. Determination of the public nature of the material is subject to the Texas Public Information Act, Chapter 552, and Texas Government Code. FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D 36.NO WARRANTY BY CITY AGAINST INFRINGEMENTS: The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor. 37.CONFIDENTIALITY: In order to provide the deliverables to the City, Contractor may require access to certain of the City’s and/or its licensors’ confidential information (including inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) (collectively, “Confidential Information”). Contractor acknowledges and agrees that the Confidential Information is the valuable property of the City and/or its licensors and any unauthorized use, disclosure, dissemination, or other release of the Confidential Information will substantially injure the City and/or its licensors. The Contractor (including its employees, subcontractors, agents, or representatives) agrees that it will maintain the Confidential Information in strict confidence and shall not disclose, disseminate, copy, divulge, recreate, or otherwise use the Confidential Information without the prior written consent of the City or in a manner not expressly permitted under this Agreement, unless the Confidential Information is required to be disclosed by law or an order of any court or other governmental authority with proper jurisdiction, provided the Contractor promptly notifies the City before disclosing such information so as to permit the City reasonable time to seek an appropriate protective order. The Contractor agrees to use protective measures no less stringent than the Contractor uses within its own business to protect its own most valuable information, which protective measures shall under all circumstances be at least reasonable measures to ensure the continued confidentiality of the Confidential Information. 38.OWNERSHIP AND USE OF DELIVERABLES: The City shall own all rights, titles, and interests throughout the world in and to the deliverables. A. Patents. As to any patentable subject matter contained in the deliverables, the Contractor agrees to disclose such patentable subject matter to the City. Further, if requested by the City, the Contractor agrees to assign and, if necessary, cause each of its employees to assign the entire right, title, and interest to specific inventions under such patentable subject matter to the City and to execute, acknowledge, and deliver and, if necessary, cause each of its employees to execute, acknowledge, and deliver an assignment of letters patent, in a form to be reasonably approved by FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D the City, to the City upon request by the City. B. Copyrights. As to any deliverables containing copyrightable subject matter, the Contractor agrees that upon their creation, such deliverables shall be considered as work made-for-hire by the Contractor for the City and the City shall own all copyrights in and to such deliverables, provided however, that nothing in this Paragraph 38 shall negate the City’s sole or joint ownership of any such deliverables arising by virtue of the City’s sole or joint authorship of such deliverables. Should by operation of law, such deliverables not be considered works made-for-hire, the Contractor hereby assigns to the City (and agrees to cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver an assignment to the City of) all worldwide right, title, and interest in and to such deliverables. With respect to such work made- for-hire, the Contractor agrees to execute, acknowledge, and deliver and cause each of its employees providing services to the City hereunder to execute, acknowledge, and deliver a work- made-for-hire agreement, in a form to be reasonably approved by the City, to the City upon delivery of such deliverables to the City or at such other time as the City may request. C. Additional Assignments. The Contractor further agrees to, and if applicable, cause each of its employees to, execute, acknowledge, and deliver all applications, specifications, oaths, assignments, and all other instruments which the City might reasonably deem necessary in order to apply for and obtain copyright protection, mask work registration, trademark registration and/or protection, letters patent, or any similar rights in any and all countries and in order to assign and convey to the City, its successors, assigns and nominees, the sole and exclusive right, title, and interest in and to the deliverables. The Contractor’s obligations to execute, acknowledge, and deliver (or cause to be executed, acknowledged, and delivered) instruments or papers such as those described in this Paragraph 38 a., b., and c. shall continue after the termination of this Contract with respect to such deliverables. In the event the City should not seek to obtain copyright protection, mask work registration or patent protection for any of the deliverables, but should desire to keep the same secret, the Contractor agrees to treat the same as Confidential Information under the terms of Paragraph 37 above. 39.PUBLICATIONS: All published material and written reports submitted under the Contract must be originally developed material unless otherwise specifically provided in the Contract. When material not originally developed is included in a report in any form, the source shall be identified. 40.ADVERTISING: The Contractor shall not advertise or publish, without the City’s prior consent, the fact that the City has entered into the Contract, except to the extent required by law. 41.NO CONTINGENT FEES: The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon any agreement or understanding for commission, percentage, brokerage, or contingent fee, excepting bona fide employees of bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty, the City shall have the right, in addition to any other remedy available, to cancel the Contract without liability and to deduct from any amounts owed to the Contractor, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 42.GRATUITIES: The City may, by written notice to the Contractor, cancel the Contract without liability if it is determined by the City that gratuities were offered or given by the Contractor or FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D any agent or representative of the Contractor to any officer or employee of the City of Denton with a view toward securing the Contract or securing favorable treatment with respect to the awarding or amending or the making of any determinations with respect to the performing of such contract. In the event the Contract is canceled by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold the amount of the cost incurred by the Contractor in providing such gratuities. 43.PROHIBITION AGAINST PERSONAL INTEREST IN CONTRACTS: No officer, employee, independent consultant, or elected official of the City who is involved in the development, evaluation, or decision-making process of the performance of any solicitation shall have a financial interest, direct or indirect, in the Contract resulting from that solicitation. Any willful violation of this section shall constitute impropriety in office, and any officer or employee guilty thereof shall be subject to disciplinary action up to and including dismissal. Any violation of this provision, with the knowledge, expressed or implied, of the Contractor shall render the Contract voidable by the City. The Contractor shall complete and submit the City’s Conflict of Interest Questionnaire. 44.INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an employer/employee relationship, a partnership, or a joint venture. The Contractor’s services shall be those of an independent contractor. The Contractor agrees and understands that the Contract does not grant any rights or privileges established for employees of the City of Denton, Texas for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker’s compensation, or any other City employee benefit. The City shall not have supervision and control of the Contractor or any employee of the Contractor, and it is expressly understood that Contractor shall perform the services hereunder according to the attached specifications at the general direction of the City Manager of the City of Denton, Texas, or his designee under this agreement. The contractor is expressly free to advertise and perform services for other parties while performing services for the City. 45.ASSIGNMENT-DELEGATION: The Contract shall be binding upon and ensure to the benefit of the City and the Contractor and their respective successors and assigns, provided however, that no right or interest in the Contract shall be assigned and no obligation shall be delegated by the Contractor without the prior written consent of the City. Any attempted assignment or delegation by the Contractor shall be void unless made in conformity with this paragraph. The Contract is not intended to confer rights or benefits on any person, firm or entity not a party hereto; it being the intention of the parties that there are no third party beneficiaries to the Contract. The Vendor shall notify the City’s Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of the company or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director’s resolution approving the action, or an executed merger or acquisition agreement. Failure to do so may adversely impact future invoice payments. 46.WAIVER: No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D supported by consideration and is in writing signed by the aggrieved party. No waiver by either the Contractor or the City of any one or more events of default by the other party shall operate as, or be construed to be, a permanent waiver of any rights or obligations under the Contract, or an express or implied acceptance of any other existing or future default or defaults, whether of a similar or different character. 47.MODIFICATIONS: The Contract can be modified or amended only by a writing signed by both parties. No pre-printed or similar terms on any the Contractor invoice, order or other document shall have any force or effect to change the terms, covenants, and conditions of the Contract. 48.INTERPRETATION: The Contract is intended by the parties as a final, complete and exclusive statement of the terms of their agreement. No course of prior dealing between the parties or course of performance or usage of the trade shall be relevant to supplement or explain any term used in the Contract. Although the Contract may have been substantially drafted by one party, it is the intent of the parties that all provisions be construed in a manner to be fair to both parties, reading no provisions more strictly against one party or the other. Whenever a term defined by the Uniform Commercial Code, as enacted by the State of Texas, is used in the Contract, the UCC definition shall control, unless otherwise defined in the Contract. 49.DISPUTE RESOLUTION: A. If a dispute arises out of or relates to the Contract, or the breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief. Either party may make a written request for a meeting between representatives of each party within fourteen (14) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. B. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select, within thirty (30) calendar days, a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option; the City and the Contractor agree to act in good faith in the selection of the mediator and to give consideration to qualified individuals nominated to act as mediator. Nothing in the Contract prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. If the parties fail to agree on a mediator within thirty (30) calendar days of initiation of the mediation process, the mediator shall be selected by the Denton County Alternative Dispute Resolution Program (DCAP). The parties agree to participate in mediation in good faith for up to thirty (30) calendar days from the date of the first mediation session. The City and the Contractor will share the mediator’s fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 50.JURISDICTION AND VENUE: The Contract is made under and shall be governed by the laws of the State of Texas, including, when applicable, the Uniform Commercial Code as adopted FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D in Texas, V.T.C.A., Bus. & Comm. Code, Chapter 1, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. All issues arising from this Contract shall be resolved in the courts of Denton County, Texas and the parties agree to submit to the exclusive personal jurisdiction of such courts. The foregoing, however, shall not be construed or interpreted to limit or restrict the right or ability of the City to seek and secure injunctive relief from any competent authority as contemplated herein. 51.INVALIDITY: The invalidity, illegality, or unenforceability of any provision of the Contract shall in no way affect the validity or enforceability of any other portion or provision of the Contract. Any void provision shall be deemed severed from the Contract and the balance of the Contract shall be construed and enforced as if the Contract did not contain the particular portion or provision held to be void. The parties further agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Contract from being void should a provision which is the essence of the Contract be determined to be void. 52.HOLIDAYS:The following holidays are observed by the City: New Year’s Day (observed) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas Day (observed) New Year’s Day (observed) If a Legal Holiday falls on Saturday, it will be observed on the preceding Friday. If a Legal Holiday falls on Sunday, it will be observed on the following Monday. Normal hours of operation shall be between 8:00 am and 4:00 pm, Monday through Friday, excluding City of Denton Holidays. Any scheduled deliveries or work performance not within the normal hours of operation must be approved by the City Manager of Denton, Texas or his authorized designee. 53.SURVIVABILITY OF OBLIGATIONS: All provisions of the Contract that impose continuing obligations on the parties, including but not limited to the warranty, indemnity, and confidentiality obligations of the parties, shall survive the expiration or termination of the Contract. 54.NON-SUSPENSION OR DEBARMENT CERTIFICATION: The City of Denton is prohibited from contracting with or making prime or sub-awards to parties that are suspended or debarred or whose principals are suspended or debarred from Federal, State, or City of Denton Contracts. By accepting a Contract with the City, the Vendor certifies that its firm and its principals are not currently suspended or debarred from doing business with the Federal Government, as indicated by the General Services Administration List of Parties Excluded from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55.EQUAL OPPORTUNITY A.Equal Employment Opportunity: No Offeror, or Offeror’s agent, shall engage in any FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D discriminatory employment practice. No person shall, on the grounds of race, sex, sexual orientation, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFQ. B.Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror’s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 56. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable. A. Definitions. As used in this paragraph – i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The City does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 57. RIGHT TO INFORMATION: The City of Denton reserves the right to use any and all information presented in any response to this contract, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 58. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D 59.PREVAILING WAGE RATES: The contractor shall comply with prevailing wage rates as defined by the United States Department of Labor Davis-Bacon Wage Determination at http://www.dol.gov/whd/contracts/dbra.htm and at the Wage Determinations website www.wdol.gov for Denton County, Texas (WD-2509). 60. COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) §36.02 of the Texas Penal Code, which prohibits bribery; (ii) §36.09 of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 61. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on- site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Workers’ Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The City of Denton shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the City of Denton and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 62. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law 100-690, Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 63. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the City of Denton Procurement Manager in writing of any such damage within one (1) calendar day. 64. FORCE MAJEURE: The City of Denton, any Customer, and the Respondent shall not be responsible for performance under the Contract should it be prevented from performance by an act of war, order of legal authority, act of God, or other unavoidable cause not attributable to the fault or negligence of the City of Denton. In the event of an occurrence under this Section, the Respondent will be excused from any further performance or observance of the requirements so affected for as long as such circumstances prevail and the Respondent continues to use commercially reasonable efforts to recommence performance or observance whenever and to whatever extent possible without delay. The Respondent shall immediately notify the City of FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D Denton Procurement Manager by telephone (to be confirmed in writing within five (5) calendar days of the inception of such occurrence) and describe at a reasonable level of detail the circumstances causing the non-performance or delay in performance. 65. NON-WAIVER OF RIGHTS: Failure of a Party to require performance by another Party under the Contract will not affect the right of such Party to require performance in the future. No delay, failure, or waiver of either Party’s exercise or partial exercise of any right or remedy under the Contract shall operate to limit, impair, preclude, cancel, waive or otherwise affect such right or remedy. A waiver by a Party of any breach of any term of the Contract will not be construed as a waiver of any continuing or succeeding breach. 66. NO WAIVER OF SOVEREIGN IMMUNITY: The Parties expressly agree that no provision of the Contract is in any way intended to constitute a waiver by the City of Denton of any immunities from suit or from liability that the City of Denton may have by operation of law. 67. RECORDS RETENTION: The Respondent shall retain all financial records, supporting documents, statistical records, and any other records or books relating to the performances called for in the Contract. The Respondent shall retain all such records for a period of four (4) years after the expiration of the Contract, or until the CPA or State Auditor's Office is satisfied that all audit and litigation matters are resolved, whichever period is longer. The Respondent shall grant access to all books, records and documents pertinent to the Contract to the CPA, the State Auditor of Texas, and any federal governmental entity that has authority to review records due to federal funds being spent under the Contract. 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.City’s standard terms and conditions 4.Purchase order 5.Supplier terms and conditions FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D Exhibit C INSURANCE REQUIREMENTS AND WORKERS’ 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. 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. FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D 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: 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. FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D \[X\] 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. \[X\] WorkersÓ Compensation Insurance Contractor shall purchase and maintain Workers’ Compensation insurance which, in 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 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Workers’ Compensation 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 on an “occurrence" basis and the policy shall be issued by the same insurance company 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 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. FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D \[ \] 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 The Contractor shall provide coverage for Rigger’s Liability. Said coverage may be provided by a Rigger’s Liability endorsement on the existing CGL coverage; through and Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Rigger’s Liability Coverage form. 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 portion of this coverage should be written on a “blanket” basis to cover all employees, 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 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D ATTACHMENT 1 \[X\] WorkersÓ Compensation Coverage for Building or Construction Projects for 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 FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 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 FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D 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 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. The contractor’s failure to comply with any of these provisions is a breach of contract 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 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D Exhibit D 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 Commission’s website within seven business days. FILE 7056 DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D This quote is governed by the terms and conditions in the Clevest Master Agreement. Professional Services will be provided under a separate Statement of Work (SOW) or Change Request (CR), if applicable. Hardware is FOB origin, customer is responsible for any applicable shipping costs. Customer is responsible for any state and local excise fees and taxes. Third party products are subject to change without notice Prices subject to change after quote expiration date. Payment Schedule: Licenses - 100% on quote approval Maintenance – 100% on quote approval Hardware - 100% on ship date Services – as per the SOW or CR The undersigned acknowledges that he or she has read and agrees to the terms and conditions contained in this quote and he or she hereby represents and warrants that he or she has the authority to enter into this Agreement on behalf of his or her respective organization. Purchase Order Information Quote Approval Signature _____________________________ Is a purchase order (PO) required for the purchase or payment of the products Print Name__________________________________________Please select (Customer to complete) \[ \] No Approval date ________________________________________\[ \] Yes If yes, please complete the following: DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D PO Number: _________________________ PO Amount: _________________________ DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D DocuSign Envelope ID: FE8B3B15-3F87-4AC4-801B-A38BC788E07D 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 filingauthority not later than the 7business 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 entityDate Certificate Of Completion Envelope Id: FE8B3B153F874AC4801BA38BC788E07DStatus: Sent Subject: Please DocuSign: City Council Contract 7056 - Mobile Workforce Management Software Solutions Source Envelope: Document Pages: 44Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 1Suzzen Stroman AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)suzzen.stroman@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Suzzen StromanLocation: DocuSign 4/8/2019 4:39:10 PM suzzen.stroman@cityofdenton.com Signer EventsSignatureTimestamp Suzzen StromanSent: 4/8/2019 4:46:49 PM Completed suzzen.stroman@cityofdenton.comViewed: 4/8/2019 4:46:58 PM BuyerSigned: 4/8/2019 4:47:37 PM 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: 4/8/2019 4:47:39 PM lori.hewell@cityofdenton.comViewed: 4/9/2019 8:00:46 AM Purchasing ManagerSigned: 4/9/2019 8:02:22 AM 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: 4/9/2019 8:02:24 AM mack.reinwand@cityofdenton.comResent: 4/18/2019 1:01:14 PM City of DentonViewed: 4/11/2019 4:59:53 PM Security Level: Email, Account Authentication Signed: 4/19/2019 4:40:15 PM Signature Adoption: Pre-selected Style (None) Using IP Address: 129.120.6.150 Electronic Record and Signature Disclosure: Not Offered via DocuSign Trevor GreeneSent: 4/19/2019 4:40:17 PM Julien.Marin@clevest.comResent: 4/29/2019 2:49:13 PM CFOResent: 4/30/2019 3:04:40 PM Security Level: Email, Account Authentication Viewed: 4/19/2019 10:23:42 PM Signature Adoption: Pre-selected Style (None) Signed: 5/10/2019 12:01:56 PM Using IP Address: 72.143.223.115 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 4/19/2019 10:23:42 PM ID: 7260af8b-d91a-4187-b897-6f4cbc58db0f Signer EventsSignatureTimestamp Melissa KraftSent: 5/10/2019 12:01:58 PM Melissa.Kraft@cityofdenton.comViewed: 5/10/2019 12:07:58 PM Chief Technology OfficerSigned: 5/10/2019 12:08:36 PM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 107.77.197.31 (None) Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Tabitha MillsopSent: 5/10/2019 12:08:38 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 Tabitha MillsopSent: 4/8/2019 4:47:39 PM tabitha.millsop@cityofdenton.com City of Denton 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 sandra Allsup sandra.allsup@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Padgett stephanie.padgett@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Envelope SentHashed/Encrypted5/10/2019 12:08:38 PM 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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By checking the 'I Agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1260,Version:1 AGENDA CAPTION Consider approval of the minutes of June 3, 2019. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© CITY OF DENTON CITY COUNCIL MINUTES June 3, 2019 After determining that a quorum was present, the City Council convened in a Work Session on Monday, June 3, 2019, at 11:32 a.m. in the Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas. PRESENT: Mayor Pro Tem Gerard Hudspeth, and Council Members Keely Briggs, Jesse Davis, John Ryan, and Deb Armintor ABSENT: Mayor Chris Watts and Council Member Meltzer Also present were City Manager Todd Hileman and City Attorney Aaron Leal. In the absence of Mayor Watts, Mayor Pro Tem Hudspeth served as Presiding Officer. WORK SESSION A. ID 19-1068 Receive a report, hold a discussion, and give staff direction regarding the City t Cultural District (the Cultural Districts Program. The presentation was made and discussion followed. Following discussion, staff was directed to place the completed application packet online th meeting. Staff will provide any feedback received from the general public to the Public Arts Committee. B. ID 19-1197 Receive a report, hold a discussion, and give staff direction regarding establishing a living wage requirement. The presentation was made and discussion followed. Following discussion, staff was directed to schedule another work session to discuss the item in further detail, provide an analysis of wages (temporary and seasonal), and provide a draft of possible exemptions for contractors in the event a living wage requirement is considered. The meeting recessed for a short break at 1:11 p.m. and reconvened at 1:19 p.m. C. ID 19-911 Receive a report, hold a discussion, and provide staff direction regarding the implementation of an Acceptance of Sponsorships and Donations Policy. The presentation was made and discussion followed. City of Denton City Council Minutes June 3, 2019 Page 2 Following discussion, staff was directed to move forward as recommended and place an item on the next available meeting for consideration and approval of the policy. Staff will utilize the policy to identify possible sponsorship and donation opportunities for City programs and assets. D. ID 19-1206 Receive a report, hold a discussion, and provide staff direction regarding House photographic traffic signal enforcement system. The presentation was made and discussion followed. Following discussion, staff was directed to move forward as recommended and place an item on the next available meeting for consideration of terminating the contract with Redflex; and at a future meeting, schedule an ordinance for consideration that will repeal Chapter 18, Article IX of the Code of Ordinances. Staff to review options available on working with Redflex to remove its equipment, options on the use of the existing infrastructure, ability for the City to forgive any outstanding tickets/fines, review what enforcement alternatives exist in the intersections where the cameras will be removed from, and notify the public the program is no longer active and tickets will no longer be issued. City Attorney Leal informed the City Council he would provide additional information in an attorney-client communication on the matter. With no other business, the Work Session ended at 2:05 p.m. ____________________________________ GERARD HUDSPETH MAYOR PRO TEM 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 19-1339,Version:1 AGENDA CAPTION Consider adoption of an Ordinance of Denton authorizing the City Manager, or his designee, to execute a Pole Attachment License Agreement between the City of Denton, a Texas-Home Rule Municipal Corporation, and Unite Private Networks, LLC, a Delaware Company (“UPN”); and, providing for an effective date. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Denton Municipal Electric CFO: Tony Puente DATE: June 11, 2019 SUBJECT Consider adoption of an Ordinance of Denton authorizing the City Manager, or his designee, to execute a Pole Attachment License Agreement between the City of Denton, a Texas-Home Rule Municipal Corporation, and Unite Private Networks, LLC, a Delaware Compa effective date. BACKGROUND On September 20, 2016 the Denton City Council approved Ordinance 16-1146 which provided legal and Denton Municipal Electric pole. Utilizing the approved City of Denton pole attachment framework, UPN from a Grande Communications manhole located near Bell Street and McKinney Avenue, west along Pearl, south along Bolivar, then west along Oak Street, crossing IH35 to Jim Christal, to provide service to their client Mayday Manufacturing. The route will consist of both underground and overhead installations. This route could utilize around 100 DME poles which, based on the current Schedule PAF (Pole Attachment Fee 10-1-2018) would generate $1557 in annual revenue. UPN will utilize the current practice of requesting pole attachments through the NJUNs system. DME will inspect the requested poles stallation on DME poles. Make ready costs are paid by UPN prior to commencement of their work on DME poles. Underground extensions will UPN has shared plans to extend additional circuits throughout Denton which includes paths along Mayhill as well as locations in the North and Northwest areas of the City. However, no significant detail has been provided at this time. UPN, which is headquartered in Kansas City, MO, provides high-bandwidth, fiber-based communications networks and related services to schools, governments, carriers, data centers, hospitals, and enterprise business customers throughout the United States. UPN is regulated by the Texas Public Service Commission and by the Federal Communication Commission. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Public Utilities Board reviewed this item on June 10, 2019. EXHIBITS 1. Agenda Information Sheet 2. Ordinance 3. Texas Secretary of State LLC Search Results Respectfully submitted: Tony Puente Chief Financial Officer, City of Denton Prepared by: Jerry Fielder, P.E. Division Engineering Manager Distribution Denton Municipal Electric EXHIBIT “A” Exhibit 3 Texas Secretary of State LLC Search Results City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1368,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizinganagreementbetweentheCityofDenton andNorthTexasSolutionsforRecovery,Inc.;providingfortheexpenditureoffunds;authorizingtheCity Manager, or his Designee, to execute said agreement; and providing for an effective date. ($2,300) City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: CM/ DCM/ ACM: Todd Hileman DATE: June 11, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing an agreement between the City of Denton and North Texas Solutions for Recovery, Inc.; providing for the expenditure of funds; authorizing the City Manager, or his Designee, to execute said agreement; and providing for an effective date. ($2,300) BACKGROUND This Agreement allows for the total expenditure of $2,300 from Council Contingency Funds. (Council Member Keely Briggs, $700; and Council Member John Ryan, $1,600). Key provisions of the Agreement include: Funds shall be used by Solutions of North Texas for providing outpatient treatment services and transitional housing for men and women wishing to remain sober. 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 upon request. FISCAL INFORMATION Funding for the Agreement will come from Council Contingency Funds. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance and Agreement Respectfully submitted: Todd Hileman City Manager Prepared by: Robin Fox Senior Executive Assistant City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1340,Version:1 AGENDA CAPTION ConsideradoptionofanordinancedirectingthepublicationofNoticeofIntentiontoissue$10,110,000in principalamountofCertificatesofObligationoftheCityofDentonforGeneralGovernmentandTechnology Service projects; and providing for an effective date. City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Consider adoption of an ordinance directing the publication of Notice of Intention to issue $10,110,000 in principal amount of Certificates of Obligation of the City of Denton for General Government and Technology Service projects; and providing for an effective date. BACKGROUND This ordinance provides the Notice of Intention to issue $10,110,000 of Certificates of Obligation of the City of Denton for General Government and Technology Service projects, as required by state law. The notice will be published once a week for two consecutive weeks in the Denton Record Chronicle, with the date of the first publication to be at least thirty-one (31) days before the date tentatively set for the passage of the ordinance authorizing the issuance of the bonds. The additional $110,000 is for issuance costs and to allow flexibility in marketing and pricing the bond sale. The Audit/Finance Committee reviewed and recommended approval of the COs on April 16, 2019. Staff is proposing to issue an additional $1,000,000 over the issuance presented to the Committee. Favorable market conditions allow the additional issuance with no increase to budgeted debt service. The additional $1,000,000 is related to Municipal Parking Facilities and will be available for acquisition costs and other funding needs. Staff recommends the sale of $10,000,000 in COs for General Government and Technology Service projectsY 2018-19 CIP: 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* 6. Municipal Parking Facilities $1,000,000* Total $8,400,000 Staff anticipates the sale of $1,600,000 in COs for a Technology Service project. 1. Technology Service Server Refresh $1,600,000* Total Certificates of Obligation for General Fund and Technology Service $10,000,000 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, including the above listed projects. Projects approved through this reimbursement ordinance have been identified above with an asterisk (*). The City sells bonds in accordance with the useful life of the asset that is being acquired. For example, vehicles are typically sold with bonds that will be paid within five years. For the FY 2018-19 proposed debt issuance for General Government and Technology Service COs: $4,500,000 will be 5 year debt, $1,500,000 will be 10 year debt, and $4,000,000 will be 20 year debt. Concurrently with the sale of the COs for General Government, the City anticipates the sale of approximately $19,635,000 in General Obligation Bonds to fund the fifth year of projects approved by voters in November 2014, approximately $20,610,000 in COs for Water, Wastewater and Electric, and the potential refunding of $28,620,000 in outstanding Electric debt related to the TMPA scrubber project. If approved by the City Council, staff will proceed with the publication of the Notice of Intention and will schedule the Bond Ordinance for consideration and adoption on July 16, 2019. At that time, it is th arrangement, staff will be permitted to execute the bond sale within six (6) months of July 16, provided certain interest rate parameters are met. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 16, 2019, the Audit/Finance Committee unanimously approved that the Notice of Intention to issue Certificates of Obligation for General Government and Technology Service, as well as the issuance of General Obligation Bonds associated with the 2014 Bond program issuance of COs for both Wastewater and Electric, and a potential refunding, be forwarded to the City Council for consideration and approval. Since the Audit/Finance Committee meeting, an additional $1,000,000 has been added to the issuance related to Municipal Parking Facilities. FISCAL INFORMATION The ordinance is for the authorization to publish the Notice of Intention to sell $10,110,000 of Certificates of Obligation for General Government and Technology Service projects. A notice is only required for the Certificates of Obligation. EXHIBITS 1. Agenda Information Sheet 2. Ordinance Respectfully submitted: David Gaines, 349-8260 Assistant 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 19-1341,Version:1 AGENDA CAPTION ConsideradoptionofanordinancedirectingthepublicationofNoticeofIntentiontoissue$20,610,000in principalamountofCertificatesofObligationoftheCityofDentonforWaterworksSystem,Wastewater System and Electric System projects; and providing for an effective date. City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Consider adoption of an ordinance directing the publication of Notice of Intention to issue $20,610,000 in principal amount of Certificates of Obligation of the City of Denton for Waterworks System, Wastewater System and Electric System projects; and providing for an effective date. BACKGROUND This ordinance provides the Notice of Intention to issue $20,610,000 in principal amount of Certificates of Obligation of the City of Denton for Water System, Wastewater System and Electric System projects, as required by state law. The notice will be published once a week for two consecutive weeks in the Denton Record Chronicle, with the date of the first publication to be at least thirty-one (31) days before the date tentatively set for the passage of the ordinance authorizing the issuance of the bonds. The additional $220,000 is for issuance costs and to allow flexibility in marketing and pricing the bond sale. The Audit/Finance Committee reviewed and recommended approval of the COs on April 16, 2019. Staff recommends issuing an additional $3,000,000 over the Committee recommendation. Favorable market conditions and a reassessment of Water capital projects initiated the recommended change. The FY2018- 19 budget included the issuance of $9,250,000 for Water capital projects. Funding for many of these projects has been identified within the Water Fund. The $3,000,000 recommended for issuance will help manage revised cost estimates and allows more flexibility in the Fund 5-Year Forecast. Staff recommends the sale of $20,390,000 in COs for Water System, Wastewater System and Electric System projects. Below is a listing of recommended CO funded projects for Water System, Wastewater System and Electric System projects for the FY 2018-19 CIP: Water 1. Lake Lewisville Solids Handling - $ 2,000,000 2. Lake Lewisville Upgrade Phase II - $ 1,000,000 Wastewater 3. Service Center Renovation - $ 950,000 4. West Wet Weather Storage Facility - $ 1,500,000 5. Dry Fork Hickory Creek Tributary 1- $ 1,100,000 6. Hickory Creek Detention Facility - $ 5,500,000 7. Oversize Wastewater Lines - $ 200,000 8. Hickory Creek Interceptor III - $ 310,000 9. Westgate Heights Interceptor - $ 190,000 10. Concrete Improvements - $ 25,000 11. Effluent Reuse - $ 25,000 Subtotal Wastewater - $ 9,800,000 Electric 12. Hickory Substation (Transmission) - $ 2,000,000 13. Denton North Interchange (Transmission)- $ 550,000 14. Underwood Substation (Transmission)- $ 800,000 15. Ethernet Security Gateway Relays Multi-Station- $ 150,000 16. Substation Security (Transmission Cost)- $ 140,000 17. Brinker Substation (Transmission)- $ 900,000 18. Pockrus to Brinker/Spencer Int TM Line $ 950,000 19. Hickory Creek Substation TM UG/OH Reconfig $ 2,100,000 Subtotal Electric- $ 7,590,000 Total Certificates of Obligation for Water, Wastewater and Electric Utilities $20,390,000 The City sells bonds in accordance with the useful life of the asset that is being acquired. For example, vehicles are typically sold with bonds that will be paid within five years. For the FY 2018-19 proposed debt issuance for Water and Wastewater $12,800,000 will be 20 year debt, Electric $7,590,000 will be 30 year debt. In addition, the debt issues will also have a 9 year call option. Concurrently with the sale of the COs for Wastewater and Electric, the City anticipates the sale of approximately $19,635,000 in General Obligation Bonds to fund the fifth year of projects approved by voters in November 2014, approximately $10,110,000 in COs for General Government and Technology Service, and the potential refunding of $28,620,000 in outstanding Electric debt related to the TMPA scrubber project. If approved by the City Council, staff will proceed with the publication of the Notice of Intention and will schedule the Bond Ordinance for consideration and adoption on July 16, 2019. At that time, it is anticipated th will be permitted to execute the bond sale within six (6) months of July 16, provided certain interest rate parameters are met. RECOMMENDATION Staff recommends adoption of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) On April 16, 2019, the Audit/Finance Committee unanimously approved that the Notice of Intention to issue Certificates of Obligation for Wastewater System and Electric System projects, as well as the issuance of General Obligation Bonds associated with the 2014 Bond program, issuance of COs for General Government and Technology Service projects, and a potential refunding be forwarded to the City Council for consideration and approval. As noted above, staff is recommending issuance of an additional $3,000,000 for Water projects over the issuance presented to the Committee. FISCAL INFORMATION The ordinance is for the authorization to publish the Notice of Intention to sell $20,610,000 of Certificates of Obligation for Water System, Wastewater System and Electric System projects. A notice is only required for the Certificates of Obligation. EXHIBITS 1. Agenda Information Sheet 2. Ordinance Respectfully submitted: David Gaines, 349-8260 Assistant 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 19-1233,Version:1 AGENDA CAPTION Consider adoption of an ordinance by the City of Denton, Texas,authorizing the City Manager to terminate a contract with Redflex Traffic Systems USA (“Redflex”) for the operation of an automatic traffic signal enforcement system. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: City Manager’s Office CM:Todd Hileman DATE: June 11, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, TX authorizing the City Manager to terminate a contract with Redflex Traffic Systems USA (“Redflex”) for the operation of an automatic traffic signal enforcement system. BACKGROUND On December 7, 2004, the City of Denton adopted Ordinance 2004-389 adopting portions of Chapter 707 of the Texas Transportation Code authorizing a photographic traffic signal enforcement (red-light camera) system. This authorization was amended on August 21, 2007, by Ordinance 2007-169. On November 15, 2005, the City Council authorized the City Manager to enter into a contract with Redflex Traffic Systems USA for the administration of an automated traffic signal enforcement system, or a “red-light camera” system. The contract was amended on July 21, 2009, allow for an additional five (5) year contract term, with the option for two additional five (5) year extensions. The City exercised the first extension in 2014 and would be eligible to exercise the second extension on or before July 20, 2019. House Bill 1631 became effective on June 2, 2019. This bill amends the Transportation Code to prohibit local authorities, including municipalities, from operating a photographic traffic signal enforcement system, or red-light camera. If a city entered into a contract for the administration and enforcement of a red-light camera prior to May 7, 2019, the City may continue to operate the system until the end of the contract term. H.B. 1631 contains a provision allowing a city to continue to operate a system until the end of the contract term if the city entered into a contract for the administration and enforcement of a red-light camera system prior to May 7, 2019. However, this provision does not apply to any City whose contract language authorizes the termination of the contract on the basis of adverse state legislation. The City of Denton contract with Redflex Traffic Systems, while in effect on May 7, 2019, contains language allowing the termination of the contract based on adverse state legislation. As a result, the will no longer have the legal authority to operate a red-light camera system after the June 1, 2019. The ordinance under consideration terminates the contract between the City and Redflex. Any citations issued prior to the effective date of H.B. would remain legal and valid, and any post-termination services such as fee payment and processing would need to be provided beyond the contract termination. Staff is evaluating the provision of these services within a short-term contract with Redflex. Another ordinance, to be considered on a separate date, will repeal Chapter 18, Article IX of the Code of Ordinances to align our local laws with state statute. PRIOR ACTION/REVIEW On December 7, 2004, the City of Denton adopted Ordinance 2004-389 authorizing a photographic traffic signal enforcement (red-light camera) system. This authorization was amended on August 21, 2007, by Ordinance 2007- 169. On June 3, 2011, the City Council received a work session update on the impact of H.B. 1631 Agenda Information Sheet April 23, 2019 Page 2 EXHIBITS Exhibit 1 – Agenda Information Sheet Exhibit 2 – Ordinance Exhibit 3 – June 3 Work Session Presentation Exhibit 4 – 2005 Redflex Contract Exhibit 5 – 2009 Redflex Contract Amendment Respectfully submitted: Ryan Adams Deputy Director of Public Services/IGR SignatureonFile SignatureonFile SignatureonFile Mark J. Talbot Redflex Traffic Systems, Inc. th 15020 North 74 Street Scottsdale, AZ 85260 ATTN: Karen Finley RE: Agreement between the City of Denton and Redflex Traffic System, Inc. Mr. Talbot - Our records indicate that the current term of our contract for the Photo Red Light Enforcement Program will terminate on July 20, 2019. The City of Denton will not renew or extend the existing agreement, and thus the agreement will terminate on July 20, 2019. Additionally, such programs are no longer permitted in the State of Texas per HB 1631 as of June 2, 2019. Section 6 of the Agreement Between the City of Denton and Redflex Traffic Systems, Inc. for Photo Red Light Enforcement Program dated November 15, 2005, amended July 21, 2009, and extended by letter dated June 10, 2013 allows for: \[e\]ither party shall have the right to terminate this Agreement immediately by written notice to the other if (i) state statutes are amended to prohibit or substantially change the operation of photo red light enforcement systems. Thus the City of Denton is also terminating the agreement with Redflex Traffic Systems in accordance with Section 6 in light of HB 1631. Please contact James Andrews, Traffic Operations Manager at james.andrews@cityofdenton.com or (940) 349-7342 to coordinate the removal of Redflex equipment from City of Denton intersections. Additionally, please allow this communication to serve as notice of termination from any and all remaining contracts between the City of Denton and Redflex Traffic Systems, Inc. We appreciate the years of service by your company and look forward to a cooperative winding-up period. Please let us know if you have any questions related to this matter. Sincerely, Todd Hileman City Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1259,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractwithBeanElectrical,Inc.,fortrafficsignalconstructionservicesforthe CityofDenton;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(RFP7029- awarded to Bean Electrical, Inc., in the three (3) year not-to-exceed amount of $5,000,000). City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 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 Bean Electrical, Inc., for traffic signal construction services for the City of Denton; providing for the expenditure of funds therefor; and providing an effective date (RFP 7029 awarded to Bean Electrical, Inc., in the three (3) year not-to-exceed amount of $5,000,000). RFP INFORMATION /BACKGROUND This Request for Proposal is to select a contractor who can provide the City of Denton equipment, supervision, bonds, and insurance to complete tasks associated with traffic signal removal or installation. The contractor will closely monitor the construction schedule for each signal and should begin construction (mobilize) within 2 to 3 weeks of receiving authorization from City Council. This will ensure timely completion of the overall work effort under this contract. The City has developed the following intersection list for traffic signal improvements: Traffic Signals Ready for Construction: The following four intersections are ready to be constructed as the set of design plans have been signed and sealed: - Oak at Jagoe Bid Cost = $276,572.15 - Oak at Fry Bid Cost = $279,461.10 - Bell at Mingo Bid Cost = $375,872.70 - Bell at Sherman Bid Cost = $436,708.40 These four traffic signals are anticipated to begin construction in 2019 with a total construction cost of $1,368,614.35. Traffic Signals Under Design: The following seven intersections are under design and will be finalized during the 2019-2020 fiscal year. - Locust at Windsor - Sherman at Windsor - McKinney at Locust - McKinney at Elm - McKinney at Bell - McKinney at Woodrow - Hickory at Bell These seven traffic signals are anticipated to begin construction in 2020 with an estimated construction cost of $2,400,000. The $1,200,000 remaining on the third year of the contract will allow for an additional three intersections to be installed. Requests for Proposals was sent to 187 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. One (1) proposal was received and evaluated based upon published criteria including project schedule, probable performance, and price. RECOMMENDATION Award a contract with Bean Electrical, Inc., for traffic signal construction services, in the three (3) year not- to-exceed amount of $5,000,000. PRINCIPAL PLACE OF BUSINESS Bean Electrical, Inc. Fort Worth, TX ESTIMATED SCHEDULE OF PROJECT This project will commence upon approval and continue for a duration of three (3) years. A refined schedule will be determined with the contractor after the contract has been awarded. Traffic Signal Construction Schedule Oak at Jagoe Oak at Fry 2019 Bell at Mingo Bell at Sherman Locust at Windsor Sherman at Windsor McKinney at Locust McKinney at Elm 2020 McKinney at Bell McKinney at Woodrow Hickory at Bell Unknown Intersection #1 Unknown Intersection #2 2021 Unknown Intersection #3 FISCAL INFORMATION Requisitions will be entered in the Purchasing software system in the amount of $1,367,780.35 for the four traffic signals ready to construct in 2019. Each intersection will be assigned a separate Purchase Order. Currently, traffic engineering has budgeted $4,000,000 but plans to budget the additional $1,000,000 for the final year of the contract. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Pritam Deshmukh at 940-349-7710. Legal point of contact: Mack Reinwand at 940-349-8333. DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND BEAN ELECTRICAL, INC. (RFP 7029) THIS CONTRACT is made and entered into this date , by and between BEAN ELECTRICAL, INC. a Texas Corporation, whose address is P.O. Box 40016, Fort Worth, Texas 76140, 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 RFP# 7029, 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 Request for Proposal # 7029 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) Conflict of Interest Questionnaire 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. IN WITNESS WHEREOF, the parties of these presents have executed this Contract in the year and day first above written. DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 CONTRACTOR THIS AGREEMENT HAS BEEN BY: ______________________________ BOTH REVIEWED AND APPROVED AUTHORIZED SIGNATURE as to financial and operational obligations and business terms. Date: _______________________________ Printed Name:________________________ _______________ ________________ SIGNATURE PRINTED NAME Title: _______________________________ __________________________________ ___________________________________ TITLE PHONE NUMBER __________________________________ ___________________________________ DEPARTMENT EMAIL ADDRESS ___________________________________ TEXAS ETHICS COMMISSION CERTIFICATE NUMBER CITY OF DENTON, TEXAS 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: 8A986D7D-CE0E-4A85-A758-1F2A38824959 EXHIBIT A SPECIAL TERMS AND CONDITIONS Total Contract Amount The Contract total for services shall not exceed $5,000,000. Pricing shall be per Exhibit G attached. Contract Term The Contract term will be three (3) years, effective from date of award. The contract shall commence upon the issuance of a Notice of Award. Individual purchase orders will be issued on an as needed basis along with work order to include all plans and specifications for each individual project. Quantities The quantities indicated on Exhibit G are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 Pritam Deshmukh, City of Denton Traffic Department emailed to pritam.deshmukh@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 -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 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 of the Prime e 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 by Contract or otherwise for the account and at the expense of the Prime Contractor, and Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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. 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 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 Contract Documents 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 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 concerning the Work or the site of the Work will use the term 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 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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) (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 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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) 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 carry out Work as described in Paragraph 2.4. (g) performance of the Work to assist the Architect/Engineer in the performance of 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 Paragraph 12.2. 2.4 O 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 thereafter due the Prime Contractor are not sufficient to cover the cost of correction, the Prime Contractor shall pay the difference to the Owner. 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, 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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. 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 Contraall 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 Contra 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 s costs for unloading and 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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, 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 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 of time related to the cause of the request. If the Co 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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. 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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 ifications, or impacts, direct 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 writt 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. (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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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). (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 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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- 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (c) Owner reserves the right to appoint a representative empowered to act for the Owner during ruction 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 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, 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 agraph 4.3. The Architect/Engineer and the Owner will not be responsible for the Prime 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 consultants shall be through the Architect/Engineer. Communications 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 only for the limited purpose of checking for conformance with information given and the design concept expressed 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 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 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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 roval before issuing 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 (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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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) on of the Work where the Prime Contractor was not at fault; or (6) other reasonable grounds. (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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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. (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. o Order Acceleration and to 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 Subcontr 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 -su to throughout the Contract Documents as if singular in number and means a Sub- subcontractor or an authorized representative of the Sub-subcontractor. 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 AWARD SEPARATE CONTRACTS (a) The Owner reserves the right to perform construction or operations related to the Project 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 (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 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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: Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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; (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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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. 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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. 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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. (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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 an approved sch 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 Contractor and Owner in writing 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. 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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; Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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. (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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 Architect/Engineer finds the Work acceptable under the Contract Documents and the Contract Documents fully performed, the Architect/Engineer will promptly issue a final info 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 itled to final payment 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 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. (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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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; (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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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. 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, Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 rect and maintain sufficient 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. 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 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 provided upon request of 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 (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: Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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. 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. 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (d) 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 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 completed. The Prime Contractor shall bear costs of correcting such rejected Work, including additional testing and inspections and compensation for the y. (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 Work remains in effect for: Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 the Prime expense. If the 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 removal of Work which 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 o 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 Owner may, in the O 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. 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 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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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. (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, Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 Architect/Engineer and termination. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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 the Contra 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 written notice, the Prime 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; (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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 (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. 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 less remain 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 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 Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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. (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. Contract 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 th 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 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 EXHIBIT D PAYMENT AND PERFORMANCE BOND REQUIREMENTS 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 the existing CGL coverage; through and 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 es, 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 ATTACHMENT 1 \[X\] Compensation Coverage for Building or Construction Projects for 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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 # 7029 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 DocuSign Envelope ID: 8A986D7D-CE0E-4A85-A758-1F2A38824959 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: 8A986D7DCE0E4A85A7581F2A38824959Status: Sent Subject: Please DocuSign: City Council Contract 7029 Traffic Signal Construction Source Envelope: Document Pages: 95Signatures: 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 5/24/2019 9:05:27 AM Jamie.Cogdell@cityofdenton.com Signer EventsSignatureTimestamp Jamie CogdellSent: 5/24/2019 9:05:53 AM Completed jamie.cogdell@cityofdenton.comViewed: 5/24/2019 9:06:00 AM Senior BuyerSigned: 5/24/2019 9:07:11 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: 5/24/2019 9:07:14 AM lori.hewell@cityofdenton.comViewed: 5/24/2019 9:10:57 AM Purchasing ManagerSigned: 5/24/2019 9:11:08 AM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 47.184.68.6 (None) Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack ReinwandSent: 5/24/2019 9:11:11 AM mack.reinwand@cityofdenton.comViewed: 5/24/2019 11:00:58 AM City of DentonSigned: 5/24/2019 11:05:30 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 Roy Bean IISent: 5/24/2019 11:05:33 AM cbean@beanelectrical.comResent: 5/24/2019 12:25:35 PM PresidentViewed: 5/24/2019 11:06:33 AM Bean Electrical, IncSigned: 5/24/2019 1:35:54 PM Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 71.86.127.142 (None) Electronic Record and Signature Disclosure: Accepted: 5/24/2019 11:06:33 AM ID: ad92d716-8115-4fa7-9670-a404e5df40b7 Signer EventsSignatureTimestamp Todd EstesSent: 5/24/2019 1:35:57 PM todd.estes@cityofdenton.comViewed: 5/24/2019 9:04:25 PM City EngineerSigned: 5/28/2019 8:26:32 AM Capital Projects Signature Adoption: Drawn on Device Security Level: Email, Account Authentication Using IP Address: 174.227.12.217 (None) Signed using mobile Electronic Record and Signature Disclosure: Accepted: 5/24/2019 9:04:25 PM ID: 4350dcfe-b6f3-4d69-9156-6a0d32867f12 Tabitha MillsopSent: 5/28/2019 8:26:35 AM 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: 5/24/2019 9:07:14 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: 5/24/2019 9:07:14 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 Annie BungerSent: 5/24/2019 1:35:57 PM annie.bunger@cityofdenton.comViewed: 5/24/2019 1:37:33 PM Administrative Assistant IV City of Denton 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 Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pamela Alummoottil pamela.alummoottil@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pritam Deshmukh pritam.deshmukh@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/Encrypted5/28/2019 8:26:35 AM 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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All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. 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By checking the 'I Agree' box, I confirm that: I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify City of Denton as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Denton during the course of my relationship with you. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1284,Version:1 AGENDA CAPTION Considernominations/appointmentstotheCity’sBoards,Commissions,andCommittees:BoardofEthics, CommitteeonPersonswithDisabilities,Health&BuildingStandardsCommission,andZoningBoardof Adjustment. City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 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 Board of Ethics Alternate Member ALL Committee on Persons with Disabilities Davis Health & Building Standards Commission Ryan Susan Seaborn Zoning Board of Adjustment - Alternate Meltzer City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1304,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDentonauthorizingtheexecutionofacontractofsalebetween theCityofDenton,asbuyer,andAllywayRealEstate,LTD.,asseller,forthepurchaseofa0.361acretract, moreorless,beingsituatedintheEPuchalskiSurvey,AbstractNo.996,locatedintheCityofDenton,Denton County,Texasandknownlocallyas1302WestOakStreet,forthepurchasepriceofThreeHundredNinety ThousandDollarsandNo/100($390,000.00);authorizingtheexpenditureoffundstherefor;providingfor severability; and providing an effective date. City of DentonPage 1 of 1Printed on 6/7/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET FILE ID 19-1304 DEPARTMENT: Capital Projects CM/ACM: Mario Canizares DATE: June 11, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton authorizing the execution of a contract of sale between the City of Denton, as buyer, and Allyway Real Estate, LTD., as seller, for the purchase of a 0.361 acre tract, more or less, being situated in the E Puchalski Survey, Abstract No. 996, located in the City of Denton, Denton County, Texas and known locally as 1302 West Oak Street, for the purchase price of Three Hundred Ninety Thousand Dollars and No/100 ($390,000.00); authorizing the expenditure of funds therefor; providing for severability; and providing an effective date. BACKGROUND In February 2019, staff was directed to contact the owner of a vacant lot at 1302 West Oak Street to determine his willingness to voluntarily sell the lot to the City for possible use as additional public parking in the area, or to hold for a future public use. Staff obtained an independent appraisal of the 0.357 acre lot ($390,000.00). The subject property is currently zoned DC-G (Downtown Commercial) and has a Future Land use designation of Neighborhood/University Compatibility Area. In March, staff received direction to contact the property owner in an effort to gauge interest in a voluntary Real Estate, LTD./Allyway General, LLC) confirmed a willingness to sell the property for the appraised value. On Friday Ma staff for City Council consideration. If a council member determines that he or she has a conflict of interest pursuant to the Ethics Ordinance, he or she may contact th of this agenda item. OPTIONS 1. Approve proposed ordinance 2. Decline to approve proposed ordinance RECOMMENDATION Staff recommends approval of the ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City Council (Closed Session: March 19, 2019) City Council (Closed Session: April 16, 2019) FISCAL INFORMATION The JD Edwards account number for the acquisition is 300093469.1365.30100 EXHIBITS 1 - Agenda Information Sheet 2 - Site map 3- Ordinance (subject Contract of Sale) Respectfully submitted: Deanna Cody, Deputy Director Capital Projects-Real Estate Prepared by: Deanna Cody, Deputy Director Capital Projects-Real Estate ExhibitA City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:S18-0005f,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,approvingaSpecific UsePermittoallowforamulti-familydwellinguseonanapproximately9.91acresite,generallylocatedwest ofMockingbirdLane,southofMingoRoad,intheCityofDenton,DentonCounty,Texas;providingfora penaltyinthemaximumamountof$2000.00forviolationsthereof;providingforseverability;andestablishing aneffectivedate.ThePlanningandZoningCommissionrecommendsapproval6-0,withconditions.THIS ITEMWASPOSTPONEDBYCITYCOUNCILONMAY7,2019.SUBSEQUENTLYTHEAPPLICANT HASREQUESTEDTHATTHISITEMBEFURTHERPOSTPONEDTOTHEJULY16,2019CITY COUNCIL MEETING. (S18-0005f, Mockingbird Multifamily, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 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 for a multi-family dwelling use on an approximately 9.91 acre site, generally located west of Mockingbird Lane, south of Mingo Road, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval 6-0, with conditions. THIS ITEM WAS POSTPONED BY CITY COUNCIL ON MAY 7, 2019. SUBSEQUENTLY THE APPLICANT HAS REQUESTED THAT THIS ITEM BE FURHTER POSTPONED TO THE JULY 16, 2019 CITY COUNCIL MEETING. (S18-0005f, Mockingbird Multifamily, Ron Menguita) BACKGROUND On June 4, 2019, staff received an email from the applicant requesting that this item be postponed to the July 16, 2019 City Council meeting stating that the property owner will be out of the country due to an urgent family matter. On May 7, 2019 the City Council postponed the subject item to the June 11, 2019 meeting to allow the applicant and staff time to prepare responses related to traffic and tree preservation. After the meeting the Planning staff consulted with Pritam Deshmukh, Deputy City Engineer, and made him aware of Council’s request. In response, Mr. Deshmukh prepared a draft Informal Staff Report (ISR) summarizing the Traffic Impact Analysis prepared for the subject project. A copy of the of the ISR will be available as part of the July 16, 2019 Council backup. Pritam Deshmukh will also be present at the meeting to answer any questions and/or provide additional information regarding the traffic analysis. In addition to the traffic, the Council requested clarification on how the project will preserve existing trees onsite. The applicant’s proposed Tree Preservation Plan will be available as part of the July 16, 2019 Council backup. Below is a table summarizing what is being proposed to be preserved. Type of Trees Required to be Preserved Proposed to be Preserved Protected Trees None 30% (If removed, mitigated at a 1:2 ratio) Quality Trees 25% 36% Large Secondary Trees None 31% (If removed, mitigated at a 1:1 ratio) Secondary Trees 12.5%27% The applicant initially submitted a Specific Use Permit (SUP) request under the NRMU-12 Zoning District and after staff reviewed of the Preliminary Site Plan it was determined that the proposed number of dwelling units exceeded what is allowed under NRMU-12. Subsequently the applicant applied for a zoning change from NRMU-12 to Neighborhood Residential Mixed Use (NRMU). The purpose of the zoning change request from NRMU-12 to NRMU is to allow for more density. The maximum dwelling units per acre under NRMU-12 is 12 and the maximum dwelling units per acre for NRMU is 30. Under the NRMU-12 Zoning District the property can develop up to 118 units. Under the NRMU Zoning District the property can develop up to 297 units. An increase of 179 dwelling units. During the November 14, 2018 Planning and Zoning Commission public hearing, after listening to the comments from the Planning and Zoning Commissioners and the citizens that spoke at the public hearing, the applicant requested that the both items (zoning change and SUP requests) be postponed allowing more time to meet with the surrounding property owners and to respond to the comments from the public hearing. The Planning and Zoning Commission continued the item to a date indefinitely. On January 31, 2019, the applicant held a neighborhood meeting and shared a new site plan, landscape plan, and building elevations. The new site and landscape plans and building elevations reflect a lower density of less than 12 units per acre. Because the proposed project does not exceed the maximum density of 12 units per acre, the zoning change request is no longer needed since. Therefore, the applicant has withdrawn their zoning change request (Z18-0022). However, the SUP to allow for a multi-family dwelling use is still required. A Staff Analysis for the SUP is provided as Exhibit 2. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item PRIOR ACTION/REVIEW (Council, Boards, Commissions) The subject property was zoned NRMU-12 as part of the 2002 city-wide rezoning. November 14, 2018 - Planning and Zoning Commission Public Hearing. February 20, 2019 - Planning and Zoning Commission Public Hearing, the item was postponed to the next meeting. March 6, 2019 - Planning and Zoning Commission Public Hearing, the item was postponed to the next meeting. March 20, 2019 – The Planning and Zoning Commission held a Public Hearing and recommends approval of the SUP request 6-0. May 7, 2019 – The City Council held a public hearing and postponed the item to the June 11, 2019 meeting. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1.Agenda Information Sheet Respectfully submitted: Richard Cannone, AICP Deputy Director/Planning Director Prepared by: Ron Menguita, AICP Principal Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0008a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaRegionalCenterResidential2(RCR-2)andRegionalCenter CommercialNeighborhood(RCC-N)toaHighwayCorridor(HC)zoningdistrictanduseclassification,on approximately18.49acresofland,generallylocatedeastofLillianMillerParkwayandsouthofI-35Einthe CityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingfor apenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverabilityandan effectivedate.THISITEMHASBEENPOSTPONEDINDEFINITELY.(ZCI19-0008a,CityInitiatedZoning Change - Area 8, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Residential 2 (RCR-2) and Regional Center Commercial Neighborhood (RCC-N) to a Highway Corridor (HC) zoning district and use classification, on approximately 18.49 acres of land, generally located east of Lillian Miller Parkway and south of I-35E 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 an effective date. THIS ITEM HAS BEEN POSTPONED INDEFINITELY. (ZCI19- 0008a, City Initiated Zoning Change - Area 8, Ron Menguita) BACKGROUND The Planning and Zoning Commission voted 6-0 to postpone this item indefinitely to allow staff to conduct further research and analysis. On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to be updated to reflect the community’s vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&ZDateCCDateAreas/OrdinancesParcelsLocation May29June1123139I35E June26July2321350I35N,US380,and Loop288 July10August6TBDTBDUS377,Teasley Lane,and Neighborhood University CompatibilityAreas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1.Agenda Information Sheet Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0009a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaRegionalCenterResidential1(RCR-1)andRegionalCenter CommercialDowntown(RCC-D)toaSuburbanCorridor(SC)zoningdistrictanduseclassification,on approximately25.74acresofland,generallylocatedwestofSanJacintoBoulevardandnorthofI35Einthe CityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingfor apenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverabilityandan effectivedate.THISITEMHASBEENPOSTPONEDTOTHEJULY16,2019MEETING.(ZCI19-0009a, City Initiated Zoning Change - Area 9, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) to a Suburban Corridor (SC) zoning district and use classification, on approximately 25.74 acres of land, generally located west of San Jacinto Boulevard and north of I35E 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 an effective date. THIS ITEM HAS BEEN POSTPONED TO THE JULY 16, 2019 MEETING. (ZCI19-0009a, City Initiated Zoning Change - Area 9, Ron Menguita) BACKGROUND This item, ZCI19-0009, City Initiated Zoning Change - Area 9, has been postponed to the July 16, 2019 meeting due to notification issues. On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to be updated to reflect the community’s vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&ZDateCCDateAreas/OrdinancesParcelsLocation May29June1123139I35E June26July2321350I35N,US380,and Loop288 July10August6TBDTBDUS377,Teasley Lane,and Neighborhood University CompatibilityAreas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1.Agenda Information Sheet Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0001a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromRegionalCenterResidential1(RCR-1)totheHighwayCorridor(HC) zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18- 0009q),onapproximately1.88acresofland,generallylocatedonthesoutheastcornerofShadyShoresRoad andLakeviewBoulevard,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoning map;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingfor severabilityandestablishinganeffectivedate.(ZCI19-0001a,CityInitiatedZoningChange-Area1,Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Regional Center Residential 1 (RCR-1) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 1.88 acres of land, generally located on the southeast corner of Shady Shores Road and Lakeview Boulevard, in the City of Denton, Denton County, Texas; amending 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. (ZCI19-0001a, City Initiated Zoning Change - Area 1, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 1. PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 29, 2019 Planning and Zoning Commission Public Hearing DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 1 Notification Map Area 1 095190380 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/21/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0001 Area 1.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER RESIDENTIAL 1 (RCR-1) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009q), ON APPROXIMATELY 1.88 ACRES OF LAND, GENERALLY LOCATED ON THE SOUTHEAST CORNER OF SHADY SHORES ROAD AND LAKEVIEW BOULEVARD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0001) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Regional Center Residential 1 (RCR-1) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 1.88 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law, and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Regional Center Residential 1 (RCR-1) to a Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. All that certain tract or parcel of land situated in the G. Walker Survey, Abstract 1330, Denton County, Texas, being part of the 7.5650 acre tract conveyed to Utter Properties, LLC., from Southwest Land Investments Partnership, Ltd., as recorded be County Clerk Instrument Number 1996-66237, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING at a point being the northwest corner of Lot 1, Block A, Bill Utter Ford Addition, as recorded in Cabinet P, Page 357, Plat Records, Denton County, Texas, and being on the east line of Post Oak Drive; ot 1, a distance of 30 feet to a point for a corner; 140.82 feet to a point for a corner, being the northeast corner of the herein described tract and being on the south line of Shady Shores Road; distance of 418.78 to point for a corner, being northeast corner of the herein described tract; he northeast corner of said Lot 1 and continuing along the east line of said Lot 1, a total distance of approximately 157 feet to a point for a corner and being the southeast corner of the herein described tract; THENCE Westerly, across said Lot 2 a distance of approximately 541 feet to a point for a corner on the west line of said Lot 1, being on the east line of said Post Oak Drive and being the southwest corner of the herein described tract; Oak Drive and the west line of said Lot 1, a distance of approximately 120 feet to the place of beginning, containing in all approximately 2.0 acres of land, is commonly known as DCAD Property ID No. 38919. Exhibit B Planning Staff Analysis ZCI19-0001 City Initiated Zoning Changes (Area 1) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Regional Center Residential 1 (RCR-1) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 1.88 acres of land, generally located on the southeast corner of Shady Shores Road and Lakeview Boulevard, in the City of Denton, Denton County, Texas; amending a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishing an effective date. (ZCI19-0001a, City Initiated Zoning Change - Area 1, Ron Menguita) AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE 4901 S STEMMONS Bill Utter Ford Automotive 1 38919 UTTER PROPERTIES LLC FWY Sales or Leasing SIZE: 1.88 acres 2002 ZONING: Regional Center Residential 1 (RCR-1) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Bill Utter Ford Automotive Sales or Leasing STATUS: Automotive Sales or Leasing is not permitted in the MN, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. BACKGROUND: The subject property (northern portion of the Bill Utter Ford Dealership) is in the City of Denton. The remaining Dealership to the south is in the City of Corinth. The subject property was annexed in 1974. UTTER PROPERTIES LLC purchased the property in 1996. SITE DATA: The subject property is primarily undeveloped, except for a small portion that is developed with a parking lot associated with the Bill Utter Ford Dealership. The property does not contain any FEMA or ESA designations. The property has frontage on Lakeview Boulevard to the west and Shady Shores Road to the north. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Highway Corridor Zoning: Mixed-Use Zoning: Mixed-Use (HC) Neighborhood (MN) Neighborhood (MN) Use: Undeveloped Uses: Single-family Detached Use: Single-family Detached Dwelling Property Dwelling West: East: Zoning: Highway Corridor Zoning: Mixed-Use (HC) SUBJECT PROPERTY Neighborhood (MN) Use: Undeveloped Use: Undeveloped Southwest: South: Southeast: Zoning: City of Corinth Zoning: City of Corinth Zoning: City of Corinth Use: Office Use: Bill Utter Ford Use: Undeveloped Automotive Sales or Leasing PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 5 notices were sent to property owners within 200 feet of the subject property, 7 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1. UTTER PROPERTIES LLC owns the subject parcel. 2. A portion of the parking lot associated with the Bill Utter Ford Dealership is within the subject property. 3. The subject area is developed with an Automotive Sales or Leasing use. 4. Automotive Sales or Leasing is not permitted in the MN, but is permitted in the HC. 5. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. 6. The area is within proximity to I-35E. 7. The area is border to the north by Shady Shores Road. 8. The purpose of Highway Corridor is intended to provide high-intensity commercial uses -fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Regional Center Residential 1 (RCR-1) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 1 Site Location Area 1 050100200 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/16/2019 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. Area 1 Future Land Use Map Low Residential Parks / Open Space Community Mixed Use Area 1 0105210420 Feet SITECommunity Mixed Use Future Land Use µ Parks / Open Space Low Residential Parcels Regional Mixed Use Roads Date: 5/21/2019 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. Area 1 Zoning Map (2002) PD CM-G RCR-1 Area 1 095190380 Feet SITECM-GRCR-1 µ PD Parcels Roads Date: 5/21/2019 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. Area 1 2019 Zoning Map PD SC MN HC Area 1 35E § ¨¦ 055110220 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0002a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaRegionalCenterCommercialDowntown(RCC-D)toa HighwayCorridor(HC)zoningdistrictanduseclassification,onapproximately35.61acresofland,generally locatedsouthofPockrusPageRoadandnorthofI-35EintheCityofDenton,DentonCounty,Texas;adopting anamendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00 forviolationsthereof;providingforseverabilityandaneffectivedate.ThePlanningandZoningCommission recommendedapproval6-0oftherequest.(ZCI19-0002a,CityInitiatedZoningChange-Area2,Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Commercial Downtown (RCC- D) to a Highway Corridor (HC) zoning district and use classification, on approximately 35.61 acres of land, generally located south of Pockrus Page Road and north of I-35E in the City of Denton, Denton County, amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0002a, City Initiated Zoning Change - Area 2, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 2. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Public Hearing Notice Responses 13. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 2 Notification Map Area 2 0190380760 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/21/2019 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. Menguita, Ron P. From:Nikki Dinari <nikdinari@yahoo.com> Sent:Thursday, May 30, 2019 7:05 PM To:Menguita, Ron P. Subject:RE: A1330AG Walker TR Property ID # 38999 HiRon, Ialsowantedtoletyouknowthatperourphoneconversationearlier,IhavenoobjectiontoHCzoning. Thanksagainforyourpromptnessinthismatter. N.Dinari OnThu,5/30/19,Menguita,RonP.<Ron.Menguita@cityofdenton.com>wrote: Subject:RE:A1330AGWalkerTRPropertyID#38999 To:"NikkiDinari"<nikdinari@yahoo.com> Date:Thursday,May30,2019,12:22PM #yiv8269475494 #yiv8269475494 _filtered#yiv8269475494{panose1:2453546324;} _filtered#yiv8269475494{fontfamily:Calibri;panose1:215 52224324;} #yiv8269475494 #yiv8269475494p.yiv8269475494MsoNormal,#yiv8269475494li.yiv8269475494MsoNormal,#yiv8269475494 div.yiv8269475494MsoNormal {margin:0in;marginbottom:.0001pt;fontsize:11.0pt;fontfamily:sansserif;} #yiv8269475494a:link,#yiv8269475494 span.yiv8269475494MsoHyperlink {color:#0563C1;textdecoration:underline;} #yiv8269475494a:visited,#yiv8269475494span.yiv8269475494MsoHyperlinkFollowed {color:#954F72;textdecoration:underline;} #yiv8269475494span.yiv8269475494EmailStyle17 {fontfamily:sansserif;color:windowtext;} #yiv8269475494.yiv8269475494MsoChpDefault {fontfamily:sansserif;} _filtered#yiv8269475494{margin:1.0in1.0in1.0in1.0in;} #yiv8269475494div.yiv8269475494WordSection1 {} #yiv8269475494 Peryourrequest. Thanks. RonMenguita,AICP|PrincipalPlannerDepartmentofDevelopmentServices|PlanningDivision Office:(940)3498328|Fax:(940) 1 S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0002 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 35.61 ACRES OF LAND, GENERALLY LOCATED SOUTH OF POCKRUS PAGE ROAD, AND NORTH OF I-35E IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE 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. (ZCI19-0002) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Regional Center Commercial Downtown (RCC-D) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 35.61 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Regional Center Residential 1 (RCR-1) to a Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 1, Block A, Eckert Hyundai Addition as recorded by Instrument No. 2008-135207, Plat Records, Denton County, Texas. And being the same property addressed at 4011 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 38852. 2. Being Lot 2, Block 1, Nationwide Housing Addition as recorded by Instrument No. 2003- 50388, Plat Records, Denton County, Texas. And being the same property addressed at 3939 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 255437. 3. Being Lot 1, Block A, House Smart Addition as recorded in Cabinet U, Page 464, Plat Records, Denton County, Texas. And being the same property addressed at 3550 Pockrus Page Rd. Denton, Texas, is commonly known as DCAD Property ID No. 245161. 4. Being Lot 1A1, Block 1, Nationwide Housing Addition as recorded by Instrument No. 2005- 70510, Plat Records, Denton County, Texas. And being the same property addressed at 4001 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 282693. 5. Being all that certain lot, tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330 in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from North Dallas Brokers, Inc. to Denton I-35 Partnership recorded in Volume 4500, Page 1226, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNlNG at an iron rod found for comer in the North line of Interstate Highway Number 35-E, a public roadway, said point being the Southwest comer of that certain tract of land conveyed by deed from Coy N. Ward and wife, Eucelene Ward to Francis B. Self and wife, Wanda Self recorded in Volume 474, Page 675, Deed Records, Denton County, Texas; THENCE North 55° 11' 11" West, 111.03 feet with said North line of said Interstate Highway to an iron rod set for comer; THENCE North 49° 57' 44", 1116.46 feet with said North line of said Interstate Highway to an iron rod found for comer, said point being the Southeast comer of Lot 1, Block A of Lissberger Addition, and Addition to the City of Denton, Denton Count)', Texas, according to the Plate thereof, recorded in Cabinet H, Page 196, Plat Records, Denton County, Texas; THENCE North 42° 56' 51" East, 221.38 feet with the East line of said Lissberger Addition to an iron rod set for comer in the South line of "Rails to Trails" corridor; THENCE along the arc of a curve to the left having a central angle of 41° 33' 45", a radius of 1273.57 feet, an arc length of923.85 feet, whose chord bears S 67° 15' 41" East, 903.73 feet with said South line of "Rails to Trails" corridor to an iron rod found for comer, said point being the Northwest comer of said Self tract; THENCE South 03° 41' 41" West, 595.56 feet with the West line of said Self tract to the Place of Beginning and containing 7.928 acres of land, is commonly known as DCAD Property ID No. 38999. 6. Being Lot 1, Block A, Classic Cars Addition as recorded by Instrument No. 2014-266, Plat Records, Denton County, Texas. And being the same property addressed at 4991 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 648271. 7. Being Lot 1, Block A, Lissberger Addition as recorded in Cabinet H, Page 196, Plat Records, Denton County, Texas. And being the same property addressed at 4145 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 160110. Exhibit B Planning Staff Analysis ZCI19-0002 – City Initiated Zoning Changes (Area 2) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Commercial Downtown (RCC-D) to a Highway Corridor (HC) zoning district and use classification, on approximately 35.61 acres of land, generally located south of Pockrus Page Road and north of I-35E 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE ECKERTREALESTATEEckertHyundaiInc.Α 2388524011SI35E LLCAutomotiveSalesorLeasing ACCESSORYAccessorySuperstoreΑ 22554373939SI35E SUPERSTOREINCAutomotiveRepairShop,Major HOLLINGSWORTH,UnitedRentalsΑAutomotive 22451613550POCKRUSPAGERD ARTHURWEquipmentSalesorLeasing RVRETAILERTEXASIIExploreUSARVSupercenterΑ 22826934001SI35E REALESTATELLCAutomotiveSalesorLeasing DINARI,NAHID,TR OFFLETCHER,UndevelopedΑCommercial 238999 I35E JOSEPH&SORAYALandUse IRREVGIFTTRUST ClassicPreOwnedΑAutomotive 26482714984PARTNERSLTD4991SI35E SalesorLeasing AnimalER/FYZICALTherapy LISSBERGERAEIII 21601104145SI35E(Bar,Tavern,orLodge),Medical TRUST ClinicandVeterinaryClinic SIZE: 35.61 acres 2002 ZONING: Regional Center Commercial Downtown (RCC-D) 2019 ZONING: Mixed-Use Regional (MR) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Automotive Sales or Leasing, Major Automotive Repair Shop, Medical Clinic, Veterinary Clinic, and Bar, Tavern, or Lodge STATUS: Automotive Sales or Leasing is not permitted in the MR, however it is permitted in the HC Zoning District. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. Major Automotive Repair Shop, Medical Clinic, Veterinary Clinic, and Bar, Tavern, or Lodge are permitted uses in both the MR and HC Zoning Districts. Changing the zoning to HC will not change the status of the subject uses. BACKGROUND: AREAEXISTINGUSEYEARBUILDINGBUILT EckertHyundaiInc.Α 22009 AutomotiveSalesorLeasing AccessorySuperstoreΑ 22004 AutomotiveRepairShop,Major UnitedRentalsΑAutomotive 22005 EquipmentSalesorLeasing ExploreUSARVSupercenterΑ 22004 AutomotiveSalesorLeasing UndevelopedΑCommercial 2N/A LandUse ClassicPreOwnedΑAutomotive 2 2014 SalesorLeasing AnimalER/FYZICALTherapy 2(Bar,Tavern,orLodge),Medical1998 ClinicandVeterinaryClinic SITE DATA:Five of the seven parcels are developed with vehicle or equipment related uses, one is developed as a commercial use, and one is undeveloped. The parcel that is undeveloped is the only parcel that contains FEMA and ESA designations. The area has primary frontage on I-35E to the south. The area is bordered by a railroad to the north. All parcels are accessed from the I-35E frontage road. United Rentals can also be accessed from Pockrus Page Road. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:PublicFacilities(PF)Zoning:MixedUseZoning:PlannedDevelopment andMixedUseRegional(MR)Neighborhood(MN)and(PD) Residential6(R6) Use:ElectricSubstationandUse:RailroadandSingle UndevelopedUses:Railroad,familyDetachedDwelling ManufacturedHome Development,andSingle familyDetachedDwelling West: East: Zoning:MixedUseRegionalZoning:SuburbanCorridor SUBJECTPROPERTY (MR)(SC) Use:I35EUse:Undeveloped Southwest:South:Southeast: Zoning:MixedUseRegionalZoning:MixedUseRegional Zoning:HighwayCorridor (MR)(MR)andPlanned(HC) Development(PD) Use:I35EUse:Undeveloped Use:I35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 17 notices were sent to property owners within 200 feet of the subject property, 106 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this staff analysis, staff received two (2) responses in favor and no response in opposition from property owners within 200 feet of the subject property. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a majority of vehicle or equipment related uses. 2.Automotive Sales or Leasing is not permitted in the MR, however it is permitted in the HC Zoning District. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. 3.Major Automotive Repair Shop, Medical Clinic, Veterinary Clinic, and Bar, Tavern, or Lodge are permitted uses in both the MR and HC Zoning Districts. Changing the zoning to HC will not change the status of the subject use. 4.The area has primary frontage along I-35E to the south. 5.The area is bordered by a railroad to the north. 6.All parcels are accessed from the I-35E frontage road. United Rentals can also be accessed from Pockrus Page Road. 7.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Regional Center Commercial Downtown (RCC-D) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 2 Site Location Area 2 ST. JOHNS 03156301,260 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/16/2019 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. Area 2 Future Land Use Map Moderate Residential Business Innovation Low Regional Residential Mixed Use Area 2 Community Mixed Use 0287.55751,150 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Regional Mixed Use Community Mixed Use Date: 5/21/2019 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. Area 2 Zoning Map (2002) RD-5X RCC-D NR-6 NRMU-12 NR-2 RCR-1 RCC-N Area 2 PD CM-G NRMU NR-4 0230460920 Feet SITECM-GNRMURCC-N µ NR-2NRMU-12RCR-1 Zoning Overlay NR-4PDRD-5X Parcels NR-6RCC-D Roads Date: 5/21/2019 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. Area 2 2019 Zoning Map R7 PF R6 MN MR 35E § ¨¦ SC Area 2 PD MR HC 0150300600 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0003a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromRegionalCenterCommercialNeighborhood(RCC-N)andRegionalCenter CommercialDowntown(RCC-D)totheHighwayCorridor(HC)zoningdistrictanduseclassificationdefined underthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q),onapproximately74.13acresofland, generallylocatedeastofStateSchoolRoadandsouthofI-35EintheCityofDenton,DentonCounty,Texas; amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverabilityandestablishinganeffectivedate.(ZCI19-0003a,CityInitiated Zoning Change - Area 3, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 74.13 acres of land, generally located east of State School Road and south of I-35E in the City of Denton, Denton County, Texas; amending in the maximum amount of $2,000.00 for violations thereof; providing for severability and establishingan effective date. (ZCI19-0003a, City Initiated Zoning Change - Area 3, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and si document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 3. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Public Hearing Notice Responses 13. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 3 Notification Map Area 3 02705401,080 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/21/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0003 Area 3.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) AND REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 74.13 ACRES OF LAND, GENERALLY LOCATED EAST OF STATE SCHOOL ROAD AND SOUTH OF I-35E IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0003) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 74.13 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q) and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) to a Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 4R, Block A, McNatt Addition as recorded by Instrument No. 1998-24871, Plat Records, Denton County, Texas. And being the same property addressed at 4000 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 201077͵ 2. Being Lot 1, Block 1, Denton Cancer Center as recorded by Instrument No. 2000-15142, Plat Records, Denton County, Texas. And being the same property addressed at 3720 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 220903. 3. Being Lot 1, Block A, James Wood Autopark Addition as recorded by Instrument No. 1999- 113597, Plat Records, Denton County, Texas. And being the same property addressed at 3906 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 216449. 4. Being Lot 3, Block A, McNatt Addition Phase II as recorded by Instrument No. 2004-67821, Plat Records, Denton County, Texas. And being the same property addressed at 4401 N I-35 UNIT 107 Denton, Texas, is commonly known as DCAD Property ID No. 268909. 5. Being Lot 2, Block A, James Wood Autopark Phase 2 as recorded by Instrument No. 2000- 16978, Plat Records, Denton County, Texas. And being the same property addressed at I35E Denton, Texas, is commonly known as DCAD Property ID No. 220910. 6. Being a portion of Lot 2 known as Interstate 35 right-of-way, Block A, James Wood Autopark Phase 2 as recorded by Instrument No. 2000-16978, Plat Records, Denton County, Texas, is commonly known as DCAD Property ID No. 749423. 7. Being Lot 2, Block A, McNatt Addition Phase II as recorded by Instrument No. 2004-67821, Plat Records, Denton County, Texas. And being the same property addressed at 4100 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 268908. 8. Being Block 10, Wimbleton Village Phase 5 as recorded in Cabinet B, Page 309, Plat Records, Denton County, Texas. And being the same property addressed at 3906 S Interstate 35 E Denton, Texas, is commonly known as DCAD Property ID No. 75161. 9. Being Block 11, Wimbleton Village Phase 4 as recorded in Cabinet B, Page 308, Plat Records, Denton County, Texas. And being the same property addressed at 3906 S Interstate 35 E Denton, Texas, is commonly known as DCAD Property ID No. 74951. 10. Being Lot 1, Block A, James Wood Autopark Phase 3 as recorded by Instrument No. 2000- 29232, Plat Records, Denton County, Texas. And being the same property addressed at 3800 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 221722. 11. Being Lot 1, Block A, McNatt Addition Phase II as recorded by Instrument No. 2004-67821, Plat Records, Denton County, Texas. And being the same property addressed at 4050 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 268907. Exhibit B Planning Staff Analysis ZCI19-0003 – City Initiated Zoning Changes (Area 3) City Council District 4 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) to a Highway Corridor (HC) zoning district and use classification, on approximately 74.13 acres of land, generally located east of State School Road and south of I-35E 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE TTOFNORTHTEXASHondaofDentonΑParkingLot 32010774000SI35E INCasaPrincipalUse FIRSTUNITEDOncologyCancerCenterΑ 32209033720SI35E LEASINGCORPMedicalOffice J&SWOODJamesWoodΑAutomotive 32164493906SI35E AUTOPARKLLCSalesorLeasing MCNATT,ALFAMILYToyotaofDentonΑ 32689094100SI35E P/SLTETALUndeveloped J&SWOODJamesWoodΑUndeveloped 32209103906SI35E AUTOPARKLLCCommercialLandUse TEXASDEPARTMENT JamesWoodΑUndeveloped 3749423OF3906SI35E CommercialLandUse TRANSPORTATION ToyotaofDentonΑAutomotive 3268908TTOFDENTONINC4100SI35E SalesorLeasing J&SWOODJamesWoodUndevelopedΑ 375161STATESCHOOLRD AUTOPARKLLCCommercialLandUse J&SWOODJamesWoodUndevelopedΑ 374951 AUTOPARKLLCCommercialLandUse J&SWOODJamesWoodΑAutomotive 32217223800SI35E AUTOPARKLLCSalesorLeasing TTOFNORTHTEXASHondaofDentonΑAutomotive 32689074050SI35E INCSalesorLeasing SIZE: 74.13 acres 2002 ZONING: Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) 2019 ZONING: Mixed-Use Regional (MR) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Automotive Sales or Leasing, Parking Lot as a Principal Use, and Medical Office. STATUS: Automotive Sales or Leasing is not permitted in the MR, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. Parking Lot as a Principal Use and Medical Office are permitted both in the MR and HC Zoning Districts. Changing the zoning to HC will not change the status of the subject uses. BACKGROUND: AREAEXISTINGUSEYEARBUILDINGBUILT HondaofDentonΑParkingLot 3N/A asaPrincipalUse OncologyCancerCenterΑ 32002 MedicalOffice JamesWoodΑAutomotive 31984 SalesorLeasing ToyotaofDentonΑ 3N/A Undeveloped JamesWoodΑUndeveloped 3N/A CommercialLandUse JamesWoodΑUndeveloped 3N/A CommercialLandUse ToyotaofDentonΑAutomotive 32002 SalesorLeasing JamesWoodUndevelopedΑ 3N/A CommercialLandUse JamesWoodUndevelopedΑ 3N/A CommercialLandUse JamesWoodΑAutomotive 31984 SalesorLeasing HondaofDentonΑAutomotive 32015 SalesorLeasing SITE DATA: The subject area is primary developed with vehicle and equipment and medical office uses. The area contains two large undeveloped parcels located south of the James Wood Dealership. The area contains FEMA and ESA designations along its southern boundary. The area has primary frontage on I-35E to the north. All parcels are accessible from the I-35E frontage road. The James Wood Dealership and the Oncology Cancer Center can also be accessed from State School Road. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseRegionalZoning:MixedUseRegionalZoning:MixedUseRegional (MR)(MR)(MR) Use:I35EUses:I35EUse:I35E West:East: Zoning:Residential4(R4)andZoning:PlannedDevelopment SUBJECTPROPERTY PublicFacilities(PF)(PD)andMixedUseRegional (MR) Use:SinglefamilyDetached DwellingandBriercliffParkUse:I35EandUndeveloped Southwest: South:Southeast: Zoning:PublicFacilities(PF)Zoning:PlannedZoning:Planned Development(PD)Development(PD) Use:DentonStateSupported LivingCenterUse:DrainageChannel,Use:DrainageChanneland Undeveloped,SinglefamilyUndeveloped DetachedDwelling PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 14 notices were sent to property owners within 200 feet of the subject property, 94 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this staff analysis, staff received two (2) responses in favor and no response in opposition from property owners within 200 feet of the subject property. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is primary developed with vehicle and equipment and medical office uses. 2.Automotive Sales or Leasing is not permitted in the MR, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. 3.Parking Lot as a Principal Use and Medical Office are permitted both in the MR and HC Zoning Districts. Changing the zoning to HC will not change the status of the subject uses. 4.The area has primary frontage on I-35E to the north. 5.All parcels are accessible from the I-35E frontage road. The James Wood Dealership and the Oncology Cancer Center can also be accessed from State School Road. 6.The area contains FEMA and ESA designations along its southern boundary, that serves as a drainage area for the surrounding area. 7.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 3 Site Location Area 3 02705401,080 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/16/2019 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. Area 3 Future Land Use Map Moderate Regional Residential Mixed Use Business Innovation Low Parks / Open Residential Space Area 3 Government / Institutional 0245490980 Feet SITECommunity Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Regional Mixed Use Date: 5/21/2019 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. Area 3 Zoning Map (2002) RD-5X RCC-D RCR-2 NRMU-12 NR-6 RCR-1 RCC-N Area 3 NR-2 PD CM-G NRMU NR-4 0245490980 Feet SITECM-GNRMURCC-N µ NR-2NRMU-12RCR-1 Zoning Overlay NR-4PDRCR-2 Parcels NR-6RCC-DRD-5X Roads Date: 5/21/2019 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. Area 3 2019 Zoning Map R6 R4 MR 35E § ¨¦ MN Area 3 PF PD PD-MN 0135270540 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0004a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromRegionalCenterResidential1(RCR-1)totheMixed-UseRegional(MR) zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18- 0009q),onapproximately0.8acresofland,generallylocatednorthofPockrusPageRoadandnorthofI-35Ein theCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingforapenaltyin themaximumamountof$2,000.00forviolationsthereof;providingforseverability;andestablishingan effectivedate.ThePlanningandZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19- 0004a, City Initiated Zoning Change - Area 4, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Regional Center Residential 1 (RCR-1) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 0.8 acres of land, generally located north of Pockrus Page Road and north of I-35E in the City of Denton, Denton County, Texas; amending the 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 recommended approval 6-0 of the request. (ZCI19-0004a, City Initiated Zoning Change - Area 4, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 4. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 4 Notification Map Area 4 090180360 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/21/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0004 Area 4.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER RESIDENTIAL 1 (RCR-1) TO THE MIXED-USE REGIONAL (MR) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 0.8 ACRES OF LAND, GENERALLY LOCATED NORTH OF POCKRUS PAGE ROAD AND NORTH OF I-35E IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0004) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Regional Center Residential 1 (RCR-1) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 0.8 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Regional Center Residential 1 (RCR-1) to a Mixed-Use Regional (MR) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being all that certain tract or parcel of land situated in the M.E.P. & P.R.R. Survey, Abstract No. 950, Denton County, Texas, and being part of a called 19.39 acre tract of land described in the Deed to Roy A. Bentley recorded in Volume 244, Page 398 of the Deed Records of Denton County, Texas, being a part of the HILL-CREST ADDITION, according to the 'Plat thereof recorded in Volume A, Page 175, of the Plat Records of Denton County, Texas, and being a resurvey of all of a called 0.804 of an acre tract of land described in the Deed to Spence and Chegwidden recorded in Volume l187, Page 607 of the Deed Records of Denton County, Texas and being more fully described as follows: BEGINNING at the West comer of the tract being described herein at a 5/8 inch iron rod found for corner in the Northeasterly right-of-way line of Interstate Highway 3SE and being at the West corner of said 0.804 acre tract; THENCE North 40 degrees 10 minutes 08 seconds East, a distance of 175.00 feet to a ½ inch capped iron rod set for corner; THENCE South 49 degrees 27 minutes 47 seconds East, a distance of 200.05 feet to a 5/8 inch iron rod found for corner; THENCE South 40 degrees 10 minutes 08 seconds West, a distance of 173.30 feet to a 5/8 inch iron rod found for corner in the Northeasterly right-of-way line of Interstate Highway 3SE; THENCE North 49 degrees 57 minutes 00 seconds West, a distance of 200.04 feet to the POINT OF BEGINNING and enclosing 0.80 of an acre of land, more or less, is commonly known as DCAD Property ID No. 39180. Exhibit B Planning Staff Analysis ZCI19-0004 – City Initiated Zoning Changes (Area 4) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Residential 1 (RCR-1) to a Mixed-Use Regional (MR) zoning district and use classification, on approximately 0.8 acres of land, generally located north of Pockrus Page Road and north of I- 35E 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE ECKERTREALESTATEEckertHyundaiPreOwnedΑ 4391803811ASI35E LLCAutomotiveSalesorLeasing SIZE: 0.8 acres 2002 ZONING: Regional Center Residential 1 (RCR-1) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Mixed-Use Regional (MR) EXISTING USE(S): Eckert Hyundai Pre-Owned – Automotive Sales or Leasing STATUS: Automotive Sales or Leasing is not a permitted use in both the MN and MR Zoning Districts. Although the zoning to MR will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding zoning. The subject area is surrounded by MR on the west, north, and east. BACKGROUND:The buildings occupied by the Eckert Hyundai Pre-Owned Dealership were built in 1983. ECKERT REAL ESTATE LLC purchased this property in 2010. SITE DATA: The subject area is developed with an Automotive Sales or Leasing use. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the south. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseRegionalZoning:MixedUseRegionalZoning:MixedUseRegional (MR)(MR)(MR) Use:ResidenceInnbyUses:ResidenceInnbyUse:Undeveloped MarriottDentonHotelMarriottDentonHotel West:East: Zoning:MixedUseRegionalZoning:MixedUseRegional (MR)(MR) SUBJECTPROPERTY Use:LakeCityInvestmentUse:Undeveloped AutomotiveSalesorLeasing andI35E Southwest:South:Southeast: Zoning:MixedUseRegional Zoning:MixedUseRegionalZoning:MixedUseRegional (MR) (MR)(MR) Use:I35EandUndeveloped Use:LakeCityInvestmentUse:I35E AutomotiveSalesorLeasing andI35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 4 notices were sent to property owners within 200 feet of the subject property, 14 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.ECKERT REAL ESTATE LLC owns the subject property. 2.The subject area is developed with an Automotive Sales or Leasing use. 3.Automotive Sales or Leasing is not a permitted use in both the MN and MR Zoning Districts. 4.Although the zoning to MR will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding zoning. The subject area is surrounded by MR on the west, north, and east. 5.The area has primary frontage along I-35E to the south. 6.The purpose of Mixed-Use Regional is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district may be established in areas with the greatest regional access and is sensitive to the adjacent built and natural context. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Regional Center Residential 1 (RCR-1) to Mixed-Use Regional (MR) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 4 Site Location Area 4 065130260 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 4 Future Land Use Map Regional Mixed Use Business Innovation Moderate Residential Area 4 Parks / Open Space 095190380 Feet SITEBusiness Innovation Future Land Use µ Government / Institutional Low Residential Parcels Parks / Open Space Moderate Residential Roads Regional Mixed Use Date: 5/21/2019 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. Area 4 Zoning Map (2002) RCC-D Area 4 RCR-1 RCC-N 075150300 Feet SITERCC-D µ RCC-N Zoning Overlay RCR-1 Parcels Roads Date: 5/21/2019 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. Area 4 2019 Zoning Map MR Area 4 MN PF 35E § ¨¦ MR 04590180 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0005a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaRegionalCenterResidential1(RCR-1)andRegionalCenter CommercialDowntown(RCC-D)toaHighwayCorridor(HC)zoningdistrictanduseclassification,on approximately36.58acresofland,generallylocatedwestofStateSchoolRoadandsouthofI-35EintheCity ofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingfora penaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverabilityandaneffective date.ThePlanningandZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19-0005,City Initiated Zoning Change - Area 5, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) to a Highway Corridor (HC) zoning district and use classification, on approximately 36.58 acres of land, generally located west of State School Road and south of I-35E in the City of Denton, Denton County, Texas map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0005, City Initiated Zoning Change - Area 5, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Recommend approval as submitted 2. Recommend approval subject to conditions 3. Recommend denial 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 5. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 5 Notification Map I35E § ¨¦ Area 5 0210420840 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/21/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0005 Area 5.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER RESIDENTIAL 1 (RCR-1) AND REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 36.58 ACRES OF LAND, GENERALLY LOCATED WEST OF STATE SCHOOL ROAD AND SOUTH OF I-35E IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19- 0005) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 38.26 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) to a Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The ng map is hereby amended to show the zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 Drake_______________________ Exhibit A 1. All that certain triangular shaped tract or parcel of land situated in the MEP & PRR Survey, Abstract 950, Denton County, Texas, lying Southwest of and adjacent to the Southwest right- of-way of Interstate Highway 35E, being a part of a certain tract conveyed by H. E. Smith to the Foxworth-Galbraith Lumber Company by a deed dated November 3, 1961, recorded in Volume 474, Page 491, Deed Records of Denton County and being more particularly described as follows: BEGINNING at a fence corner at the Northwest corner of a tract in said survey deeded by Charles Runyon to T. L. Caruthers on September 22, 1964, recorded in Volume 514, Page 533, said Deed Records. E, 345.4 feet to a steel pin on the Southwest right-of-way of said Highway; THENCE S. 50° 26' E, with said right-of-way 400.0 feet to the Northwest corner of said Caruthers tract; 520.0 feet to the place of beginning, containing in all 1.570 acres of land, is commonly known as DCAD Property ID No. 162862. 2. Being Lot 2, Block A, Jostens Addition as recorded in Cabinet H, Page 362, Plat Records, Denton County, Texas. And being the same property addressed at 3500 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 162646. 3. Being a tract of land situated in the M.E.P. & P.R.R. Survey, Abstract No. 950, Denton County, Texas, and being a portion of that tract of land described as deed to Denton Security Investment, Inc., as recorded in Volume 4134 page 600, Deed Records of Denton County, Texas (DRDCT) and being more particularly described as follows; BEGINNING for the East corner of the tract being described herein at an iron pin found set In concrete in the southwest right-of-way at Interstate Highway 35 East, said corner being the most northern corner of tract the 1.570 acres described in deed to Jostens Inc., as recorded in Volume 571, Page 39, of Deed Records, Denton County, Texas; corner of Lot 12A, Block B, The Parks at Unicorn Lake, being recorded in Cabinet Y Page 686, Plat Records, Denton County, Texas; to a point for a corner being on the east line of Lot 2R, Block B, Unicorn Lake, being recorded by Instrument No. 2011-142, Plat Records, Denton County, Texas; of 553.57 feet to a point for a corner; of 2.9 acres, is commonly known as DCAD Property ID No. 39175. 4. Being Lot 1R, Block B, Unicorn Lake Addition as recorded by Instrument No. 2011-142, Plat Records, Denton County, Texas. And being the same property addressed at 3300 Wind River Ln. Denton, Texas, is commonly known as DCAD Property ID No. 282709. 5. All that certain 3.735 acre tract or parcel of land situated in the MEP & PRR Survey, Abstract T.L. Caruthers as recorded in Volume 571, Page 42, Deed Records, Denton County, Texas said 3.735 acres and being more particularly described as follows: BEGINNING at a point at the northwest corner of the intersection Interstate 35 East and Regal Road. THENCE South 19 feet to a point for a corner being the most eastern corner of Lot 2 Block A, Jostens Addition, as recorded in Cabinet H Page 362, Plat Records, Denton County, Texas; THENCE North 52° 30 for a corner being an interior corner of said Lot 2; a point for a corner being a northeast corner of said Lot 2 and on the south line of said Interstate 35 East; THENCE Southeasterly along the south line of said Interstate 35 East, a curve to the right a distance of approximately 328 feet to a point for a corner on the south line of said Interstate 35 East; 11.25 feet to the place of beginning, containing in all 3.735 acres of land, is commonly known as DCAD Property ID No. 39195. 6. Being Lot 2R, Block B, Unicorn Lake Addition as recorded by Instrument No. 2011-142, Plat Records, Denton County, Texas. And being the same property addressed at 3200 Wind River Ln. Denton, Texas, is commonly known as DCAD Property ID No. 282710. 7. Being Lot 1, Block A, Action Carpet Addition as recorded in Cabinet N, Page 355, Plat Records, Denton County, Texas. And being the same property addressed at 3008 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 195338. 8. Being Lot 1, Block 1, Achievers Gymnastic Addition as recorded by Instrument No. 1999- 125552, Plat Records, Denton County, Texas. And being the same property addressed at 3014 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 33066. 9. Being Lot 1, Block A, Bone Daddy's Ddenton as recorded by Instrument No. 2015-123, Plat Records, Denton County, Texas. And being the same property addressed at 3528 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 659973. 10. Being Lot 1, Block A, BJ'S Brewery Addition as recorded by Instrument No. 2014-29, Plat Records, Denton County, Texas. And being the same property addressed at 3250 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 633163. 11. Being Lot 1, Block A, Denton Commons Addition as recorded by Instrument No. 2018-6, Plat Records, Denton County, Texas. And being the same property addressed at 3180 S I-35E Denton, Texas, is commonly known as DCAD Property ID No. 725122. 12. Being Lot 2, Block A, Denton Commons Addition as recorded by Instrument No. 2018-6, Plat Records, Denton County, Texas. And being the same property addressed at 3190 S I-35E Denton, Texas, is commonly known as DCAD Property ID No. 725123. 13. Being Lot 8, Block A, BUC-EE'S #39 Subdivision Addition as recorded by Instrument No. 2016-2074, Plat Records, Denton County, Texas. And being the same property addressed at 2940 I35E Denton, Texas, is commonly known as DCAD Property ID No. 724039. Exhibit B Planning Staff Analysis ZCI19-0005 – City Initiated Zoning Changes (Area 5) City Council District 4 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) to a Highway Corridor (HC) zoning district and use classification, on approximately 36.58 acres of land, generally located west of State School Road and south of I-35E 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE WƚƭƷĻƓƭInc.ΑUndeveloped 5162862JOSTEN'SINC3500SI35E Manufacturing,LowImpact WƚƭƷĻƓƭInc.ΑManufacturing, 5162646JOSTEN'SINC3500SI35E LowImpact DENTONSECURITYUndevelopedLandΑ 539175SI35E INVINCCommercial CARROLLFAMILY 52827093300WINDRIVERLN/ŷǒǤƭRestaurantΑRestaurant INVESTMENTS,LTD WƚƭƷĻƓƭInc.ΑUndeveloped 539195JOSTEN'SINC3500SI35E Manufacturing,LowImpact CARROLLFAMILYUndevelopedLand 52827103200WINDRIVERLN INVESTMENTS,LTDCommercial FREDERICKMyFlooringAmericaΑBuilding 51953383008SI35E ENTERPRISESLLCMaterialsandSupplyStore F&JPARTNERSLTDAchieversGymnasticsCenterΑ 5330663014SI35E P/SIndoorRecreationFacility BoneDaddy'sRestaurantΑ 5659973GHLDS#2,LLC3528SI35E Restaurant KAUSEN,MELVINA& 5633163MARIEATRFAMILY3250SI35EBJ'sRestaurantΑRestaurant TRUST WINDRIVERUndevelopedLandΑ 57251223180SI35E LODGINGLTDCommercial DENTONCOMMONSUndevelopedLandΑ 57251233190SI35E LLCCommercial SIZE: 36.58 acres 2002 ZONING: Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) 2019 ZONING: Mixed-Use Neighborhood (MN) and Mixed-Use Regional (MR) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Restaurant, Low-Impact Manufacturing, Building Materials and Supply Store, and Indoor Recreation Facility. STATUS: Restaurant and Indoor Recreation Facility are not permitted uses in the MN, MR and HC Zoning Districts. Changing the zoning to HC will not change the status of the subject uses. Low-Impact Manufacturing is not permitted in the MN, but is permitted in the MR and HC. The Low-Impact Manufacturing use is in a parcel zoned MR. Changing the zoning to HC will not change the status of the subject use. Building Materials and Supply Store is not permitted in the MN or MR, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA WƚƭƷĻƓƭInc.ΑUndeveloped 5N/A Manufacturing,LowImpact WƚƭƷĻƓƭInc.ΑManufacturing, 51969 LowImpact UndevelopedLandΑ 5N/A Commercial 5/ŷǒǤƭRestaurantΑRestaurant2011 WƚƭƷĻƓƭInc.ΑUndeveloped 5N/A Manufacturing,LowImpact UndevelopedLand 5N/A Commercial MyFlooringAmericaΑBuilding 5 1998 MaterialsandSupplyStore AchieversGymnasticsCenterΑ 51999 IndoorRecreationFacility BoneDaddy'sRestaurantΑ 52015 Restaurant 5BJ'sRestaurantΑRestaurant2014 UndevelopedLandΑ 5N/A Commercial UndevelopedLandΑ 5N/A Commercial SITE DATA: The subject area has nine undeveloped parcels. The remaining five parcels are developed with Restaurant, Low-Impact Manufacturing, Building Materials and Supply Store, and Indoor Recreation Facility uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the north. The area is generally north of the Unicorn Lake Development with some parcels part of the Development. SURROUNDING ZONING AND LAND USES: Northwest: North:Northeast: Zoning:PlannedZoning:MixedUseRegionalZoning:MixedUseRegional Development(PD)MixedUse(MR)(MR) Regional(MR) Uses:I35EUse:I35E Use:I35andBucĻĻƭ AutomotiveFuelSales West:East: Zoning:PlannedZoning:MixedUseRegional Development(PD)MixedUse(MR) Regional(MR)SUBJECTPROPERTY Use:GeneralRetailand Use:BucĻĻƭAutomotiveAutomotiveFuelSales FuelSales Southwest:South:Southeast: Zoning:MixedUseRegionalZoning:MixedUseRegionalZoning:Residential4(R4) (MR)(MR) Use:SinglefamilyDetached Use:UnicornLakeUse:UnicornLakeDwelling DevelopmentMedicalDevelopmentMedical Office,BankorFinancialOfficeandBankorFinancial Institution,andMultifamilyInstitution Dwelling PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 36 notices were sent to property owners within 200 feet of the subject property, 93 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area has nine undeveloped parcels. The remaining five parcels are developed with Restaurant, Low-Impact Manufacturing, Building Materials and Supply Store, and Indoor Recreation Facility uses. 2.Restaurant and Indoor Recreation Facility are not a permitted use in the MN, MR and HC Zoning Districts. Changing the zoning to HC will not change the status of the subject uses. 3.Low-Impact Manufacturing is not permitted in the MN, but is permitted in the MR and HC. The Low-Impact Manufacturing use is in a parcel zoned MR. Changing the zoning to HC will not change the status of the subject uses. 4.Building Materials and Supply Store is not permitted in the MN or MR, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. 5.The area has primary frontage along I-35E to the north. 6.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 5 Site Location I35E § ¨¦ Area 5 02805601,120 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 5 Future Land Use Map Regional Mixed Use I35E § ¨¦ Business Innovation Area 5 Low Residential Community Mixed Use Parks / Open Space Government / Institutional 03056101,220 Feet SITECommunity Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Regional Mixed Use Date: 5/21/2019 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. Area 5 Zoning Map (2002) RCR-1 I35E RCC-N § ¨¦ RCC-D NR-3 Area 5 RCR-2 NR-4 NRMU-12 NR-2 0205410820 Feet SITENR-2NRMU-12RCR-1 µ NR-3RCC-DRCR-2 Zoning Overlay NR-4RCC-N Parcels Roads Date: 5/21/2019 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. Area 5 2019 Zoning Map PD-MR 35E § ¨¦ MR Area 5 MR MN PD-R4 R4 R3 R4 ULD-MN 0137.5275550 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0006a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthe zoningdistrictanduseclassificationfromRegionalCenterResidential2(RCR-2)totheMixed-UseRegional (MR)zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(Ordinance DCA18-0009q),onapproximately7.33acresofland,generallylocatedwestofUnicornLakeBoulevard,and northofShorelineDriveintheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoning map;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingfor severability;andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendedapproval 6-0 of the request. (ZCI19-0006a, City Initiated Zoning Change - Area 6, Ron Menguita) .Body City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Regional Center Residential 2 (RCR-2) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 7.33 acres of land, generally located west of Unicorn Lake Boulevard, and north of Shoreline Drive in the City of Denton, Denton County, Texas; amending 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 recommended approval 6-0 of the request. (ZCI19-0006a, City Initiated Zoning Change Area 6, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 6. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 6 Notification Map § ¨¦ Area 6 0205410820 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0006 Area 6.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER RESIDENTIAL 2 (RCR-2) TO THE MIXED-USE REGIONAL (MR) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 7.33 ACRES OF LAND, GENERALLY LOCATED WEST OF UNICORN LAKE BOULEVARD, AND NORTH OF SHORELINE DRIVE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING FFICIAL 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. (ZCI19-0006) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Regional Center Residential 2 (RCR-2) to the Mixed-Use Regional (MR) zoning district and use classification defined under the Denton Development Code (Ordinance DCA18-0009q) on approximately 7.33 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Regional Center Residential 2 (RCR-2) to a Mixed-Use Regional (MR) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 4R1, Block C, Unicorn Lake Addition as recorded by Instrument No. 2013-339, Plat Records, Denton County, Texas. And being the same property addressed at 2801 Shoreline Dr. Denton, Texas, is commonly known as DCAD Property ID No. 624443. 2. Being Lot 5R1, Block C, Unicorn Lake Addition as recorded by Instrument No. 2013-339, Plat Records, Denton County, Texas. And being the same property addressed at 3202 Unicorn Lake Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 624444. Exhibit B Planning Staff Analysis ZCI19-0006 – City Initiated Zoning Changes (Area 6) City Council District 4 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Residential 2 (RCR-2) to a Mixed-Use Regional (MR) zoning district and use classification, on approximately 7.33 acres of land, generally located west of Unicorn Lake Boulevard and north of Shoreline Drive 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE W.RIVERHOLDINGSShorelineApartmentsΑ 66244432801SHORELINEDR LPMultifamilyDwelling W.RIVERHOLDINGSShorelineApartmentsΑ 66244443202UNICORNLAKEBLVD LPMultifamilyDwelling SIZE: 7.33 acres 2002 ZONING: Regional Center Residential 2 (RCR-2) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Mixed-Use Regional (MR) EXISTING USE(S): Shoreline Apartments – Multifamily Dwelling STATUS: Multifamily Dwelling is permitted in the MN and MR Zoning Districts. Although the zoning to MR will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding zoning. The surrounding area is zoned MR on all sides. BACKGROUND: The subject property is within the Unicorn Lake Development. In 2012, the property was rezoned from Regional Center Commercial Downtown (RCC-D) to Regional Center Residential 2 (RCR-2). The purpose of the rezoning request was so that the property owner can build an apartment without office, retail, or other permitted commercial uses on the ground floor. The Shoreline Apartments was later built in 2014. SITE DATA: The subject area is developed with a Multifamily Dwelling use. The area does not contain any FEMA or ESA designations. The area has frontage on Unicorn Lake Boulevard on the east and Shoreline Drive on the west and south. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseRegionalZoning:MixedUseRegionalZoning:MixedUseRegional (MR)(MR)(MR) Use:DogwoodEstatesUses:RestaurantandUse:RestaurantandBankor ElderlyHousingAdministrativeandFinancialInstitution ProfessionalOffice West:East: Zoning:MixedUseRegionalZoning:MixedUseRegional (MR)(MR) SUBJECTPROPERTY Use:AdministrativeandUse:FinancialInstitutionand ProfessionalOfficeMedicalOffice Southwest:South:Southeast: Zoning:MixedUseRegionalZoning:MixedUseRegionalZoning:MixedUseRegional (MR)(MR)(MR) Use:UndevelopedUse:RestaurantandOpenUse:MedicalOffice Space(UnicornLake) PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 11 notices were sent to property owners within 200 feet of the subject property, 31 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a Multifamily Dwelling use. 2.Multifamily Dwelling is permitted in the MN and MR Zoning Districts. Although the zoning to MR will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding zoning. 3.The surrounding area is zoned MR on all sides. 4.The area is within the Unicorn Lake Development, a Mixed-Use Development. 5.The purpose of Mixed-Use Regional is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district may be established in areas with the greatest regional access and is sensitive to the adjacent built and natural context. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Regional Center Residential 2 (RCR-2) to Mixed-Use Regional (MR) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 6 Site Location Area 6 0110220440 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 6 Future Land Use Map Regional Mixed Use Area 6 Parks / Open Space Community Mixed Use Low Residential Government / Institutional 0110220440 Feet SITECommunity Mixed Use Future Land Use µ Government / Institutional Low Residential Parcels Parks / Open Space Regional Mixed Use Roads Date: 5/21/2019 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. Area 6 Zoning Map (2002) RCR-1 RCC-N RCC-D NR-3 Area 6 RCR-2 NRMU-12 NR-4 NR-2 0130260520 Feet SITENR-2NRMU-12RCR-1 µ NR-3RCC-DRCR-2 Zoning Overlay NR-4RCC-N Parcels Roads Date: 5/21/2019 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. Area 6 2019 Zoning Map MR R3 Area 6 MN PD-R4 MR R4 ULD-MN 070140280 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0007a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthe zoningdistrictanduseclassificationfromRegionalCenterResidential1(RCR-1)andRegionalCenter Residential2(RCR-2)totheMixed-UseRegional(MR)zoningdistrictanduseclassificationdefinedunderthe 2019DentonDevelopmentCode(OrdinanceDCA18-0009q),onapproximately30.88acresofland,generally locatednorthofI-35Eandapproximately900feetnorthofBrinkerRoadintheCityofDenton,DentonCounty, Texas;amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00 forviolationsthereof;providingforseverability;andestablishinganeffectivedate.ThePlanningandZoning Commissionrecommendedapproval6-0oftherequest.(ZCI19-0007a,CityInitiatedZoningChange-Area7, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Regional Center Residential 1 (RCR-1) and Regional Center Residential 2 (RCR-2) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 30.88 acres of land, generally located north of I-35E and approximately 900 feet north of Brinker Road in the City of Denton, Denton County, Texas; amending 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 of the request. (ZCI19-0007a, City Initiated Zoning Change - Area 7, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and si document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 7. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart (Refer to Area 1 Exhibits) 4. Table of Allowed Uses (Refer to Area 1 Exhibits) 5. District Purpose and Dimensional Standards (Refer to Area 1 Exhibits) 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 7 Notification Map Area 7 I35E § ¨¦ LAKE FORK 02605201,040 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0007Area 7.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANG ING THE ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER RESIDENTIAL 1 (RCR-1) AND REGIONAL CENTER RESIDENTIAL 2 (RCR-2) TO THE MIXED-USE REGIONAL (MR) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 30.88 ACRES OF LAND, GENERALLY LOCATED NORTH OF I-35E AND APPROXIMATELY 900 FEET NORTH OF BRINKER ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0007) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Regional Center Residential 1 (RCR-1) and Regional Center Residential 2 (RCR-2) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 30.88 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference (herthe Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law, and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18- 0009q),and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Regional Center Residential 1 (RCR-1) and Regional Center Residential 2 (RCR-2) to a Mixed-Use Regional (MR) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 1, Jefferson Commons Addition as recorded by Instrument No. 1999-81287, Plat Records, Denton County, Texas. And being the same property addressed at 2700 Colorado Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 215296. 2. Being Lot 1R, Block 1, Pace's Crossing as recorded in Cabinet F, Page 229, Plat Records, Denton County, Texas. And being the same property addressed at 2411 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 121075. Exhibit B Planning Staff Analysis ZCI19-0007 – City Initiated Zoning Changes (Area 7) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Regional Center Residential 1 (RCR-1) and Regional Center Residential 2 (RCR-2) to a Mixed-Use Regional (MR) zoning district and use classification, on approximately 30.88 acres of land, generally located north of I-35E and approximately 900 feet north of Brinker Road 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE TheRidgeatNorthTexas STUDENTHOUSING 72152962700COLORADOBLVDApartmentsΑMultifamily CORP Dwelling Pace'sCrossingApartmentsΑ 7121075DENTONPCRLTD2411SI35E MultifamilyDwelling SIZE: 30.88 acres 2002 ZONING: Regional Center Residential 1 (RCR-1) and Regional Center Residential 2 (RCR-2) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Mixed-Use Regional (MR) EXISTING USE(S): Pace's Crossing Apartments – Multifamily Dwelling and The Ridge at North Texas Apartments – Multifamily Dwelling STATUS: Multifamily Dwelling is permitted in the MN and MR Zoning Districts. Although the zoning to MR will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding zoning. The surrounding area is zoned MR on the west, north, and east. BACKGROUND: The buildings occupied by the Pace's Crossing Apartments were built in 1986. The buildings occupied by The Ridge at North Texas Apartments were built in 1999. SITE DATA: The subject area is developed with a Multifamily Dwelling use. The area does not contain any FEMA or ESA designations. The area has frontage along I-35E on the south and Colorado Boulevard on the north. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseRegionalZoning:MixedUseRegionalZoning:MixedUseRegional (MR)(MR)(MR) Use:RestaurantandGeneralUses:UndevelopedUse:Administrativeand RetailProfessionalOffice West:East: Zoning:MixedUseRegionalZoning:MixedUseRegional (MR)(MR) SUBJECTPROPERTY Use:I35E,RestaurantandUse:Restaurantand GeneralRetailAdministrativeand ProfessionalOffice Southwest:South:Southeast: Zoning:MixedUseRegionalZoning:MixedUseZoning:MixedUseRegional (MR)andMixedUseNeighborhood(MN)and(MR) Neighborhood(MN)PlannedDevelopment(PD) Use:I35EandRestaurant Use:RestaurantandGeneralUse:I35E Retail PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 12 notices were sent to property owners within 200 feet of the subject property, 35 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a Multifamily Dwelling use. 2.Multifamily Dwelling is permitted in both the MN and MR Zoning Districts. 3.Although the zoning to MR will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding zoning. 4.The surrounding area is zoned MR on the west, north, and east. 5.The area has frontage along I-35E on the south and Colorado Boulevard on the north. 6.The purpose of Mixed-Use Regional is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district may be established in areas with the greatest regional access and is sensitive to the adjacent built and natural context. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Regional Center Residential 1 (RCR-1) and Regional Center Residential 2 (RCR-2) to Mixed-Use Regional (MR) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 7 Site Location Area 7 I35E § ¨¦ LAKE FORK 02555101,020 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 7 Future Land Use Map Business 288 Innovation ! ( Regional Mixed Use Area 7 I35E § ¨¦ Low Residential 03456901,380 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Industrial Commerce Moderate Residential Roads Government / Institutional Regional Mixed Use Parks / Open Space Community Mixed Use Date: 5/21/2019 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. Area 7 Zoning Map (2002) RCC-D Area 7 NR-2 RCR-1 NRMU RCC-N RCR-2 I35E § ¨¦ NR-4 NR-3 0170340680 Feet SITENR-2NRMURCR-1 µ NR-3RCC-DRCR-2 Zoning Overlay NR-4RCC-N Parcels Roads Date: 5/21/2019 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. Area 7 2019 Zoning Map 288 S T MR Area 7 MN MR 35E § ¨¦ PD-MR R3 090180360 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0010a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromEmploymentCenterCommercial(EC-C)totheSuburbanCorridor(SC) zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18- 0009q),onapproximately25.18acresofland,generallylocatedsouthofDallasDriveandeastofTeasleyLane intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingforapenalty inthemaximumamountof$2,000.00forviolationsthereof;providingforseverability;andestablishingan effectivedate.ThePlanningandZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19- 0010a, City Initiated Zoning Change - Area 10, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Employment Center Commercial (EC-C) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 25.18 acres of land, generally located south of Dallas Drive and east of Teasley Lane in the City of Denton, Denton County, Texas; amending 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 recommended approval 6-0 of the request. (ZCI19-0010a, City Initiated Zoning Change - Area 10, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 10. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Public Hearing Notice Responses 13. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 10 Notification Map 77 £ ¤ Area 10 0210420840 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0010 Area 10.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM EMPLOYMENT CENTER COMMERCIAL (EC-C) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 25.18 ACRES OF LAND, GENERALLY LOCATED SOUTH OF DALLAS DRIVE AND EAST OF TEASLEY LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0010) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Employment Center Commercial (EC-C) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 25.18 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Employment Center Commercial (EC-C) to a Suburban Corridor (SC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. All that certain tract or parcel of land lying in the R.H. Hopkins Survey, Abstract No. 1694, and being all of the called 0.905 acre tract described in the deed to Laura A. Davis and Frank C. Davis Ill recorded in Volume 3057, Page 902 of the Real Property Records of Denton County, Texas; BEGINNING at a found iron pin at the north corner of the said Davis tract and the east comer of Lot 1, Block 1 of Holiday Inn Addition as shown by the plat thereof recorded in Cabinet E, Page 309 of the Plat Records of Denton County, Texas on the southwest right- of-way line of US Highway 77 (Dallas Drive); THENCE South 46 degrees 01 minutes 55 seconds east with the southwest right-of-way line of US Highway 77 (Dallas Drive) a distance of 202.23 feet to a found iron rod pin at the east corner of the Davis tract on the north right-of-way line of Interstate Highway 35E (variable width right- of-way); THENCE with the north right-of-way line of Interstate Highway 35E the following 4 calls: 1. South 50 degrees 21 minutes 48 seconds west a distance of 81.17 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" at an angle point in the southeast line of the Davis tract; 2. South 53 degrees 57 minutes 48 seconds a distance of 74.39 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" at the south corner of the Davis tract; 3. Northwesterly along a curve to the right having t1 radius of 2989.00 feet, an arc length of 204.75 feet (chord bearing north 77 degrees 37 minutes 44 seconds west a distance of 204.71 feet) to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" at the end of said curve; 4. North 77 degrees 37 minutes 44 seconds west a distance of 3.00 feet to a found iron pin at the west comer of the Davis tract; THENCE North 43 degrees 14 minutes 08 seconds east with the southeast line of the Holiday Inn Addition a distance of 262.78 feet to the Point of Beginning, containing 0.905 of a acre of land, is commonly known as DCAD Property ID No. 34433. 2. Being Lot 2, Block 1, La Colina Ranch Addition, as recorded by Instrument No. 1983-10041, Plat Records, Denton County, Texas. And being the same property addressed at 1200 Dallas Dr. Denton, Texas, is commonly known as DCAD Property ID No. 86354. 3. Being Lot 1, Block 1, Holiday Inn Addition, as recorded by Instrument No. 1985-58465, Plat Records, Denton County, Texas. And being the same property addressed at 1500 Dallas Dr. Denton, Texas, is commonly known as DCAD Property ID No. 121064. 4. Being Lot 1, Block A, Ridgecrest Apartments Addition, as recorded by Instrument No. 1983- 50675, Plat Records, Denton County, Texas. And being the same property addressed at 1300 Dallas Dr. Denton, Texas, is commonly known as DCAD Property ID No. 97019. 5. Being Lot 2R3, Block 1, Guy Laney Addition, as recorded by Instrument No. 2004-160404, Plat Records, Denton County, Texas. And being the same property addressed at 1400 Dallas Dr., Denton, Texas, is commonly known as DCAD Property ID No. 274459. 6. Being Lot 1R, Block 1, Guy Laney Addition, as recorded by Instrument No. 2003-32448, Plat Records, Denton County, Texas. And being the same property addressed at 1450 Dallas Dr. Denton, Texas, is commonly known as DCAD Property ID No. 244881. Exhibit B Planning Staff Analysis ZCI19-0010 – City Initiated Zoning Changes (Area 10) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Employment Center Commercial (EC-C) to a Suburban Corridor (SC) zoning district and use classification, on approximately 25.18 acres of land, generally located south of Dallas Drive and east of Teasley Lane 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE EagleTransmissionandAuto 1034433DVBFAMILY,LP1600DALLASDRRepairAutomotiveRepair Shop,Major DENTONLACOLINALACOLINAAPARTMENTSΑ 10863541200DALLASDR MultifamilyDwelling APARTMENTSLP RUDRAHOSPITALITYBudgetHostInnandSuites 101210641500DALLASDR LLCDentonΑMotel DENTONRIDGECRESTRidgecrestApartmentsΑ 10970191300DALLASDR APARTMENTS,LPMultifamilyDwelling ScottBrownPropertiesΑ 10274459KSBINVLPP/S1400DALLASDRAdministrativeandProfessional Office COLERTDENTONTX 102448811450DALLASDRRaceTracΑAutomotiveFuelSale LLC SIZE: 25.18 acres 2002 ZONING: Employment Center Commercial (EC-C) 2019 ZONING: General Office (GO) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Major Automotive Repair Shop, Multifamily Dwelling, Motel, Administrative and Professional Office, and Automotive Fuel Sales STATUS: Motel, Administrative and Professional Office, and Automotive Fuel Sale are permitted uses in both the GO and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. Major Automotive Repair Shop is permitted in the GO with a Specific Use Permit, but is permitted in the SC by right. Changing the zoning to SC will change the status of the subject use to conforming. Multifamily Dwelling is permitted in both the GO and SC with a Specific Use Permit. Although changing the zoning to SC will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding environment. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA EagleTransmissionandAuto 10RepairAutomotiveRepair1990 Shop,Major LACOLINAAPARTMENTSΑ 101983 MultifamilyDwelling BudgetHostInnandSuites 101986 DentonΑMotel RidgecrestApartmentsΑ 101983 MultifamilyDwelling ScottBrownPropertiesΑ 10AdministrativeandProfessional1983 Office 10RaceTracΑAutomotiveFuelSale2003 SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along Dallas Drive to the north. All parcels are accessible from Dallas Drive. The La Colina Apartments can also be accessed from Teasley Lane. The Ridgecrest Apartments, Eagle Transmission and Auto Repair, and the Budget Host Inn and Suites Denton can also be accessed from the I-35E frontage road to the south. SURROUNDING ZONING AND LAND USES: Northwest: North:Northeast: Zoning:PublicFacilities(PF)Zoning:Residential3(R3)Zoning:Residential3(R3) Use:AdministrativeandUses:SinglefamilyDetachedUse:SinglefamilyDetached ProfessionalOfficesΑtheDwellingPropertyDwelling propertyisownedbyUNT West:East: Zoning:MixedUseZoning:MixedUseRegional Neighborhood(MN)(MR) SUBJECTPROPERTY Use:RestaurantandUse:GeneralRetail AutomotiveFuelSales Southwest:South:Southeast: Zoning:GeneralOffice(GO)Zoning:GeneralOffice(GO)Zoning:GeneralOffice(GO) Use:GeneralRetailandUse:I35E,Restaurant,Hotel,Use:I35E RestaurantBankorFinancialInstitution PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 29 notices were sent to property owners within 200 feet of the subject property, 105 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this staff analysis, staff received one (1) response in favor and no response in opposition from property owners within 200 feet of the subject property. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a mix of uses. 2.Motel, Administrative and Professional Office, and Automotive Fuel Sale are permitted uses in both the GO and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 3.Major Automotive Repair Shop is permitted in the GO with a Specific Use Permit, but is permitted in the SC by right. Changing the zoning to SC will change the status of the subject use to conforming. 4.Multifamily Dwelling is permitted in both the GO and SC with a Specific Use Permit. Although changing the zoning to SC will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding environment. 5.The area has primary frontage along Dallas Drive to the north. All parcels are accessible from Dallas Drive. 6.The purpose of Suburban Corridor is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Employment Center Commercial (EC-C) to Suburban Corridor (SC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 10 Site Location 77 £ ¤ Area 10 0230460920 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 10 Future Land Use Map Industrial Commerce 77 £ ¤ Community Low Residential Mixed Use Area 10 Regional Mixed Use Parks / Open Space 0205410820 Feet SITEBusiness Innovation Future Land Use µ Industrial Commerce Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Regional Mixed Use Community Mixed Use Date: 5/21/2019 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. Area 10 Zoning Map (2002) EC-I 77 £ ¤ DC-G NR-3 Area 10 EC-C NR-6 CM-G NRMU RCC-D NR-4 NRMU-12 IC-G NR-2 0205410820 Feet SITECM-GIC-GNR-6 µ DC-GNR-2NRMU Zoning Overlay EC-CNR-3NRMU-12 Parcels EC-INR-4RCC-D Roads Date: 5/21/2019 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. Area 10 2019 Zoning Map R4 LI MN R2 R7 R3 PF GO Area 10 2181 77 £ ¤ MR HC 35E § ¨¦ MN R4 R7 SC R2 0120240480 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0011a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromANEmploymentCenterCommercial(EC-C)toTHEHighwayCorridor (HC)zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCODE(Ordinance DCA18-0009q),onapproximately3.49acresofland,generallylocatednorthofI-35Eandapproximately1,200 feeteastofTeasleyLaneintheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoning map;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingfor severability;andestablishinganeffectivedateThePlanningandZoningCommissionrecommendedapproval 6-0 of the request. (ZCI19-0011a, City Initiated Zoning Change - Area 11, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from AN Employment Center Commercial (EC-C) to THE Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development CODE (Ordinance DCA18-0009q), on approximately 3.49 acres of land, generally located north of I-35E and approximately 1,200 feet east of Teasley Lane in the City of Denton, Denton County, Texas; amending the thereof; providing for severability; and establishing an effective date The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0011a, City Initiated Zoning Change - Area 11, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 11. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 11 Notification Map Area 11 0135270540 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0011 Area 11.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM AN EMPLOYMENT CENTER COMMERCIAL (EC-C) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 3.49 ACRES OF LAND, GENERALLY LOCATED NORTH OF I-35E AND APPROXIMATELY 1,200 FEET EAST OF TEASLEY LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CITYAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0011) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from an Employment Center Commercial (EC-C) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 3.49 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 an Employment Center Commercial (EC-C) to a Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 1R, Block 1, First State Addition, as recorded by Instrument No. 1985-58497, Plat Records, Denton County, Texas. And being the same property addressed at 1001 I35E Denton, Texas, is commonly known as DCAD Property ID No. 121323. 2. Being Lot 2R2, Block 1, Guy Laney Addition, as recorded by Instrument No. 2004-160404, Plat Records, Denton County, Texas. And being the same property addressed at 1400 Dallas Dr., Denton, Texas, is commonly known as DCAD Property ID No. 274458. 3. Being a southeast portion of Lot 2R, Block 1, Guy Laney Addition, as recorded by Instrument No. 2003-32448, Plat Records, Denton County, Texas, is commonly known as DCAD Property ID No. 234841. 4. Being a portion of Lot 2R1, known as Interstate 35 right-of-way, Block 1, Guy Laney Addition, as recorded by Instrument No. 2004-160404, Plat Records, Denton County, Texas, is commonly known as DCAD Property ID No. 630628. 5. Being Lot 2R1, Block 1, Guy Laney Addition, as recorded by Instrument No. 2004-160404, Plat Records, Denton County, Texas. And being the same property addressed at 985 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 274457. Exhibit B Planning Staff Analysis ZCI19-0011 – City Initiated Zoning Changes (Area 11) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Employment Center Commercial (EC-C) to a Highway Corridor (HC) zoning district and use classification, on approximately 3.49 acres of land, generally located north of I-35E and approximately 1,200 feet east of Teasley Lane 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE AUDELIAGROUPWellsFargoBankΑBankor 111213231001I35E PARTNERSHIPLTDFinancialInstitution FOURCORNERSTONESGuyLaneyAdditionΑParking 112744581400DALLASDR IVLTDLotasaPrincipalUse GuyLaneyAdditionΑ 11234841KSBINVLPP/SDALLASDR UndevelopedLand,Commercial TEXASDEPARTMENT 11630628TXDOTRightofway OFTRANSPORTATION FOURCORNERSTONESHootersRestaurantΑ 11274457985SI35E IVLTDRestaurant SIZE: 3.49 acres 2002 ZONING: Employment Center Commercial (EC-C) 2019 ZONING: General Office (GO) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Bank or Financial Institution, Parking Lot as a Principal Use, and Restaurant STATUS: Bank or Financial Institution, Parking Lot as a Principal Use, and Restaurant are permitted uses in both the GO and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. BACKGROUND: The building occupied by the Well Fargo Bank was built in 1986 and the building occupied by the Hooters Restaurant was built in 2005. FOURCORNERSTONES IV LTD owns both Hooters Restaurant and the Parking Lot to the north. SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the south. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:GeneralOffice(GO)Zoning:GeneralOffice(GO)Zoning:GeneralOffice(GO) Use:MultifamilyDwellingUses:AutomotiveFuelSalesUse:AutomotiveFuelSales andAdministrativeand ProfessionalOffice West:East: Zoning:GeneralOffice(GO)Zoning:GeneralOffice(GO) SUBJECTPROPERTY Use:MultifamilyDwellingUse:Motel Southwest:South:Southeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN)Neighborhood(MN) Use:I35EUse:I35EUse:I35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 4 notices were sent to property owners within 200 feet of the subject property, 21 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a Bank or Financial Institution, Parking Lot as a Principal Use, and a Restaurant. 2.All uses are permitted uses in both the GO and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 3.The subject area has frontage along I-35E to the south. All parcels are accessible from the I-35E frontage road. 4.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Employment Center Commercial (EC-C) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 11 Site Location Area 11 085170340 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 11 Future Land Use Map Industrial Commerce Low Residential Community Mixed Use Area 11 Regional Mixed Use Parks / Open Space 0155310620 Feet SITEBusiness Innovation Future Land Use µ Industrial Commerce Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Regional Mixed Use Community Mixed Use Date: 5/21/2019 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. Area 11 Zoning Map (2002) EC-I DC-G NR-3 EC-C Area 11 RCC-D CM-G NRMU NRMU-12 NR-4 NR-2 0137.5275550 Feet SITECM-GEC-INR-4 µ DC-GNR-2NRMU Zoning Overlay EC-CNR-3NRMU-12 Parcels RCC-D Roads Date: 5/21/2019 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. Area 11 2019 Zoning Map R3 77 £ ¤ GO Area 11 35E § ¨¦ MN 050100200 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0012a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromanEmploymentCenterCommercial(EC-C)totheHighwayCorridor(HC) zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(Ordinancedca18- 0009q),onapproximately9.63acresofland,generallyonthenortheastcornerofI-35EandTeasleyLaneinthe CityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingforapenaltyinthe maximumamountof$2,000.00forviolationsthereof;providingforseverability;andestablishinganeffective date.ThePlanningandZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19-0012a,City Initiated Zoning Change - Area 12, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from an Employment Center Commercial (EC-C) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance dca18-0009q), on approximately 9.63 acres of land, generally on the northeast corner of I-35E and Teasley Lane in the City of Denton, Denton County, Texas; amending the City 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 of the request. (ZCI19-0012a, City Initiated Zoning Change - Area 12, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 12. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 12 Notification Map 77 £ ¤ Area 12 0175350700 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0012 Area 12.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM AN EMPLOYMENT CENTER COMMERCIAL (EC-C) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 9.63 ACRES OF LAND, GENERALLY ON THE NORTHEAST CORNER OF I-35E AND TEASLEY LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0012) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from an Employment Center Commercial (EC-C) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 9.63 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law, and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 an Employment Center Commercial (EC-C) to a Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 1, Block A, Denton Square Shopping Center Addition, as recorded by Instrument No. 1984-39928, Plat Records, Denton County, Texas. And being the same properties addressed at 719 - 725 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 106195. Exhibit B Planning Staff Analysis ZCI19-0012 – City Initiated Zoning Changes (Area 12) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Employment Center Commercial (EC-C) to a Highway Corridor (HC) zoning district and use classification, on approximately 9.63 acres of land, generally on the northeast corner of I-35E and Teasley Lane 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE 717STEMMONSDentonSquareShoppingCenter 12106195719725SI35E PARTNERSLPΑGeneralRetail SIZE: 9.63 acres 2002 ZONING: Employment Center Commercial (EC-C) 2019 ZONING: General Office (GO) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): General Retail, Restaurant, and General Personal Service STATUS: General Retail, Restaurant, and General Personal Service are permitted uses in both the GO and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. BACKGROUND: The buildings associated with the Denton Square Shopping Center were built in 1984. SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the south. The Denton Square Shopping Center can also be accessed from Teasley Lane to the west. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseZoning:GeneralOffice(GO)Zoning:GeneralOffice(GO) Neighborhood(MN) Uses:MultifamilyDwellingUse:MultifamilyDwelling Use:Restaurant West:East: Zoning:MixedUseZoning:GeneralOffice(GO) Neighborhood(MN) SUBJECTPROPERTY Use:MultifamilyDwelling Use:Restaurantand AutomotiveFuelSales Southwest: South:Southeast: Zoning:HighwayCorridorZoning:MixedUseZoning:MixedUse (HC) Neighborhood(MN)Neighborhood(MN) Use:I35EUse:I35EUse:I35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 5 notices were sent to property owners within 200 feet of the subject property, 28 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with General Retail, Restaurant, and General Personal Service uses. 2.All uses are permitted in both the GO and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 3.The area has primary frontage along I-35E to the south. 4.The uses associated with the Shopping Center and orientation of the buildings to I-35E make HC a suitable Zoning District for the subject area. 5.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Employment Center Commercial (EC-C) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 12 Site Location 77 £ ¤ ALEGRE VISTA Area 12 0165330660 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 12 Future Land Use Map Industrial 77 £ ¤ Commerce Low Residential Community Mixed Use Area 12 Parks / Open Space 0200400800 Feet SITECommunity Mixed Use Future Land Use µ Industrial Commerce Low Residential Parcels Parks / Open Space Regional Mixed Use Roads Date: 5/21/2019 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. Area 12 Zoning Map (2002) EC-I 77 £ ¤ DC-G DR-2 NR-3 EC-C Area 12 CM-G RCC-D NRMU NR-4 NRMU-12 IC-G NR-2 0215430860 Feet SITECM-GEC-INRMU µ DC-GIC-GNRMU-12 Zoning Overlay DR-1NR-2RCC-D Parcels DR-2NR-3 Roads EC-CNR-4 Date: 5/21/2019 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. Area 12 2019 Zoning Map PF R3 MN 77 £ ¤ GO Area 12 2181 35E § ¨¦ HC MN SC 070140280 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0013a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidentialMixedUse(NRMU)totheSuburbanCorridor (SC)zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(Ordinance DCA18-0009q),onapproximately17.76acresofland,generallylocatedsouthofI-35EbetweenTeasleyLane andWoodbrookStreetintheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability; andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendedapproval6-0ofthe request. (ZCI19-0013a, City Initiated Zoning Change - Area 13, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, changing the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 17.76 acres of land, generally located south of I-35E between Teasley Lane and Woodbrook Street in the City of Denton, Denton County, Texas; amending 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 recommended approval 6-0 of the request. (ZCI19-0013a, City Initiated Zoning Change - Area 13, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 13. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Public Hearing Notice Responses 13. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 13 Notification Map 77 £ ¤ Area 13 0230460920 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0013 Area 13.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 17.76 ACRES OF LAND, GENERALLY LOCATED SOUTH OF I-35E BETWEEN TEASLEY LANE AND WOODBROOK STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING ICIAL 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. (ZCI19-0013) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 17.76 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Neighborhood Residential Mixed Use (NRMU) to a Suburban Corridor (SC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18- 0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 1, Block 1, Southridge Addition, as recorded by Instrument No. 1964-6521, Plat Records, Denton County, Texas. And being the same property addressed at 1700 Woodbrook St. Denton, Texas, is commonly known as DCAD Property ID No. 27313. 2. All that certain tract or parcel of land lying and being situated in the R.H. Hopkins Survey, Abstract No. 1694 and the J. McGowan Survey, Abstract No. 797, Denton County, Texas, and being a part of a called 1.447 acre tract described in a deed to the Synod of Texas, Presbyterian Foundation of the United Presbyterian Church, U.S.A., a Texas Corporation, recorded in Volume 456, Page 224, Deed Records, Denton County, Texas, and a part of a 31.715 acre tract, described in a deed to the Synod of Texas, Presbyterian Foundation of the United Presbyterian Church, U.S.A., a Texas Corporation, recorded in Volume 485, Page 97, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a wood right-of-way post at the Northwest comer of said 1.447 acre tract, being the Northeast comer of Lot 1, of the replat of Block 2, Southridge Center, recorded in Volume 6, Page 8 Plat Records, Denton County, Texas, and being on the South Right- of-Way line of Interstate Highway 35 East (a variable width right-of-way); THENCE South 73 degrees 43 minutes 46 seconds East, with the North line of said 1.447 acre tract and said South Right-of-Way line, a distance of 166.40 feet to a 1/2 inch iron pin set with a yellow plastic cap stamped H&N 1849; THENCE South 78 degrees 3S minutes 00 seconds East, with the North line of said 1.447 acre tract and the said South Right-of-Way line, a distance of 342.58 feet to a 1/2 inch iron pin set with a yellow plastic cap stamped H&N 1849 at the intersection of the said South Right-of-Way line and the West Right-of-Way line of Southridge Drive (a 60 foot Right- of· Way); THENCE South 01 degrees 00 minutes 33 seconds East, with said West Right-of· Way line, a distance of 307.79 feet to a found iron pin at the Northeast comer of Lot 6, Block 3, Southridge Center, recorded in Volume 3, Page 51 Plat Records, Denton County, Texas; THENCE North 89 degrees 43 minutes 58 seconds West, ·with the Northline of said Block 3, a distance of 497.59 feet to a 1/2 inch iron pin set with a yellow plastic cap stamped H&N 1849 at the Northwest comer of Lot 3, Block 3, and being on the East line of Lot 2, of said Block 2, Southridge Center; THENCE North 00 degrees 27 minutes 40 seconds West, with the East line of said Block 2. A distance of 419.87 feet to the POINT OF BEGINNING, and containing in all 4.086 acres of land, is commonly known as DCAD Property ID No. 40174. 3. Being Lot 1, Block 2, Southridge Center Addition, as recorded by Instrument No. 1970-1472, Plat Records, Denton County, Texas. And being the same property addressed at 900 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 27339. 4. Being Lot 2, Block 2, Southridge Center Addition, as recorded by Instrument No. 1970-1472, Plat Records, Denton County, Texas. And being the same property addressed at 1807 Westminster St. Denton, Texas, is commonly known as DCAD Property ID No. 27349. 5. Being Lot 1B, Block 1, Southridge Center Addition, as recorded in Cabinet U, Page 618, Plat Records, Denton County, Texas. And being the same property addressed at 830 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 27221. 6. Being Lot 1C1, Block 1, Southridge Center Addition, as recorded in Cabinet U, Page 618, Plat Records, Denton County, Texas. And being the same property addressed at 1710 Westminster St. Denton, Texas, is commonly known as DCAD Property ID No. 27329. 7. Being Lot 1C3, Block 1, Southridge Center Addition, as recorded by Instrument No. 1977- 7763, Plat Records, Denton County, Texas. And being the same property addressed at 1740 Westminster St. Denton, Texas, is commonly known as DCAD Property ID No. 27185. 8. Being Lot 1C2, Block 1, Southridge Center Addition, as recorded by Instrument No. 1977- 7763, Plat Records, Denton County, Texas. And being the same property addressed at 1720 Westminster St. Denton, Texas, is commonly known as DCAD Property ID No. 27197. 9. Being Lot 1D, Block 1, Southridge Center Addition, as recorded by Instrument No. 1974- 13878, Plat Records, Denton County, Texas. And being the same property addressed at 710 I35E Denton, Texas, is commonly known as DCAD Property ID No. 27203. 10. Being Lot 1A, Block 1, Southridge Center Addition, as recorded by Instrument No. 1973- 12008, Plat Records, Denton County, Texas. And being the same property addressed at 820 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 27218. 11. Being all that certain lot, tract or parcel of land situated in the S.C. Hiram Survey, Abstract Number 616, City of Denton, Denton County, Texas, and being all that certain lot, tract or parcel of land described by deed to Randy Wuensche, recorded in Volume 4275, Page 925 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: Beginning at a 1/2 inch iron rod found for the northeast comer of said Wuensche tract and the northwest comer of Lot 1-A, Block 1, Southridge Center, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 9, Page 31 of the Plat Records of Denton County, Texas, and being in the south line of Interstate Highway 35-E (I.H. 35E); Thence South 13 degrees 25 minutes 00 seconds West, with the west line of said Lot 1-A, a distance of 119.50 feet to an "X" found in concrete for the northeast corner of Lot IE, Block 1, Southridge Center, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Volume 11, Page 15 of the Plat Records of Denton County, Texas; Thence South 89 degrees 15 minutes 00 seconds West, with the north line of said Lot 1E, a distance of 127.53 feet to a 1/2 inch iron rod found for the southeast corner of Lot 1D of said Block 1 (Volume 11, Page 15); Thence North 07 degrees 08 minutes 16 seconds East, with the east line of said Lot 1D, a distance of 151.81 feet to a 1/2 inch iron rod with a yellow cap stamped "Arthur Surveying Company" set for the northeast corner of said Lot 1D and being in the south line of said I.H. 35E; Thence South 76 degrees 30 minutes 24 seconds East, with the south line of said I.H. 35E, a distance of 140.25 feet to the Point of Beginning and containing 0.413 acres of land, more or less, is commonly known as DCAD Property ID No. 33301. 12. All that certain lot or parcel of land situated in the S.C. Hiram Survey. Abstract 616, at the southeast comer of the intersection of Interstate Highway 35 East with F-M Road 2181 in the City and County of Denton, Texas and being more particularly described as follows: BEGINNING at the intersection of the South right-of-way of Interstate Highway 3SE with the East right-of-way of FM 2181 (Teasley Lane); THENCE North 87° 46' East, with the South right-of-way of said Interstate Highway 35E 170.0 feet to a comer; THENCE South 7° 00' West, parallel to the East right-of-way of F-M 2181, 140.0 feet to a comer; THENCE South 87 46' West, parallel to the First Course herein 170.0 feet to a comer on the East right-of-way of FM 2181; THENCE North to 7° 00 East, with said right-of-way 140.0 feet to the place of beginning, is commonly known as DCAD Property ID No. 33296. Exhibit B Planning Staff Analysis ZCI19-0013 – City Initiated Zoning Changes (Area 13) City Council District 4 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Neighborhood Residential Mixed Use (NRMU) to a Suburban Corridor (SC) zoning district and use classification, on approximately 17.76 acres of land, generally located south of I-35E between Teasley Lane and Woodbrook Street 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 $2,000.00 for violations thereof; providing for severability and an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE PeterbiltMotorsCo.Α 1327313PACCARINC1700WOODBROOKST AdministrativeOffice PeterbiltMotorsCo.ΑParking 1340174PACCARINC920SI35E LotasaPrincipalUse SouthridgeProfessionalBuilding 1327339PHILLIPS,WILLIAMR900SI35E ΑProfessionalOffice SpringerandLyle,L.L.P.Α 1327349SPRINGER,JEFF1807WESTMINSTERST ProfessionalOffice FRAZIERHERR&JuliaKerestineLawΑ 1327221830SI35E ProfessionalOffice HORTON FarmersInsuranceΑ 1327329RHEAHOLDINGS,LLC1710WESTMINSTERST ProfessionalOffice HerrBusinessFormsΑPrinting, FRAZIERHERR 13271851740WESTMINSTERSTCopying,andPublishing HORTONINC Establishment KAZSurveyingΑProfessional 1327197ZOLLINGER,KENNYA1720WESTMINSTERST Office SOUTHRIDGECAR 1327203710I35E1$carwashΑAutoWash WASHINC HOSPITALITYINNSOF 1327218820SI35ERodewayInn&SuitesΑMotel NEVADA StateFarmInsuranceΑ 1333301PORTZ,MATT800SI35E ProfessionalOffice DOUGLASSW 1333296DISTRIBUTINGLTD700SI35EExxonΑAutomotiveFuelSales P/S SIZE: 17.76 acres 2002 ZONING: Neighborhood Residential Mixed Use (NRMU) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Administrative and Professional Office, Parking Lot as a Principal Use, Printing, Copying, and Publishing Establishment, Auto Wash, Motel, and Automotive Fuel Sales STATUS: Administrative and Professional Office is a permitted use in both the MN and SC Zoning Districts. Changing the zoning to SC will not change the status of the subject use. Printing, Copying, and Publishing Establishment and Automotive Fuel Sales are permitted uses in the MN with a Specific Use Permit, but are permitted in the SC by right. Changing the zoning to SC will change the status of the subject uses to conforming. Parking Lot as a Principal Use, Auto Wash, and Motel are not permitted uses in the MN, but are permitted in the SC. Changing the zoning to SC will change the nonconforming status of the subject uses to conforming. BACKGROUND: AREAEXISTINGUSEYEARBUILDINGBUILT PeterbiltMotorsCo.Α1970,withexpansionsin1984 13 AdministrativeOfficeand2002 PeterbiltMotorsCo.ΑParking 13N/A LotasaPrincipalUse SouthridgeProfessionalBuilding 131974 ΑProfessionalOffice SpringerandLyle,L.L.P.Α 131969 ProfessionalOffice JuliaKerestineLawΑ 131980 ProfessionalOffice FarmersInsuranceΑ 131976 ProfessionalOffice HerrBusinessFormsΑPrinting, 13Copying,andPublishing1975 Establishment KAZSurveyingΑProfessional 131980 Office 131$carwashΑAutoWash1978 13RodewayInn&SuitesΑMotel1971 StateFarmInsuranceΑ 131976 ProfessionalOffice 13ExxonΑAutomotiveFuelSales2001 SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the north. All parcels are accessible from the I-35E frontage road. The Exxon – Automotive Fuel Sales can also be accessed from Teasley Lane to the west.Other access to the area include Westminster Street, Southridge Drive and Woodbrook Street. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseZoning:GeneralOffice(GO)Zoning:GeneralOffice(GO) Neighborhood(MN) Uses:I35EUse:I35E Use:I35E West:East: Zoning:HighwayCorridorZoning:Residential4(R4) (HC)SUBJECTPROPERTY Use:SingleFamilyDetached Use:AutomotiveFuelSalesDwelling Southwest:South:Southeast: Zoning:HighwayCorridorZoning:MixedUseZoning:Residential2(R2) (HC)Neighborhood(MN) Use:SingleFamilyDetached Use:GeneralRetailandUse:DuplexandMultifamilyDwelling GeneralPersonalServiceDwelling PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 31 notices were sent to property owners within 200 feet of the subject property, 100 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this staff analysis, staff received one (1) response in favor and no response in opposition from property owners within 200 feet of the subject property. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a mix of uses. 2.Administrative and Professional Office is a permitted use in both the MN and SC Zoning Districts. Changing the zoning to SC will not change the status of the subject use. 3.Printing, Copying, and Publishing Establishment and Automotive Fuel Sales are permitted uses in the MN with a Specific Use Permit, but are permitted in the SC by right. Changing the zoning to SC will change the status of the subject uses to conforming. 4.Parking Lot as a Principal Use, Auto Wash, and Motel are not permitted uses in the MN, but are permitted in the SC. Changing the zoning to SC will change the nonconforming status of the subject uses to conforming. 5.The area has primary frontage along I-35E to the north. All parcels are accessible from the I-35E frontage road. 6.The purpose of Suburban Corridor is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU) to Suburban Corridor (SC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 13 Site Location 77 £ ¤ ALEGRE VISTA Area 13 0235470940 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 13 Future Land Use Map Community Mixed Use Low Residential Regional Area 13 Mixed Use Parks / Open Space 0195390780 Feet SITECommunity Mixed Use Future Land Use µ Industrial Commerce Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Regional Mixed Use Date: 5/21/2019 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. Area 13 Zoning Map (2002) EC-I DC-G NR-3 EC-C NR-6 CM-G NRMU RCC-D Area 13 NR-4 NRMU-12 IC-G NR-2 0195390780 Feet SITECM-GIC-GNR-6 µ DC-GNR-2NRMU Zoning Overlay EC-CNR-3NRMU-12 Parcels EC-INR-4RCC-D Roads Date: 5/21/2019 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. Area 13 2019 Zoning Map PF MN R3 77 GO £ ¤ MR 35E HC § ¨¦ 2181 Area 13 MN R4 SC R7 R2 PF R3 0115230460 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0014a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaDowntownCommercialGeneral(DC-G)toaHighway Corridor(HC)zoningdistrictanduseclassification,onapproximately6.29acresofland,generallylocatedon thenorthwestcornerofI-35EandTeasleyLaneintheCityofDenton,DentonCounty,Texas;adoptingan amendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverabilityandaneffectivedate.ThePlanningandZoningCommission recommendedapproval6-0oftherequest.(ZCI19-0014a,CityInitiatedZoningChange-Area14,Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 6.29 acres of land, generally located on the northwest corner of I-35E and Teasley Lane in the City of Denton, Denton County, amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0014a, City Initiated Zoning Change - Area 14, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 14. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 14 Notification Map 77 £ ¤ Area 14 0190380760 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0014 Area 14.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANG ING THE ZONING DISTRICT AND USE CLASSIFICATION FROM A DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 6.29 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF I-35E AND TEASLEY LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0014) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from the Downtown Commercial General (DC-G) to the Highway Corridor (HC) zoning district and use classification defined under the Denton Development Code (Ordinance DCA18-0009q) on approximately 6.29 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holdingdue full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q),and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 General (DC-G) to a Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 2R, Block 2, Teasley Plaza Addition, as recorded in Cabinet H, Page 277, Plat Records, Denton County, Texas. And being the same property addressed at S I35E Denton, Texas, is commonly known as DCAD Property ID No. 160886. 2. Being Lot 3R, Block 2, Teasley Plaza Addition, as recorded in Cabinet H, Page 277, Plat Records, Denton County, Texas. And being the same property addressed at 1516 Teasley Ln. Denton, Texas, is commonly known as DCAD Property ID No. 160887. 3. Being Lot 2, Block 1, Teasley Plaza Addition, as recorded in Cabinet H, Page 117, Plat Records, Denton County, Texas. And being the same property addressed at 1600 Teasley Ln. Denton, Texas, is commonly known as DCAD Property ID No. 154673. 4. Being Lot 1, Block 2, Teasley Plaza Addition, as recorded in Cabinet H, Page 93, Plat Records, Denton County, Texas. And being the same property addressed at 525 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 154674. 5. Being Lot 3, Block 1, Teasley Center Addition, as recorded by Instrument No. 1985-68416, Plat Records, Denton County, Texas. And being the same property addressed at 1608-1610 Teasley Ln. Denton, Texas, is commonly known as DCAD Property ID No. 121316. 6. Being Lot 1, Block 1, Teasley Plaza Addition, as recorded in Cabinet H, Page 117, Plat Records, Denton County, Texas. And being the same property addressed at 529 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 154671. Exhibit B Planning Staff Analysis ZCI19-0014 – City Initiated Zoning Changes (Area 14) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 6.29 acres of land, generally located on the northwest corner of I-35E and Teasley Lane 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE DENTONSHIVKRUPATeasleyPlazaAdditionΑParking 14160886SI35E LLCLotasaPrincipalUse RAYANRENATIONALKFCΑRestaurant,withDrive 141608871516TEASLEYLN CORPORATIONThrough 14154673HIJAZI,YOUSEPH1600TEASLEYLNPizzaHutΑRestaurant PILOTPOINTPointBankΑBankorFinancial 14154674525SI35E BANCORPINCInstitution RIVERSIDE7Eleven,MetrobyTMobile, CAMARILLOTEXASandDomino'sPizzaΑGeneral 1412131616081610TEASLEYLN 7/11LLC&WALKERRetail,Restaurant,and BALLTEXAS7/11LLCAutomotiveFuelSales Braum'sΑRestaurant,with 14154671RETAILBUILDINGINC529SI35E DriveThrough SIZE: 6.29 acres 2002 ZONING: Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Parking Lot as a Principal Use, Automotive Fuel Sales, General Retail, Restaurant, Bank or Financial Institution, and Restaurant with Drive-Through STATUS: General Retail, Restaurant, and Bank or Financial Institution are permitted uses in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. Automotive Fuel Sales and Restaurant with Drive-Through are permitted uses in the MN with a Specific Use Permit, but are permitted in the HC by right. Changing the zoning to HC will change the status of the subject uses to conforming. Parking Lot as a Principal Use is not permitted in the MN, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA TeasleyPlazaAdditionΑParking 14 N/A LotasaPrincipalUse KFCΑRestaurant,withDrive 14 1991 Through 1989 14PizzaHutΑRestaurant PointBankΑBankorFinancial 141989 Institution 7Eleven,MetrobyTMobile, 14andDomino'sPizzaΑ1985 AutomotiveFuelSales Braum'sΑRestaurant,with 14 1994 DriveThrough SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the south. All parcels are accessible from the I- 35E frontage road. Within the area there is a private drive that extend from the I-35E frontage road to Teasley Lane. The KFC and PointBank can also be accessed from Teasley Lane to the east. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseZoning:MixedUseZoning:GeneralOffice(GO) Neighborhood(MN)Neighborhood(MN) Use:MultifamilyDwelling Use:MultifamilyDwellingUses:GeneralRetailand MedicalOffice West:East: Zoning:MixedUseZoning:GeneralOffice(GO) Neighborhood(MN) SUBJECTPROPERTY Use:GeneralRetail, Use:MultifamilyDwellingRestaurantandMultifamily Dwelling Southwest:South:Southeast: Zoning:HighwayCorridorZoning:HighwayCorridorZoning:MixedUse (HC)(HC)Neighborhood(MN) Use:I35EUse:I35EUse:I35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 8 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, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a mix of uses. 2.General Retail, Restaurant, and Bank or Financial Institution are permitted uses in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 3.Automotive Fuel Sales and Restaurant with Drive-Through are permitted uses in the MN with a Specific Use Permit, but are permitted in the HC by right. Changing the zoning to HC will change the status of the subject uses to conforming. 4.Parking Lot as a Principal Use is not permitted in the MN, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. 5.The area has primary frontage along I-35E to the south. All parcels are accessible from the I-35E frontage road. Within the area there is a private drive that extend from the I- 35E frontage road to Teasley Lane. 6.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Downtown Commercial General (DC-G) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 14 Site Location ALEGRE VISTA Area 14 0137.5275550 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 14 Future Land Use Map Industrial Commerce 77 £ ¤ Low Residential Area 14 Community Mixed Use Parks / Open Space 0205410820 Feet SITECommunity Mixed Use Future Land Use µ Industrial Commerce Low Residential Parcels Parks / Open Space Regional Mixed Use Roads Date: 5/21/2019 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. Area 14 Zoning Map (2002) 77 £ ¤ EC-I DC-G DR-2 NR-3 EC-C Area 14 NRMU CM-G NRMU-12 IC-G NR-2 NR-4 0162.5325650 Feet SITECM-GEC-INR-4 µ DC-GIC-GNRMU Zoning Overlay DR-2NR-2NRMU-12 Parcels EC-CNR-3 Roads Date: 5/21/2019 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. Area 14 2019 Zoning Map PF MN 2181 Area 14 GO 35E § ¨¦ PF HC MN 062.5125250 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0015a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaDowntownCommercialGeneral(DC-G)toSuburban Corridor(SC)zoningdistrictanduseclassification,onapproximately5.89acresofland,generallylocated southofDallasDriveandwestofTeasleyLaneintheCityofDenton,DentonCounty,Texas;adoptingan amendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverabilityandaneffectivedate.ThePlanningandZoningCommission recommendedapproval6-0oftherequest.(ZCI19-0015a,CityInitiatedZoningChange-Area15,Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to Suburban Corridor (SC) zoning district and use classification, on approximately 5.89 acres of land, generally located south of Dallas Drive and west of Teasley Lane in the City of Denton, Denton County, amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0015a, City Initiated Zoning Change - Area 15, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 15. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 15 Notification Map BOARDWALK 77 £ ¤ Area 15 0190380760 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0015 Area 15.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 5.89 ACRES OF LAND, GENERALLY LOCATED SOUTH OF DALLAS DRIVE AND WEST OF TEASLEY LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0015) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-009q) on approximately 5.89 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 General (DC-G) to the Suburban Corridor (SC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 4R, Block 2, Teasley Plaza Addition, as recorded in Cabinet H, Page 277, Plat Records, Denton County, Texas. And being the same property addressed at 1512 Teasley Ln. Denton, Texas, is commonly known as DCAD Property ID No. 160888. 2. Being Lot 2, Woodhill Addition, as recorded in Cabinet C, Page 322, Plat Records, Denton County, Texas. And being the same property addressed at 1400 Teasley Ln. Denton, Texas, is commonly known as DCAD Property ID No. 94373. 3. Being a tract of land situated in the S.C. Hiram Survey, Abstract No. 616, Denton County, Texas, being all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 628, Page 704, Deed Records, Denton County, Texas, all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 532, Page 625, Deed Records, Denton County, Texas, all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 532, Page 622, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the south line of Lot 1, Block 1, Johnson Addition, recorded in Cabinet E, Page 184, Plat Records, Denton County, Texas; THENCE South 48 Degrees 35 Minutes 00 Seconds East along the south line of said Lot 1, a distance of 165.46 Feet to the west line of Teasley Lane; THENCE South 27 Degrees 25 Minutes 00 Seconds West, a distance of 88.67 feet along the west line of Teasley Lane to a point for a corner; THENCE South 26 Degrees 18 Minutes 00 Seconds West, a distance of 150.00 feet along the west line of Teasley Lane to a point for a corner; THENCE North 89 Degrees 14 Minutes 00 Seconds West, along the north line of Woodhill Addition, recorded in Cabinet C, Page 322, Plat Records, Denton County, Texas, a distance of 125.00 feet to a point for a corner on the east line of the Dallas Drive Mini Storage Addition, recorded in Cabinet D, Page 327, Plat Records, Denton County, Texas; THENCE North 11 Degrees 37 Minutes 20 Seconds East, along the east line of said Dallas Drive Mini Storage Addition, a distance of 264.27 feet to a point for a corner; THENCE North 41 Degrees 30 Minutes 00 Seconds East, along the east line of said Dallas Drive Mini Storage Addition, a distance of 82.94 feet to the POINT OF BEGINNING and containing 1.03 acres of land, is commonly known as DCAD Property ID No. 33342. (See Tract 33337) 4. Being a tract of land situated in the S.C. Hiram Survey, Abstract No. 616, Denton County, Texas, being all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 628, Page 704, Deed Records, Denton County, Texas, all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 532, Page 625, Deed Records, Denton County, Texas, all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 532, Page 622, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the south line of Lot 1, Block 1, Johnson Addition, recorded in Cabinet E, Page 184, Plat Records, Denton County, Texas; THENCE South 48 Degrees 35 Minutes 00 Seconds East along the south line of said Lot 1, a distance of 165.46 Feet to the west line of Teasley Lane; THENCE South 27 Degrees 25 Minutes 00 Seconds West, a distance of 88.67 feet along the west line of Teasley Lane to a point for a corner; THENCE South 26 Degrees 18 Minutes 00 Seconds West, a distance of 150.00 feet along the west line of Teasley Lane to a point for a corner; THENCE North 89 Degrees 14 Minutes 00 Seconds West, along the north line of Woodhill Addition, recorded in Cabinet C, Page 322, Plat Records, Denton County, Texas, a distance of 125.00 feet to a point for a corner on the east line of the Dallas Drive Mini Storage Addition, recorded in Cabinet D, Page 327, Plat Records, Denton County, Texas; THENCE North 11 Degrees 37 Minutes 20 Seconds East, along the east line of said Dallas Drive Mini Storage Addition, a distance of 264.27 feet to a point for a corner; THENCE North 41 Degrees 30 Minutes 00 Seconds East, along the east line of said Dallas Drive Mini Storage Addition, a distance of 82.94 feet to the POINT OF BEGINNING and containing 1.03 acres of land, is commonly known as DCAD Property ID No. 33337. 5. Being Lot 1, Block 1, Johnson Addition, as recorded by Instrument No. 1985-36953, Plat Records, Denton County, Texas. And being the same property addressed at 1024 Dallas Dr. Denton, Texas, is commonly known as DCAD Property ID No. 114847. 6. Being a tract of land situated in the S.C. Hiram Survey, Abstract No. 616, Denton County, Texas, being all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 628, Page 704, Deed Records, Denton County, Texas, all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 532, Page 625, Deed Records, Denton County, Texas, all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 532, Page 622, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the south line of Lot 1, Block 1, Johnson Addition, recorded in Cabinet E, Page 184, Plat Records, Denton County, Texas; THENCE South 48 Degrees 35 Minutes 00 Seconds East along the south line of said Lot 1, a distance of 165.46 Feet to the west line of Teasley Lane; THENCE South 27 Degrees 25 Minutes 00 Seconds West, a distance of 88.67 feet along the west line of Teasley Lane to a point for a corner; THENCE South 26 Degrees 18 Minutes 00 Seconds West, a distance of 150.00 feet along the west line of Teasley Lane to a point for a corner; THENCE North 89 Degrees 14 Minutes 00 Seconds West, along the north line of Woodhill Addition, recorded in Cabinet C, Page 322, Plat Records, Denton County, Texas, a distance of 125.00 feet to a point for a corner on the east line of the Dallas Drive Mini Storage Addition, recorded in Cabinet D, Page 327, Plat Records, Denton County, Texas; THENCE North 11 Degrees 37 Minutes 20 Seconds East, along the east line of said Dallas Drive Mini Storage Addition, a distance of 264.27 feet to a point for a corner; THENCE North 41 Degrees 30 Minutes 00 Seconds East, along the east line of said Dallas Drive Mini Storage Addition, a distance of 82.94 feet to the POINT OF BEGINNING and containing 1.03 acres of land, is commonly known as DCAD Property ID No. 161527. (See Tract 33337) 7. Being a tract of land situated in the S.C. Hiram Survey, Abstract No. 616, Denton County, Texas, being all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 628, Page 704, Deed Records, Denton County, Texas, all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 532, Page 625, Deed Records, Denton County, Texas, all that certain tract of land described in deed to F. R. Boydston, recorded in Volume 532, Page 622, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point on the south line of Lot 1, Block 1, Johnson Addition, recorded in Cabinet E, Page 184, Plat Records, Denton County, Texas; THENCE South 48 Degrees 35 Minutes 00 Seconds East along the south line of said Lot 1, a distance of 165.46 Feet to the west line of Teasley Lane; THENCE South 27 Degrees 25 Minutes 00 Seconds West, a distance of 88.67 feet along the west line of Teasley Lane to a point for a corner; THENCE South 26 Degrees 18 Minutes 00 Seconds West, a distance of 150.00 feet along the west line of Teasley Lane to a point for a corner; THENCE North 89 Degrees 14 Minutes 00 Seconds West, along the north line of Woodhill Addition, recorded in Cabinet C, Page 322, Plat Records, Denton County, Texas, a distance of 125.00 feet to a point for a corner on the east line of the Dallas Drive Mini Storage Addition, recorded in Cabinet D, Page 327, Plat Records, Denton County, Texas; THENCE North 11 Degrees 37 Minutes 20 Seconds East, along the east line of said Dallas Drive Mini Storage Addition, a distance of 264.27 feet to a point for a corner; THENCE North 41 Degrees 30 Minutes 00 Seconds East, along the east line of said Dallas Drive Mini Storage Addition, a distance of 82.94 feet to the POINT OF BEGINNING and containing 1.03 acres of land, is commonly known as DCAD Property ID No. 161528. (See Tract 33337) Exhibit B Planning Staff Analysis ZCI19-0015 – City Initiated Zoning Changes (Area 15) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to Suburban Corridor (SC) zoning district and use classification, on approximately 5.89 acres of land, generally located south of Dallas Drive and west of Teasley Lane 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE PremiumFamilyPharmacyLLCΑ PREMIERMEDICAL 151608881512TEASLEYLNGeneralRetailandMedical OFFICESLLC Office 1594373POHAR,SELVI1400TEASLEYLNSingleFamilyDetachedDwelling BoydstonFoodsInc.Α 1533342BOYDSTON,FR1402TEASLEYLN UndevelopedLand,Commercial BoydstonFoodsInc.Α 1533337BOYDSTON,FR1402TEASLEYLN UndevelopedLand,Commercial Cooper'sCopies&PrintingΑ 15114847JOHNSON,DON1024DALLASDRPrinting,Copying,and PublishingEstablishment BoydstonFoodsInc.Α 15161527BOYDSTON,FR1402TEASLEY UndevelopedLand,Commercial BoydstonFoodsInc.Α 15161528BOYDSTON,FR UndevelopedLand,Commercial SIZE: 5.89 acres 2002 ZONING: Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): General Retail and Medical Office, Printing, Copying, and Publishing Establishment, and Single-Family Detached Dwelling STATUS: General Retail and Medical Office are permitted uses in both the MN and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. Printing, Copying, and Publishing Establishment is permitted in the MN with a Specific Use Permit, but is permitted in the SC by right. Changing the zoning to SC will change the status of the subject use to conforming. Single-Family Detached Dwelling is permitted in the MN, but is not permitted in the SC. Changing the zoning to SC will change the conforming status for the Single-Family Detached Dwelling to nonconforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA PremiumFamilyPharmacyLLCΑ 151997 MedicalOffice 15SingleFamilyDetachedDwelling1953 BoydstonFoodsInc.Α 15N/A UndevelopedLand,Commercial BoydstonFoodsInc.Α 15N/A UndevelopedLand,Commercial Cooper'sCopies&PrintingΑ 15Printing,Copying,and1986 PublishingEstablishment BoydstonFoodsInc.Α 15N/A UndevelopedLand,Commercial BoydstonFoodsInc.Α 15N/A UndevelopedLand,Commercial SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along Teasley Lane to the east and Dallas Drive to the north. There is a private drive between the Premium Family Pharmacy and the Single-Family Detached Dwelling that serves as access to the Multifamily Dwelling to the west. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseZoning:LightIndustrial(LI)Zoning:LightIndustrial(LI) Neighborhood(MN) Uses:DallasDriveandUse:DallasDriveandGeneral Use:GeneralRetailandAutomotiveFuelSalesRetail Restaurant West:East: Zoning:MixedUseZoning:PublicFacilities(PF) Neighborhood(MN)andGeneralOffice(GO) SUBJECTPROPERTY Use:MultifamilyDwellingUse:Administrativeand ProfessionalOfficesΑthe propertyisownedbyUNT andMultifamilyDwelling Southwest:South:Southeast: Zoning:GeneralOffice(GO) Zoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN) UseGeneralRetailand Restaurant Use:ParkingLotasaPrimaryUse:Restaurant Use PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 12 notices were sent to property owners within 200 feet of the subject property, 41 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a mix of uses. 2.General Retail and Medical Office are permitted uses in both the MN and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 3.Printing, Copying, and Publishing Establishment is permitted in the MN with a Specific Use Permit, but is permitted in the SC by right. Changing the zoning to SC will change the status of the subject use to conforming. 4.Single-Family Detached Dwelling is permitted in the MN, but is not permitted in the SC. Changing the zoning to SC will change the conforming status for the Single-Family Detached Dwelling to nonconforming. 5.The subject area has primary frontage along Teasley Lane to the east and Dallas Drive to the north. 6.The purpose of Suburban Corridor is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Downtown Commercial General (DC-G) to Suburban Corridor (SC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 15 Site Location PARK BOARDWALK 77 £ ¤ Area 15 0200400800 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 15 Future Land Use Map Low Residential BOARDWALK Community Mixed Use Industrial Commerce 77 £ ¤ Area 15 0180360720 Feet SITECommunity Mixed Use Future Land Use µ Industrial Commerce Low Residential Parcels Parks / Open Space Regional Mixed Use Roads Date: 5/21/2019 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. Area 15 Zoning Map (2002) NR-4 NRMU-12 77 £ ¤ EC-I DC-G NR-2 Area 15 NR-3 EC-C CM-G NRMU 0140280560 Feet SITECM-GEC-CNR-3 µ DC-GEC-INR-4 Zoning Overlay DR-1NR-2NRMU Parcels NRMU-12 Roads Date: 5/21/2019 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. Area 15 2019 Zoning Map 77 £ ¤ LI 77 £ ¤ R7 Area 15 PF 2181 MN GO 35E § ¨¦ 075150300 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0016a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaNeighborhoodResidentialMixedUse12(NRMU-12)toa SuburbanCorridor(SC)zoningdistrictanduseclassification,onapproximately4.75acresofland,generally locatedwestofTeasleyLandandonthenorthandsouthsidesofLondonderryLaneintheCityofDenton, DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingforapenaltyinthe maximumamountof$2,000.00forviolationsthereof;providingforseverabilityandaneffectivedate.The PlanningandZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19-0016a,CityInitiated Zoning Change - Area 16, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Neighborhood Residential Mixed Use 12 (NRMU-12) to a Suburban Corridor (SC) zoning district and use classification, on approximately 4.75 acres of land, generally located west of Teasley Land and on the north and south sides of Londonderry Lane in providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0016a, City Initiated Zoning Change - Area 16, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 16. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 16 Notification Map Area 16 0165330660 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0016 Area 16.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT ORDINANCE (DCA18-0009), ON APPROXIMATELY 4.75 ACRES OF LAND, GENERALLY LOCATED WEST OF TEASLEY LAND, AND ON THE NORTH AND SOUTH SIDES OF LONDONDERRY LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CG MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0016) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Neighborhood Residential Mixed Use 12 (NRMU-12) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 4.75 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after having due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Neighborhood Residential Mixed Use 12 (NRMU-12) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 4A-1, Block B, Teasley Mall Addition, as recorded by Instrument No. 1984-45216, Plat Records, Denton County, Texas. And being the same property addressed at 631 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 109521. 2. Being Lot 3, Block B, Teasley Mall Addition, as recorded by Instrument No. 1977-17455, Plat Records, Denton County, Texas. And being the same property addressed at 633 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39281. 3. Being Lot 1, Block B, Teasley Mall Addition, as recorded by Instrument No. 1976-17278, Plat Records, Denton County, Texas. And being the same property addressed at 637 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39279. 4. Being Lot 4B-1, Block B, Teasley Mall Addition, as recorded by Instrument No. 1984-45216, Plat Records, Denton County, Texas. And being the same property addressed at 623 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 109519. 5. Being Lot 2, Block B, Teasley Mall Addition, as recorded by Instrument No. 1976-17278, Plat Records, Denton County, Texas. And being the same property addressed at 635 Londonderry Ln.. Denton, Texas, is commonly known as DCAD Property ID No. 39280. 6. Being the Western portion of Lot 1R, Block A, Teasley Mall Addition, as recorded by Instrument No. 1985-56693, Plat Records, Denton County, Texas. And being the same property addressed at 638 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 122060. 7. Being Lot 3, Block A, Teasley Mall Addition, as recorded by Instrument No. 1977-5696, Plat Records, Denton County, Texas. And being the same property addressed at 630 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39272. 8. Being Lot 4, Block A, Teasley Mall Addition, as recorded by Instrument No. 1977-5696, Plat Records, Denton County, Texas. And being the same properties addressed at 622-624 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39274. 9. Being the Eastern portion of Lot 1R, Block A, Teasley Mall Addition, as recorded by Instrument No. 1985-56693, Plat Records, Denton County, Texas, is commonly known as DCAD Property ID No. 270669. Exhibit B Planning Staff Analysis ZCI19-0016 – City Initiated Zoning Changes (Area 16) City Council District 4 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Neighborhood Residential Mixed Use 12 (NRMU-12) to a Suburban Corridor (SC) zoning district and use classification, on approximately 4.75 acres of land, generally located west of Teasley Land and on the north and south sides of Londonderry Lane 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE TheWashhouseΑLaundry 16109521AKSTRATEGIESLLC631LONDONDERRYLN Facility,SelfService FrazierCommercial,BizSource FRAZIER,DONALDLMarketing,andZPropertiesΑ 1639281633LONDONDERRYLN &CATHYLAdministrativeandProfessional Office VALIEVBALLETValievBalletAcademyΑParking 1639279637LONDONDERRYLN ACADEMYLLCLotasaPrincipalUse FICKEY,SUZANNE& ORRSWICK,LondonderryVillageStripMallΑ 16109519 623LONDONDERRYLN ELIZABETHPEYTON&MedicalOffice BOMAR,ELISHAORR VALIEVBALLETValievBalletAcademyΑIndoor 1639280635LONDONDERRYLN ACADEMYLLCRecreationFacility BCCHIROPRACTIC 16122060PROPERTYHOLDINGS638LONDONDERRYLNNTChiropracticΑMedicalOffice LLC LITTLEMETZLERENT 1639272630LONDONDERRYLNaĻƷǩƌĻƩƭBBQΑRestaurant INC 622624LONDONDERRYParkViewApartmentsΑ 1639274ALBAGROUPLLC LNMultifamilyDwelling BCCHIROPRACTIC 16270669PROPERTYHOLDINGS638LONDONDERRYLNNTChiropracticΑMedicalOffice LLC SIZE: 4.75 acres 2002 ZONING: Neighborhood Residential Mixed Use 12 (NRMU-12) 2019 ZONING: Residential 7 (R7) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Self-Service Laundry Facility, Administrative and Professional Office, Parking Lot as a Principal Use, Medical Office, Indoor Recreation Facility, Restaurant, and Multifamily Dwelling STATUS: Self-Service Laundry Facility, Administrative and Professional Office, and Multifamily Dwelling are permitted uses in the R7 with a Specific Use Permit, but are permitted in the SC by right. Changing the zoning to SC will change the status of the subject uses to conforming. Parking Lot as a Principal Use, Medical Office, Indoor Recreation Facility, and Restaurant are not permitted in the R7, but are permitted in the SC. Changing the zoning to SC will change the nonconforming status of the subject uses to conforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA TheWashhouseΑLaundry 161984 Facility,SelfService FrazierCommercial,BizSource Marketing,andZPropertiesΑ 161982 AdministrativeandProfessional Office ValievBalletAcademyΑParking 16 N/A LotasaPrincipalUse LondonderryVillageStripMallΑ 161985 MedicalOffice ValievBalletAcademyΑIndoor 161970 RecreationFacility 16NTChiropracticΑMedicalOffice1976 16aĻƷǩƌĻƩƭBBQΑRestaurant1980 ParkViewApartmentsΑ 161970 MultifamilyDwelling 16NTChiropracticΑMedicalOffice1976 SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along Londonderry Lane. Londonderry Lane is a Collector Road that feeds into Teasley Lane a primary arterial to the east. The area is border by Jason Drive on the west and Teasley Lane on the east. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:HighwayCorridorZoning:HighwayCorridorZoning:MixedUse (HC)(HC)Neighborhood(MN)and Residential7(R7) Use:MultifamilyDwellingUses:MultifamilyDwelling Use:AutomotiveFuelSales andGeneralRetail West:East: Zoning:Residential7(R7)Zoning:MixedUse Neighborhood(MN) SUBJECTPROPERTY Use:Administrativeand ProfessionalOfficesandUse:MultifamilyDwelling MultifamilyDwelling Southwest:South:Southeast: Zoning:MixedUse Zoning:PublicFacilities(PF)Zoning:PublicFacilities(PF) Neighborhood(MN) Use:McMathMiddleSchoolUse:OpenSpaceΑSouth Use:MultifamilyDwelling LakesPark PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 12 notices were sent to property owners within 200 feet of the subject property, 35 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a mix of uses. 2.Self-Service Laundry Facility, Administrative and Professional Office, and Multifamily Dwelling are permitted uses in the R7 with a Specific Use Permit, but are permitted in the SC by right. Changing the zoning to SC will change the status of the subject uses to conforming. 3.Parking Lot as a Principal Use, Medical Office, Indoor Recreation Facility, and Restaurant are not permitted in the R7, but are permitted in the SC. Changing the zoning to SC will change the nonconforming status of the subject uses to conforming. 4.The area has primary frontage along Londonderry Lane. Londonderry Lane is a Collector Road that feeds into Teasley Lane a primary arterial to the east. 5.The purpose of Suburban Corridor is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Neighborhood Residential Mixed Use 12 (NRMU-12) to Suburban Corridor (SC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 16 Site Location Area 16 0145290580 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 16 Future Land Use Map Community Mixed Use Area 16 Industrial Commerce Low Residential Parks / Open Space 0130260520 Feet SITEIndustrial Commerce Future Land Use µ Parks / Open Space Low Residential Parcels Community Mixed Use Roads Date: 5/21/2019 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. Area 16 Zoning Map (2002) DC-G EC-C CM-G NRMU Area 16 NRMU-12 IC-G NR-2 NR-3 0100200400 Feet SITECM-GIC-GNRMU µ DC-GNR-2NRMU-12 Zoning Overlay EC-CNR-3 Parcels Roads Date: 5/21/2019 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. Area 16 2019 Zoning Map MN HC MN SC R7 2181 Area 16 R7 PF R3 065130260 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0017a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromaNeighborhoodResidentialMixedUse12(NRMU-12)andCommunity MixedUseGeneral(CM-G)toaMixed-UseNeighborhood(MN)zoningdistrictanduseclassificationdefined underthe2019DentonDevelopmentCode(OrdinanceDCA18-0009),onapproximately6.86acresofland, generallylocatedapproximately800feetwestofTeasleyLaneandonthenorthandsouthsidesofLondonderry LaneintheCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability; andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendedapproval6-0ofthe request. (ZCI19-0017a, City Initiated Zoning Change - Area 17, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G) to a Mixed-Use Neighborhood (MN) zoning district and use classification, on approximately 6.86 acres of land, generally located approximately 800 feet west of Teasley Lane and on the north and south sides of Londonderry Lane in the City of Denton, Denton County, Texas; a in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0017a, City Initiated Zoning Change - Area 17, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. Texas Local Government Code 21 the public health, safety, morals, or general welfare and protecting and preserving places and areas s the document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 17. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 17 Notification Map Area 17 0155310620 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0017 ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) AND COMMUNITY MIXED USE GENERAL (CM-G) TO A MIXED- USE NEIGHBORHOOD (MN) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009), ON APPROXIMATELY 6.86 ACRES OF LAND, GENERALLY LOCATED APPROXIMATELY 800 FEET WEST OF TEASLEY LANE AND ON THE NORTH AND SOUTH SIDES OF LONDONDERRY LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0017) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from a Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G) to a Mixed-Use Neighborhood (MN) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 6.86 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after having due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from a Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G) to a Mixed-Use Neighborhood (MN) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 Drake________________________ Exhibit A 1. Being Lot 1, Block A, The Residence Addition, as recorded in Cabinet C, Page 267, Plat Records, Denton County, Texas. And being the same property addressed at 1801 Jason Dr. Denton, Texas, is commonly known as DCAD Property ID No. 97021. 2. Being Lot 1, Block D, Teasley Mall Addition, as recorded by Instrument No. 1977-17455, Plat Records, Denton County, Texas. And being the same property addressed at 531 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39283. 3. Being Lot 1, Block B, The Residence Addition, as recorded in Cabinet C, Page 267, Plat Records, Denton County, Texas. And being the same property addressed at 1801 Jason Dr. Denton, Texas, is commonly known as DCAD Property ID No. 97020. 4. Being Lot 4, Block C, Teasley Mall Addition, as recorded by Instrument No. 1978-29246, Plat Records, Denton County, Texas. And being the same property addressed at 620 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39278. 5. Being Lot 3, Block C, Teasley Mall Addition, as recorded by Instrument No. 1978-29246, Plat Records, Denton County, Texas. And being the same property addressed at 618 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39277. 6. Being Lot 2, Block C, Teasley Mall Addition, as recorded by Instrument No. 1978-29246, Plat Records, Denton County, Texas. And being the same property addressed at 616 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39276. 7. Being Lot 1, Block C, Teasley Mall Addition, as recorded by Instrument No. 1978-29246, Plat Records, Denton County, Texas. And being the same property addressed at 614 Londonderry Ln. Denton, Texas, is commonly known as DCAD Property ID No. 39275. Exhibit B Planning Staff Analysis ZCI19-0017 – City Initiated Zoning Changes (Area 17) City Council District 4 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G) to a Mixed-Use Neighborhood (MN) zoning district and use classification, on approximately 6.86 acres of land, generally located approximately 800 feet west of Teasley Lane and on the north and south sides of Londonderry Lane 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE TEXASMANORINCOakMeadowsApartmentsΑ 17970211801JASONDR ASSOCLTMultifamilyDwelling TJANDRAMULIA,InfiniteCapabilitiesΑMedical 1739283531LONDONDERRYLN BERDYOffice TEXASMANORINCOakMeadowsApartmentsΑ 17970201801JASONDR ASSOCLTMultifamilyDwelling SWANWELLSP/SChateauEightΑMultifamily 1739278620LONDONDERRYLN LTDDwelling SCHWARTZ,HAROLDShadowWoodApartmentsΑ 1739277618LONDONDERRYLN MultifamilyDwelling EXECUTOR SCHWARTZ,HAROLDShadowWoodApartmentsΑ 1739276616LONDONDERRYLN MultifamilyDwelling EXECUTOR SCHWARTZ,HAROLDShadowWoodApartmentsΑ 1739275614LONDONDERRYLN EXECUTORMultifamilyDwelling SIZE: 6.86 acres 2002 ZONING: Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G) 2019 ZONING: Residential 7 (R7) and Highway Corridor (HC) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Mixed-Use Neighborhood (MN) EXISTING USE(S): Multifamily Dwelling and Medical Office STATUS: Multifamily Dwelling is permitted in the R7 and HC with a Specific Use Permit, but is permitted in the MN by right. Changing the zoning to MN will change the status of the subject use to conforming. Medical Office is not permitted in the R7, but is permitted in the MN Zoning District. Changing the zoning to MN will change the nonconforming status of the subject use to conforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA OakMeadowsApartmentsΑ 171983 MultifamilyDwelling InfiniteCapabilitiesΑMedical 17 1985 Office OakMeadowsApartmentsΑ 171983 MultifamilyDwelling ChateauEightΑMultifamily 171970 Dwelling ShadowWoodApartmentsΑ 171979 MultifamilyDwelling ShadowWoodApartmentsΑ 171979 MultifamilyDwelling ShadowWoodApartmentsΑ 171979 MultifamilyDwelling SITE DATA: The subject area is developed with Multifamily Dwelling and Medical Office uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along Londonderry Lane. Londonderry Lane is a Collector Road that feeds into Teasley Lane a primary arterial to the east. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:HighwayCorridorZoning:HighwayCorridorZoning:HighwayCorridor(HC) (HC)andMixedUse(HC) Neighborhood(MN) Use:MultifamilyDwelling Uses:MultifamilyDwelling Use:MedicalOfficeand MultifamilyDwelling West: East: Zoning:HeavyIndustrial(HI)Zoning:Residential7(R7) SUBJECTPROPERTY Use:AcmeBrickCompanyUse:MedicalOfficeand HighImpactManufacturingMultifamilyDwelling Southwest:South:Southeast: Zoning:PublicFacilities(PF) Zoning:HeavyIndustrial(HI)Zoning:PublicFacilities(PF) Use:McMathMiddleSchool Use:AcmeBrickCompanyUse:McMathMiddleSchool HighImpactManufacturing PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 11 notices were sent to property owners within 200 feet of the subject property, 28 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with Multifamily Dwelling and Medical Office. 2.Multifamily Dwelling is permitted in the R7 and HC with a Specific Use Permit, but is permitted in the MN by right. Changing the zoning to MN will change the status of the subject use to conforming. 3.Medical Office is not permitted in the R7, but is permitted in the MN Zoning District. Changing the zoning to MN will change the nonconforming status of the subject use to conforming. 4.The area has primary frontage along Londonderry Lane. Londonderry Lane is a Collector Road that feeds into Teasley Lane a primary arterial to the east. 5.The purpose of Mixed-Use Neighborhood is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicyclists and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive to the surrounding built and natural context in scale and form. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Neighborhood Residential Mixed Use 12 (NRMU-12) and Community Mixed Use General (CM-G) to Mixed-Use Neighborhood (MN) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 17 Site Location Area 17 0120240480 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 17 Future Land Use Map Community Mixed Use Area 17 Industrial Commerce Low Residential Parks / Open Space 0110220440 Feet SITEIndustrial Commerce Future Land Use µ Parks / Open Space Low Residential Parcels Community Mixed Use Roads Date: 5/21/2019 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. Area 17 Zoning Map (2002) DC-G EC-C NRMU CM-G NRMU-12 Area 17 IC-G NR-2 NR-3 0120240480 Feet SITECM-GIC-GNRMU µ DC-GNR-2NRMU-12 Zoning Overlay EC-CNR-3 Parcels Roads Date: 5/21/2019 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. Area 17 2019 Zoning Map HC MN SC Area 17 R7 HI PF 060120240 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0018a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaCommunityMixedUseGeneral(CM-G)toaMixed-Use Neighborhood(MN)zoningdistrictanduseclassification,onapproximately9.24acresofland,generally locatedonthenortheastcornerofSamBassBoulevardandLondonderryLaneintheCityofDenton,Denton County,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingforapenaltyinthe maximumamountof$2,000.00forviolationsthereof;providingforseverabilityandaneffectivedate.The PlanningandZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19-0018a,CityInitiated Zoning Change - Area 18, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Community Mixed Use General (CM-G) to a Mixed-Use Neighborhood (MN) zoning district and use classification, on approximately 9.24 acres of land, generally located on the northeast corner of Sam Bass Boulevard and Londonderry Lane in the City of penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19- 0018a, City Initiated Zoning Change - Area 18, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 18. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 18 Notification Map Area 18 0150300600 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0018 Area 18.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANG ING THE ZONING DISTRICT AND USE CLASSIFICATION FROM COMMUNITY MIXED USE GENERAL (CM-G) TO THE MIXED-USE NEIGHBORHOOD (MN) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 9.24 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHEAST CORNER OF SAM BASS BOULEVARD AND LONDONDERRY LANE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CI MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0018) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Community Mixed Use General (CM-G) to the Mixed-Use Neighborhood (MN) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 9.24 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Community Mixed Use General (CM-G) to a Mixed-Use Neighborhood (MN) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. All that certain tract or parcel of land being 4.626 acres of land and being 3.671 acres out of the A. HILL SURVEY, ABSTRACT NO. 623, and 0.955 acre out of the S.C. HIRAM SURVEY, ABSTRACT NO. 616, and also being 4.007 acres out of 5.300 acre tract recorded in volume 642, Page 98 of the Deed Records of Denton County, Texas, and also being 0.619 acre out of 10.304 acre tract recorded in Volume 642, Page 96 of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the East right of way line of Sam Bass Boulevard, said point being also in the North line of above referred to 5.300 acre tract and being North 89 degrees 23 minutes 50 seconds East 52.0 feet from the Northwest comer of above referenced 5.300 acre tract, for the Northwest comer of this tract; THENCE North 89 degrees 23 minutes 50 seconds East 98.17 feet along North line of said 5.300 acre tract to a point for an angle point in this tract; THENCE North 88 degrees 32 minutes 09 seconds East along said North line of 5.300 acre tract and passing at its Northeast comer at approximately 155.6 feet and continuing on a total distance of 194.86 feet to a point for the Northeast comer of this tract; THENCE South 00 degrees 24 minutes 00 seconds East 689.96 feet to a point in the North right of way line of Londonderry Lane for the Southeast comer of this tract; THENCE South 88 degrees 32 minutes 45 seconds West 243.04 feet along said North right of way line of Londonderry Lane to a point for an angle point of this tract, said point also being the beginning of a curve having a radius of 49.10 feet and a length of 78.03 feet; THENCE along said curve a total distance of 78.03 feet to the end of said curve, said point being in the East right of way line of Sam Bass Boulevard; THENCE North 00 degrees 24 minutes West 641.38 feet along said East right of way line of Sam Bass Boulevard to the PLACE OF BEGINNING; and containing 4.626 acres of land, more or less, is commonly known as DCAD Property ID No. 33305. (See Tract 161560) 2. All that certain tract of land situated in the A. Hill Survey Abstract Number 623 and the S. C. Hirams Survey Abstract Number 616, City of Denton, Denton County, Texas and being all of the called 4.586 acre tract described in the deed from Tajico Travel, Inc. to Lawrence H. Bame, recorded under Clerk's File Number 94-R0038701 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Southwest comer of the tract being described herein at a 1/2 inch iron rod found at the Southwest comer of the said 4.586 acre tract and the Southeast comer of the called 4.6300 acre tract described in the deed from The Fallas Partnership to Tjahjadi Tjandramulia recorded under Clerk's File Number 94-R0080744 of the said Real Property Records on the North right-of-way of Londonderry Lane from which a 3/8 inch iron rod found bears North 37 Degrees 54 Minutes East a distance of 1.5 feet; THENCE North 00 Degrees 24 Minutes 30 Seconds West, one foot West of a curb with the common line between the said 4.586 acre tract and the 4.6300 acre tract, a distance of 690.00 feet to a ½ inch iron rod found at the Northeast comer thereof from which a 3/8 inch iron rod found bears South 50 Degrees 30 Minutes East a distance of 1.0 feet; THENCE North 88 Degrees 52 Minutes 48 Seconds East with the North line of the 4.586 acre tract a distance of 289.48 feet to a 1/2 inch iron rod found at the Northeast comer thereof from which a ½ inch iron rod found bears North 79 Degrees 47 Minutes 05 Seconds East a distance of 0.2 feet; THENCE South 00 Degrees 31 Minutes 26 Seconds East with the East line of the 4.586 acre tract a distance of 687.90 feet to 1/2 inch iron rod found at the Southeast comer thereof on the North right-of-way of Londonderry Lane from which a 3/8 inch iron rod found bears North 00 Degrees 54 Minutes West a distance of 1.2 feet; THENCE South 88 Degrees 28 Minutes 12 Seconds West with the North right-of-way of Londonderry Lane and the South line of the 4.586 acre tract a distance of 290.90 feet to the PLACE OF BEGINNING and enclosing 4.589 acres of land, is commonly known as DCAD Property ID No. 33311. (See Tract 161561) 3. All that certain tract of land situated in the A. Hill Survey Abstract Number 623 and the S. C. Hirams Survey Abstract Number 616, City of Denton, Denton County, Texas and being all of the called 4.586 acre tract described in the deed from Tajico Travel, Inc. to Lawrence H. Bame, recorded under Clerk's File Number 94-R0038701 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Southwest comer of the tract being described herein at a 1/2 inch iron rod found at the Southwest comer of the said 4.586 acre tract and the Southeast comer of the called 4.6300 acre tract described in the deed from The Fallas Partnership to Tjahjadi Tjandramulia recorded under Clerk's File Number 94-R0080744 of the said Real Property Records on the North right-of-way of Londonderry Lane from which a 3/8 inch iron rod found bears North 37 Degrees 54 Minutes East a distance of 1.5 feet; THENCE North 00 Degrees 24 Minutes 30 Seconds West, one foot West of a curb with the common line between the said 4.586 acre tract and the 4.6300 acre tract, a distance of 690.00 feet to a ½ inch iron rod found at the Northeast comer thereof from which a 3/8 inch iron rod found bears South 50 Degrees 30 Minutes East a distance of 1.0 feet; THENCE North 88 Degrees 52 Minutes 48 Seconds East with the North line of the 4.586 acre tract a distance of 289.48 feet to a 1/2 inch iron rod found at the Northeast comer thereof from which a ½ inch iron rod found bears North 79 Degrees 47 Minutes 05 Seconds East a distance of 0.2 feet; THENCE South 00 Degrees 31 Minutes 26 Seconds East with the East line of the 4.586 acre tract a distance of 687.90 feet to 1/2 inch iron rod found at the Southeast comer thereof on the North right-of-way of Londonderry Lane from which a 3/8 inch iron rod found bears North 00 Degrees 54 Minutes West a distance of 1.2 feet; THENCE South 88 Degrees 28 Minutes 12 Seconds West with the North right-of-way of Londonderry Lane and the South line of the 4.586 acre tract a distance of 290.90 feet to the PLACE OF BEGINNING and enclosing 4.589 acres of land, is commonly known as DCAD Property ID No. 161561. 4. All that certain tract or parcel of land being 4.626 acres of land and being 3.671 acres out of the A. HILL SURVEY, ABSTRACT NO. 623, and 0.955 acre out of the S.C. HIRAM SURVEY, ABSTRACT NO. 616, and also being 4.007 acres out of 5.300 acre tract recorded in volume 642, Page 98 of the Deed Records of Denton County, Texas, and also being 0.619 acre out of 10.304 acre tract recorded in Volume 642, Page 96 of the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the East right of way line of Sam Bass Boulevard, said point being also in the North line of above referred to 5.300 acre tract and being North 89 degrees 23 minutes 50 seconds East 52.0 feet from the Northwest comer of above referenced 5.300 acre tract, for the Northwest comer of this tract; THENCE North 89 degrees 23 minutes 50 seconds East 98.17 feet along North line of said 5.300 acre tract to a point for an angle point in this tract; THENCE North 88 degrees 32 minutes 09 seconds East along said North line of 5.300 acre tract and passing at its Northeast comer at approximately 155.6 feet and continuing on a total distance of 194.86 feet to a point for the Northeast comer of this tract; THENCE South 00 degrees 24 minutes 00 seconds East 689.96 feet to a point in the North right of way line of Londonderry Lane for the Southeast comer of this tract; THENCE South 88 degrees 32 minutes 45 seconds West 243.04 feet along said North right of way line of Londonderry Lane to a point for an angle point of this tract, said point also being the beginning of a curve having a radius of 49.10 feet and a length of 78.03 feet; THENCE along said curve a total distance of 78.03 feet to the end of said curve, said point being in the East right of way line of Sam Bass Boulevard; THENCE North 00 degrees 24 minutes West 641.38 feet along said East right of way line of Sam Bass Boulevard to the PLACE OF BEGINNING; and containing 4.626 acres of land, more or less, is commonly known as DCAD Property ID No. 161560. Exhibit B Planning Staff Analysis ZCI19-0018 – City Initiated Zoning Changes (Area 18) City Council District 4 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Community Mixed Use General (CM-G) to a Mixed-Use Neighborhood (MN) zoning district and use classification, on approximately 9.24 acres of land, generally located on the northeast corner of Sam Bass Boulevard and Londonderry Lane 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE NORTHRIDGE TheStudioPlaceApartmentsΑ 1833305PROPERTYLLC&1900SAMBASSBLVD MultifamilyDwelling STUDIOPLACELLC ELMSTONEGROUPSalemRidgeApartmentsΑ 1833311501LONDONDERRYLN MultifamilyDwelling XIILLC ELMSTONEGROUPSalemRidgeApartmentsΑ 18161561501LONDONDERRYLN XIILLCMultifamilyDwelling NORTHRIDGE TheStudioPlaceApartmentsΑ 18161560PROPERTYLLC&1900SAMBASSBLVD MultifamilyDwelling STUDIOPLACELLC SIZE: 9.24 acres 2002 ZONING: Community Mixed Use General (CM-G) 2019 ZONING: Highway Corridor (HC) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Mixed-Use Neighborhood (MN) EXISTING USE(S): Studio Place Apartments - Multifamily Dwelling and Salem Ridge Apartments – Multifamily Dwelling STATUS: Multifamily Dwelling is permitted in the HC with a Specific Use Permit, but is permitted in the MN by right. Changing the zoning to MN will change the status of the subject use to conforming. BACKGROUND: YEARBUILDINGBUILT AREAEXISTINGUSE TheStudioPlaceApartmentsΑ 181971 MultifamilyDwelling SalemRidgeApartmentsΑ 181974 MultifamilyDwelling SalemRidgeApartmentsΑ 181974 MultifamilyDwelling TheStudioPlaceApartmentsΑ 181971 MultifamilyDwelling SITE DATA: The subject area is developed with Multifamily Dwelling. The area does not contain any FEMA or ESA designations. The area has frontage along Londonderry Lane to the south and Sam Bass Boulevard to the west. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:HighwayCorridorZoning:MixedUseZoning:HighwayCorridor(HC) (HC)Neighborhood(MN) Use:MultifamilyDwelling Use:MultifamilyDwellingUses:Undeveloped West:East: Zoning:HeavyIndustrial(HI)Zoning:MixedUse SUBJECTPROPERTY Neighborhood(MN) Use:AcmeBrickCompany HighImpactManufacturingUse:MedicalOffice Southwest:South:Southeast: Zoning:MixedUse Zoning:HeavyIndustrial(HI)Zoning:HeavyIndustrial(HI) Neighborhood(MN)and Residential7(R7) Use:AcmeBrickCompanyUse:AcmeBrickCompany HighImpactManufacturingHighImpactManufacturing Use:MedicalOfficeand MultifamilyDwelling PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 5 notices were sent to property owners within 200 feet of the subject property, 14 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with Multifamily Dwelling. 2.Multifamily Dwelling is permitted in the HC with a Specific Use Permit, but is permitted in the MN by right. Changing the zoning to MN will change the status of the subject use to conforming. 3.The area has frontage along Londonderry Lane to the south and Sam Bass Boulevard to the west. 4.The purpose of Mixed-Use Neighborhood is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicyclists and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive to the surrounding built and natural context in scale and form. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Community Mixed Use General (CM-G) to Mixed-Use Neighborhood (MN) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 18 Site Location Area 18 0125250500 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 18 Future Land Use Map Community Mixed Use Area 18 Business Industrial Innovation Commerce Parks / Open Space 0162.5325650 Feet SITEBusiness Innovation Future Land Use µ Industrial Commerce Low Residential Parcels Parks / Open Space Community Mixed Use Roads Date: 5/21/2019 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. Area 18 Zoning Map (2002) DC-G CM-G NRMU Area 18 NRMU-12 IC-E IC-G NR-3 NR-2 0137.5275550 Feet SITECM-GIC-ENR-3 µ DC-GIC-GNRMU Zoning Overlay EC-CNR-2NRMU-12 Parcels Roads Date: 5/21/2019 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. Area 18 2019 Zoning Map PF HC MN HC Area 18 R7 HI PF 060120240 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0019a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaDowntownCommercialGeneral(DC-G)toaHighway Corridor(HC)zoningdistrictanduseclassification,onapproximately7.17acresofland,generallylocated northofI-35EandonthewestandeastsidesofCentrePlaceDriveintheCityofDenton,DentonCounty, Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximum amountof$2,000.00forviolationsthereof;providingforseverabilityandaneffectivedate.ThePlanningand ZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19-0019a,CityInitiatedZoningChange- Area 19, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 7.17 acres of land, generally located north of I-35E and on the west and east sides of Centre Place Drive in the City of Denton, in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0019a, City Initiated Zoning Change - Area 19, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 19. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 19 Notification Map 77 £ ¤ Area 19 0160320640 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0019 Area 19.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANG ING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 7.17 ACRES OF LAND, GENERALLY LOCATED NORTH OF I-35E AND ON THE WEST AND EAST SIDES OF CENTRE PLACE DRIVE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE NG MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0019) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial General (DC-G) to the Highway Corridor (HC) zoning district and use classification defined under the Denton Development Code (Ordinance DCA18- 0009q) on approximately 7.17 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after giving due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Downtown Commercial General (DC-G) to the Highway Corridor (HC) zoning district and use classification defined under the Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 2R, Block B, Centre Place Addition, as recorded by Instrument No. 2002-63578, Plat Records, Denton County, Texas. And being the same property addressed at 1513 Centre Place DR Denton, Texas, is commonly known as DCAD Property ID No. 243046. 2. Being Lot 1, Block B, Centre Place Addition, as recorded by Instrument No. 2001-83394, Plat Records, Denton County, Texas. And being the same property addressed at 1517 Centre Place DR Denton, Texas, is commonly known as DCAD Property ID No. 237010. 3. Being Lot 1, Block A, Centre Place Addition, as recorded by Instrument No. 2001-83394, Plat Records, Denton County, Texas. And being the same property addressed at 1516 Centre Place DR Denton, Texas, is commonly known as DCAD Property ID No. 237008. 4. Being Lot 1, Block A, Denton Park 35 Addition, as recorded by Instrument No. 2002-66358, Plat Records, Denton County, Texas. And being the same property addressed at 341 S I35 Denton, Texas, is commonly known as DCAD Property ID No. 243968. Exhibit B Planning Staff Analysis ZCI19-0019 – City Initiated Zoning Changes (Area 19) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 7.17 acres of land, generally located north of I-35E and on the west and east sides of Centre Place Drive 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE CASTLEBACK HamptonInn&SuitesDentonΑ 19243046DENTONOWNER,1513CENTREPLACEDR Hotel LLC FIRSTUNITEDBANKFirstUnitedBankΑBankor 192370101517CENTREPLACEDR &TRUSTCOFinancialInstitution LAWRENCE,MARYJohnnyCarino'sRestaurantΑ 192370081516CENTREPLACEDR JANERestaurant NATIONALRETAILChuckE.Cheese'sRestaurantΑ 19243968341SI35 PROPERTIESINCRestaurant SIZE: 7.17 acres 2002 ZONING: Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Hotel, Bank or Financial Institution, and Restaurant STATUS: Hotel, Bank or Financial Institution, and Restaurant are permitted uses in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA HamptonInn&SuitesDentonΑ 192003 Hotel FirstUnitedBankΑBankor 192003 FinancialInstitution JohnnyCarino'sRestaurantΑ 192001 Restaurant ChuckE.Cheese'sRestaurantΑ 192003 Restaurant SITE DATA: The subject area is developed with Hotel, Bank or Financial Institution, and Restaurant uses. The area does not contain any FEMA or ESA designations. The three of the four parcels have primary frontage along I-35E to the south. The First United Bank, Johnny Carino’s Restaurant, and Hampton Inn have access from Centre Place Drive. Chuck E. Cheese’s Restaurant has access from a private drive to the west of the subject area. SURROUNDING ZONING AND LAND USES: Northwest: North:Northeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN) Neighborhood(MN)Neighborhood(MN) Use:MultifamilyDwellingUses:MultifamilyDwellingUse:MultifamilyDwelling West:East: Zoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN) SUBJECTPROPERTY Use:MultifamilyDwellingandUse:MultifamilyDwelling SelfServiceStorage Southwest:South:Southeast: Zoning:HighwayCorridorZoning:HighwayCorridorZoning:HighwayCorridor (HC)(HC)(HC) Use:I35EUse:I35EUse:I35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 7 notices were sent to property owners within 200 feet of the subject property, 22 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with Hotel, Bank or Financial Institution, and Restaurant uses. 2.Hotel, Bank or Financial Institution, and Restaurant are permitted uses in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 3.The three of the four parcels have primary frontage along I-35E to the south. 4.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Downtown Commercial General (DC-G) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 19 Site Location 77 £ ¤ ALEGRE VISTA Area 19 0140280560 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 19 Future Land Use Map 77 £ ¤ Area 19 Industrial Commerce Community Mixed Use 0170340680 Feet SITEBusiness Innovation Future Land Use µ Industrial Commerce Low Residential Parcels Parks / Open Space Community Mixed Use Roads Date: 5/21/2019 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. Area 19 Zoning Map (2002) NR-4 DC-N EC-I 77 £ ¤ DC-G DR-1 DR-2 Area 19 EC-C CM-G NRMU IC-E IC-G NRMU-12 NR-2 0170340680 Feet SITECM-GDR-1EC-INR-2 µ DC-GDR-2IC-ENR-4 Zoning Overlay DC-NEC-CIC-GNRMU Parcels NRMU-12 Roads Date: 5/21/2019 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. Area 19 2019 Zoning Map MN Area 19 35E § ¨¦ HC PF HC 062.5125250 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0020a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaDowntownCommercialGeneral(DC-G)toaHighway Corridor(HC)zoningdistrictanduseclassification,onapproximately10.08acresofland,generallylocatedon thenorthsideofI-35EandonthewestandeastsidesofMeadowStreetintheCityofDenton,DentonCounty, Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximum amountof$2,000.00forviolationsthereof;providingforseverabilityandaneffectivedate.ThePlanningand ZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19-0020a,CityInitiatedZoningChange- Area 20, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification,on approximately 10.08 acres of land, generally located on the north side of I-35E and on the west and east sides of Meadow Street 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 an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19- 0020a, City Initiated Zoning Change-Area 20, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adoptingthe DDC Updatewith an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review isExhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regardingthe Draft Zoning Map. The item was continued to August 6, 2019to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond tocitizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming usesand structures. Where existing conforming uses and structures will not comply with the Development Code because ofa combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standardsafter October 1, 2019. Attached for your review areExhibit 4 -Table of Allowed Usesand Exhibit 5 -District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically,areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to be updated to reflect the community’s vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographicalarea and by district type. Staff has identified the following public hearing dates forthese groups to be presentedfor consideration, see table below. P&Z DateCC DateAreas/OrdinancesParcelsLocation May 29June 1123139I-35 E June 26July 2321350I-35 N, US 380, and Loop 288 July 10August 6TBDTBDUS 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewedand recommendedby the Planning and Zoning Commission prior toCity Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizeninput through the public hearing process. After City Council takesindividual action on each of the City Initiated Zoning Changes, a separate agenda itemwill include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysisfor the subject zoning changeis provided as Exhibit 2. CONSIDERATION 1.Texas Local Government Code 211 grants municipal zoning authority “for the purpose of promoting the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and significance.” The zoning map is the document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2.The 2019 Development Code includes Subchapter 3 –Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1.Approve as submitted 2.Approve subject to conditions 3.Deny 4.Postpone consideration 5.Table item RECOMMENDATION The Planning and Zoning Commission recommended approval6-0 of the request. Staff recommends approvalof the City Initiated Zoning Changefor Area 20. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1.Agenda Information Sheet 2.Staff Analysis 3.Zoning District Transition Chart 4.Table of Allowed Uses 5.District Purpose and Dimensional Standards 6.Aerial Map 7.Future Land Use Map 8.2002 Zoning Map 9.2019 Zoning Map 10.Proposed Zoning Map 11.Notification Map 12.Draft May 29, 2019 –Planning and Zoning Commission Minutes 13.Draft Ordinance Respectfully submitted: Scott A. McDonald Directorof Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 20 Notification Map BOARDWALK 77 £ ¤ 377 £ ¤ Area 20 0212.5425850 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0020 Area 20.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANG ING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 10.08 ACRES OF LAND, GENERALLY LOCATED ON THE NORTH SIDE OF I-35E AND ON THE WEST AND EAST SIDES OF MEADOW STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CG MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHINGAN EFFECTIVE DATE. (ZCI19-0020) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial General (DC-G) to theHighway Corridor (HC) zoning district and use classification on approximately 10.08 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 1, Block 1, ACI Addition, as recorded by Instrument No. 1995-49920, Plat Records, Denton County, Texas. And being the same property addressed at 201 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 36809. 2. Being Lot 1R2, Block A, Roy Riney insurance Addition, as recorded by Instrument No. 2012- 207, Plat Records, Denton County, Texas. And being the same property addressed at 100 N I35E Denton, Texas, is commonly known as DCAD Property ID No. 557741. 3. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE A. SURVEY ABSTRACT NUMBER 623, DENTON COUNTY, TEXAS, AND BEING ALL OF A TRACT SHOWN BY DEED TO TRIPLE A OIL COMPANY OF TEXAS AND RECORDED IN VOLUME 1198, PAGE 372 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE SOUTHEAST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT A HALF INCH REBAR PIN FOUND ON THE NORTH RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35E; SAID PIN BEING THE SOUTHEAST CORNER OF SAID TRIPLE A OIL COMPANY TRACT, ALSO BEING THE MOST SOUTHERN SOUTHWEST CORNER OF A TRACT SHOWN SY DEED TO LEON MCNATT AND RECORDED IN VOLUME 577, PAGE 308 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID PIN ALSO BEING AT THE SOUTHEAST CORNER OF THE EXISTING CONCRETE PAVEMENT; THENCE NORTH 79 DEGREES 15 MINUTES 00 SECONDS WEST A DISTANCE OF 156.39 FEET TO A HALF INCH REBAR PIN FOUND ON THE NORTH RIGHT-OF- WAY UNE OF INTERSTATE HIGHWAY 3SE, SAID PIN BEING THE SOUTHWEST CORNER OF SAID TRIPLE A OIL COMPANY TRACT; THENCE NORTH 38 DEGREES 49 MINUTES 40 SECONDS EAST, GENERALLY WITH 11-IE EXISTING EDGE OF THE CONCRETE PAVEMENT, A DISTANCE Of 62.15 FEET TO A HALF INCH REBAR PIN FOUND AT AN ANGLE POINT IN THE WEST UNE OF SAID TRIPLE A 01L COMPANY TRACT; THENCE NORTH 10 DEGREES 57 MINUTES 55 SECONDS EAST A DISTANCE OF 82.89 FEET TO A HALF INCH REBAR PIN FOUND AT THE NORTHWEST CORNER OF SAID TRIPLE A OIL COMPANY TRACT, ALSO BEING THE MOST WESTERLY SOUTHWEST CORNER OF SAID MCNATT TRACT; THENCE SOUTH 79 DEGREES 18 MINUTES 20 SECONDS EAST A DISTANCE OF 125.45 FEET TO A HALF INCH REBAR PIN FOUND AT THE NORTHEAST CORNER OF SAID TRIPLE A OIL COMPANY TRACT, ALSO BEING AN INNER ELL CORNER OF SAID MCNATT TRACT; THENCE SOUTH 10 DEGREES 10 MINUTES 40 SECONDS WEST A DISTANCE OF 137.85 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.418 ACRES OF LAND, is commonly known as DCAD Property ID No. 36446. 4. Being Lot 1, Block 1, Greenhouse Addition, as recorded by Instrument No. 1985-58466, Plat Records, Denton County, Texas. And being the same property addressed at 164 N I35E Denton, Texas, is commonly known as DCAD Property ID No. 121418. Exhibit B Planning Staff Analysis ZCI19-0020 – City Initiated Zoning Changes (Area 20) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 10.08 acres of land, generally located on the north side of I-35E and on the west and east sides of Meadow Street 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE CubeSmartSelfStorageΑSelf 2036809CUBESMARTLP201SI35E ServiceStorage CatholicBooksandGiftsand 20557741LE'DUN,INC100NI35ECigarFrogsΑGeneralRetailand Bar,Tavern,orLodge FIVESACSELFUHaulMoving&StorageΑ 2036446220NI35E STORAGECORPParkingLotasaPrincipalUse UHaulMoving&StorageΑ EIGHTEENSACSELFAutomotiveSalesorLeasing, 20121418164NI35E STORAGECORPGeneralRetail,andSelfService Storage SIZE: 10.08 acres 2002 ZONING: Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Self-Service Storage, General Retail and Bar, Tavern, or Lodge, Automotive Sales or Leasing, Self-Service Storage, and Parking Lot as a Principal Use STATUS: General Retail is a permitted use in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding environment. Self-Service Storage and General Retail more than 15,000 square feet, and Bar, Tavern, or Lodge are permitted uses in the MN with a Specific Use Permit, but are permitted in the HC by right. Changing the zoning to HC will change the status of the subject uses to conforming. Automotive Sales or Leasing and Parking Lot as a Principal Use are not permitted in the MN, but are permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject uses to conforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA CubeSmartSelfStorageΑSelf 20 1995 ServiceStorage CatholicBooksandGiftsand 20CigarFrogsΑGeneralRetailand1996 Bar,Tavern,orLodge UHaulMoving&StorageΑ 20N/A ParkingLotasaPrincipalUse UHaulMoving&StorageΑSelf 201996 ServiceStorage SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the south. Three of the four parcels are accessible from the I-35E frontage road. The General Retail and Bar, Tavern, or Lodge parcel is accessible from Meadow Street. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN)Neighborhood(MN) Use:RailroadandMultifamilyUses:MultifamilyDwellingUse:MultifamilyDwelling Dwelling West: East: Zoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN) SUBJECTPROPERTY Use:RailroadandMultifamilyUse:MultifamilyDwellingand DwellingRestaurant Southwest:South:Southeast: Zoning:HighwayCorridorZoning:HighwayCorridorZoning:HighwayCorridor (HC)(HC)(HC) Use:I35EUse:I35EUse:I35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 5 notices were sent to property owners within 200 feet of the subject property, 20 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a mix of uses. 2.General Retail is a permitted use in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding environment. 3.Self-Service Storage and General Retail more than 15,000 square feet, and Bar, Tavern, or Lodge are permitted uses in the MN with a Specific Use Permit, but are permitted in the HC by right. Changing the zoning to HC will change the status of the subject uses to conforming. 4.Automotive Sales or Leasing and Parking Lot as a Principal Use are not permitted in the MN, but are permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject uses to conforming. 5.The area has primary frontage along I-35E to the south. 6.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Downtown Commercial General (DC-G) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 20 Site Location BOARDWALK 77 £ ¤ 377 £ ¤ Area 20 0215430860 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 20 Future Land Use Map Low Residential Neighborhood / University Compatibility Area Community Mixed Use 77 £ ¤ 377 £ ¤ Area 20 Industrial Commerce Business Innovation 0190380760 Feet SITEBusiness Innovation Future Land Use µ Commercial Low Residential Parcels Industrial Commerce Community Mixed Use Roads Parks / Open Space Neighborhood / University Compatibility Area Date: 5/21/2019 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. Area 20 Zoning Map (2002) NR-4 DC-N EC-I DC-G £ ¤ 377 £ ¤ DR-1 DR-2 Area 20 CM-G CM-E NRMU IC-E IC-G NRMU-12 0170340680 Feet SITECM-EDC-NEC-INR-4 µ CM-GDR-1IC-ENRMU Zoning Overlay DC-GDR-2IC-GNRMU-12 Parcels Roads Date: 5/21/2019 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. Area 20 2019 Zoning Map R7 MN Area 20 35E § ¨¦ HC LI HI MN 085170340 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0021a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionforanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaDowntownCommercialGeneral(DC-G)toaSuburban Corridor(SC)zoningdistrictanduseclassification,onapproximately23.16acresofland,generallylocated northofI-35EandeastofFortWorthDriveintheCityofDenton,DentonCounty,Texas;adoptingan amendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverabilityandaneffectivedate.ThePlanningandZoningCommission recommendedapproval6-0oftherequest.(ZCI19-0021a,CityInitiatedZoningChange-Area21,Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption for an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Suburban Corridor (SC) zoning district and use classification, on approximately 23.16 acres of land, generally located north of I-35E and east of Fort Worth Drive in the City of Denton, Denton County, Texas; of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0021a, City Initiated Zoning Change - Area 21, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 21. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Public Hearing Notice Responses 13. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 21 Notification Map MAPLE FANNIN PARK MARGIE 77 £ ¤ 377 £ ¤ Area 21 OAKWOOD 03006001,200 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0021 Area 21.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 23.16 ACRES OF LAND, GENERALLY LOCATED NORTH OF I-35E AND EAST OF FORT WORTH DRIVE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0021) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 23.16 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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, Sections 2 and 3 of this Ordinance shall take effect on October 1, 2019, a date more than 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 1. All that certain 0.281 acre tract or parcel of land situated in the A. HILL SURVEY, knight, recorded in Volume 341, Page 363, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING for the Southeast corner of this tract at an iron pin found, said corner being the Southeast corner of said Knight tract, said corner also being the Northeast corner of a tract shown by Deed to John c. Roberts. Jr. and recorded 1n Volume 539, Page 86, Deed Records of Denton County, Texas; THENCE South 89 degrees 23 minutes 00 seconds West, with the South line of said Knight tract a distance of 116.42 feet to a spike on the East Right-of-Way of State Highway 377 (Carroll Boulevard); THENCE Northeasterly with a curve to the left whose radius is 11,518.83 feet, arc 149.90 feet (chord North 21 degrees 01 minutes 46 seconds East 149.90 feet) to railroad spike for the Northwest corner of said Knight tract; THENCE South 89 degrees 49 minutes 14 seconds East, a distance of 60.0 feet to an iron pin set on the West line of Myrtle Street; THENCE South 01 degrees 05 minutes 00 seconds East, with Myrtle Street a distance of 138.5 feet to THE POINT OF BEGINNING, and containing in all 0.281 acres of land, is commonly known as DCAD Property ID No. 36278. 2. All that certain 0.528 aero tract, or parcel of land situated in the A. Hill Survey, Abstract No, 623, City and County of Denton) Texas; said tract being tracts described In deeds to H.E. & J.C. Roberts as recorded In Volume 459, Page 223 and Volume 539, page 86 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows; Beginning, for the northeast corner of the tract being described herein at an iron pin in the western line of Myrtle Street at the northeast corner of said tract to Roberts as recorded in Volume 539, page 86 of said Deed Records, said point at beginning being also the southeast corner of tract described in deed to Turner Knight, et ux as recorded in Volume 341, page 3113 of said Deed Records; Thence South 0 degrees 36 minutes 40 seconds East, 206.0 feet to a 1 1/2" iron pipe found for the northeast corner of tract described in deed to V. R. Clearman and recorded in Volume 396, page 518 of the Deed Records of Denton County, Texas; Thence South 89 degrees 23 minutes West, 91.6 feet to an 8 inch treated fence post in an eastern line of tract described in deed to J. L. Kertz and recorded in Volume 508, page 113 of the Deed Records of Denton County, Texas; Thence North 21 degrees 22 minutes 30 seconds East, 35.7 feet to an iron pin set 1.1 feet westerly of northwest corner of tin building; Thence South 88 degrees 28 minutes West, 3.0 feet to an iron pin set in ground; Thence North 70 degrees 00 minutes 30 seconds West, 90.3 feet to an iron pin set In the eastern line of U.S. Highway No. 377 (Fort Worth Drive); Thence Northeasterly with arc or curve to left whose radius is 11010.2 feet the following, chords North 20 degrees 45 minutes 40 seconds East 70.8 feet; North 20 degrees 23 minutes East 80.8 feet; Thence North 89 degrees 29 minutes 10 seconds East, 116.4 feet to the place of beginning, is commonly known as DCAD Property ID No. 36283. 3. 0.280 acre of land situated in the ALEXANDER HILL SURVEY, Abst. No. 623, City of Denton, Denton, Texas., being that certain tract of land descried in deed to Mike Caylor and wife, Darlene Caylor by deed recorded in instrument Number 2005-145658, Deed Records, Denton County, Texas being more particularly described as follows; corner of said Caylor tract, at the most westerly southwest corner of the certain tract of land described in deed to Roy H. Pursur, Jr. and David E. Pursur be deed recorded in Volume 1087, Page 616, Deed Records, Denton County, Texas, said point being the northwest corner of the hereon described tract of land; THENCE along the common line of said Caylor and Pursur tracts as follows: corner of that certain tract of land described in deed to Truman Lee Teel by deed recorded in Instrument Number 03- he common line of said Caylor and Teel tracts, 79.66 certain tract of land described in deed to Buford James Bryant be deed recorded in Volume 754, Page 732, Deed Records, Denton County, Texas, said point being the southeast corner of the herein described tract of land; THENC passing the northwest corner of said Bryant tract and the northeast corner of that certain tract of land described in deed to Z. B. Eagle Partners, L.P. by deed recorded in Instrument Number 93-R0036887, Deed Records, Denton County, Texas, continuing along the common line of said Caylor and Z.B. Eagle Partners, L.P. tr iron rod set at the northeast corner of said Z.B. Partners, L.P. tract in the east line of said FORT WORTH DRIVE, at the beginning of a curve to the left whose radius is 11,019.20 corner of the herein described tract of land; THENE along the common line of said Caylor tract and FORT WORTH DRIVE, along of 150.01 feet to the POINT OF BEINGING and containing 0.280 acre (12,215 square feet) of land. 0.280 acre of land situated in the ALEXANDER HILL SURVEY, Abst. No. 623, City of Denton, Denton, Texas., being that certain tract of land descried in deed to Mike Caylor and wife , Darlene Caylor by deed recorded in instrument Number 2005-145658, Deed Records, Denton County, Texas being more particularly described as follows; est corner of said Caylor tract, at the most westerly southwest corner of the certain tract of land described in deed to Roy H. Pursur, Jr. and David E. Pursur be deed recorded in Volume 1087, Page 616, Deed Records, Denton County, Texas, said point being the northwest corner of the hereon described tract of land; THENCE along the common line of said Caylor and Pursur tracts as follows: of land described in deed to Truman Lee Teel by deed recorded in Instrument Number 03- certain tract of land described in deed to Buford James Bryant be deed recorded in Volume 754, Page 732, Deed Records, Denton County, Texas, said point being the southeast corner of the herein described tract of land; the northwest corner of said Bryant tract and the northeast corner of that certain tract of land described in deed to Z. B. Eagle Partners, L.P. by deed recorded in Instrument Number 93-R0036887, Deed Records, Denton County, Texas, continuing along the common line the northeast corner of said Z.B. Partners, L.P. tract in the east line of said FORT WORTH DRIVE, at the beginning of a curve to the left whose radius is 11,019.20 feet and whose herein described tract of land; THENE along the common line of said Caylor tract and FORT WORTH DRIVE, along said curve in a northerly direction, t 150.01 feet to the POINT OF BEINGING and containing 0.280 acre (12,215 square feet) of land, is commonly known as DCAD Property ID No. 36284. 4. Being out of the Alexander Hill Survey, Abstract No. 623, being a part of a tract of land described in deed from Mrs. Mattie Brown to W.W. Dickey, as shown of record in Volume 281, page 350, of the Deed Records of Denton County, Texas, being more particularly described as follows: BEGINNING at an iron stake for corner in the North boundary line of the said Dickey tract at the intersection of the North boundary line of said tract with the East boundary line of a tract of land described in deed from W.W. Dickey to the State of Texas, as shown of record in Volume 289, page 479, of the Deed Records of Denton County, Texas, said tract being part of the right-of-way of U.S. Highway No. 377; THENCE East with the North boundary line of said Dickey tract, 80.0 feet to an iron stake for corner; THENCE south 135.5 feet to an iron stake for corner in the south boundary line of said Dickey tract; THENCE West with the South boundary line of said Dickey tract 136.3 feet to an iron stake for corner in the Easterly boundary line of said U.S. Highway 377; THENCE in a Northeasterly direction with said Highway right-of-way with a curve to the left whose radius is 11,519.2 feet, 144.3 feet to the PLACE OF BEGINNING, is commonly known as DCAD Property ID No. 36288. 5. FIELD NOTES to all that certain lot, tract or parcel of land situated In the A. Hill Survey, Abstract Number 623, Denton County, Texas, and being all of a tract of land described in a deed to James D. McMahan, as recorded in County Clerk File Number 2005-131326. Real Property Records, Denton County, Texas, and a part of a net of land described in a deed to James R. McMahan and wife, Lecil McMahan, as recorded In Volume 338, Page 247, Deed Records, Denton County, Texas, the subject tract being more particularly described as follow; BEGINNING at a capped iron rod set in the East line of Fort Worth Drive (US HWY 377) for the Southwest comer of the herein described tract, the Southwest corner of the first mentioned McMahan tract and the Northwest corner of Lot One in Block One of Jack Brisco Addition, an addition to the City or Denton, according to the plat thereof recorded in Cabinet C, Page 128, Plat Records, Denton County, Texas; THENCE North 24 degrees 16 minutes 11 seconds East with the East line of said Drive and the West line of said McMahan tract a distance of 97.85 feet to a capped iron rod set for the Northwest comer thereof and the Southwest corner of a tract of land described In a deed to Z.B. Eagle Partners Limited Partnership, as recorded in County Clerk File Number 1993-36887, Real Property Records, Denton County, Texas: THENCE South 88 degree$ 48 minutes 01 seconds East with the South line thereof and the North line of said McMahan tract, at a distance of 105.1 feet passing the Northeast corner thereof and the Northwest corner of the second mentioned McMahan tract, continuing along said course and the North line thereof, a total distance of 136.30 feel to a capped iron rod found stamped "KAZ" for the Southeast corner of said Z,B. Eagle tract, the Northeast corner of the herein described tract and the Northwest corner of a tract of land described in a deed to Ronald C. Johnson et ux, as recorded in County Clerk File Number 2009-88839, Real Property Records, Denton County. Tex., from which a metal pipe found for the Northeast corner thereof bears South 88 degrees 38 minutes 10 seconds East, a distance of 150.00 feet; THENCE South with the West line of said Johnson tract and a line severing the second mentioned McMahan tract, along or near a fence, a distance of 89.20 feet to a point in the South line thereof for the Southeast comer of the here described tract, from which a capped iron rod found stamped "KAZ" for the Southwest corner of said Johnson tract bears South, a distance of 2.10 feet; THENCE North 89 degrees 04 minutes 29 seconds West with the Southline or the second mentioned McMahan tract, at a distance of 1.2 feet passing a metal pipe found for the apparent Northeast comer of said lot One, continuing along said course and the North line thereof, along the North edge of a concrete drive, at a distance of 34.6 feet passing the Southeast comer of the second mentioned McMahan tract tract and the Southeast corner of the first mentioned McMahan tract, continuing along said course, a total distance of 176.51 feet to the PLACE OF BEGINNING and enclosing 0.32 of an acre of land more or less, is commonly known as DCAD Property ID No. 36291. 6. All that certain lot, tract or parcel of land situated in the city and county of Denton, State of Texas, a part of the Alexander Hill Survey, Abstract No. 623, and being parts of a certain 7 acre tract of land conveyed by W.C. Baines to R. H. Hoffman by Deed dated August 11, 1892, and shown of record in Volume 49, Page 136, Deed Records of Denton County, Texas, and part of a 4 acre tract of land conveyed by J. M. Sherman to R. H. Hoffman by Deed dated April 17, 1889, and shown of record in Volume 37, Page 635, Deed Records of Denton county, Texas, and more particularly described as follows: BEGINNING at an iron pipe in the East line of the re-located U.S. Highway No. 377 at a point 60 feet from and at right angles to the center line of said highway opposite chaining station 54 plus 12.8, said point being 130 feet southwesterly on a curve to the right along the East line of said highway from the North line of said 4 acre tract; THENCE Southeast at a right angle to the center line of said highway 100 feet to an iron stake; THENCE South 22° 30' west 100 feet to an iron stake; THENCE North 66° West 100 feet to an iron stake in the East line of said highway; THENCE North 19° 01' East 11.5 feet along the East line of said highway to a concrete highway marker opposite and at a right angle to the centerline station 55 plus 01.3; THENCE Northeasterly 88.5 feet on the East line of said highway along a curve to the left, to THE PLACE OF BEGINNING, and containing 0.23 acres of land; and being the same property set out land described in a Deed from Ridley H. Wright and wife, Hilie J.Wright, dated September 1, 1950, and shown of record in Volume 362, Page 156 of the Deed Records of Denton county, Texas, is commonly known as DCAD Property ID No. 36827. 7. Being Lot 1, Block 1, Village Office Park & Mini Storage Addition, as recorded in Cabinet D, Page 14, Plat Records, Denton County, Texas. And being the same property addressed at 525 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 109542. 8. Being Lot 1, Block A, Hwy 377-Racetrac Addition, as recorded by Instrument No. 2003- 38967, Plat Records, Denton County, Texas. And being the same property addressed at 601 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 256795. 9. Being Lot 1RA, Block 1, Eagle Point Shopping Center Addition, as recorded by Instrument No. 2011-118, Plat Records, Denton County, Texas. And being the same property addressed at 701 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 209329. 10. Being Lot 1RB, Block 1, Eagle Point Shopping Center Addition, as recorded by Instrument No. 2011-118, Plat Records, Denton County, Texas. And being the same property addressed at 681 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 331266. 11. Being Lot 1, Block 1, Jack Brisco Addition, as recorded by Instrument No. 1982-31345, Plat Records, Denton County, Texas. And being the same property addressed at 505 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 81917. Exhibit B Planning Staff Analysis ZCI19-0021 – City Initiated Zoning Changes (Area 21) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Suburban Corridor (SC) zoning district and use classification, on approximately 23.16 acres of land, generally located north of I-35E and east of Fort Worth Drive 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE PrestigeMotorSalesΑ 2136278LASSITER,CLARICE315FORTWORTHDR AutomotiveSalesorLease PursurAutoRepair AutomotiveRepairShop,Major PURSUR,ROYHOR 2136283 405FORTWORTHDRandTheShearsStudioHair DAVIDE SalonΑPersonalService, General RedingMartialArtsΑIndoor 2136284REDING,MARK407409FORTWORTHDR RecreationFacility ZBEAGLEPARTNERSRobertsAutoWorldΑ 2136288 419FORTWORTHDR LTDP/SAutomotiveSalesorLease RobertsAutoWorldΑ 2136291H&SLEASINGINC501FORTWORTHDR AutomotiveSalesorLease ZenithDryCleanersΑPersonal 2136827BARROW,JAMESH511FORTWORTHDR Service,General MachoSelfStorageDentonΑ AMERICASSTORAGE 21109542525FORTWORTHDRSelfServiceStorageand P/S ShoppingStripΑGeneralRetail RACETRACRaceTracΑAutomotiveFuel 21256795601FORTWORTHDR PETROLEUMINCSales CAMPUSCRESTATTheArchApartmentsΑ 21209329701FORTWORTHDR DENTONLPMultifamilyDwelling TACOBELLOFTacoBellΑRestaurant,with 21331266681FORTWORTHDR AMERICAINCDriveThrough L.A.TiresΑAutomotiveRepair 2181917KELSEY,ANN505FORTWORTHDR Shop,Minor SIZE: 23.16 acres 2002 ZONING: Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Automotive Sales or Lease, Minor Automotive Repair Shop, Major Automotive Repair Shop, General Personal Service, Indoor Recreation Facility, Self-Service Storage, General Retail, Automotive Fuel Sales, Multifamily Dwelling, and Restaurant with Drive-Through STATUS: Major Automotive Repair Shop is not permitted in the MN, but is permitted in the SC Zoning District. Changing the zoning to SC will change the nonconforming status of the subject use to conforming. Automotive Sales or Lease is not permitted uses in both the MN and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. General Personal Service, Indoor Recreation Facility, and General Retail are permitted uses in both the MN and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. Minor Automotive Repair Shop, Self-Service Storage, General Retail more than 15,000 square feet, Automotive Fuel Sales, and Restaurant with Drive-Throughare permitted uses in the MN with a Specific Use Permit, but is permitted in the SC by right. Changing the zoning to SC will change the status of the subject uses to conforming. Multifamily Dwelling is permitted in the SC with a Specific Use Permit, but is permitted in the MN by right. Changing the zoning to SC will change the conforming status of the subject use to nonconforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA PrestigeMotorSalesΑ 211980 AutomotiveSalesorLease PursurAutoRepair AutomotiveRepairShop,Major 21andTheShearsStudioHair1976 SalonΑPersonalService, General RedingMartialArtsΑIndoor 211968 RecreationFacility RobertsAutoWorldΑ 211950 AutomotiveSalesorLease RobertsAutoWorldΑ 211940 AutomotiveSalesorLease ZenithDryCleanersΑPersonal 211982 Service,General MachoSelfStorageDentonΑ 21SelfServiceStorageand1980 ShoppingStripΑGeneralRetail RaceTracΑAutomotiveFuel 212003 Sales TheArchApartmentsΑ 212011 MultifamilyDwelling TacoBellΑRestaurant,with 212011 DriveThrough L.A.TiresΑAutomotiveRepair 211985 Shop,Minor SITE DATA: The subject area is all developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along Fort Worth Drive, a primary arterial. All parcels are accessible from Fort Worth Drive to the west. The Arch of Denton Apartments can also be accessed from State School Road. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN)Neighborhood(MN) Use:MultifamilyDwellingUses:OpenSpaceandSelfUse:MajorAutomotiveRepair ServiceLaundryFacilityShopandSinglefamily DetachedDwelling West:East: Zoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN)and PublicFacilities(PF) Use:MultifamilyDwelling, AutomotiveSalesorLeasing,Use:SinglefamilyDetached SUBJECTPROPERTY MajorAutomotiveRepairDwelling,ElectricSubstation, Administrativeand Shop,Tat t ooandBody ProfessionalOffice,Railroad, PiercingParlor,LowImpact andMultifamilyDwelling Manufacturing,SelfService Storage,andMinor AutomotiveRepairShop Southwest:South:Southeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN)Neighborhood(MN)and HighwayCorridor(HC) Use:Motel,GeneralRetail,Use:Printing,Copying,and Use:I35E,AutomotiveSales Restaurant,GeneralPersonalPublishingEstablishment, Service,andAutomotiveFuelandBankorFinancialorLeasing,GeneralRetail,and SalesInstitutionSelfServiceStorage PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 26 notices were sent to property owners within 200 feet of the subject property, 51 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this staff analysis, staff received two (2) responses in favor and no response in opposition from property owners within 200 feet of the subject property. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed a mix of uses. 2.Major Automotive Repair Shop is not permitted in the MN, but is permitted in the SC Zoning District. Changing the zoning to SC will change the nonconforming status of the subject use to conforming. 3.Automotive Sales or Lease is not permitted uses in both the MN and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 4.General Personal Service, Indoor Recreation Facility, and General Retail are permitted uses in both the MN and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 5.Minor Automotive Repair Shop, Self-Service Storage, General Retail more than 15,000 square feet, Automotive Fuel Sales, and Restaurant with Drive-Throughare permitted uses in the MN with a Specific Use Permit, but is permitted in the SC by right. Changing the zoning to SC will change the status of the subject uses to conforming. 6.Multifamily Dwelling is permitted in the SC with a Specific Use Permit, but is permitted in the MN by right. Changing the zoning to SC will change the conforming status of the subject use to nonconforming. 7.The area has primary frontage along Fort Worth Drive, a primary arterial. 8.All parcels are accessible from Fort Worth Drive to the west. The Arch of Denton Apartments can also be accessed from State School Road. 9.The purpose of Suburban Corridor is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Downtown Commercial General (DC-G) to Suburban Corridor (SC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 21 Site Location MAPLE 377 £ ¤ Area 21 0235470940 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 21 Future Land Use Map MAPLE Neighborhood / University Compatibility Area Community Mixed Use Commercial 377 £ ¤ Area 21 Low Residential Industrial Commerce 0212.5425850 Feet SITENeighborhood / University Compatibility Area Future Land Use Low ResidentialCommercial µ Parcels Industrial Commerce Downtown Compatibility Area Roads Government / Institutional Community Mixed Use Date: 5/21/2019 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. Area 21 Zoning Map (2002) MAPLE DR-2 NR-3 DR-1 DC-N NRMU-12 EC-I DC-G 377 £ ¤ Area 21 NR-4 CM-G CM-E IC-E IC-G NRMU 0212.5425850 Feet SITECM-EDC-NEC-INR-3 µ CM-GDR-1IC-ENR-4 Zoning Overlay DC-GDR-2IC-GNRMU Parcels NRMU-12 Roads Date: 5/21/2019 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. Area 21 2019 Zoning Map PF R7 MN 377 £ ¤ MN Area 21 R7 35E § ¨¦ HC R4 0120240480 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0022a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaDowntownCommercialGeneral(DC-G)toaHighway Corridor(HC)zoningdistrictanduseclassification,onapproximately4.10acresofland,generallylocatedon thenortheastcornerofI-35EandFortWorthDriveintheCityofDenton,DentonCounty,Texas;adoptingan amendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverabilityandaneffectivedate.ThePlanningandZoningCommission recommendedapproval6-0oftherequest.(ZCI19-0022a,CityInitiatedZoningChange-Area22,Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 4.10 acres of land, generally located on the northeast corner of I-35E and Fort Worth Drive in the City of Denton, Denton maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0022a, City Initiated Zoning Change - Area 22, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 22. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 22 Notification Map 377 £ ¤ Area 22 0140280560 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0022 Area 22.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 4.10 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHEAST CORNER OF I-35E AND FORT WORTH DRIVE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING 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. (ZCI19-0022) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial General (DC-G) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 4.10 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code(Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 5R, Block 1, Eagle Point Shopping Center Addition, as recorded by Instrument No. 2011-118, Plat Records, Denton County, Texas. And being the same property addressed at 500 N I35E Denton, Texas, is commonly known as DCAD Property ID No. 494940. 2. Being Lot 1, Sunrise Center Addition, as recorded by Instrument No. 1979-18120, Plat Records, Denton County, Texas. And being the same property addressed at 735 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 27407. 3. Being Lot 2B, Sunrise Center Addition, as recorded by Instrument No. 1979-18120, Plat Records, Denton County, Texas. And being the same property addressed at 510 N I35E Denton, Texas, is commonly known as DCAD Property ID No. 27415. 4. Being Lot 2, Block A, Compass Bank Addition, as recorded by Instrument No. 2007-36876, Plat Records, Denton County, Texas. And being the same property addressed at 733 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 524325. 5. Being Lot 1, Block A, Compass Bank Addition, as recorded by Instrument No. 2007-36876, Plat Records, Denton County, Texas. And being the same property addressed at 729 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 524324. Exhibit B Planning Staff Analysis ZCI19-0022 – City Initiated Zoning Changes (Area 22) City Council District 1 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 4.10 acres of land, generally located on the northeast corner of I-35E and Fort Worth Drive 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE A3DENTONMCD 22494940500NI35EUndevelopedLand,Commercial LLC A3DENTONMCD 2227407735FORTWORTHDRUndevelopedLand,Commercial LLC A3DENTONMCD 2227415510NI35EUndevelopedLand,Commercial LLC IMPressGraphicsΑPrinting, LESSEKPROPERTIES 22524325733FORTWORTHDRCopying,andPublishing LLC Establishment BBVACompassΑBankor 22524324COMPASSBANK729FORTWORTHDR FinancialInstitution SIZE: 4.10 acres 2002 ZONING: Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Printing, Copying, and Publishing Establishment and Bank or Financial Institution STATUS: Bank or Financial Institution is a permitted use in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding environment. Printing, Copying, and Publishing Establishment and Restaurant with a Drive-Through are permitted uses in the MN with a Specific Use Permit, but is permitted in the HC by right. Changing the zoning to HC will change the status of the subject uses to conforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA 22UndevelopedLand,CommercialN/A 22UndevelopedLand,CommercialN/A 22UndevelopedLand,CommercialN/A IMPressGraphicsΑPrinting, 22 Copying,andPublishing1984 Establishment BBVACompassΑBankor 221970 FinancialInstitution SITE DATA: The subject area is developed with Printing, Copying, and Publishing Establishment and Bank or Financial Institution. The undeveloped parcels were previously developed with buildings, but were demolished as a result of the I-35E Widening Project. The remaining portions of the parcels are being consolidated into one and will be developed as a McDonald’s Restaurant. The project is currently under review by staff. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the south. The two developed parcels are accessed from Fort Worth Drive. SURROUNDING ZONING AND LAND USES: Northwest:North:Northeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN)Neighborhood(MN) Use:MotelUses:MultifamilyDwellingUse:MultifamilyDwelling andRestuarant West:East: Zoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN) SUBJECTPROPERTY Use:GeneralRetail,GeneralUse:MultifamilyDwelling PersonalService,and AutomotiveFuelSales Southwest: South:Southeast: Zoning:HighwayCorridorZoning:HighwayCorridorZoning:HighwayCorridor (HC)(HC)(HC) Use:I35EUse:I35EUse:I35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 6 notices were sent to property owners within 200 feet of the subject property, 21 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with Printing, Copying, and Publishing Establishment and Bank or Financial Institution. 2.The undeveloped parcels are being consolidated into one and will be developed as a McDonald’s Restaurant. 3.Bank or Financial Institution is a permitted use in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject use - it will make the zoning of the area consistent with the surrounding environment. 4.Printing, Copying, and Publishing Establishment and Restaurant with a Drive-Through are permitted uses in the MN with a Specific Use Permit, but is permitted in the HC by right. Changing the zoning to HC will change the status of the subject uses to conforming. 5.The area has primary frontage along I-35E to the south. 6.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Downtown Commercial General (DC-G) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 22 Site Location 377 £ ¤ Area 22 0100200400 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 22 Future Land Use Map Community Neighborhood Mixed / University 377 Use £ ¤ Compatibility Area Commercial Area 22 Industrial Commerce Low Residential 0120240480 Feet SITENeighborhood / University Compatibility Area Future Land Use µ Commercial Low Residential Parcels Industrial Commerce Community Mixed Use Roads Date: 5/21/2019 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. Area 22 Zoning Map (2002) DC-N 377 DC-G £ ¤ DR-2 DR-1 Area 22 CM-G NR-4 CM-E IC-E IC-G 0120240480 Feet SITECM-EDC-NIC-E µ CM-GDR-1IC-G Zoning Overlay DC-GDR-2NR-4 Parcels Roads Date: 5/21/2019 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. Area 22 2019 Zoning Map MN 377 £ ¤ Area 22 35E § ¨¦ HC 055110220 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0023a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaDowntownCommercialNeighborhood(DC-N)and DowntownCommercialGeneral(DC-G)toaSuburbanCorridor(SC)zoningdistrictanduseclassification,on approximately23.95acresofland,generallylocatedwestofFortWorthDriveandnorthofLindseyStreetin theCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’sofficialzoningmap;providing forapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverabilityandan effectivedate.ThePlanningandZoningCommissionrecommendedapproval6-0oftherequest.(ZCI19- 0023a, City Initiated Zoning Change - Area 23, Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G) to a Suburban Corridor (SC) zoning district and use classification, on approximately 23.95 acres of land, generally located west of Fort Worth Drive and north zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0023a, City Initiated Zoning Change - Area 23, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and si document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 23. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Public Hearing Notice Responses 13. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 23 Notification Map UNION MAPLE FANNIN MARGIE Area 23 377 £ ¤ OAKWOOD 02555101,020 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0023 Area 23.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL NEIGHBORHOOD (DC-N) AND DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 23.95 ACRES OF LAND, GENERALLY LOCATED WEST OF FORT WORTH DRIVE AND NORTH OF LINDSEY STREET IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHINGAN EFFECTIVE DATE. (ZCI19- 0023) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 23.95 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC- G) to a Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 1, Block A, Exchange at North Texas Addition, as recorded by Instrument No. 2004- 77591, Plat Records, Denton County, Texas. And being the same property addressed at 1201 Cleveland St. Denton, Texas, is commonly known as DCAD Property ID No. 269523. 2. Being Lot 1, Block 1, Feltman Addition, as recorded by Instrument No. 2015-121, Plat Records, Denton County, Texas. And being the same property addressed at 602 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 659971. 3. Being Lot 1, Block A, Tommy's High Tech Automotive Addition as recorded by Instrument No. 2012-234, Plat Records, Denton County, Texas. And being the same property addressed at 620 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 559728. 4. Being all that certain tract or parcel of land situated in the A. HILL SURVEY, ABSTRACT NUMBER 623, City and County of Denton, Texas; and being the same three (3) tracts shown by Deed to O.W. O'Rear, Jessie L. Pope and J. Nolan Barnett, Trustees of Local Union Number 1526, United Brotherhood of Carpenters and Joiners of America, recorded in VOLUME 564, PAGE 631, Deed Records of said County; and being more particularly described as follows: BEGINNING at a found iron pin at the Northeast corner of said Tract One, also being on the West Right-of-Way of U.S. Highway 377; THENCE South 23 degrees 39 minutes 00 seconds West, with said Right-of-Way, a distance of 96.09 feet to a found iron pin for corner; THENCE South 27 degrees 11 minutes 00 seconds West, with said Right-of-Way, a distance of 4.3 feet to a found iron pin; THENCE South 86 degrees 37 minutes 08 seconds West, a distance of 23.77 feet to a corner on the East side of a brick building; THENCE South 04 degrees 59 minutes 44 seconds West, with the East edge of said building, a distance of 0.6 feet to a found iron pin at the Southeast corner of said building; THENCE North 85 degrees 00 minutes 16 seconds West, with the South edge of said building part of the way, a distance of 56.77 feet to an iron pin for corner; THENCE North 05 degrees 22 minutes 59 seconds East, a distance of 82.78 feet to an iron pin for corner; THENCE North 86 degrees 43 minutes 03 seconds East, a distance of 113.27 feet to the POINT OF BEGINNING and CONTAINING in all 0.1952 acres of land, more or less, is commonly known as DCAD Property ID No. 36903. 5. All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being out of the Alexander Hill 640· acre survey, Abstract No. 623, and being a part of a 5. 41 acre tract as described in deed from W.C. Baines to R. H. Hoffman, and recorded in Vol. 57, page, 151, of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a stake 100 feet North of the S.W.C. of a 5.41 acre tract of land as conveyed by Carl C. Hoffman to G.W. Pritchett by deed dated May 11, 1946, recorded in Vol, 326, page·320, Deed Records of Denton County, Texas, said corner being the S.W.C. of a tract of land conveyed by G.W. Pritchett to W.V. Tunnicliff by deed dated May 18, 1951, as shown of record in Vol, 368, page 412, of the Deed .Records of Denton County, Texas, said point of beginning being at the N.W.C. of above mentioned tract as conveyed by G. W. Pritchett to W. V. Tunnicliff; THENCE North 100 feet, a stake in fence, for corner; THENCE East parallel with S.B.L. of a 5.41 acre tract 410.4 feet an automobile axle for corner in the W.B.L. of U.S. Highway No. 377; THENCE South 24 deg. 48 min. West along the W.B.L. of U.S. Highway No, 377 110.3 feet an automobile axle for corner, said corner being the N.E.C. of mentioned Pritchett to Tunnicliff tract; THENCE West along the N.B.L. of mentioned Tunnicliff property and parallel with S.B.L. of said 5.41 acre tract, to point of beginning, containing in all 0.889 acres of land, is commonly known as DCAD Property ID No. 36890. 6. Being Lot 1, Block 1, McJones Addition, as recorded by Instrument No. 1984-30350, Plat Records, Denton County, Texas. And being the same property addressed at 612 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 107324. 7. Being Lot 2, Block A, Five Ten Villas Addition, as recorded by Instrument No. 2018-228, Plat Records, Denton County, Texas. And being the same property addressed at 550 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 731662. 8. Being Lot 1, Block A, Five Ten Villas Addition, as recorded by Instrument No. 2018-228, Plat Records, Denton County, Texas. And being the same property addressed at 510 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 731661. Exhibit B Planning Staff Analysis ZCI19-0023 – City Initiated Zoning Changes (Area 23) City Council District 3 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G) to a Suburban Corridor (SC) zoning district and use classification, on approximately 23.95 acres of land, generally located west of Fort Worth Drive and north of Lindsey Street 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE GATEWAY GatewayAtDentonApartments 23269523INVESTORSOWNER,1201CLEVELANDST ΑMultifamilyDwelling LLC FELTMANREALTYEnterpriseRentACarΑ 23659971602FORTWORTHDR LTDAutomotiveSalesorLeasing SCFRCFUNDINGIIITommy'sHiTechAutoΑ 23559728620FORTWORTHDR LLCAutomotiveRepairShop,Major CRANDALLCAPITALDentonTattooCo.ΑTattooand 2336903616FORTWORTHDR HOLDINGSLTDBodyPiercingParlor Hoop'sMachine&WeldingInc. 2336890SKEEN,GARY600FORTWORTHDR Manufacturing,LowImpact 612FORTWORTHAdvancedAutoRepair 23107324612FORTWORTHDR DRIVELLCAutomotiveRepairShop,Major IronGuardStorageΑSelf 23731662LUCK7EQUITYVLLC550FORTWORTHDR ServiceStorage Oliver'sPaintlessDentRemoval 23731661FIVETENVILLASLLC510FORTWORTHDRΑAutomotiveRepairShop, Minor SIZE: 23.95 acres 2002 ZONING: Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Automotive Sales or Lease, Multifamily Dwelling, Tattoo and Body Piercing Parlor, Minor Automotive Repair Shop, Major Automotive Repair Shop, Self-Service Storage, and Low-Impact Manufacturing STATUS: Tattoo and Body Piercing Parlor, Major Automotive Repair Shop, and Low-Impact Manufacturing are not permitted uses in the MN, but are permitted in the SC. Changing the zoning to SC will change the nonconforming status of the subject uses to conforming. Automotive Sales or Lease is not a permitted use in both the MN and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. Minor Automotive Repair Shop and Self-Service Storage are permitted uses in the MN with a Specific Use Permit, but are permitted in the SC by right. Changing the zoning to SC will change the status of the subject uses to conforming. Multifamily Dwelling is permitted in the SC with a Specific Use Permit, but is permitted in the MN by right. Changing the zoning to SC will change the conforming status of the subject use to nonconforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA GatewayAtDentonApartments 232005 ΑMultifamilyDwelling EnterpriseRentACarΑ 231950 AutomotiveSalesorLeasing Tommy'sHiTechAutoΑ 231982 AutomotiveRepairShop,Major DentonTattooCo.ΑTattooand 23 1940 BodyPiercingParlor Hoop'sMachine&WeldingInc. 231965 Manufacturing,LowImpact AdvancedAutoRepair 231985 AutomotiveRepairShop,Major IronGuardStorageΑSelf 232001 ServiceStorage Oliver'sPaintlessDentRemoval 23ΑAutomotiveRepairShop,2018 Minor SITE DATA: The subject area is all developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along Fort Worth Drive, a primary arterial. All parcels are accessible from Fort Worth Drive to the east, except for Gateway At Denton Apartments and Tommy’s Hi Tech Auto. The Gateway At Denton Apartments is accessed from Collins Street to the north and Tommy’s Hi Tech Auto is accessed from Lindsey Street to the south. SURROUNDING ZONING AND LAND USES: Northwest: North:Northeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN)andNeighborhood(MN) Residential7(R7) Use:MultifamilyDwellingUse:OpenSpaceandSelf Uses:MultifamilyDwellingServiceLaundryFacility West:East: SUBJECTPROPERTY Zoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN) Use:MultifamilyDwellingUse:AutomotiveSalesor Leasing,GeneralRetail, GeneralPersonalService, IndoorRecreationFacility, SelfServiceStorage, AutomotiveFuelSales, MultifamilyDwelling, RestaurantwithDrive Through,MinorAutomotive RepairShop,andMajor AutomotiveRepairShop Southwest:South:Southeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN)Neighborhood(MN)and HighwayCorridor(HC) Use:ReligiousAssemblyUse:MotelandRestaurant Use:Printing,Copying,and PublishingEstablishment,and BankorFinancialInstitution PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 25 notices were sent to property owners within 200 feet of the subject property, 64 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this staff analysis, staff received one (1) response in favor and no response in opposition from property owners within 200 feet of the subject property. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed a mix of uses. 2.Tattoo and Body Piercing Parlor, Major Automotive Repair Shop, and Low-Impact Manufacturing are not permitted uses in the MN, but are permitted in the SC. Changing the zoning to SC will change the nonconforming status of the subject uses to conforming. 3.Automotive Sales or Lease is not a permitted use in both the MN and SC Zoning Districts. Although changing the zoning to SC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 4.Minor Automotive Repair Shop and Self-Service Storage are permitted uses in the MN with a Specific Use Permit, but are permitted in the SC by right. Changing the zoning to SC will change the status of the subject uses to conforming. 5.Multifamily Dwelling is permitted in the SC with a Specific Use Permit, but is permitted in the MN by right. Changing the zoning to SC will change the conforming status of the subject use to nonconforming. 6.The area has primary frontage along Fort Worth Drive, a primary arterial. 7.All parcels are accessible from Fort Worth Drive to the east, except for Gateway At Denton Apartments and Tommy’s Hi Tech Auto. 8.The purpose of Suburban Corridor is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G) to Suburban Corridor (SC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 23 Site Location MAPLE Area 23 377 £ ¤ 0200400800 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 23 Future Land Use Map Government / Institutional MAPLE Neighborhood / University Compatibility Area Area 23 Community Mixed Use Commercial 377 £ ¤ Low Residential Industrial Commerce 0200400800 Feet SITENeighborhood / University Compatibility Area Future Land Use Commercial µ Low Residential Parcels Downtown Compatibility AreaIndustrial Commerce Roads Government / Institutional Community Mixed Use Date: 5/21/2019 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. Area 23 Zoning Map (2002) UNION DR-2 MAPLE DR-1 DC-N NRMU-12 DC-G EC-I Area 23 377 £ ¤ NR-3 OAKWOOD CM-G CM-E NR-4 IC-E IC-G NRMU 0235470940 Feet SITECM-EDC-NEC-INR-3 µ CM-GDR-1IC-ENR-4 Zoning Overlay DC-GDR-2IC-GNRMU Parcels NRMU-12 Roads Date: 5/21/2019 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. Area 23 2019 Zoning Map MN R7 PF MN 377 £ ¤ Area 23 MN R7 R7 35E § ¨¦ 0100200400 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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 #:ZCI19-0024a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,regardingachange inthezoningdistrictanduseclassificationfromaDowntownCommercialGeneral(DC-G)toaHighway Corridor(HC)zoningdistrictanduseclassification,onapproximately8.32acresofland,generallylocatedon thenorthwestcornerofI-35EandFortWorthDriveintheCityofDenton,DentonCounty,Texas;adoptingan amendmenttotheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverabilityandaneffectivedate.ThePlanningandZoningCommission recommendedapproval6-0oftherequest.(ZCI19-0024a,CityInitiatedZoningChange-Area24,Ron Menguita) City of DentonPage 1 of 1Printed on 6/7/2019 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 11, 2019 SUBJECT Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 8.32 acres of land, generally located on the northwest corner of I-35E and Fort Worth Drive in the City of Denton, Denton maximum amount of $2,000.00 for violations thereof; providing for severability and an effective date. The Planning and Zoning Commission recommended approval 6-0 of the request. (ZCI19-0024a, City Initiated Zoning Change - Area 24, Ron Menguita) BACKGROUND On April 23, 2019 the City Council approved an ordinance adopting the DDC Update with an effective date of October 1, 2019. In addition, the ordinance provided for a Section that upon adoption and approval of the ordinance, and until October 1, 2019, applicants may opt to pursue projects under either the previously adopted and modified Denton Development Code and zoning, or under the newly revised and approved Denton Development Code and Zoning District Transition Chart. Attached for your review is Exhibit 3 - Zoning District Transition Chart. The Transition Chart illustrates how Zoning Districts were renamed or consolidated, and ultimately reduced from 23 to 16 Zoning Districts. At the same meeting the City Council also held a public hearing regarding the Draft Zoning Map. The item was continued to August 6, 2019 to allow staff to prepare and bring forward City Initiated Zoning Changes. The City Initiated Zoning Changes are to respond to citizen comments. During the public hearing multiple citizens spoke regarding the Transition Chart as it related to their property. Those that spoke in opposition requested that their property be zoned different from what was approved with the Transition Chart. The City Initiated Zoning Changes will also address non-conforming uses and structures. Where existing conforming uses and structures will not comply with the Development Code because of a combination of the newly adopted Transition Chart, Table of Allowed Uses, and District Purpose and Dimensional Standards after October 1, 2019. Attached for your review are Exhibit 4 - Table of Allowed Uses and Exhibit 5 - District Purpose and Dimensional Standards. Lastly, the City Initiated Zoning Changes will implement consistency with the Land Use Element of the Denton Plan 2030 in certain areas. Specifically, areas where properties were either recently annexed and never properly zoned or areas where the zoning of properties need to vision of the area. City Initiated Zoning Changes will be presented during public hearings in groups of areas, organized for consideration by geographical area and by district type. Staff has identified the following public hearing dates for these groups to be presented for consideration, see table below. P&Z Date CC Date Areas/Ordinances Parcels Location May 29 June 11 23 139 I-35 E June 26 July 23 21 350 I-35 N, US 380, and Loop 288 July 10 August 6 TBD TBD US 377, Teasley Lane, and Neighborhood University Compatibility Areas The public hearings will be noticed in accordance with Texas Local Government Code Chapter 211, reviewed and recommended by the Planning and Zoning Commission prior to City Council consideration. This will ensure both the integrity and transparency of the process remains by providing an opportunity for citizen input through the public hearing process. After City Council takes individual action on each of the City Initiated Zoning Changes, a separate agenda item will include a presentation and consideration of the new Zoning Map (as amended to incorporate individual approved City Initiated Zoning Changes) with an effective date of October 1, 2019. A Staff Analysis for the subject zoning change is provided as Exhibit 2. CONSIDERATION 1. the public health, safety, morals, or general welfare and protecting and preserving places and areas of h document that visually depicts where the zoning districts are applied to implement those adopted regulations i.e. the Denton Development Code. 2. The 2019 Development Code includes Subchapter 3 Zoning Districts which provides a purpose and dimensional standards of the regulations for each of the 16 new Zoning Districts. OPTIONS 1. Approve as submitted 2. Approve subject to conditions 3. Deny 4. Postpone consideration 5. Table item RECOMMENDATION The Planning and Zoning Commission recommended approval 6-0 of the request. Staff recommends approval of the City Initiated Zoning Change for Area 24. PRIOR ACTION/REVIEW (Council, Boards, Commissions) No prior action/review. DEVELOPER ENGAGEMENT DISCLOSURES No developer contact and/or meeting disclosures have been provided to staff as of the issuance of this report. EXHIBITS 1. Agenda Information Sheet 2. Staff Analysis 3. Zoning District Transition Chart 4. Table of Allowed Uses 5. District Purpose and Dimensional Standards 6. Aerial Map 7. Future Land Use Map 8. 2002 Zoning Map 9. 2019 Zoning Map 10. Proposed Zoning Map 11. Notification Map 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Area 24 Notification Map 377 £ ¤ Area 24 OAKWOOD WILLOWWOOD 0180360720 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/22/2019 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. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0024 Area 24.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 8.32 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHWEST CORNER OF I-35E AND FORT WORTH DRIVE IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE NG MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0024) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial General (DC-G) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009) on approximately 8.32 acres of land legally described in Exhibit A and generally depicted in the map in Exhibit , both of which are attached hereto and incorporated herein by reference the Property); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after givintg the requisite notices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Code(Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Denton finds that the change in the zoning district and use classification 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 Downtown Commercial General (DC-G) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The zoning district and use classification. SECTION 4. 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 5. 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 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 take effect on October 1, 2019, a date more than 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 1. Being Lot 1, B.U.C. Addition, as recorded by Instrument No. 1974-12982, Plat Records, Denton County, Texas. And being the same property addressed at 700 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 27205. 2. Being Lot 2B, B.U.C. Addition, as recorded by Instrument No. 1979-11877, Plat Records, Denton County, Texas. And being the same properties addressed at 714-736 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 27180. 3. Being Lot 2A, Block , B.U.C. Addition, as recorded by Instrument No. 1979-11877, Plat Records, Denton County, Texas. And being the same property addressed at 712 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 27196. 4. All that certain tract or parcel of land situated in the A. Hill Survey, Abstract 623, Denton County, Texas, being part of the 3.490 acre tract conveyed to W.H. Mulkey, David Mulkey, and Walter Kenas, Trustees of the Denton Baptist Temple, Denton, Texas, as recorded in Volume 476, Page 664, Deed Records, Denton County, Texas and being part of the 1.663 acre tract conveyed to Denton Baptist Temple, as recorded in Volume 641, Page 242, Deed Records, Denton County, Texas, being part of the tract of land conveyed to Walter Kenas, W.H. Mulkey, David Mulkey, Eddie F. Schertz, and John Collinsworth, Trustees of the Denton Baptist Temple, Denton, Texas as recorded in Volume 519, Page 451, Deed Records, Denton County, Texas, being more particularly described as follows: BEGINNING at a point being on the west line of Lot 2-B, B.U.C. Inc. Subdivision, as recorded by Instrument No. 1979-11877, Plat Records, Denton County, Texas, and being the Southeast corner of the 1.5244 acre tract conveyed to The State if Texas from Wayne Washington, Al Valdez and Warren Stinnett, Trustees of the Denton Baptist Temple of Denton, as recorded by County Clerk Instrument Number 2016-130785, Real Property Records Denton County, Texas and being the southeast corner of the herein described tract; Texas tract, a distance of 73.61 feet to a point for a corner; south line of said 1.5244 acre State of Texas tract, a distance of 281.87 feet to a point for a corner; Texas tract, a distance of 334.28 feet to a point for a corner on the east line of Bernard Street and being the southwest corner of the herein described tract; of 145.74 feet to a point for a corner on the south line of Lindsey Street and being the northwest corner of the herein described tract; 600 feet to a point for a corner being the northeast corner of the herein described tract and being the southwest corner of Lot 1, B.U.C. Addition, as recorded by Instrument No. 1974-12982, Plat Records, Denton County, Texas; THENCE South, along the west line of said B.U.C. Addition, a distance of 499.6 feet to the place of beginning, containing in all approximately 4.6 acres of land, is commonly known as DCAD Property ID No. 36920 and 36914. Exhibit B Planning Staff Analysis ZCI19-0024 – City Initiated Zoning Changes (Area 24) City Council District 3 June 11, 2019 REQUEST: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification from a Downtown Commercial General (DC-G) to a Highway Corridor (HC) zoning district and use classification, on approximately 8.32 acres of land, generally located on the northwest corner of I-35E and Fort Worth Drive 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 an effective date. AREAPROPERTYIDOWNERNAMEPHYSICALADDRESSEXISTINGUSE DTXPROSPER 2427205700FORTWORTHDRStudio6DentonΑUNTΑMotel HOSPITALITYLLC ValeroΑAutomotiveFuelSales, ZBEAGLEPARTNERS 2427180714736FORTWORTHDRGeneralRetailandGeneral LTDP/S PersonalService WhataburgerΑRestaurant,with 2427196WHATABURGERINC712FORTWORTHDR DriveThrough DENTONBAPTIST610Interstate35FrontageDentonBaptistTempleΑ 2436920 TEMPLERoadReligiousAssembly DENTONBAPTIST610Interstate35FrontageDentonBaptistTempleΑ 2436914 TEMPLERoadReligiousAssembly SIZE: 8.32 acres 2002 ZONING: Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN REQUESTED ZONING: N/A STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Automotive Fuel Sales and General Retail, General Personal Service, Restaurant with Drive-Through, Motel, and Religious Assembly STATUS: Motel is not permitted in the MN, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. General Retail, General Personal Service, and Religious Assembly are permitted uses in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. Automotive Fuel Sales, General Retail more than 15,000 square feet, and Restaurant with Drive- Through are permitted in the MN with a Specific Use Permit, but are permitted in the HC by right. Changing the zoning to HC will change the status of the subject uses to conforming. BACKGROUND: EXISTINGUSEYEARBUILDINGBUILT AREA 24Studio6DentonΑUNTΑMotel1974 ValeroΑAutomotiveFuelSales 241980 andGeneralRetail WhataburgerΑRestaurant,with 241977 DriveThrough DentonBaptistTempleΑ 24Unknown ReligiousAssembly DentonBaptistTempleΑ 24Unknown ReligiousAssembly SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35E to the south. Two developed parcels (Whataburber and Studio 6 Denton - UNT) are accessed from Fort Worth Drive. The area is bordered by Lindsey Street to the north, Bernard Street to the west and Fort Worth Drive to the east. SURROUNDING ZONING AND LAND USES: Northwest: North:Northeast: Zoning:MixedUseZoning:MixedUseZoning:MixedUse Neighborhood(MN) Neighborhood(MN)Neighborhood(MN) Use:SingleFamilyDetachedUses:MajorAutomotiveUse:Restaurantand DwellingRepairShopandMultifamilyMultifamilyDwelling Dwelling West:East: Zoning:MixedUseZoning:MixedUse Neighborhood(MN)Neighborhood(MN) SUBJECTPROPERTY Use:SingleFamilyDetachedUse:BankorFinancial DwellingInstitutionandPrinting, Copying,andPublishing Establishment Southwest: South:Southeast: Zoning:HighwayCorridorZoning:HighwayCorridorZoning:HighwayCorridor (HC) (HC)(HC) Use:I35EUse:I35EUse:I35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 13 notices were sent to property owners within 200 feet of the subject property, 40 courtesy notices were sent to physical addresses within 500 feet of the subject property, and a notice was published in the Denton Record Chronicle. While preparing this analysis, staff did not receive any responses in opposition or in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1.The subject area is developed with a mix of uses. 2.Motel is not permitted in the MN, but is permitted in the HC. Changing the zoning to HC will change the nonconforming status of the subject use to conforming. 3.General Retail, General Personal Service, and Religious Assembly are permitted uses in both the MN and HC Zoning Districts. Although changing the zoning to HC will not change the status of the subject uses - it will make the zoning of the area consistent with the surrounding environment. 4.Automotive Fuel Sales, General Retail more than 15,000 square feet, and Restaurant with Drive-Through are permitted in the MN with a Specific Use Permit, but are permitted in the HC by right. Changing the zoning to HC will change the status of the subject uses to conforming. 5.The area has primary frontage along I-35E to the south. 6.The area is bordered by Lindsey Street to the north, Bernard Street to the west and Fort Worth Drive to the east. 7.The purpose of Highway Corridor is intended to provide high-intensity commercial uses along the city’s busiest and most visible thorough-fares. The HC district applies to areas along highly visible commercial corridors in the city where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. RECOMMENDATION: Staff recommends approval of the change in the zoning district and use classification from Downtown Commercial General (DC-G) to Highway Corridor (HC) zoning district and use classification. ZoningDistrictTransitionChart FutureLandUseDesignationsCurrentZoningDistrictsProposedZoningDistricts A,RD5,RC,(includingpreviouslyunzoned RuralAreas RR parcelsdesignatedforreferenceasRD5X) NR1 R1 ResidentialLowDensity(upto4dwelling NR2 R2 unitsperacre) NR3 R3 NR4 R4 ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 R6 DowntownCompatibilityAreaDR1,NRMU12,MF1 R7 MDΑwithinDTIP DowntownDentonDCN,DCG MNΑoutsideDTIP RegionalMixedUseRCCN,RCCD MR CommunityMixedUseVarious Various NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU MN ECC GO BusinessInnovation ECI,ICE LI Neighborhood/UniversityCompatibilityAreaVarious Various CommercialCMG,CME SCΑalongarterials HCΑalongI35 Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal PF properties) IndustrialCommerceICG HI VariousPD,MPC PD VariousPropertieszonedorrezonedwithconditions PD RESIDENTIAL ZONING DISTRICTS RR RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses anddevelopment patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD -PLANNED DEVELOPMENT T he PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. MarchApril 2019April 2018April 2018April 2018 2019 Residential Zoning Districts Dimensional Standards Additional Dimensional Standards Standards RR R1 R2 R3 R4 R6 R7 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft 50 feet 50 feet Lot width 100 feet 80 feet 80 feet 60 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height 3.7.5: Building Height 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet (maximum) Building coverage 3.7.6: Building Coverage 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent (maximum) Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. townhome, or duplex April 2019 MIXED-USE ZONING DISTRICTS MN MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive tothe surrounding built and natural context in scale and form. MD MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailoredto encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional accessandis sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Additional Standards Dimensional Standards MN MD MR 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None \[1\] None \[1\] None \[1\] Rear yard None \[1\] None \[1\] None \[1\] 361 OTHER STANDARDS 3.7.5: Building Building height (maximum) 65 feet \[1\] \[2\] 100 feet\[1\] \[3\] 100 feet \[1\] \[4\] Height 3.7.6: Building Building coverage (maximum) 80 percent 100 percent 90 percent Coverage Single-family detached dwelling, If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this townhome, or duplex Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards 3.7.2A Minimum Lot LOT DIMENSIONS (MINIMUM) Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet \[1\] 10 feet \[1\] Rear yard 10 feet \[1\] 15 feet \[1\] OTHER STANDARDS Building height (maximum) 55 feet \[1\] 100 feet \[1\] \[2\] 3.7.5: Building Height Building coverage 3.7.6: Building 80 percent 80 percent (maximum) Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LILIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive tothe adjacent built and natural context. HI HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including butnot limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Additional Standards GO LI HI PF Standards 3.7.2A Minimum LOT DIMENSIONS (MINIMUM) Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None 3.7.3: Setbacks SETBACKS (MINIMUM) Front yard None 10 feet 10 feet None Side yard None \[1\] 5 feet \[1\] 20 feet\[3\] 5 feet \[1\] Rear yard 10 feet \[1\] None \[1\] 20 feet\[3\] 10 feet\[1\] OTHER STANDARDS Building height 3.7.5: Building 100 feet \[1\] \[2\] 75 feet \[1\] 75 feet 100 feet \[1\] Height (maximum) Building coverage 3.7.6: Building 80 percent 85 percent 85 percent 90 percent Coverage (maximum) Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019 Area 24 Site Location 377 £ ¤ Area 24 OAKWOOD 0165330660 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 5/20/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 24 Future Land Use Map Neighborhood / University Compatibility Area Community Mixed Commercial Use 377 £ ¤ Area 24 OAKWOOD WILLOWWOOD Low Residential Industrial Commerce 0180360720 Feet SITEBusiness Innovation Future Land Use µ Commercial Low Residential Parcels Industrial Commerce Community Mixed Use Roads Parks / Open Space Neighborhood / University Compatibility Area Date: 5/21/2019 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. Area 24 Zoning Map (2002) DR-1 DC-N DR-2 NRMU 377 £ ¤ NR-3 DC-G Area 24 CM-G NR-4 CM-E IC-E IC-G 0145290580 Feet SITECM-EDC-NIC-ENR-4 µ CM-GDR-1IC-GNRMU Zoning Overlay DC-GDR-2NR-3 Parcels Roads Date: 5/21/2019 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. Area 24 2019 Zoning Map MN R7 Area 24 377 £ ¤ 35E § ¨¦ HC R4 070140280 RR - Residential RuralR7 - ResidentialGO - General OfficeArea Feet R1 - ResidentialMN - Mixed-Use NeighborhoodLI - Light Industrial Parcels µ R2 - ResidentialMD - Mixed-Use Downtown CoreHI - Heavy Industrial Roads R3 - ResidentialMR - Mixed-Use RegionalPF - Public Facilities R4 - ResidentialHC - Highway CommercialPD - Planned Development R6 - ResidentialSC - Suburban CorridorOVERLAY Date: 5/22/2019 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.