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2019-07-23 Agenda with Backup
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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1454,Version:1 AGENDA CAPTION th Receive a report, hold a discussion, and give staff direction regarding the 86 Session of the Texas State Legislature and impacts of new legislation to the City of Denton. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Public Affairs/IGR CM: Sara Hensley DATE: July 23, 2019 SUBJECT th Receive a report, hold a discussion, and provide staff direction regarding the 86 Session of the Texas State Legislature and impacts of new legislation to the City of Denton. BACKGROUND th The 86 Session of the Texas Legislature began on January 8, 2019 adjourned on May 27, 2019. During the Session, a total of 7,541 bills were introduced for consideration by the House and Senate with 1,437 bills passing both houses. Over 2,000 of the bills considered affected cities in some way, with 338 city-related bills ultimately passing. Prior to the Session, the City Council adopted a Legislative Program (attached) priorities with regard to different operational areas and the City as a whole. These priorities focused on the preservation of local authority, prevention of the passage of bills that would adversely affect operations or the Denton community, increased access to economic development tools, and the preservat protect the health, safety and welfare of the City and its residents, businesses, and visitors. In ISR 2019-118 (attached), the City summarized and gave initial feedback on several high-impact or high-profile bills passed by the Legislature: S.B. 386 relating to Tourism Public Improvement Districts S.B. 1066 relating to the composition of the DCTA Board H.B. 4683 relating to the creation of Hunter Ranch Improvement District No. 1 H.B. 4693 relating to the creation of Cole Ranch Improvement District No. 1 S.B. 2 relating to property tax code changes S.B. 1152 relating to right of way rental fees for telecommunications companies H.B. 852 relating to calculations for residential building permit fees H.B. 1631 relating to red-light camera programs S.B. 621 relating to the Texas Board of Plumbing Examiners H.B. 2439 relating to building materials S.B. 21 relating to the legal age for smoking H.B. 1545 relating to craft brewery to-go sales S.B. 1156 relating to public hearings for gas wells H.B. 3143 relating to Chapter 312 abatement authority DISCUSSION Department directors are currently reviewing making operational adjustments to conform to all 338 city-related bills. Most city-related bills adopted by the Legislature will result in minor administrative or operational impacts to the City of Denton. Other bills are likely to have a broader, more significant impact that results in the need for City staff to make major adjustments to processes, operations, or policies. This discussion and presentation will focus on the bills viewed has having the greatest impact to City operations. Agenda Information Sheet July 16, 2019 Page 2 The following bills will be discussed during this presentation. Additional information on each bill is provided in the TML City Related Bill Summaries document (attached). Finance, Purchasing, and Miscellaneous Administration Bills S.B. 2 relating to property tax code changes S.B. 1152 relating to right of way rental fees for telecommunications companies H.B. 440 relating to local debt requirements H.B. 477 relating to local debt requirements H.B. 3834 relating to mandated cybersecurity training Elections and Open Government Bills H.B. 2840 relating to public comments on agenda items S.B. 943 relating to expanded open records requirements for third party vendors S.B. 944 relating to the Public Information Act and temporary custodians S.B. 1640 relating to criteria for walking quorums of a governing body Development Bills H.B. 852 relating to building permit fees H.B. 2496 relating to historic building designations H.B. 2497 relating to Board of Adjustment procedures H.B. 2439 relating to local ordinances regarding building materials H.B. 3167 relating to timeframes for the approval of development plans As staff reviews legislation, it will communicate any additional impacts of recent bills to the Council through Friday Report updates. PRIOR ACTION/REVIEW On November 27, 2018, the City Council adopted the 2019 State Legislative Program for the City of Denton. On February 26, 2019, the Council adopted resolutions in support of H.B. 749 and H.B. 338, both relating to the legal smoking age. On March 19, 2019, the Council heard a staff report regarding S.B. 1156, which would require public hearings on certain gas well permit applications. A resolution in support of S.B. 1156 was passed on March 26, 2019. On April 9, 2019, the Council Passed a resolution in support of legislation allowing to-go retail sales at Texas breweries. On April 16, 2019, the Council passed a resolution in opposition to Senate Bill 1152, which would eliminate fees certain right of way fees for telecommunications companies. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Presentation Exhibit 3 2019 State Legislative Program Exhibit 4 ISR 2019-118 Exhibit 5 TML City-Related Bill Summaries Respectfully submitted: Sarah Kuechler Director of Public Affairs/IGR CITY OF 2019 State Legislative Program for the th 86 State Legislative Session Chris WattsJohn Ryan MayorMayor Pro Tem | District 4 Chris.Watts@cityofdenton.comJohn.Ryan@cityofdenton.com Gerard HudspethKeely G. Briggs District 1District 2District 3 Gerard.Hudspeth@cityofdenton.comKeely.Briggs@cityofdenton.com Deb ArmintorPaul Meltzer At Large Place 5At Large Plage 6 Deb.Armintor@cityofdenton.comPaul.Meltzer@cityofdenton.com 2 3 General Legislative Policy Statement of Purpose The fundamental goal of the Citys legislative activities is to produce positive outcomes for the citizens of Denton as a whole. Numerous proposals in the Texas Legislature have the potential to seriously impact the ability of the City to carry out its overall mission. By taking a proactive role in monitoring and commenting on proposals in the Texas Legislature, we are working to ensure that the citizens of Denton can continue to enjoy the quality of life they have come to expect and deserve. Statement of Preservation As a general policy, the City will oppose any legislation viewed as detrimental to the Citys strategic goals; that limits home rule authority; is contrary to the health, safety, and welfare of its citizens; mandates increased costs or loss of revenues; or diminishes the fundamental authority of the City. The City will oppose any initiatives that seek to erode municipal authority or that otherwise have a negative impact on municipal operations, including but not limited to legislation that would: Erode home rule authority; De through unfunded mandates or other means; Erode the authority of Texas cities to manage and control their rights-of-way or other public property, and to be reasonably compensated for such use; Erode current municipal economic development authority; Erode the current authority of Texas cities to enact a system and set the level of impact fees for new development; and Further restrict cities ability to adopt or amend zoning regulations or annex property in their extraterritorial jurisdiction. Statement of Support The City supports any legislation that would advance the Citys strategic goals and interests; improve the health, safety, and welfare of its citizens; and responsibly increase revenues. Form Coalitions The City will form strategic partnerships with other cities, political subdivisions, private sector and non-profit entities, and other appropriate stakeholders that share common goals with the City of Denton. Additionally, the City will work in coordination with organizations such as the Texas Municipal League, when their adopted positions are in line with the legislative objectives and goals of the City. stronger presence in the legislative process. 4 General Government We will work to protect Denton residents right to govern themselves and work with their local To accomplish this goal, we will: Support legislation that supports or advances the principle of local control to allow for locally elected beneficial to the Citys interest. Oppose state preemption of municipal authority in regulation of payday lenders, unless the proposed legislation provides adequate protections from aggressive, predatory, deceptive, and harmful lending practices. Support legislation that improves government transparency, so long as such legislation does not create legal confusion, duplicate existing disclosure requirements, or cause an undue burden as an unfunded mandate to the City. Oppose legislation that would increase state regulation of local ballot language. Support legislation that heightens environmental standards, improves air and water quality, and protects the health, safety, and welfare of Texans, so long as it does not create an undue burden on the City. Support continued funding of the Texas State Library and Archives Commission. Revenue and Taxation We will work to protect the ability of the Citys elected governing body to set its own budget, raise the needs of the Denton community. To accomplish this goal, we will: Oppose legislation that would impose a revenue cap or tax cap, lower the rollback rate, or otherwise restrict the Citys ability to fund the necessary programs and services, including legislation that would erode the ability of a city to issue debt or place limits on the Citys overall expenditures. Support legislation that would improve the appraisal process to ensure equal and uniform application of property taxes. Support legislation that expands the collection of city sales taxes or the sales tax base, so long as the city tax base receives the full benefit from the expansion. Economic Development We will continue to support access to economic development tools that expand our tax base, bring jobs to our community, and support businesses and industries that have chosen to locate in Denton. To accomplish this goal, we will: Support legislation that would extend the sunset date of Chapter 312 of the Texas Tax Code to allow for the continued use of property tax abatements. Introduce and seek passage of legislation that enables the creation of a Tourism Public Improvement District (TPID). Support legislation that would continue or expand funding of the Skills Development Fund of the TTTexas Workforce Commission to promote workforce training. 5 Land Use and Resources We will work to protect the Citys ability to regulate growth and land development, promote good land use, and manage development within the city limits and our extraterritorial jurisdiction. To accomplish this goal, we will: Support legislation that preserves property value for Denton taxpayers by protecting the Citys authority to promote good land use through: land use and zoning regulations (including billboard regulations, tree, and landscape regulations), building and property maintenance codes (including in ETJ), planning requirements, impact fees, building permit fees, annexation, or eminent domain. Oppose legislation that would restrict the ability of cities to impose and collect municipal impact fees from new developments at time of platting. Oppose legislation that would reduce a municipalitys authority and discretion to approve the creation of a special district within a citys incorporated area or ETJ, including but not limited to the expansion of a districts boundaries or powers. Oppose legislation that would restrict cities ability to adopt or amend zoning regulations or the applicability of those regulations to existing projects, including but not limited to the creation of any property rights or vesting in a zoning and use classification or any restrictions regarding downzoning. S residents or legislation that would enhance local regulations related to oil and gas operations. Oppose legislation that would erode local control or existing authority and regulations of gas well operations as articulated in HB 40 (84th Legislature). Support legislation that would allow cities to enact ordinances regulating zoning and development free from exception/exemption, including but not limited to imposing limitations on the availability of the Freeze Law under Chapter 245 of the Texas Local Government Code. Oppose legislation that would restrict a municipal governments ability to regulate short-term lodging rentals from online listing platforms. Public Safety and Municipal Court municipal court operations. To accomplish this goal, we will: Oppose legislation that would impose additional state fees or costs on municipal court convictions or require municipal courts to collect fine revenue for the state; and support legislation that would provide a more equitable distribution of court fines, resulting in a higher percentage of fines being kept local, where the laws are enforced, the court is held, and the fines are collected. Support legislation that would require 100 percent reimbursement of costs incurred by cities for services provided during emergency evacuation and shelter operations resulting from an emergency evacuation ordered by the governor or the governors Division of Emergency Management. Support legislation that would clarify regulations related to open carry in municipally owned facilities that are contractually operated by nonprofit or private entities or clarify where open carry is prohibited Oppose legislation that would restrict a citys authority to determine the appropriate use of technology in public safety, such as the use license plate readers by law enforcement agencies. Oppose legislation that would prohibit use of Association Business Leave by authorized public safety Association members, as provided in existing meet and confer agreements. 6 Utilities We will work to protect our ability to manage our utilities, rights-of-way, and publicly owned land and maintain our authority to make decisions about how our utilities are governed, funded, and operated. To accomplish this goal, we will: Oppose legislation that would deregulate municipally owned utilities (MOUs) or amend their governance authority or structure. Support legislation that preserves the ability of MOUs to maintain a diversified energy portfolio. Oppose legislation that would extend electric subsidies provided by MOUs to four-year state universities, upper level institutions, Texas state technical colleges, or other special groups. Oppose legislation that would restrict MOUs from building transmission infrastructure outside their service area. Oppose legislation that would diminish a MOUs ability to maintain the reliability of the electric utility system and protect the safety of employees by allowing wireless communication facilities and antennas to be mounted on utility poles in a manner that disregards best engineering practices, safety codes, or the judgement of electric utilities. Oppose legislation that provides any further exemptions to the drainage fee. Oppose legislation that would impose state tap fees or any other type of state charge on municipal water systems. Support legislation that would raise the exemption amounts for public works projects in the Texas Engineering Practices Act. Oppose any legislation that would limit or prohibit a citys ability to make and sell compost or mulch products inside and outside of the city limits. Oppose legislation that would further erode the Citys authority to be adequately compensated for any use of its rights-of-way or that would further erode the Citys authority over the management and control of its rights-of-way. Oppose any legislation that would erode the Citys authority to require utility companies to pay the costs of relocating their facilities in a timely manner as required by current law. Community Development and Human Services We will work to encourage expansion of the support and human services to the Denton community, issues, and education. To accomplish this goal, we will: Support legislation amending Section 11.1825 of the Tax Code by adding that community housing de municipality prior to receiving a tax-exempt status from the local property appraisal district. Support legislation that would provide additional state funding for local and regional initiatives related to reducing the number of homeless persons and those at risk of homelessness in our community. Support legislation that would provide state funding to assist MHMR and local nonprofits in providing adequate and coordinated mental health services throughout Denton County. Support legislation that would provide funding for Early Childhood Programs, including full-day service pre-kindergarten programs. Support legislation to increase transparency and clarify regulations related to the formation of public facility corporations. 7 Transportation state, region, and within the City of Denton, including advocating for increased funding and pursuing collaborative and innovative solutions. To accomplish this goal, we will: Seek introduction and passage of legislation to change the composition, powers, and responsibilities of the Board of Directors for the Denton County Transportation Authority. Support legislation that allows regional infrastructure planning organizations to use alternative funding mechanisms (public-private partnerships, tolled lanes, etc.) and to accelerate project delivery. Support legislation to identify additional transportation revenue to enhance statewide and regional transportation infrastructure, or that would provide metropolitan areas with flexible solutions to solve problems and ensure that areas contributing to transportation solutions will not be penalized with a loss of traditional transportation funding. Support legislation and funding for the 35Express, 35W, 35N to Red River, and Loop 288 projects. Support legislation that would index the motor fuels tax to reduce the decline in purchase power of transportation funding. Support legislation that would provide state funding to support active transportation projects for bicycles and pedestrians. Support legislation that would fund a new or improved driver license facility in Denton County and enhance customer service provided by the Department of Public Safety for driver license services. Partnerships We will continue to support of local, regional, and state partners in meaningful ways that benefit the Denton community. To accomplish this goal, we will: Support legislation that directly benefits UNT, TWU, and Denton ISD, if such proposals do not adversely Oppose legislation that would further reduce funding to Denton ISD, if such proposals do not adversely 8 Produced by the City of Denton ADA/EOE/ADEA TDD: (800) 735-2989 www.cityofdenton.com Date: May 31, 2019 Report No. 2019-118 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: th Provide an update on the 86 Texas Legislative Session. DISCUSSION: th The 86 Texas Legislative Session concluded on May 27, 2019. The following are updates for some key bills of interest. Staff will continue to provide updates on legislation that impacts the City and monitor analysis from professional associations such as the Texas Municipal League (TML). Senate Bill 386 (Tourism Public Improvement District) This bill authorizes the creation of a tourism public improvement district under certain parameters. The changes would enable the possible creation of a TPID in the City of Denton. This legislation was led by the Denton Convention & Visitors Bureau and City Council agreed to support. It was sent to the Governor on May 21, 2019. Senate Bill 1066 (Denton County Transportation Authority) This bill defines the DCTA Board composition as including one appointment from each founding municipality, two appointments from the Denton County Commissioners Court, and one member for each additional municipality that contributes certain public dollars toward DCTA. The bill became effective on May 20, 2019 when the Governor signed it. House Bill 4683 (Hunter Ranch) This bill authorizes the creation of the Hunter Ranch Improvement District No. 1 of Denton County under certain parameters, including city consent and execution of an operating agreement and project agreement with the city. The bill was sent to the Governor on May 26, 2019 for his signature. House Bill 4693 (Cole Ranch) This bill authorizes the creation of the Cole Ranch Improvement District No. 1 of Denton County under certain parameters, including city consent and execution of an operating agreement and project agreement with the city. The bill was sent to the Governor on May 29, 2019 for his signature. Senate Bill 2 (Property Tax Bill) This bill makes numerous changes to the process for - uniform election date for a tax rate that exceeds the voter-approval tax rate. There are numerous other changes and procedural items related to if a mandatory election is held to seek approval of a tax rate that exceeds the voter-approval tax rate. This bill was sent to the Governor on May 28. Senate Bill 1152 (Right-of-Way Rental Fees) This bill amends the Local Government Code to eliminate certain right-of-way rental fees for telecommunications companies by allowing a Date: May 31, 2019 Report No. 2019-118 company to elect to pay either telephone franchise fees under the access line compensation system or cable franchise fees under the state-issued cable franchise system, but not both as they currently must. The bill allows the companies to choose to no longer pay the lesser of the two fees, although they benefit financially from both by using public land for a private purpose. On April 16, 2019, the City Council passed a resolution in opposition of this bill as it would force City of Denton taxpayers to subsidize the operational costs of private businesses and allow the use of publicly-owned property for less than fair market value. This bill was sent to the Governor for signature on May 25. The bill will take effect on September 30, 2019 and will apply only to franchise fee payments made after January 1, 2020. City Staff expects the resulting estimated revenue loss to be over $670,000 per year. House Bill 852 (Building Permit Fee Calculation) This bill prohibits cities from calculating their residential building permit fees on the cost of a proposed residential structure or improvement. The bill was signed by the Governor on May 21, and it is effective immediately. City staff and Legal are working to understand the implications of the bill to the City and develop options for a revised fee schedule. House Bill 1631 (Red Light Camera) This bill amends the Transportation Code to prohibit local authorities, including municipalities, from operating a photographic traffic signal enforcement system, or red-light cameras. This bill gained final passage from the Legislature on May 17, was enrolled, and sent the Office of the Governor for signature. There will be a City Council work session on June 3 contract. Senate Bill 621 (Plumbers Licensing) The state agency of the Texas Board of Plumbing abolished the TBPE and transferred its functions to the Texas Department of Licensing and Regulation (TDLR), including state licensing and regulation of plumbers and plumbing work, however, the final version of the bill failed to pass. Staff will monitor if the State plans to address the issue in any way or alternative options that could be considered. It is also our understanding that the Texas Municipal League is looking at the impact on cities if the Texas Board of Plumbing Examiners is no longer in existence on September 1, 2019. House Bill 2439 (Building Materials) This bill would will pre-empt cities from enforcing any kind of building materials requirements and processes more restrictive than what the building codes require. In short, cities would no longer have the ability to regulate aesthetics and quality development, especially in commercial or mixed-use areas. The bill has been sent to the Governor for signature on May 29; however, there is still considerable opposition and a push for the Governor to veto the bill. Senate Bill 21 (Tobacco 21) This bill amends the Health and Safety Code to prohibit sales to or the possession, purchase, consumption, and receipt of cigarettes, e-cigarettes, and tobacco products to anyone under the age of 21 years. A notable exception is that military personnel presenting valid military identification may legally purchase and consume cigarettes, e- cigarettes, and tobacco products. Additionally, persons between the ages of 18 and 21 at the Date: May 31, 2019 Report No. 2019-118 time that the bill takes effect are also exempt. On February 26, 2019, the City Council passed a resolution in support of similar legislation as there is evidence that reducing the availability of tobacco and e-cigarette products for persons between 18 and 21 years of age results in a reduction of smoking and smoking-related public health impacts. This bill was sent to the Governor for signature on May 25. The bill will take effect on September 1, 2019. House Bill 1545 (Craft Brewery To-Go Sales) This bill will provide for the continuation and functions of the Texas Alcoholic Beverage Commission (TABC) until its next scheduled review by the Sunset Advisory Commission. Included in the expansive legislation is a provision that allows for the sale of 288 ounces of ale or beer for off-premises consumption by breweries with a brewers permit or manufacturing license. On April 9, 2019, the City Council passed a r- would increase the economic impact of breweries, particularly in Denton, and promote greater -for breweries, distilleries, and wineries. The bill was sent to the Governor for signature on May 29. Senate Bill 1156 (RRC Public Hearings for Gas Wells) City Council expressed interest and support for this bill which would have required the Texas Railroad Commission to hold public hearings on certain gas well permit applications where a proposed well site is located within 1,500 feet of the property line of a child-care facility, private school, or primary or secondary public school. This bill and its companion, HB 2920, did not pass out of committee during the session. House Bill 3143 (Ch. 312 Extension) This bill extends the sunset date for Chapter 312 of the Texas Tax Code to allow for the continued use of property tax abatements. Denton utilizes Chapter 312 tax abatements as an economic development tool and, as a result, City Council included the extension of the provisions of Chapter 312 as a priority in their 2019 Legislative Agenda. The bill was sent to the Governor for signature on May 29. Bills that are sent to the Governor for signature will, unless specified otherwise in the bill, become effective when signed by the Governor or 20 days after the conclusion of the legislative session if not signed by the Governor. STAFF CONTACT: Sarah Kuechler, Director of Public Affairs (940) 349-8356 sarah.kuechler@cityofdenton.com Ryan Adams, Deputy Director of Public Affairs (940) 349-8565 ryan.adams@cityofdenton.com Subject Index for City-Related Bill Summaries June 7, 2019 Property Tax ..................................................... 3 Sales Tax ......................................................... 16 Number 23 Purchasing ....................................................... 19 Elections ......................................................... 22 Open Government ........................................... 24 Other Finance and Administration .................. 33 Municipal Courts ............................................ 63 Community and Economic Development ....... 73 Personnel ......................................................... 82 Public Safety ................................................... 90 Transportation ............................................... 106 Utilities and Environment ............................. 113 Eighty-Sixth Legislature Adjourns: Cities Roll with the Punches The 2019 Legislative session concluded May 27, which was none too soon from a local government perspective. Apart from a number of good bills summarized elsewhere in this edition, the best news from the session is that the misguided effort to silence cities, counties, and the organizations that represent them (including TML) was soundly defeated on the House floor. organizations that do so on their behalf. It died with a bipartisan 58-85 vote. TML President John Love sends his thanks for your efforts in the days leading up to the vote. Your phone calls to House members in the waning days of the session led to the city victory. 1 A number of other detrimental bills deservedly died. Among them were: the so-- anything to do with business. a tree protection preemption bill. short term rental preemption bills. a bill expanding firefighter civil service. employee working conditions preemption legislation. a costly disease notice by animal shelters bill. confusing financial information on bond ballots bills. state or district judge approval of city ballot proposition language bills. entitlement to six chickens in every residential backyard bills. a bill granting the attorney general authority to settle city environmental lawsuits without city approval. a bill mandating eminent domain offers at 145 percent of market value. bills limiting the issuance of certificates of obligation. a bill requiring complicated email notification of city fees. Rest assured, however, that many will return in future sessions. It was not all good news. The harmful revenue cap bill, S.B. 2, passed. The bill lowers the city -approval rate) to 3.5 percent, with an automatic election required to exceed that percentage. The bill includes some concessions, such as allowing for three- levy increase threshold for most cities under 30,000 population. A much more detailed summary of the bill is included elsewhere in this edition. size city, which is typically opposed by the League, is a disturbing trend that warrants further study prior to next session. One way to put S.B. 2 into perspective is to consider that the state budget passed this session will grow state general revenues, supported by state taxes, by at least 9.5 percent more than the budget passed two years ago (and perhaps higher, depending on how the numbers are calculated). No vote of the people was held to sanction that growth, yet cities must take increases over 3.5 percent to their voters. The only possible explanation for that cognitive dissonance is that the state legislature thinks their decisions are superior to those of local officials. Other harmful bills include S.B. 1152, which allows cable and phone companies to stop paying the lesser of their state cable franchise or telephone access line fees, and H.B. 347, which eliminates unilateral annexation by any city. Each is summarized elsewhere in this edition, as well as hundreds of other bills, both bad and good. The best way to encapsulate this session from a city perspective is the possible fallout over S.B. 621, a bill that failed to pass. The bill was the Texas Board of Plumbing Examiners (TBPE) It was the culmination of the review which periodically 2 evaluates whether or not a state agency is running efficiently and/or should be continued in existence. Because it failed to pass, plumbers may soon be totally unregulated at the state level. Instead, state leaders quickly pointed out that cities will be able to step in and take on the regulatory function (cities are already fast at work figuring out how best to do so). This reliance to limit city revenue and expenditures. Texas cities will survive, even thrive. ss, literally, on issues on which they failed to act. City officials will figure out how to do so on less available revenue, and certainly less than the state claims for itself in its growing budget. get from state legislators is thanks, ju we should. Except when they need us to. City-Related Bills The following sections contain summaries of the 338 city-related bills passed by the Eighty- Sixth Legislature. The governor has until June 16 to sign bills, veto them, or let them become law without his signature. The effective date of each bill is noted in a parenthetical following each bill described below. Some of the bills will become effective as soon as they are signed others (unless vetoed) will become effective on September 1, and a few have special effective dates. Future issues of the TML Legislative Update or Texas Town & City magazine will provide additional details updates as appropriate. The link for each bill leads to its landing page on the Texas Legislature Online website. To Property Tax H.B. 380 (Geren/Hancock) Property Tax Appeals: this bill: (1) authorizes a property owner to appeal an order of the appraisal review board determining that the appraisal review board lacks jurisdiction to finally determine a protest by the property owner because the property owner failed to comply with a statutory requirement; (2) provides that a property owner who establishes that the appraisal review board had jurisdiction to issue a final determination of the protest is entitled to a final determination by the court of the protest on any ground, regardless of (3) provides that for certain appeals, if a plea to the jurisdiction is filed in the appeal on the basis that t may, in lieu of dismissing the appeal for lack of jurisdiction, remand the action to the appraisal review board with instructions to allow the property owner an opportunity to cure the property (Effective September 1, 2019.) 3 H.B. 492 (Shine/Taylor) Property Tax Exemption: this bill, among other things: 1. below, to mean property that: (a) consists of: (i) tangible personal property used for the production of income; (ii) an improvement to real property; or (iii) a manufactured home that is used as a dwelling, regardless of whether the owner of the manufactured home elects to treat the manufactured home as real property; (b) is located in an area declared by the governor to be a disaster area following a disaster; (c) is at least 15 percent damaged by the disaster, as determined by the chief appraiser; and (d) for tangible personal property used for the production of income, is the subject of a rendition statement or property report filed by the property owner that demonstrates that the property had taxable situs in the disaster area for the tax year in which the disaster occurred; 2. provides that a person is entitled to an automatic exemption from taxation by a taxing unit of a portion of the appraised value of qualified property that the person owns in an amount determined by Section 7, below; 3. provides that, notwithstanding Section 2, above, if the governor first declares territory in a taxing unit to be a disaster area as a result of a disaster on or after the date a taxing unit adopts the tax rate for the tax year in which the declaration is issued, a person is not entitled to the exemption for that tax year unless the governing body of the taxing unit adopts the exemption in the manner provided by law for official action by the body; 4. requires an exemption adopted under Section 3, above, to: (a) specify the disaster to th which the exemption pertains; and (b) be adopted not later than the 60 day after the date the governor first declares territory in the taxing unit to be a disaster area as a result of the disaster; 5. requires the governing body of a taxing unit that adopts an exemption under Section 3, above, to provide notice of the adoption of the exemption to the chief appraiser of each appraisal district in which the taxing unit participates, the assessor for the taxing unit, and the comptroller not later than the seventh day after the date the governing body adopts the exemption; 6. upon receiving an application for the exemption, requires the chief appraiser to determine whether any item of qualified property that is the subject of the application is at least 15 percent damaged by the disaster and assign to each such item of qualified property a damage assessment rating of Level I, Level II, Level III, or Level IV, as appropriate; 7. provides that the amount of the property tax exemption is determined by multiplying the appraised value, determined for the tax year in which the disaster occurred, by: (a) 15 percent if the property is assigned a Level I damage assessment rating; (b) 30 percent if the property is assigned a Level II damage assessment rating; (c) 60 percent if the property is assigned a Level III damage assessment rating; or (d) 100 percent if the property is assigned a Level IV damage assessment rating; 8. provides that, if a person qualifies for the exemption after the beginning of the tax year, the amount of the exemption is calculated by multiplying the amount determined under Section 7, above, by a fraction, the denominator of which is 365 and the numerator of which is the number of days remaining in the tax year after the day on which the 4 governor first declares the area disaster area; 9. provides that, if a person qualifies for the exemption after the amount of the tax due on the qualified property is calculated and the effect of the qualification is to reduce the amount of the tax due on the property, the assessor for each taxing unit that has adopted the exemption shall recalculate the amount of the tax due on the property and correct the tax roll; 10. provides that, if the tax bill has been mailed and the tax on the property has not been paid, the assessor shall mail a corrected tax bill to the person in whose name the property is 11. provides that if the tax on the property has been paid, the tax collector for the taxing unit shall refund to the person who paid the tax the amount by which the payment exceeded the tax due; 12. provides that no interest is due on an amount refunded under Section 11, above; 13. provides that the property tax exemption for property damaged in a disaster expires as to an item of qualified property on January 1 of the first tax year in which the property is reappraised; and 14. repeals the existing state statute authorizing reappraisal of property damaged in a disaster area. (Effective January 1, 2020, but only if H.J.R. 34 is approved at the election on November 5, 2019.) (See H.J.R. 34, below.) H.B. 639 (Springer/Nichols) Property Tax Appraisal: provides that, in order to qualify as open-space land for property tax purposes, land used principally as an ecological laboratory by a college or university must have been used principally in that manner for five of the preceding seven years.(Effective January 1, 2021.) H.B. 1060 (C. Bell/Kolkhorst) Appraisal Review Board: requires the appraisal review board to deliver notice of a protest hearing by email if, in the notice of protest, the property owner requests delivery by email and provides a valid email address. (Effective September 1, 2019.) H.B. 1313 (P. King/Birdwell) Property Tax Appraisal: this bill, among other things, provides that the chief appraiser may not increase the appraised value of a property that had the value lowered through challenge in the next tax year in which the property is appraised, unless the increase by the chief appraiser is reasonably supported by clear and convincing evidence. (Effective January 1, 2020.) H.B. 1409 (Ashby/Nichols) Property Tax Appraisal: authorizes land qualified as timber land to continue to qualify as timber land even if a portion is being used for oil and gas production. (Effective September 1, 2019.) H.B. 1652 (Huberty/Bettencourt) Property Tax Sale: provides that, if directed by the commissioners court of the county, a public resale of property by a taxing unit must be conducted using online bidding and sale. (Effective immediately.) 5 H.B. 1815 (Sanford/Fallon) Property Tax Allocation: requires a person claiming a property tax allocation to file a completed allocation application form before May 1 and provide the information required by the form. (Effective January 1, 2020.) H.B. 1883 (G. Bonnen/Creighton) Property Tax Deferral: provides that: (1) an eligible person serving on active duty in any branch of the United States armed forces, regardless of whether the person is serving during a war or national emergency declared in accordance with federal law, may pay delinquent property taxes on property in which the person owns any interest without penalty or interest no later than the 60th day after the date on which the earliest of the following occurs: (a) the person is discharged from active military service; (b) the person returns to the state for more than 10 days; or (c) the person returns to non-active duty status in the reserves; and (2) a delinquent tax for which a person defers payment under (1) that is not paid on or before the date the deferral period prescribed by (1) expires: (a) accrues interest at a rate of six percent for each year or portion of a year the tax remains unpaid; but (b) does not incur a penalty. (Effective September 1, 2019.) H.B. 1885 (G. Bonnen/Zaffirini) Delinquent Property Taxes: authorizes the governing body of a taxing unit to waive penalties and interest on a delinquent tax if: (1) the property for which the tax is owed is subject to a mortgage that does not require the owner of the property to fund an escrow account for the payment of the taxes on the property; (2) the tax bill was mailed or delivered by electronic means to the mortgagee of the property, but the mortgagee failed to mail a copy of the bill to the owner of the property; and (3) the taxpayer paid the tax not later than the 21st day after the date the taxpayer knew or should have known of the delinquency. (Effective January 1, 2020.) H.B. 2159 (Meyer/Paxton) Property Tax Appraisal: provides that, at any time prior to the date property taxes become delinquent, a property owner or the chief appraiser may file a motion with the appraisal review board to change the appraisal roll to correct an error, if the error resulted in an appraised value that exceeds: (1) one-fourth the correct appraised value for -third the correct appraised value for property that does not qualify as the own immediately.) H.B. 2179 (Wray/Hughes) Appraisal Review Boards: this bill: (1) eliminates the requirement that clear and convincing evidence of repeated bias or misconduct is necessary to remove a member of the appraisal review board; and (2) for an appraisal district located in a county with a population of 120,000 or more, provides that a communication between a property tax consultant or a property owner or an agent of the property owner and the local administrative district judge regarding removal of an appraisal review board member is not an offense. (Effective immediately.) H.B. 2650 (Goodwin/Bettencourt) Property Tax Sale and fees in the cost of a sale by auction of real property pursuant to foreclosure of a tax lien. (Effective immediately.) 6 H.B. 2859 (Capriglione/Fallon) Property Tax Exemption: this bill: (1) exempts precious metals from property taxation if they are held in a Texas depository, regardless of whether the precious metals are held or used by the person for the production of income; and (2) prohibits the governing body of a city from providing for the taxation of precious metal exempted from taxation under (1), above. (Effective January 1, 2020, but only if H.J.R. 95 is approved at the election on November 5, 2019.) H.B. 3143 (Murphy/West) Property Tax Abatement: this bill: (1) extends the expiration date of the Property Redevelopment and Tax Abatement Act from September 1, 2019, to September 1, 2029; (2) requires the governing body of a taxing unit, before it adopts, amends, repeals, or reauthorizes property tax abatement guidelines and criteria, to hold a public hearing regarding the proposed adoption, amendment, repeal, or reauthorization at which members of the public are given the opportunity to be heard; (3) requires a taxing unit that maintains an Internet website to post the current version of the guidelines and criteria governing tax abatement agreements on the website; (4) provides that, for the first three years following the expiration of a tax abatement agreement, the chief appraiser shall deliver to the comptroller a report containing the appraised value of the property that was the subject of the agreement; (5) provides that the public notice of a meeting at which the governing body of a taxing unit will consider the approval of a tax abatement agreement with a property owner must contain: (a) the name of the property owner and the name of the applicant for the tax abatement agreement; (b) the name and location of the reinvestment zone in which the property subject to the agreement is located; (c) a general description of the nature of the improvements or repairs included in the agreement; and (d) the estimated cost of the improvements or repairs; and (6) requires the notice required under (5), above, to be given in the manner required by the Open Meetings Act, except that the notice must be provided at least 30 days before the scheduled time of the meeting. (Effective September 1, 2019.) H.B. 3348 (Guillen/Hinojosa) Property Tax Exemption: provides that land remains eligible for appraisal for property tax purposes as agricultural or open-space land if the Texas Animal Health Commission has established a temporary quarantine for ticks that applies to the land. (Effective immediately.) H.J.R. 34 (Shine/Bettencourt) Property Tax Exemption: amends the Texas Constitution to authorize the legislature to: (1) provide that a person who owns property located in an area declared by the governor to be a disaster area is entitled to a temporary property tax exemption by a political subdivision of a portion of the appraised value of that property; and (2) provide that, if the governor first declares territory in the political subdivision to be a disaster area as a result of a disaster on or after the date the political subdivision adopts a tax rate for the tax year in which the declaration is issued, a person is entitled to the exemption for that tax year only if the exemption is adopted by the governing body of the political subdivision. (Effective if approved at the election on November 5, 2019.) (See H.B. 492, above.) H.J.R. 95 (Capriglione/Fallon) Property Tax Exemption: amends the Texas Constitution to authorize the legislature to exempt from property taxation precious metals held in a Texas depository. (Effective if approved at the election on November 5, 2019.) 7 S.B. 2 (Bettencourt/Burrows) Property Tax Reform adopting property tax rates (Note: The provisions of this bill relating to setting process take effect January 1, 2020. In other words, the 2019 budget and tax rate process follows current law). Of primary importance to cities, the bill: 1. - 2. adjusts the voter-approval tax rate in the following ways: a. defines (i) a taxing unit, other than a school district, for which the maintenance and operations tax rate proposed for the current tax year is 2.5 cents or less per $100 of taxable value; (ii) a junior college district; or (iii) a hospital district; b. maintains an eight percent voter-approval rate for all special taxing units; c. for a taxing unit other than a special taxing unit, provide for a voter-approval rate of 3.5 percent; d. for a taxing unit other than a special taxing unit, authorizes the taxing unit to carry forward any unused increment between the adopted maintenance and operations tax rate and the voter-approval tax rate for up to three years; and e. authorize a taxing unit other than a special taxing unit to temporarily use a voter- approval rate of eight percent if any part of the taxing unit is located in an area declared a disaster area by the governor or president of the United States; 3. authorizes a n -new-revenue maintenance 4. provides that, in a city with a population of less than 30,000, if the de minimis rate oter-approval tax rate and the adopted tax rate is equal to or lower voter-approval tax rate; 5. requires a mandatory election on the November uniform election date for all special taxing units and cities with populations of 30,000 or more that adopt a tax rate that exceeds the voter-approval rate, whether that rate is 3.5 percent or eight percent (with exceptions for increased expenditures of money by a taxing unit necessary to respond to a disaster); 6. requires a mandatory election on the November uniform election date for all taxing units other than a special taxing unit or a city with a population of less than 30,000 that adopts -approval tax rate or de minimis rate (Note: the key feature of the de minimus tax rate is that cities under 30,000 population are guaranteed a $500,000 levy increase without triggering a rollback election); 7. prohibits the governing body of a taxing unit from adopting a budget or taking any other action in the fiscal year beginning in 2020 that has the effect of decreasing the total compensation to which a first responder employed by the taxing unit was entitled in the preceding fiscal year of the taxing unit; and 8 8. makes numerous calendar changes to the property tax appraisal, collection, and rate- setting process in order to have property tax ratification elections on the November uniform election date. Additionally and more specifically the bill, among other things: 1. - new--new- respectively; 2. requires the comptroller to appoint a property tax administration advisory board to make recommendations to the comptroller regarding state administration of property taxation and state oversight of appraisal districts; 3. requires the comptroller to prescribe tax rate calculation forms to be used by the designated officer or employee of each taxing unit to calculate and submit the no-new- revenue tax rate and voter-approval tax rate for the taxing unit; 4. requires the forms described in Section 3, above, to be in an electronic format and: a. have blanks that can be filled in electronically; b. be capable of being certified by the designated officer or employee after completion as accurately calculating the applicable tax rates and using values that certified estimate of taxable value; and c. be capable of being electronically incorporated into the property tax database maintained by each appraisal district and submitted electronically to the county assessor-collector of each county in which the taxing unit is located; 5. authorizes the comptroller to revise the forms to reflect substantive changes, if approved by the majority of the members of a committee appointed by the comptroller that equally represents taxpayers, taxing units, and assessors; 6. requires the comptroller to prepare an annual list that includes the total tax rate imposed by each taxing unit in the state for the year in which the list is prepared that shall be sorted alphabetically according to: a. the county or counties in which each taxing unit is located; and b. the name of each taxing unit; 7. equired in Section 6, above, not later than January 1 of the following year; 8. prohibits an individual from being employed by an appraisal district if the individual is an officer or employee of a taxing unit that participates in the district; 9. provides that a taxing unit may not reduce the amount of or repeal a property tax exemption for historic sites, unless the taxing unit has delivered to the property owner written notice of its intent to reduce the amount of or repeal the exemption at least five years before doing so; 10. creates a tax rate adjustment for eligible county hospital expenditures, which includes the amount paid by a city to maintain and operate an eligible county hospital; 11. makes numerous calendar changes to the property tax appraisal, collection, and rate- setting process in order to have property tax ratification elections on the November uniform election date, including among others: 9 th a. providing that, if by July 20 the appraisal review board for an appraisal district has not approved the appraisal records for the district, the chief appraiser shall prepare and certify to the assessor for each taxing unit participating in the district an estimate of the taxable value of property in that taxing unit; th b. by August 7 or as soon thereafter as practicable, requiring the designated officer or employee of a taxing unit to submit the rates to the governing body and post the rates and other tax and debt information in a prominent location on the home c. requiring taxing units adopting a tax rate exceeding the voter-approval tax rate to st do so not later than the 71 day before the next uniform election date that occurs th in November of that year (instead of September 30 under current law) (Note: this would also require a city that adopts a tax rate exceeding the voter-approval rate to adopt its budget before this mid-August date, as state law provides that property taxes may only be levied in accordance with the city budget); 12. provides that a taxing unit other than a special taxing unit may direct the designated officer or employee to calculate the voter-approval tax rate of the taxing unit in the manner provided for a special taxing unit, if any part of the taxing unit is located in an area declared a disaster area during the current tax year by the governor or by the president of the United States; 13. provides that the designated officer or employee shall continue calculating the voter- approval tax rate in the manner provided by Section 12, above, unit the earlier of: a. the second tax year in which the total taxable value of property taxable by the taxing unit as shown on the appraisal roll for the taxing unit submitted by the assessor for the taxing unit to the governing body exceeds the total taxable value of property taxable by the taxing unit on January 1 of the tax year in which the disaster occurred; or b. the third tax year after the tax year in which the disaster occurred. 14. provides that the designated officer or employee shall use the tax rate calculation forms prescribed by the comptroller in calculating the no-new-revenue tax rate and the voter- approval tax rate; 15. provides that the designated officer or employee of a taxing unit may not submit the no- new-revenue tax rate and the voter-approval tax rate to the governing body of the taxing unit, and the taxing unit may not adopt a tax rate, until the designated officer or employee certifies on the tax rate calculation forms that the designated officer or employee has accurately calculated the tax rates and has used values that are the same as the values 16. by August 7th or as soon as practicable, requires the chief appraiser of each appraisal district to deliver by regular mail or email to each owner of property located in the appraisal district a notice that the estimated amount of taxes to be imposed on the property tax database maintained by the appraisal district; 17. provides that, as soon as practicable after the designated officer or employee calculates the no-new-revenue tax rate and the voter-approval tax rate of the taxing unit, the designated officer or employee shall submit the tax rate calculation forms used in calculating the rates to the county assessor-collector for each county in which all or part of the territory of the taxing unit is located; 10 18. budget for a fiscal year the tax rate calculation forms used by the designated officer or employee of the taxing unit to calculate the no-new-revenue tax rate and the voter- approval tax rate of the taxing unit for the tax year in which the fiscal year begins; 19. authorizes a property owner to seek an injunction prohibiting the taxing unit in which the property is taxable from adopting a tax rate if the assessor or designated officer or employee of the taxing unit, the tax notice officer of the applicable appraisal district, or the taxing unit, as applicable, has not complied with the statutory computation, publication, or posting requirements; 20. provides that it is a defense in an action for an injunction under Section 19, above, that the failure to comply was in good faith; 21. provides that a taxing unit must hold only one public hearing on a proposed tax rate that exceeds the lower of the voter-approval tax rate or the no-new-revenue tax rate (instead of the two public hearings required under current law); 22. prohibits the governing body of a taxing unit other than a school district from holding a public hearing on a proposed tax rate or a public meeting to adopt a tax rate until the fifth business day after the date the chief appraiser of each appraisal district in which the taxing unit participates has delivered its required notice and posted information on the property tax database; 23. prohibits the governing body of a taxing unit other than a school district from adopting a tax rate until the chief appraiser has complied with Section 22, above; 24. authorizes a property owner to seek an injunction restraining the collection of taxes by a taxing unit in which the property is taxable if the taxing unit has not complied with truth- in-taxation requirements; 25. provides that it is a defense in an action for an injunction under Section 24, above, if the failure to comply was in good faith; 26. provides that an action to enjoin the collection of taxes must be filed not later than the 15th day after the date the taxing unit adopts a tax rate; 27. provides that a property owner is not required to pay the taxes imposed by a taxing unit 28. provides that, if a property owner pays the taxes and subsequently prevails in an action, the property owner is entitled to a refund of the taxes paid, together with reasonable for the taxing unit to receive the refund; 29. prohibits the governing body of a taxing unit that imposes a sales tax for property tax relief from adopting certain components of the tax rate until the chief financial officer or the auditor for the taxing unit submits to the governing body of the taxing unit a written certification relating to the amount of sales tax for property tax relief revenue used to pay debt service; 30. requires a taxing unit with a low tax levy that provides public notice of its proposed tax rate by publication in a newspaper to post notice of the proposed tax rate prominently on the home page of the Internet website maintained by the taxing unit; 31. provides that a public hearing on the tax rate may not be held before the fifth day after the date the notice of the public hearing is given; 11 32. provides that if a taxing unit publishes notice of the public hearing on the tax rate in the newspaper, the taxing unit must also post the notice prominently on the home page of the ebsite from the date the notice is first published until the public hearing is concluded; 33. provides that the governing body may vote on the proposed tax rate at the public hearing on the tax rate; 34. provides that a meeting to vote on the tax increase may not be held later than the seventh day after the date of the public hearing; 35. requires a taxing unit to provide one of four specific notices on the tax rate, depending on whether the taxing unit: a. is proposing to adopt a tax rate that exceeds the no-new-revenue tax rate and the voter-approval tax rate of the taxing unit; b. is proposing to adopt a tax rate that exceeds the no-new-revenue tax rate but does not exceed the voter-approval tax rate of the taxing unit; c. is proposing to adopt a tax rate that does not exceed the no-new-revenue tax rate but exceeds the voter-approval tax rate of the taxing unit; or d. is proposing to adopt a tax rate that does not exceed the lower of the no-new- revenue tax rate or voter-approval tax rate; 36. requires notice of the tax rate to include a table that compares the taxes imposed on the average residence homestead in the preceding year to the taxes proposed to be imposed on the average residence homestead in the current year; 37. establishes alternate provisions for tax rate notice if a t exceeds the voter-approval tax rate; 38. provides that, when an increased expenditure of money by a taxing unit is necessary to respond to a disaster, including a tornado, hurricane, flood, wildfire, or other calamity, but not a drought, that has impacted the taxing unit and the governor has declared any part of the area in which the taxing unit is located as a disaster area, an election is not required to approve the tax rate adopted by the governing body for the year following the year in which the disaster occurs; 39. provides that the order calling an election to seek voter approval of the tax rate in a taxing st unit other than a school district may not be issued later than the 71 day before the date of the election; 40. requires the ballot language used in an election to seek voter approval of the tax rate to include the difference between the adopted tax rate, the voter-approval tax rate, and the 41. establishes a petition process to hold an election to reduce the tax rate of a taxing unit other than a special taxing unit, school district, or city with a population of 30,000 or - approval tax rate; and (b) adopted rate is: (1) equal to or -approval tax rate or voter-approval tax rate calculated as if the taxing unit were a special taxing unit (an 8 percent voter-approval tax rate); 42. requires the county- all or part of the territory of which is located in the county: 12 a. the tax rate calculation forms used by the designated officer or employee of each taxing unit to calculate the no-new-revenue and voter-approval tax rates of the taxing unit for the most recent five tax years beginning with the 2020 tax year; b. the name and official contact information for each member of the governing body of the taxing unit; and st c. the tax rate calculation forms for the current tax year not later than August 1; 43. requires the chief appraiser of each appraisal district to create and maintain a property tax database that: a. is identified by the name of the county in which the appraisal district is established instead of the name of the appraisal district; b. contains information that is provided by designated officers or employees of the taxing units that are located in the appraisal district in the manner required by the comptroller; c. is continuously updated as preliminary and revised data become available to and are provided by the designated officers or employees of taxing units; d. is accessible to the public; e. is searchable by property address and owner; and th f. includes the Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of 44. requires the property tax database to include, with respect to each property listed on the appraisal roll for the appraisal district: a. b. c. d. the name of the each taxing unit in which the property is located; e. for each taxing unit other than a school district in which the property is located; (i) the no-new-revenue tax rate; and (ii) the voter-approval tax rate; f. for each school district in which the property is located: (i) the tax rate to maintain the same amount of state and local revenue per weighted student that the district received in the school year beginning in the preceding tax year; and (ii) the voter- approval tax rate; g. the tax rate proposed by the governing body of each taxing unit in which the property is located; h. for each taxing unit other than a school district in which the property is located, the taxes that would be imposed on the property if the unit adopted a tax rate equal to: (i) the no-new-revenue tax rate; and (ii) the proposed tax rate; i. for each school district in which the property is located, the taxes that would be imposed on the property if the unit adopted a tax rate equal to: (i) the tax rate to maintain the same amount of state and local revenue per weighted student that the district received in the school year beginning in the preceding tax year; and (ii) the proposed tax rate; j. for each taxing unit other than a school district in which the property is located, the difference between the amount calculated for the no new taxes tax rate and the proposed tax rate; 13 k. for each school district in which the property is located, the difference between the amount calculated to maintain the same amount of state and local revenue per weighted student the district received in the school year beginning in the preceding year and the proposed tax rate; l. the date, time, and location of each public hearing, if applicable, on the proposed tax rate to be held by the governing body of each taxing unit in which the property is located; m. the date, time, and location of the public meeting in which the tax rate will be adopted to be held by the governing body of each taxing unit in which the property is located; and n. for each taxing unit in which the property is located, an e-mail address at which the taxing unit is capable of receiving written comments regarding the proposed tax rate of the taxing unit; 45. requires the property database to provide a link to the website used by each taxing unit in which the property is located to post the budget and tax rate information required by Section 49, below; 46. provides that the database must allow the property owner to electronically complete and ether the tax rate proposed by the governing body of the taxing unit should be adopted; 47. requires the officer or employee designated by the governing body of each taxing unit in which the property is located to calculate the no-new-revenue tax rate and the voter- approval tax rate for the taxing unit to electronically incorporate into the database: a. the information described by Subsections e, f, g, l, and m of Section 44, above, as the information becomes available; and b. the tax rate calculation forms at the same time the designated officer or employee submits the tax rates to the governing body of the taxing unit; 48. requires each taxing unit to maintain an Internet website or have access to a generally accessible Internet website that may be used for the purposes of posting tax rate and budget information; 49. requires each taxing unit to post on its Internet website the following information in a format prescribed by the comptroller: a. the name of each member of the governing body of the taxing unit; b. the mailing address, email address, and telephone number of the taxing unit; c. the official contact information for each member of the governing body of the taxing unit; d. e. f. the current year, by dollar amount and percentage; g. for a taxing unit other than a school district, the amount of property tax revenue budgeted for both maintenance and operations and debt service, respectively, for: (i) the preceding two years; and (ii) the current year; h. the tax rate for both maintenance and operations and debt service, respectively, adopted by the taxing unit for the preceding two years; 14 i. the tax rate for both maintenance and operations and debt service, respectively, adopted by the taxing unit for current year; and j. the most recent financial audit of the taxing unit; 50. eliminates the ability of a taxing unit to challenge before the appraisal review board the level of appraisals of any category of property in the appraisal district or in any territory in the appraisal district; 51. provides that the appraisal review board may not determine the appraised value of the property that is subject of a protest to be an amount greater than the appraised value of the property as shown in the appraisal records submitted to the board by the chief appraiser; and 52. requires, by September 25, 2019, the designated officer or employee of each taxing unit to submit to the county assessor-collector for each county in which all or part of the territory of the taxing unit is located the worksheets used by the designated officer or employee to calculate the effective and rollback tax rates of the taxing unit for the 2015- 2019 tax years to be posted on the county assessor- (Effective January 1, 2020.) S.B. 58 (Zaffirini/Bohac) Property Tax Exemption: exempts from property taxes: (1) a motor vehicle leased to the state or a political subdivision of the state; or (2) a motor vehicle that: (a) is leased to an organization that is exempt from federal income taxation as a 501(c)(3); and (b) would be exempt from taxation if the vehicle were owned by the organization. (Effective September 1, 2019.) S.B. 443 (Hancock/Murphy) Property Tax Exemption: lengthens the duration of a residence homestead property tax exemption for property that is rendered uninhabitable or unusable by a casualty or by wind or water damage from two years to five years if: (1) the property is located in an area declared to be a disaster area by the governor following a disaster; and (2) the residential structure located on the property is rendered uninhabitable or unusable as a result of the disaster. (Effective immediately.) S.B. 812 (Lucio/S. Thompson) Property Tax Appraisal: this bill, for purposes of the value of a replacement structure for the ten percent appraisal cap for a residence homestead, defines Office or by a political subdivision of the state that is funded with community development block grant disaster recovery money authorized by federal law. (Effective immediately.) S.B. 1642 (Miles/Wu) Right of Redemption: provides that an owner of real property sold at a to another person. (Effective immediately.) S.B. 1876 (Fallon/Krause) Appraisal Review Board: provides that, if a property owner requests binding arbitration to appeal appraisal review board orders involving two or more contiguous tracts of land that are owned by the property owner, a single arbitration deposit is sufficient. (Effective immediately.) 15 S.B. 1943 (Watson/Rodriguez) Property Tax Exemption: this bill, among other things: (1) requires the comptroller to prepare and electronically publish a pamphlet that provides information to assist heir property owners in applying for a residence homestead exemption; (2) provides that an heir property owner who qualifies heir property a homestead is considered the sole recipient of any exemption granted to the owner for the residence homestead; and (3) provides that an heir property owner who qualifies heir property as the sole owner of the property for purposes of a property tax freeze. (Effective September 1, 2019.) S.B. 2060 (Menendez/Guillen) Notice of Appraised Value: requires the chief appraiser to include with a notice of appraised value a brief explanation of each total or partial exemption of child; (2) an individual who is 65 member of the armed services of the United States who is killed in action; or (5) the surviving spouse of a first responder who is killed or fatally injured in the line of duty. (Effective January 1, 2020.) S.B. 2083 (Hinojosa/Darby) Property Tax Appraisal: provides that, if the federal government, the state, or a political subdivision takes possession of taxable property under a possession and use agreement or pursuant to pending eminent domain-related litigation, the amount of the tax due on the property is calculated by multiplying the amount of taxes imposed on the property for the entire year by a fraction, the denominator of which is 365 and the numerator of which is the number of days that elapsed prior to the effective date of the possession and use agreement or the date the entity took possession pursuant to pending eminent domain-related litigation. (Effective immediately.) S.B. 2531 (Creighton/Murphy) Property Tax Protests: this bill: (1) authorizes the chief appraiser and a property owner to file a joint motion with the appraisal review board notifying the board that the chief appraiser and the property owner have agreed to a disposition of the protest and request the board to issue an agreed order; and (2) requires the chairman of the appraisal review board to issue the agreed order not later than the fifth day after the date on which the joint motion is filed with the board. (Effective January 1, 2020.) Sales Tax H.B. 1525 (Burrows/Nelson) Marketplace Providers: this bill, among other things: (1) (other than the owner or operator of the medium) make sales of taxable items, including a store, Internet website, software application, or catalog; (2) provides that a marketplace provider has the rights and duties of a seller or retailer for sales and use tax purposes; and (3) provides that a sale of a taxable item made by a marketplace seller through a marketplace is consummated at the location in the state to which the item is shipped or delivered or at which possession is taken by the purchaser. (Effective October 1, 2019.) 16 H.B. 1543 (Springer/Fallon) Off-Highway Vehicles: this bill, among other things: (1) requires each off-highway vehicle manufacturer to file with the comptroller a report not later than March 1 of each year listing each warranty issued by the manufacturer for a new off- highway vehicle that was sold to a resident of this state by a retailer located outside this state; (2) requires the comptroller to use information in the report to investigate and collect any unpaid use taxes imposed on an off-highway vehicle described in the report; (3) authorizes the attorney general to prosecute an action to enforce the requirements of (1) and (2), above; and (4) provides that a county assessor-collector may not issue a certificate of title for an off-highway vehicle purchased from a retailer located outside the state and designated by the manufacturer as a model year that is not more than one year before the year in which the application for title is made, unless the applicant delivers satisfactory evidence showing that the applicant paid to the comptroller the applicable use tax imposed on the vehicle. (Effective September 1, 2019.) H.B. 2153 (Burrows/Nelson) Local Sales and Use Taxes on Remote Sales: this bill, in relation to the collection of sales taxes on remote sales: 1. provides that a remote seller required to collect and remit local use taxes in connection with a sale of a taxable item must compute the amount to collect and remit using either: (a) the combined rate of all applicable local use taxes; or (b) the single local use tax rate; 2. requires a remote seller that elects to use the single local use tax rate to notify the comptroller of the election before using the rate; 3. provides that the single local use tax rate effective in a calendar year is equal to the estimated average rate of local sales and use taxes imposed in the state during the preceding state fiscal year; 4. requires the comptroller to publish in the Texas Register, before the beginning of a calendar year, notice of the single local use tax rate that will be in effect for that calendar year; 5. requires the comptroller, as soon as practicable after the end of a state fiscal year, to determine the estimated average rate of local sales and use taxes imposed in this state during the preceding state fiscal year by: (a) dividing the total amount of net local sales and use taxes remitted to the comptroller during the preceding state fiscal year by the total amount of net state sales and use taxes remitted to the comptroller during that same state fiscal year; (b) multiplying the amount in (a) by the rate provided by the state sales tax rate (6.25); and (c) rounding the amount computed under (b) to the nearest .0025; 6. authorizes a purchaser to apply for a refund of any amount by which the amount of use tax computed using the single local use tax rate and paid by the purchaser exceeds the amount the purchaser would have paid if that tax had been computed using the rate described by Section 1(a), above; 7. provides that a person storing, using, or consuming a taxable item in this state purchased from a remote seller is not liable for any additional amount of local use tax if the remote seller elects to use the single local use tax rate and the person pays to the remote seller the amount of local use tax computed on the purchase using the single local use tax rate; 8. requires the comptroller to administer, collect, and enforce local use taxes computed using the single local use tax rate; 17 9. requires the comptroller to deposit revenue remitted to the comptroller from taxes computed using the single local use tax rate in the state treasury to be held in trust for the benefit of eligible taxing units; 10. provides that a local taxing unit is an eligible taxing unit if it has adopted a sales and use tax; 11. money held in trust together with the pro rata share of any penalty or interest on delinquent taxes computed using the single local use tax rate that may be collected; 12. by the state for the administration of the tax and deposit that amount in the state treasury 13. held in trust by the comptroller, not to exceed five percent of the amount eligible to be transmitted to the taxing unit, to make refunds for overpayments of taxes computed using the single local use tax rate, make refunds to purchasers pursuant to Section 6, above, and to redeem dishonored checks and drafts deposited under Section 9, above; 14. requires the comptroller to compute for each calendar month the percentage of the total sales and use tax allocations to each taxing unit under current allocation laws and rules; 15. requires held in trust from deposits for a given month by applying the percentage computed for the eligible taxing unit under current laws and rules to the total amount held in trust from deposits for that month; and 16. trust under Section 9, above, with other money held for that taxing unit. (Effective October 1, 2019.) H.B. 2358 (Guillen/Paxton) Sales Tax Administration: this bill provides that: (1) a retailer may directly or indirectly advertise, hold out, or state to a customer or to the public that the retailer will pay the tax for the customer if: (a) the retailer indicates in the advertisement, holding out, or statement that the retailer is paying the tax for the customer; (b) the retailer does not indicate or imply in the advertisement, holding out, or statement that the sale is exempt or listing the sales price paid or to be paid by the customer separately states the amount of the tax and indicates the tax will be paid by the retailer; and (2) a retailer who directly or indirectly advertises, holds out, or states to a customer or to the public that the retailer will pay the sales and use tax for the customer is liable for the tax plus any accrued penalties and interest on the amount. (Effective October 1, 2019.) H.B. 2650 (Goodwin/Bettencourt) Property Tax Sale and fees in the cost of a sale by auction of real property pursuant to foreclosure of a tax lien. (Effective immediately.) H.B. 3086 (Cole/Zaffirini) Sales Tax Exemption: exempts from sales and use taxes tangible personal property that will become an ingredient or component part of a motion picture, video, or 18 audio master recording, a copy of which is sold or offered for ultimate sale, licensed, distributed, broadcast, or otherwise exhibited for consideration. (Effective immediately.) H.B. 3386 (Geren/Nelson) Sales Tax Exemption: provides that an amusement service is exclusively provided by a nonprofit corporation organized for the purpose of encouraging agriculture by the maintenance of public fairs and exhibitions of livestock, if the service is provided at an approved venue project the principal use of which is for rodeos, livestock shows, equestrian events, agricultural expositions, county fairs, or similar events. (Effective October 1, 2019.) H.B. 4542 (Guillen/Hinojosa) Brewpub Reporting: subjects brewpubs to the sales tax reporting standards applicable to other entities involved in the manufacture and distribution of alcoholic beverages. (Effective September 1, 2019.) S.B. 1214 (Schwertner/Wilson) Sales Tax Exemption: provides, for purposes of the sales and use tax exemption for certain aircraft, that any travel, regardless of distance, to a location to perform a service in connection with an agricultural use does not disqualify an aircraft from the exemption. (Effective September 1, 2019.) Purchasing H.B. 793 (P. King/Creighton) Boycotting Israel: modifies the provisions of H.B. 89 (2017) which provides that neither a state agency nor a political subdivision may enter 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 law applies only to a contract that: (a) is between a governmental entity and a company with 10 or more full-time employees; and (b) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (Effective immediately.) H.B. 985 (Parker/Hancock) State-Funded Public Works Contracts: provides that: (1) a governmental entity, including a city, awarding a public work contract funded with state money, including the issuance of debt guaranteed by the state, may not: (a) prohibit, require, discourage, or encourage a person bidding on the public work contract, including a contractor or subcontractor, from entering into or adhering to an agreement with a collective bargaining organization relating to the project; or (b) discriminate against a person described by (1) based as a party to the agreement; or (ii) willingness or refusal to enter into the agreement; and (2) the bill may not be construed to: (a) prohibit activity protected by the National Labor Relations Act, including entering into an agreement with a collective bargaining organization relating to the project; or (b) permit conduct prohibited under the National Labor Relations Act. (Effective September 1, 2019.) H.B. 1999 (Leach/Creighton) Construction Liability Claims: this bill: (1) defines the numerous terms in the bill; (2) applies to a claim: (a) for damages arising from damage to or loss 19 of real or personal property caused by an alleged construction defect in an improvement to real property that is a public building or public work or applicable indemnity or contribution for damages; (b) asserted by a governmental entity, including a city, with an interest in the public building or public work affected by the alleged construction defect; and (c) asserted against a contractor, subcontractor, supplier, or design professional; (3) provides that, before bringing an action asserting a claim to which the bill applies, the governmental entity must provide each party with whom the governmental entity has a contract for the design or construction of an affected structure a written report by certified mail, return receipt requested, that clearly: (a) identifies the specific construction defect on which the claim is based; (b) describes the present physical condition of the affected structure; and (c) describes any modification, maintenance, or repairs to the affected structure made by the governmental entity or others since the affected structure was initially occupied or used; (4) provides that, not later than the fifth day after the date a contractor receives a report under Subsection (a), the contractor must provide a copy of the report to each subcontractor retained on the construction of the affected structure whose work is subject to the claim; (5) provides that, before bringing an action asserting a claim to which the bill applies, the governmental entity must allow each party with whom the governmental entity has a contract for the design or construction of an affected structure and who is subject to the claim and any known subcontractor or supplier who is subject to the claim: (a) a reasonable opportunity to inspect any construction defect or related condition identified in the report for a period of 30 days after sending the report required by (3), above; and (b) at least 120 days after the inspection to correct any construction defect or related condition identified in the report or enter into a separate agreement with the governmental entity to correct any construction defect or related condition identified in the report; (6) provides that the governmental entity is not required to allow a party to make a correction or repair under (5), above, if: (a) the party is a contractor and cannot provide payment and performance bonds to cover the corrective work, cannot provide ensation insurance, has been previously terminated for cause by the governmental entity, or has been convicted of a felony; or (b) the governmental entity previously complied with the process required by (5), above, regarding a construction defect or related condition identified in the report and the defect or condition was not corrected as required by (5)(a) or (b), above, or the attempt to correct the construction defect or related condition identified in the report resulted in a new construction defect or related condition; (7) provides that, if the report and opportunity to correct are provided during the final year of a limitations or repose period applicable to the claim, the limitations or repose period is tolled until the first anniversary of the date on which the report is provided; (8) provides that: (a) if a governmental entity brings an action asserting a claim without complying with the bill, the court, arbitrator, or other adjudicating authority shall dismiss the action without prejudice; and (b) if an action is dismissed without prejudice and the governmental entity brings a second action asserting a claim without complying with the bill, the court, arbitrator, or other adjudicating authority shall dismiss the action with prejudice; (9) provides that, if a report provided by a governmental entity identifies a construction defect that is corrected or for which the governmental entity recovers damages, the party responsible for that construction defect shall pay the reasonable amounts incurred by the governmental entity to obtain the report with respect to identification of that construction defect; (10) provides that the bill does not prohibit or limit a governmental entity from making emergency repairs to the property as necessary to protect the health, safety, and welfare of the public or a building occupant; (11) provides that, if a party, in connection with a potential claim against the party, receives a written notice of an alleged construction defect or a 20 report identifying a construction defe the insurer shall treat the provision of the notice or report to the party as the filing of a suit asserting that claim against the party for purposes of the relevant policy terms; and (12) does not apply to: (a) a claim for personal injury, survival, or wrongful death; (b) a claim involving the construction of residential property covered under the Property Code; (c) a contract entered into by the Texas Department of Transportation; (d) a project that receives money from a state or federal highway fund; or (e) a civil works project as defined by the alternative procurement and delivery method chapter in state law. (Effective September 1, 2019, except that (12), above, applies only to an insurance policy delivered, issued for delivery, or renewed on or after January 1, 2020.) VETOED H.B. 2856 (Morrison/Kolkhorst) Disaster Remediation Contracts: modifies current law to provide that: (1) a disaster remediation contractor, for purposes of the removal, cleaning, sanitizing, demolition, reconstruction, or other treatment of existing improvements to real property performed because of damage or destruction to that property caused by a natural disaster, does not include a tax exempt entity; (2) the following conduct by a disaster remediation contractor constitutes a criminal penalty: (a) requiring a person to make a full or partial payment under a contract before the contractor begins work; (b) requiring that the amount of any partial payment under the contract exceed an amount reasonably proportionate to the work performed, including any materials delivered; and (3) it is an affirmative defense to prosecution for the offenses described in Item (2), above, if the disaster remediation contractor refunds any payment th made in violation of Item (2), above, not later than the 15 day following the receipt of a written demand alleging a violation. (Effective September 1, 2019.) H.B. 2868 (Phelan) Interior Design Services: adds to the Professional Procurement Services Act services provided by a person lawfully engaged in interior design, regardless of whether such person is a registered interior designer under state law, with the result that a city must procure the services based on qualifications. (Effective September 1, 2019.) S.B. 300 (Miles/E. Thompson) Disaster Recovery Contracts: this bill: (1) requires that the general land office (GLO) enter into indefinite quantity contracts with vendors to provide information management services, construction services, including engineering services, and other services the GLO determines may be necessary to construct, repair, or rebuild property or infrastructure in the event of a natural disaster; (2) provides that such contracts must: (a) provide that the contract is contingent on: (i) the availability of funds; (ii) the occurrence of a natural disaster not later than 48 months after the effective date of the contract; and (iii) delivery of the services to an area declared by the governor or president of the United States to be a disaster area as a result of the natural disaster; and (b) have a term of four years; (3) provides that such contracts may be funded by local, state, and federal agencies and the state disaster contingency fund; (3) provides that if the GLO determines that federal funds may be used for a contract, the GLO shall ensure that the contract complies with the requirements of the Federal Acquisition Regulation; and (4) provides that the GLO shall consider and apply any applicable state law and rules of the GLO relating to contracting with historically underutilized businesses. (Effective September 1, 2019.) 21 VETOED S.B. 1793 (Zaffirini/Longoria) State Travel Services: applies to a governmental entity that has entered into one or more compacts, interagency agreements, or cooperative purchasing agreements with the Texas Facilities Commission, and provides that: (1) an officer or employee of a governmental entity who is engaged in official business of the governmental charge a participating governmental entity a fee not to exceed the costs incurred by the comptroller in providing services; and (3) the comptroller shall periodically review the fees and adjust the fees as necessary to ensure recovery of costs incurred in providing services to governmental entities. (Effective September 1, 2019.) S.B. 1928 (Fallon/Krause) Professional Services: this bill party, including a plaintiff or third-party plaintiff, seeking recovery for damages, contribution, or indemnification; (2) provides that, in any action or arbitration proceeding for damages arising out of the provision of professional services by a licensed or registered professional, a claimant shall be required to file with the complaint an affidavit of a third-party licensed architect, licensed professional engineer, registered landscape architect, or registered professional land surveyor who: (a) is competent to testify; (b) holds the same professional license or registration as the defendant; and (c) practices in the area of practice of the defendant and offers testimony based on certain exceptions to (2). (Effective immediately.) Elections H.B. 88 (Swanson/Fallon) Runoff Ballot the ballot of any runoff election or election held to resolve a tie vote shall be in the relative order of names on the original election ballot. (Effective September 1, 2019.) H.B. 273 (Swanson/Zaffirini) Voting by Mail: requires that the balloting materials for voting by mail shall be mailed to a voter entitled to vote by mail not later than the seventh calendar day or the date the ballots become available for mailing, except that if the mailing date is earlier than thth the 37 day before election day, the balloting materials shall be mailed not later than the 30 day before election day. (Effective September 1, 2019.) H.B. 831 (Huberty/Huffman) Candidate Residency: provides, among other things, that: (1) for purposes of satisfying the continuous residency eligibility requirement, a person who claims an intent to return to a residence after a temporary absence may establish that intent only if the person: (a) has made a reasonable and substantive attempt to effectuate that intent; and (b) has a legal right and the practical ability to return to the residence; and (2) the criteria for establishing an intent to return after a temporary absence under (1), above, do not apply to a person displaced 1, 2020.) H.B. 1048 (Guillen/Zaffirini) Early Voting Polling Place: provides that political subdivisions holding elections in November may not designate as an early voting polling place a 22 location other than an eligible county polling place, unless each eligible county polling place located in the political subdivision is designated as an early voting polling place for the election. (Effective immediately.) H.B. 1067 (Ashby/Schwertner) Deceased Candidates: provides that, if a candidate dies on or before the deadline for filing an application for a place on the ballot: (1) the authority responsible for preparing the ballots may choose to omit the candidate from the ballot; and (2) if the on the ballot for the office sought by the candidate is extended until the fifth day after the filing deadline. (Effective immediately.) H.B. 1241 (Bucy/Powell) Election Notice: requires any notice of a polling place location to include the building name, if any, and the street address, including the suite or room number, if any, of the polling place. (Effective September 1, 2019.) H.B. 1421 (Israel) Election Cybersecurity: provides that: (1) the secretary of state shall adopt rules defining classes of protected election data and establishing best practices for identifying and reducing risk to the electronic use, storage, and transmission of election data and the security of election systems; and (2) a county election officer shall request an assessment of the secretary of state recommends an assessment and the necessary funds are available; and (3) if a county election officer becomes aware of a breach of cybersecurity that impacts election data, the officer shall immediately notify the secretary of state. (Effective September 1, 2019.) H.B. 1850 (Klick/Fallon) Publication of Voter Information: this bill: (1) requires the early voting clerk to provide, in a downloadable database format, a current copy of the branch daily register for posting on the website of the authority ordering the election, if the authority maintains a website, each day early voting is conducted; (2) provides that, at a minimum, the voter registration number for each voter listed in the branch daily register must be posted; (3) requires information on the roster for a person who votes an early voting ballot by personal appearance or mail to be made available; (a) for an election in which the county clerk is the early voting clerk: (i) on the publicly accessible internet website of the county; or (ii) if the county does not maintain a website, on the bulletin board used for posting notice of meetings of the commissioners court; or (b) for an election in which the county clerk is not the early voting clerk: (i) on the publicly accessible internet website of the authority ordering the election; or (ii) if the authority ordering the election does not maintain a website, on the bulleting board used for posting notice of meetings of the governing body of the authority. (Effective September 1, 2019.) H.B. 1888 (G. Bonnen/Huffman) Temporary Branch Polling Places: this bill, among other things, requires early voting by personal appearance at each temporary branch polling place to be conducted on the days that voting is required to be conducted at the main early voting polling place and remain open for at least: (1) eight hours each day; or (2) three hours each day if the city or county clerk does not serve as the early voting clerk for the territory holding the election and the territory has fewer than 1,000 registered voters. (Effective September 1, 2019.) 23 H.B. 2075 (Neave/Zaffirini) Ballot Preparation: provides that a candidate may use any ballot. (Effective September 1, 2019.) H.B. 3100 (Wray/Zaffirini) Voter Registration Information: provides that the residence address on the voter registration application of the spouse of a peace officer is confidential. (Effective immediately.) H.B. 3965 (Bohac/Huffman) Countywide Polling Places: requires: (1) each countywide polling place to post a notice of the four nearest countywide polling place locations by driving distance; and (2) all countywide polling places located in a county to remain open for the length of time required in a court order for any countywide polling place in the county to remain open after 7 p.m. (Effective September 1, 2019.) H.B. 4129 (Swanson/Zaffirini) Candidate Withdrawal: provides that, if a candidate files a withdrawal request after the prescribed deadline, but in compliance with other requirements, the authority responsible for preparing the ballot may choose to omit the candidate from the ballot if, at the time of the request: (1) the ballots have not been prepared; and (2) if applicable, the public notice of the test of logic and accuracy has not been published. (Effective September 1, 2019.) H.B. 4130 (Swanson/Creighton) Accepting Voters: requires the secretary of state to prescribe specific requirements and standards for the certification of an electronic device used to accept voters. (Effective September 1, 2019.) S.B. 751 (Hughes/Meyer) Deceptive Video Criminal Penalties performing an action that did not occur in reality; and (2) creates a criminal offense if a person, with the intent to injure a candidate or influence the result of an election, creates a deep fake video and causes it to be published or distributed within 30 days of an election. (Effective September 1, 2019.) S.B. 902 (Hughes/Krause) Election Records: this bill, among other things, provides that an th election record shall be available, not later than the 15 day after election day, in an electronic format for a fee of not more than $50. (Effective September 1, 2019.) Open Government H.B. 81 (Canales/Hinojosa) Public Information and Parades, Concerts, and Other Entertainment Events: provides that: (1) information relating to the receipt or expenditure of public or other funds by a governmental body for a parade, concert, or other entertainment event paid for in whole or part with public funds is subject to the Public Information Act; (2) a person, including a governmental body, may not include a provision in a contract related to an event described by (1) that prohibits or would otherwise prevent the disclosure of information; and (3) a contract provision that violates the bill is void. (Effective immediately.) 24 H.B. 305 (Paul/Nelson) Website Posting: applies only to a political subdivision with the authority to impose a tax that at any time on or after January 1, 2019, maintained a publicly accessible Internet website and provides that: (1) a political subdivision to which the bill applies shall post on a publicly accessible Internet website the following information: (a) the political -mail address; (b) each elected officer of the political subdivision; (c) the date and location of the next election for officers of the political subdivision; (d) the requirements and deadline for filing for candidacy of each elected office of the political subdivision, which shall be continuously posted for at least one year before the election day for the office; (e) each notice of a meeting of the to a city with a population of less than 5,000 located in a county with a population of less than 25,000. (Effective September 1, 2019.) H.B. 1351 (Cortez/Menendez) Public Information: provides that the home address, home telephone number, emergency contact information, social security number, family member information, and date of birth of current and former members of the United States Army, Navy, Air Force, Coast Guard, Marine Corps, or an auxiliary service of one of those branches are confidential under the Public Information Act. (Effective September 1, 2019.) H.B. 2828 (P. King/Fallon) Public Information Act: provides that: (1) the name, address, telephone number, e personally identifying information of a person who obtains ownership or control of an animal from a city animal shelter is confidential; (2) a governmental body may disclose the information in (1) to a governmental entity, or to a person who is under contract with a governmental entity and provides animal control services, animal registration services, or related services to the governmental entity, for a purpose related to the protection of public health and safety; and (3) an entity or person in (2) must maintain the confidentiality of the information and not use it for any purpose that does not directly relate to the protection of public health and safety. (Effective immediately.) H.B. 2840 (Canales/Hughes) Right to Speak at Open Meeting: applies to local governmental bodies, including cities (but not state agencies), and provides that: (1) a governmental body shall allow each member of the public who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding that limit the total amount of time that a member of the public may address the body on a given item; (3) only if a governmental body does not use simultaneous translation equipment in a manner that allows the body to hear the translated public testimony simultaneously, a rule adopted under (2) that limits the amount of time that a member of the public may address the governmental body must provide that a member of the public who addresses the body through a translator must be given at least twice the amount of time as a member of the public who does not require the assistance of a translator in order to ensure that non-English speakers receive the same opportunity to address the body; and (4) a governmental body may not prohibit public criticism of the governmental body, including criticism of any act, omission, policy, procedure, 25 program, or service, unless the public criticism is otherwise prohibited by law. (Effective September 1, 2019.) H.B. 3091 (Deshotel/Campbell) Public Information: this bill: (1) makes information related to the location or physical layout of a family violence shelter center or victims of trafficking shelter center confidential; and (2) creates a criminal offense for disclosing or publicizing the location or physical layout of shelters with the intent to threaten the safety of any inhabitant of these shelters. (Effective September 1, 2019.) H.B. 3175 (Deshotel/Creighton) Public Information of Disaster Recovery Funds: provides that: (1) the following information that is maintained by a governmental body is confidential and not subject to release under the Public Information Act: (a) the name, social security number, house number, street name, and telephone number of an individual or household that applies for state or federal disaster recovery funds; (b) the name, tax identification number, address, and telephone number of a business entity or an owner of a business entity that applies for state or federal disaster recovery funds; and (c) any other information the disclosure of which would identify or tend to identify a person or household that applies for state or federal disaster recovery funds; and (2) the street name and census block group of and the amount of disaster recovery funds awarded to a person or household are not confidential after the date on which disaster recovery funds are awarded to the person or household. (Effective September 1, 2019.) S.B. 494 (Huffman) Open Government/Emergencies: this bill: 1. provides that, in an emergency or when there is an urgent public necessity, the notice of a meeting to deliberate or take action on the emergency or urgent public necessity or a supplemental notice is sufficient if it is posted for at least one hour before the meeting is convened; 2. provides that at an emergency meeting for which notice or supplemental notice is posted, a governmental body may deliberate or take action only on: (a) a matter that is directly related to the emergency or urgent public necessity identified in the notice or supplemental notice; or (b) an agenda item listed on a notice of the meeting before the supplemental notice was posted; 3. expands the definition of an emergency or an urgent public necessity to include: (a) a reasonably unforeseen situation, including (i) a fire, flood, earthquake, hurricane, tornado, or wind, rain, or snow storm; (ii) power failure, transportation failure, or interruption or communication facilities; (iii) an epidemic; or (iv) a riot, civil disturbance, enemy attack or other actual or threatened act of lawlessness or violence; and (b) a threat described in (a) above, if imminent; 4. repeals current law that requires notice be provided to members of the media in instances where the sudden relocation of a large number of residents from the area of declared disaster is required; 5. requires the presiding officer or member of a governing body who calls an emergency meeting to provide notice of the meeting to members of the media at least one hour before the meeting is convened; 26 6. provides that the attorney general may bring an action in a Travis County district court to stop, prevent, or reverse a violation or threatened violation of the provisions described in item (1), above, by members of the governmental body; 7. provides that when a governmental body is currently impacted by a catastrophe that interferes with the ability of a governmental body to comply with the requirements of the Texas Public Information Act (Act), a governmental body may suspend the applicability of the requirements of the Act for an initial period not to exceed seven consecutive days provided that the governmental body provides notice to the office of the attorney general, in a form prescribed by that office, that the governmental body is currently impacted by a catastrophe and has elected to suspend the applicability of the Act; 8. provides that the initial suspension period begins not earlier than the second day before the date the governmental body submits notice to the office of the attorney general and ends not later than the seventh day after the date the governmental body submits that notice; 9. provides that a governmental body may extend the initial suspension period described in item (7), above, for one period of time not to exceed seven consecutive days, if the governing body determines that the governing body is still impacted by the catastrophe on which the initial suspension period was based and notice of the extension is submitted to the office of the attorney general in a form prescribed by the office; 10. requires that a governmental body that suspends the applicability of the requirements of the Act to: (a) provide notice to the public of the suspension in a place readily accessible to the public and in each other location the governmental body is required to post a notice of a meeting under the Open Meetings Act; and (2) maintain the notice of suspension during the suspension period; 11. provides that a request for public information received by a governmental body during a suspension is considered to have been received by the governmental body on the first business day after the date the suspension period ends; 12. tolls the requirements of the Act related to a request for public information received by a governmental body before the date the initial suspension period begins until the first business day after the date the suspension period ends; and 13. requires the office of the attorney general to continuously post on its website each notice submitted to the office from the date the office receives the notice until the first anniversary of that date. (Effective September 1, 2019.) S.B. 943 (Watson/Capriglione) Public Information Act: makes various changes related to provides that: 1. an economic development entity whose mission or purpose is to develop and promote the economic growth of a state agency or political subdivision with which the entity contracts $1 million or more in public funds from a single state agency or political subdivision in the current or preceding state fiscal year; or (ii) the entity: (A) either: (I) does not have 27 the authority to make decisions or recommendations on behalf of a state agency or political subdivision regarding tax abatements or tax incentives; or (II) does not require an officer of the state agency or political subdivision to hold office as a member of the board of directors of the entity; (B) does not use staff or office space of the state agency or political subdivision for no or nominal consideration, unless the space is available to the public; (C) to a reasonable deg (D) provides at least quarterly public reports to the state agency or political subdivision regarding work performed on behalf of the state agency or political subdivision; 2. governmental body or sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor: (a) information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; (b) solicitation or bid documents relating to a contract with a governmental body; (c) communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract; (d) documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vendor, or potential contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and (e) communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body; 3. contracting information is public and must be released unless excepted from disclosure under this chapter; 4. the exceptions to disclosure provided by the trade secrets and commercial and financial information and proprietary information sections in the Act do not apply to: (a) certain state contracts; (b) the following contract or offer terms or their functional equivalent: (i) any term describing the overall or total price the governmental body will or could potentially pay, including overall or total value, maximum liability, and final price; (ii) a description of the items or services to be delivered with the total price for each if a total price is identified for the item or service in the contract; (iii) the delivery and service deadlines; (iv) the remedies for breach of contract; (v) the identity of all parties to the contract; (vi) the identity of all subcontractors in a contract; (vii) the affiliate overall or total pricing for a vendor, contractor, potential vendor, or potential contractor; (viii) the execution dates; (ix) the effective dates; and (x) the contract duration terms, including any extension options; or (c) information indicating whether a vendor, contractor, potential vendor, or potential contractor performed its duties under a contract, including information regarding: (i) a breach of contract; (ii) a contract variance or exception; (iii) a remedial action; (iv) an amendment to a contract; (v) any assessed or paid liquidated damages; (vi) a key measures report; (vii) a progress report; and (viii) a final payment checklist; 5. information described by (b)(i) and (ii), in (4), above, and relates to a retail electricity contract may not be disclosed until the delivery start date; 6. information is excepted from disclosure if a governmental body demonstrates that release of the information would harm its interests by providing an advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive 28 situation where the governmental body establishes the situation at issue is set to reoccur or there is a specific and demonstrable intent to enter into the competitive situation again in the future; 7. technical, economic, or engineering information, and any formula, design, prototype, pattern, plan, compilation, program device, program, code, device, method, technique, process, procedure, financial data, or list of actual or potential customers or suppliers, whether tangible or intangible and whether or however stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if: (a) the owner of the trade secret has taken reasonable measures under the circumstances to keep the information secret; and (b) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information; 8. except as provided by (3) and (4), above, information is excepted from disclosure if it is demonstrated based on specific factual evidence that the information is a trade secret; 9. except as provided by (3) and (4), above, commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained is excepted from disclosure; 10. except as provided by (3) and (4), above, information submitted to a governmental body by a vendor, contractor, potential vendor, or potential contractor in response to a request for a bid, proposal, or qualification is excepted from disclosure if the vendor, contractor, potential vendor, or potential contractor that the information relates to demonstrates based on specific factual evidence that disclosure of the information would: (a) reveal an individual approach to: (i) work; (ii) organizational structure; (iii) staffing; (iv) internal operations; (v) processes; or (vi) discounts, pricing methodology, pricing per kilowatt hour, cost data, or other pricing information that will be used in future solicitation or bid documents; and (b) give advantage to a competitor; 11. the exception to disclosure provided by (10), above, does not apply to: (a) information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; or (b) communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body; 12. the exception to disclosure provided by (10), above, may be asserted only by a vendor, contractor, potential vendor, or potential contractor for the purpose of protecting the interests of the vendor, contractor, potential vendor, or potential contractor; 13. a governmental body shall decline to release information related to privacy or property interests of a third party to the extent necessary to allow a vendor, contractor, potential vendor, or potential contractor to assert the exception to disclosure provided by (10), above; 14. an economic development entity whose mission or purpose is to develop and promote the economic growth of a state agency or political subdivision with which the entity contracts may assert the economic development exception in current law with a third-party 29 submission with respect to information that is in the economic custody or control; 15. a requestor may file suit for a writ of mandamus compelling a governmental body or an entity to comply with the requirements of (16)-(21), below; 16. an entity that is not a governmental body that executes a contract with a governmental body that has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body or that results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body in a fiscal year of the governmental body is subject to the following in relation to a written request for public information received by a governmental body for contracting information related to the contract that is in the custody or possession of the entity and not maintained by the governmental body: (a) a governmental body that receives a written request for information shall request that the entity provide the information to the governmental body; (b) the governmental body must send the request in writing to the entity not later than the third business day after the date the governmental body receives the written request; (c) notwithstanding other provisions in the Act: (i) a request for an ion to determine whether contracting information subject to a written request falls within an exception to disclosure is considered timely if made not later than the 13th business day after the date the governmental body receives the written request; (ii) the statement and copy is considered timely if provided to the requestor not later than the 13th business day after the date the governmental body receives the written request; (iii) a submission is considered timely if submitted to the attorney general not later than the 18th business day after the date the governmental body receives the written request; and (iv) a copy is considered timely if sent to the requestor not later than the 18th business day after the date the governmental body receives the written request; (d) the presumption in current law that information is considered public if a deadline is missed does not apply if a governmental body: (i) makes a good faith effort to obtain the information from the contracting entity; (ii) is unable to meet a deadline because the contracting entity failed to provide the information to the governmental body not later than the 13th business day after the date the governmental body received the written request for the information; and (iii) if applicable, complies with the requirements of not later than the eighth business day after the date the governmental body receives the information from the contracting entity; 17. a contract described by (16), above, must require a contracting entity to: (a) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (b) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (c) on completion of the contract, either: (i) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (ii) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body; 18. a bid for a contract described by (16), above, and the contract must include the following 30 r vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter; 19. a governmental body may not accept a bid for a contract described by (16), above, or award the contract to an entity that the governmental body has determined has knowingly or intentionally failed to comply with the bill in a previous bid or contract unless the governmental body determines and documents that the entity has taken adequate steps to ensure future compliance with the requirements of the bill; 20. a governmental body that is the party to a contract described by (16), above, shall provide notice to the entity that is a party to the contract if the entity fails to comply with a requirement of the bill applicable to the entity; 21. a governmental body may terminate a contract described by (16), above, if: (a) the governmental body provides notice to the entity that is party to the contract; (b) the contracting entity does not cure the violation; (c) the governmental body determines that the contracting entity has intentionally or knowingly failed to comply with a requirement of the bill; and (d) the governmental body determines that the entity has not taken adequate steps, as defined by the bill, to ensure future compliance with the bill; 22. nothing in the bill prevents a governmental body from including and enforcing more stringent requirements in a contract to increase accountability or transparency; and 23. the bill does not create a cause of action to contest a bid for or the award of a contract with a governmental body. (Effective January 1, 2020.) S.B. 944 (Watson/Capriglione) Public Information Act/Temporary Custodians: makes various changes to the Public Information Act. 1. employee of a governmental body who, in the transaction of official business, creates or receives public information that the officer or employee has not provided to the officer for public information of the ) include a former officer or employee of a governmental body who created or received public information in their official capacity that has not been provided to the officer for public information of the governmental body 2. a current or former officer or employee of a governmental body who maintains public information on a privately owned device shall: (a) forward or transfer the public information to the governmental body or a governmental body server to be preserved as other public information; or (b) preserve the public information in its original form in a backup or archive and on the privately owned device for the time required by current law; 3. laws governing the preservation, destruction, or other disposition of records or public information apply to records and public information held by a temporary custodian; 4. each officer for public information shall, in addition to the requirements in current law, make reasonable efforts to obtain public information from a temporary custodian if: (a) the information has been requested from the governmental body; (b) the officer for public information is aware of facts sufficient to warrant a reasonable belief that the temporary 31 custodian has possession, custody, or control of the information; (c) the officer for public information is unable to comply with their duties in obtaining the information from the temporary custodian; and (d) the temporary custodian has not provided the information to t; 5. a current or former officer or employee of a governmental body does not have, by virtue public information the officer or employee created or received while acting in an official capacity; 6. a temporary custodian with possession, custody, or control of public information shall surrender or return the information to the governmental body not later than the 10th day after the date the officer for public information of agent requests the temporary custodian to surrender or return the information; 7. disciplinary action by the governmental body that employs the temporary custodian or any other applicable penalties provided by the PIA or other law; and 8. for purposes of deadlines related to information surrendered or returned to a governmental body by a temporary custodian, the governmental body is considered to receive the request for that information on the date the information is surrendered or returned to the governmental body. With regard to general changes to the Act, the bill provides that: 1. information obtained by a governmental body that was provided by an out-of-state health care provider in connection with a quality management, peer review, or best practices program that the out-of-state health care provider pays for is confidential; 2. Safety Code is not public information and is not subject to disclosure; 3. a person may make a written request for public information under this chapter only by delivering the request by one of the following methods to the applicable officer for public information or a person designated by that officer: (a) United States mail; (b) electronic mail; (c) hand delivery; or (d) any other appropriate method approved by the governmental body, including facsimile transmission and electronic submission through the gov 4. for the purpose of (3)(d), above, a governmental body is considered to have approved a method only if the governmental body includes a statement that a request for public information may be made by that method on the sign required to be displayed by the 5. a governmental body may designate one mailing address and one electronic mail address for receiving written requests for public information and shall provide the designated mailing address and electronic mailing address to any person on request; 6. a governmental body that provides the information in (5), above, is not required to respond to a written request for public information unless the request is received: (a) at one of those addresses; (b) by hand delivery; or (c) by a method described by (3)(d), above, that has been approved by the governmental body; 7. the attorney general shall create a public information request form that provides a requestor the option of excluding from a request information that the governmental body 32 determines is: (a) confidential; or (b) subject to an exception to disclosure that the governmental body would assert if the information were subject to the request; and 8. a governmental body that allows requestors to use the form described by (7), above, and maintains a website shall post the form on its website. (Effective September 1, 2019.) S.B. 988 (Watson/Capriglione) Public Information: provides that, in a suit by a governmental body to withhold information from a requestor, the court may assess costs of prevails only if the court finds the action or the defense of the action was groundless in fact or law. (Effective September 1, 2019.) S.B. 1494 (Paxton/Wu) Public Information: provides that: (1) the home address, home telephone number, emergency contact information, social security number, date of birth and family member information of the following are considered confidential under the personnel exceptions of the Public Information Act: (a) current or former child protective services caseworker, adult protective serves caseworker, or investigator for the Department of Family and these functions, and (b) state officers elected statewide and members of the legislature; and (2) the home address of the individuals named in (1)(a) and (1)(b), above, is considered confidential in appraisal records if the individuals chooses to restrict public access on the prescribed form. (Effective Immediately.) S.B. 1640 (Watson/Phelan) Open Meetings Act Criminal Conspiracy: this bill addresses the Texas Court of Criminal Appeals opinion in Doyal v. State (1) governmental body, or between a quorum of a governmental body and another person, concerning an issue within the jurisdiction of the governmental body; (2) retitles the criminal f and (3) provides that a member of a governmental body commits an offense if the member: (a) knowingly engages in at least one communication among a series of communications that each occur outside of a meeting and that concern an issue within the jurisdiction of the governmental body in which the members engaging in the individual communications constitute fewer than a quorum of members but the members engaging in the series of communications constitute a quorum of members; and (b) knew at the time the member engaged in the communication that the series of communications: (i) involved or would involve a quorum; and (ii) would constitute a deliberation once a quorum of members engaged in the series of communications. (Effective Immediately.) Other Finance and Administration Bills H.B. 5 (Phelan) Disaster Recovery: provides that: (1) the Texas Division of Emergency Management (Division) shall, in consultation with any other state agencies selected by the 33 Division, develop a catastrophic debris management plan and model guide for use by political subdivisions in the event of a disaster; (2) the Texas A&M Engineering Extension Service shall establish a training program for state agencies and political subdivisions on the use of trench burners in debris removal; (3) the Division, in consultation with the Federal Emergency Management Agency, shall develop and publish a model contract for debris removal services to be used by political subdivisions following a disaster; (4) the Division shall consult with comptroller to establish appropriate contracting standards and contractor requirements to include in the model contract and include a contract for debris removal services on the schedule of multiple award contracts or in another cooperative purchasing program administered by the comptroller; (5) a wet debris study group consisting of representatives of the Division, any other selected state agencies, and local and federal governmental entities shall be established for the purpose of studying issues related to removal of wet debris, including best practices for clearing wet debris following a disaster and determining responsibility for that removal; and (6) a work group consisting of representatives of the Division, any other selected agencies, and local governmental entities shall be established for the purpose of conducting a study on local restrictions that impede disaster recovery efforts, including efforts to remove debris and erect short-term housing; and (7) the work study described in Item (6) above must include: (a) an overview of official actions by governing bodies of political subdivisions and requirements disaster recovery efforts in the state; and (b) recommendations for minimizing the effect of the official actions and said requirements on state and federal disaster recovery efforts in this state. (Effective September 1, 2019.) H.B. 6 (Morrison) Disaster Recovery: this bill: 1. requires a person who is designated as an emergency management coordinator by the presiding officer of a county with a population of 500,000 or more to complete mandated emergency management training not later than March 1, 2020; 2. provides that the Texas Division of Emergency Management shall develop a disaster recovery task force to operate throughout the long-term recovery period following natural and man-made disasters by providing specialized assistance for communities and individuals to address financial issues, available federal assistance programs, and recovery and resiliency planning to speed recovery efforts at the local level; 3. provides that the disaster recovery task force shall develop procedures for preparing and issuing a report listing each project related to a disaster that qualifies for federal assistance, and such report must be submitted to the appropriate federal agencies as soon as practicable after any disaster; 4. provides that, no later than January 1, 2020, the emergency management program that a county is required to maintain, or participate in, must provide for catastrophic debris management; 5. provides that beginning with the state fiscal year beginning on September 1, 2021, and ending on September 1, 2031, the comptroller shall, not later than September 30 of each state fiscal year: (a) compute, with limited exceptions, the amount of revenue derived from the collection of hotel occupancy taxes at a rate of two percent and received from hotels located in any county adjacent to the Gulf of Mexico or the 34 Corpus Christi Bay; and (b) transfer that amount to the coastal erosion response account (Account) created under the Natural Resources Code; and 6. provides that revenue transferred to the Account may be appropriated only to the General Land Office for a purpose that is consistent with Chapter 33 of the Natural Resources Code, that benefits a coastal county described in Item (5), above. (Effective September 1, 2019.) H.B. 7 (Morrison) Disaster Preparation existing resources, shall compile and maintain a comprehensive list of regulatory statutes and rules that may require suspension during a disaster; (2) on request b state agency that would be impacted by the suspension of a statute or rule on the list compiled that should be added to the list; (3) the Texas Division on Emergency Management (Division), in consultation with other state agencies, shall develop a plan to assist political subdivisions with executing contracts for services that political subdivisions are likely to need following a disaster; (4) the plan must include: (a) training on the benefits to a political subdivision of executing disaster preparation contracts in advance of a disaster; (b) recommendations on the services political subdivisions are likely to need following a disaster, including debris management and infrastructure repair; and (c) assistance to political subdivisions with finding persons capable of providing such services and executing contracts with those persons in advance of a disaster; and (5) the Division shall consult with the comptroller regarding including a contract for services a political subdivision is likely to need following a disaster, including debris management and infrastructure repair, on the schedule of multiple award contracts or as part of another cooperative purchasing agreement administered by the comptroller. (Effective September 1, 2019.) H.B. 234 (Krause/Nelson) Sale of Lemonade: provides that a city, county, or other local public health authority may not adopt or enforce an ordinance, order, or rule that prohibits including by requiring a license, permit, or fee the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property or in a public park by an individual younger than 18 years of age. (Effective September 1, 2019.) H.B. 410 (White/Johnson) Rabbit Meat/Poultry: this bill: (1) defines a -volume or more than 1,000 but fewer than 10,000 poultry in a calendar year; and (b) does not include an establishment that processes 1,000 or fewer poultry raised by the operator of the establishment in a calendar year; and (2) provides that a low-volume livestock processing establishment that is exempt from federal inspection and processes fewer than 500 domestic rabbits in a calendar year is not required register with the state or develop a sanitary procedures plan and: (a) is not subject to additional state regulation; and (c) may sell poultry products directly to consumers. (Effective September 1, 2019.) H.B. 440 (Murphy/Lucio) Local Debt: this bill, among other things: (1) requires a political subdivision that maintains a website to include any sample ballot prepared for a general the 21 days before the election, along with the election order, notice of the election, and contents 35 of the proposition; (2) provides that a political subdivision may not issue a general obligation bond to purchase, improve, or construct improvements or to purchase personal property if the weighted average maturity of the issue of bonds to finance the improvements or personal property exceeds 120 percent of the reasonably expected weighted average economic life of the improvements and personal property financed with the issue of bonds; (4) provides that a political subdivision other than a school may use the unspent proceeds of issued general obligation bonds only: (a) for the specific purpose for which the bonds were authorized; (b) to retire the bonds; or (c) for a purpose other than the specific purpose for which the bonds were issued if: (i) the specific purpose is accomplished or abandoned; and (ii) a majority of the votes cast in an election held in the political subdivision approve the use of the proceeds for the proposed purpose; (5) requires the election order and the notice of the election for an election authorized to be held under (4)(c), above, to state the proposed purpose for which the bond proceeds are to be used; and (6) requires a political subdivision to hold the election under (4)(c), above, in the same manner as an election to issue bonds in the political subdivision. (Effective September 1, 2019.) H.B. 477 (Murphy/Bettencourt) Local Debt: this bill: 1. requires the document ordering an election to authorize a political subdivision to issue debt obligations to distinctly state the aggregate amount of the outstanding interest on debt obligations of the political subdivision as of the date the election is ordered, which may be based on the pol obligations; 2. requires the ballot for a measure seeking voter approval of the issuance of debt obligations by a political subdivision to specifically state: (a) a general description of the purposes for which the debt obligations are to be authorized; (b) the total principal amount of the debt obligations to be authorized; and (c) that taxes sufficient to pay the principal of and interest on the debt obligations will be imposed; 3. requires a political subdivision with at least 250 registered voters to prepare a voter information document for each proposition to be voted on at the election; 4. requires the voter information document to be posted: (a) on election day and during early voting in a prominent location at each polling place; (b) not later than the 21st day before the election, in three public places in the boundaries of the political subdivision holding the election; and (c) during the 21 days before the election, on the political subdivi 5. authorizes a political subdivision to include the voter information document in the debt obligation election order; 6. requires the voter information document to distinctly state: (a) the language that will appear on the ballot; (b) the following information formatted as a table: (i) the principal of the debt obligations to be authorized; (ii) the estimated interest for the debt obligations to be authorized; (iii) the estimated combined principal and interest required to pay on time and in full the debt obligations to be authorized; and (iv) as of the date the political subdivision adopts the debt election order: (A) the principal of all outstanding debt obligations of the political subdivision; (B) the estimated remaining interest on all outstanding debt obligations of the political subdivision, which may be based on the 36 obligations; and (C) the estimated combined principal and interest required to pay on time and in full all outstanding debt obligations of the political subdivision, which may variable rate debt obligations; (c) the estimated maximum annual increase in the amount of taxes that would be imposed on a residence homestead with an appraised value of $100,000 to repay the debt obligations (based upon assumptions made by the governing body of the political subdivision); and (d) any other information that the political subdivision considers relevant or necessary to explain the information required to be included in the voter information document; 7. requires the political subdivision to identify in the debt obligation order the major assumptions made in connection with the statement in Section 6(c), above, including: (a) debt obligations and the proposed debt obligations; (b) changes in estimated future appraised values within the political subdivision; and (c) the assumed interest rate on the proposed debt obligations; 8. requires a political subdivision that maintains a website to provide the information in Section 6, above, on its website in an easily accessible manner beginning not later than st the 21 day before election day and ending on the day after the date of the debt obligation election; 9. extends the timeframe to publish newspaper notice of intention to issue a certificate of obligation (CO) from 30 to 45 days before the passage of the ordinance; 10. requires an issuer of COs that maintains a website to continuously post notice of intention to issue a CO on its website for at least 45 days before the passage of the CO issuance ordinance; and 11. requires that the notice of intention to issue a CO include the following information: (a) the then-current principal of all outstanding debt obligations of the issuer; (b) the then- current combined principal and interest required to pay all outstanding debt obligations of the interest due on any variable rate debt obligations; (c) the maximum principal amount of the COs to be authorized; (d) the estimated combined principal and interest required to pay the COs to be authorized on time and in full; (e) the estimated interest rate for the COs to be authorized or that the maximum interest rate for the certificates may not exceed the maximum legal interest rate; and (f) the maximum maturity date of the COs to be authorized. (Effective September 1, 2019.) H.B. 541 (Gonzalez/Zaffirini) Breast Milk Expressing: provides that a mother is entitled to (Effective September 1, 2019.) H.B. 687 (Guillen/Perry) Rock Climbing: includes rock climbing in the definition of the term recreational use statute for tort liability purposes. (Effective immediately.) H.B. 791 (Huberty/Flores) Motor Fuels Tax: defines a volunteer fire department, for purposes of certain motor fuel tax exemptions, as a fire department operated by its members, 37 including a part-paid fire department composed of at least 50 percent volunteer firefighters, that is operated on a not-for-profit basis, including a department that is exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization in Section 501(c)(3) or (4) of that code. (Effective immediately.) H.B. 914 (S. Thompson/Zaffirini) Bingo Prize Fees: revises the regulation of bingo games to: (1) provide that the Texas Lottery Commission (rather than the licensee) must give a city and a city police department notice of issuance of a license; (2) require that a licensed organization collect from a person who wins a cash bingo prize of more than $5 a fee in the amount of 5 percent of the amount of the prize (current law is not limited to cash prizes); (3) provide that a licensee that collects a bingo prize fee in a county or city that was entitled to receive a portion of the fee as of January 1, 2019 must: (a) remit 50 percent of the prize fee to the Texas Lottery Commission; and (b) remit 50 percent to: (i) the county that votes to impose the fee before November 1, 2019; (ii) the city that votes to impose the fee before November 1, 2019; (iii) the county and city, in equal shares, provided that each votes to impose the fee before November 1, 2019; or (iv) if neither the county nor city votes before November 1, 2019, to impose the prize y to vote to discontinue the imposition of a bingo prize fee; (5) provide that a county or city may receive a portion of the bingo prize fee only if: (a) the county or city was entitled to receive a portion of the fee as of January 1, 2019; and (b) the governing body of the county or city: (i) by majority vote of the governing body approves the continued receipt of funds and notifies the Texas Lottery Commission of that decision not later than November 1, 2019; and (ii) notifies each licensed organization w imposition of the fee; and (6) require the Texas Lottery Commission to notify the governing body of a city or county of the requirement for continued receipt of the prize fee not later than October 1, 2019. (Effective January 1, 2020, except that (4), above, is effective September 1, 2019.) H.B. 1070 (Price/Watson) Local Mental Health Authorities: provides that a local mental health authority, as part of a report that is required to be provided to the Health and Human Service Commission, is required to also include: (1) the number of trainers who left the mental health first aid trainer program for any reason during the preceding fiscal year, and the number of active trainers; and (2) the number of university employees, school district employees, and school resources officers who completed a mental health first aid training program offered by the local mental health authority during the preceding fiscal year categorized by local mental health authority region, university or school district, as applicable, and category of personnel. (Effective December 1, 2019.) H.B. 1140 (T. King/Zaffirini) Governmental Vehicle Storage Facility: this bill: (1) allows the Texas Commission on Licensing and Regulation to, each odd-numbered year (and not later than November 1), adjust the impoundment fee charged by a governmental vehicle storage facility to an amount equal to the amount of the fee on December 31 of the preceding year multiplied by the percentage increase or decrease in the consumer price index during the preceding state fiscal biennium; and (2) provides that, if the fee is decreased under (1), a governmental vehicle storage facility must begin charging the adjusted fee on the effective date 38 of the decrease, and if the fee is increased, the facility may begin charging the adjusted fee any time on or after the effective date of the increase. (Effective immediately.) H.B. 1307 (Hinojosa/Huffman) Disaster Case Management: provides that: (1) the Texas Division of Emergency Management (Division) shall, subject to the availability of funds, contract with a vendor to develop and maintain an electronic disaster case management system; (2) the system may be used for case management during and after a disaster by persons selected by the Division, including, among others, persons affected by a disaster and a municipality or county affected by the disaster; (3) the system may include the capability for a person affected by a disaster to apply for assistance from multiple sources and allow the person to control which other users of the system have access to information submitted by the person to the system; and (4) information collected or maintained by the system that could identify a person affected by a disaster is confidential and not subject to disclosure under the Texas Public Information Act, but may disclosed to a governmental body for the purpose of disaster relief or recovery. (Effective September 1, 2019.) H.B. 1325 (T. King/Perry) Hemp Production: (1) regulates the production of hemp and the products made from hemp; (2) gives the state primary regulatory authority over the production of hemp; (3) provides that an application to participate in the state hemp program as a hemp grower or hemp product manufacturer must include written consent allowing local law enforcement agencies, as well as other agencies, to enter onto all premises where hemp is cultivated, processed, or stored to conduct a physical inspection or to ensure compliance with the bill and rules adopted under the bill; and (4) prohibits a city, county, or other political subdivision of this state from enacting, adopting, or enforcing a rule, ordinance, order, resolution, or other regulation that prohibits the cultivation, handling, transportation, or sale of hemp as authorized by the bill. (Effective immediately.) H.B. 1342 (Leach/Hinojosa) Occupational Licensing: provides that: (1) if a licensing authority determines that a criminal conviction directly relates to the duties and responsibilities compliance with any conditions of community supervision, parole, or mandatory supervision in determining whether to revoke, suspend, or deny a license; (2) a licensing authority may not prior conviction of an offense unless the licensing authority: (a) provides written notice to the person of the reason for the intended denial; and (b) allows the person not less than 30 days to submit any relevant information to the licensing authority; (3) a notice required under (2) must contain, as applicable: (a) a statement that the person is disqualified from receiving the license or e specified in the notice; or (b) a statement that: (i) the final decision of the licensing authority to deny the person a license or the opportunity to be examined for the license will be based on factors authorized by state law; and (ii) it is the person licensing authority evidence regarding the factors; (4) the state auditor shall, in collaboration with licensing authorities, develop a guide of best practices for an applicant with a prior conviction to use when applying for a license; and (5) the state auditor shall publish the guide on 39 cities that act as a licensing authority. Each city should consult local legal counsel regarding the applicability of this bill.)(Effective September 1, 2019.) H.B. 1442 (Paddie/Hall) Office of Consumer Credit Commissioner: this bill, among other things, continues the functions of the Office of Consumer Credit Commissioner and the licensing and registration of persons regulated by that state agency until September 1, 2031. (Effective September 1, 2019.) H.B. 1495 (Toth/Creighton) Lobby Reporting/Budgeting: provides, among other things, that: (1) the contracts disclosure requirements from H.B. 1295 (2015) apply to a contract for services that would require a person to register as a lobbyist under state law, regardless of whether such contract: (a) requires an action or vote by the governing body of the city before the contract may be signed; or (b) has a value of at least $1 million; and (2) the proposed budget of a political subdivision must include, in a manner allowing for as clear a comparison as practicable between those expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year, a line item indicating expenditures for: (a) notices required by law to be published in a newspaper by the political subdivision or a representative of the political subdivision; and (b) directly or indirectly influencing or attempting to influence the outcome of immediately.) H.B. 1694 (Lambert/Johnson) F: this bill: (1) prohibits a local government authority, including a local health department, from: (a) requiring a person to obtain a permit in demonstration for educational purposes or providing samples of food; (2) provides that a local government authority may: (a) perform an inspection to enforce the requirements of the bill for to obtain a permit under the chapter to offer for sale or distribution to consumers food cooked at n foods; and (4) provides that the provisions above do not apply to a person who provides samples H.B. 1960 (Price/Perry) Broadband Development Council: provides for the creation of the and development in unserved areas; (2) identify barriers to residential and commercial broadband deployment in unserved areas; (3) study technology-neutral solutions to overcome barriers identified; (4) analyze how statewide access to broadband would benefit economic development, the delivery of educational opportunities in higher and public education, state and local law enforcement, state emergency preparedness, and the delivery of health care services, including telemedicine and telehealth; and (5) to report its findings and recommendations to the governor, the lieutenant governor, and each member of the legislator. (Effective immediately.) 40 H.B. 1962 (Lambert/Hall) TSLAC/Record Retention: this bill: (1) continues the functions of the Texas State Library and Archives Commission (TSLAC) until September 1, 2031; (2) provides that a local government must: (a) submit to the TSLAC director and librarian the name of the records management officer; (b) file a plan or ordinance establishing a records management program with the TSLAC director and librarian; (c) notify TSLAC at least 10 days before destroying a local government record that does not appear on a records retention schedule issued by TSLAC; and (d) file with the TSLAC director and librarian a written certification that the local government has prepared a records control schedule that establishes a retention period for each local government record and complies with the TSLAC schedules and any other state or federal requirements; and (3) repeals various state laws that require TSLAC involvement in city record retention, including requirements in current law that a local records control schedule be filed with the TSLAC director and librarian, that the director and librarian approve a list of obsolete records, and that an electronic storage authorization request be approved by TSLAC. (Effective September 1, 2019.) H.B. 2059 (Blanco/Taylor) Human Trafficking Prevention Training: requires human trafficking prevention training as a condition of registration of a permit or license renewal for certain health care practitioners, including: (1) individuals (other than physicians and nurses) who hold a license, certificate, permit, or other authorization issued under Title 3, Occupations Code, and who provide direct patient care (e.g., midwives, dieticians); (2) physicians who submit an application for renewal of a registration permit and who designate a direct patient care practice; and (3) nurses who submit an application for renewal of a license to practice nursing and provide direct patient care. (Effective September 1, 2019.) H.B. 2119 (Cortez/Campbell) Defense Communities: provides that a defense community awarded a loan of financial assistance from the Texas military value revolving loan account for an eligible project may use a portion of the loan proceeds to pay off other debt, including commercial debt, that the defense community incurred for purposes of financing the project. (Effective September 1, 2019.) H.B. 2315 (E. Thompson/Kolkhorst) Manufactured Homes: provides that: (1) state law requirements related to the issuance of a title and statements of ownership shall not apply to the purchase of a manufactured home by a federal governmental agency for the purpose of providing temporary housing in response to a natural disaster or other declared emergency; (2) the Texas Department of Motor Vehicles (Department) shall establish a process to automatically issue a title to a government agency for a travel trailer used by the government agency to provide temporary housing in response to a natural disaster or other declared emergency; and (3) the Department may provide for the issuance of a title for a travel trailer described in item (2) above that is owned or operated by the United States or transferred to a state agency from the United States. (Effective September 1, 2019.) H.B. 2325 (Metcalf/Hancock) Communications During Disaster: this bill provides that: 1. the Texas Division of Emergency Management (Division), in consultation with the Texas A&M AgriLife Extension Service, shall coordinate state and local government efforts to 41 make 9-1-1 emergency service capable of receiving text messages from a cellular telephone or other wireless communication device; 2. the Division, in consultation with any state agency or private entity the Division determines is appropriate, shall develop standards for the use of social media as a communication tool by governmental entities during and after a disaster; 3. such standards must: (a) require state agencies, political subdivisions, first responders, and volunteers that use social media during and after a disaster to post consistent and clear information: (b) optimize the effectiveness of social media use during and after a disaster; and (c) require that certain official social media accounts be used during and after a disaster only for providing credible sources of information; 4. the Division shall develop a mobile application for wireless communication devices to communicate critical information during a disaster directly to disaster victims and first responders; 5. the mobile application may provide information on: (a) road and weather conditions during a disaster; and (b) disaster response and recovery activities; 6. the Division shall develop a comprehensive disaster web portal that must: (a) provide disaster information to the public, including information on programs and services available to disaster victims and funding for and expenditures of disaster assistance programs; (b) provide information on disaster response and recovery activities; and (c) provide information on obtaining assistance from the Federal Emergency Management Agency, state agencies, organized volunteer groups, and any other entities providing disaster assistance; 7. to the extent feasible, the Division shall use data analytics software to integrate data from federal, state, local and nongovernmental sources to more effectively manage disaster response and recovery; 8. the Division shall conduct a study on the use of a standard communication format by first responders to create a common interoperable operating framework during a disaster; 9. to the extent practicable, municipalities, among other entities, shall conduct community outreach, including public awareness campaigns, and education activities on disaster preparedness each year; 10. a public safety entity, including a city, may purchase information technology commodity items through the Department of Information Resources (DIR) if the entity finds the purchase of those commodities will assist the entity in providing disaster education or preparing for a disaster; 11. a public safety entity may contract with DIR for use of state consolidated telecommunications system if the entity finds that use of the system will assist the entity in providing disaster education or preparing for a disaster; and 12. the Texas Information and Referral Network must: (a) be capable of assisting with statewide disaster response and emergency management, including through the use of interstate agreements with out-of-state call centers to ensure preparedness and responsiveness; (b) include technology capable of communicating with clients of state and local agencies using electronic text messaging; and (c) include a publicly accessible Internet-based system to provide real-time, searchable data about the location and number of clients of state and local agencies using the system and the types of requests made by the clients. 42 (Effective September 1, 2019.) H.B. 2330 (Walle/Lucio) Disaster Case Management: requires that the Health and Human Services Commission and the Texas Division of Emergency Management conduct a study to determine the feasibility of developing an intake system and case management system for state and federal disaster assistance. (Effective immediately.) H.B. 2340 (Dominguez/Johnson) Emergency and Disaster Management: this bill: (1) provides that one of the purpose of Texas Disaster Act of 1975 is to encourage the adoption of the goals of the strategic plan of the Federal Emergency Management Agency for preparing for, responding to, and recovering from a disaster that emphasizes cooperation among federal agencies, state agencies, local governments, and other nonprofit and private entities; (2) establishes the unmanned aircraft study group to study issues related to the appropriate use of unmanned aircraft in responding to and recovering from a disaster; (3) establishes a work group of state agencies involved in disaster management to develop recommendations for improving the manner in which electronic information is stored by and shared among stated agencies and between state agencies and federal agencies; (4) establishes a permitting task force comprised of various state agencies to be activated if a state of disaster is declared because of weather conditions for the purpose of expediting environmental permitting and access to funds from federal disaster relief programs following the disaster; and (5) provides that the Office of State- Federal Relations Advisory Policy Board, in consultation with the Texas Division of Emergency Management, shall: (a) study federal law and policies related to issues affecting the ability of federal agencies, state agencies, and local governments to cooperate in responding to a disaster, including procurement issues, housing assistance, information sharing, personnel, and federal disaster programs; and (b) make recommendations to improve federal laws and policies related to such issues. (Effective September 1, 2019.) H.B. 2345 (Walle/Hinojosa) Disaster Mitigation: creates the Institute for Disaster Resilient Texas as a component of Texas A&M University to: (1) develop data analytic tools to support disaster planning, mitigation, response, and recovery by the state, political subdivisions, and the public; (2) create and maintain web-based analytical and visual tools to communicate disaster risks and ways to reduce those risks, including tools that work on the level of individual parcels of land; (3) provide evidence-based information and solutions to aid in the formation of state and local partnerships to support disaster planning, mitigation, response, and recovery; (4) collect, display, and communicate comprehensive flood-related information, including applicable updated inundation maps, for use by decision-makers and the public; and (5) collaborate with institutions of higher education, state agencies, local governments, and other political subdivisions to accomplish the purposes of the bill. (Effective immediately.) H.B. 2364 (Darby/Perry) Statewide Technology Centers: applies state law governing the provision of information resources by the Department of Information Resources through statewide technology centers (i.e., Government Code Chapter 2054, Subchapter L) to electronic messaging services and outsourced managed services that are: (1) obtained by a state agency using state funds; (2) used by a state agency; or (3) used by a participating local government. (Effective September 1, 2019.) 43 H.B. 2617 (Cole/Alvarado) Fiscal Year: provides that political subdivisions, other than certain special districts, created on or after September 1, 2019, and that have the authority to impose a tax, must have the same fiscal year as the county in which the political subdivision is wholly or primarily located. (Effective September 1, 2019.) H.B. 2634 (Flynn/Hughes) Cemetery Location: provides that, when determining the distance from the boundaries of a city where an individual, corporation, partnership, firm, trust, or association may establish or operate a cemetery, the boundary of an annexed area is not considered to be a boundary of the city if the annexed area cannot be developed as residential or commercial property and is primarily used for flood control. (Effective September 1, 2019.) H.B. 2730 (Leach/Hughes) Texas Citizens Participation Act (anti-SLAPP law): this bill: (1) revises various definitions in the Texas Citizens Participation Act (TCPA), including the definition o to motions to dismiss legal actions under the TCPA, including prohibiting a governmental entity or an official or employee acting in an official capacity from filing certain such motions; (3) adds legal actions that are exempt from the TCPA, including a legal action brought under the Texas Whistleblower Act; and (4) specifies that the TCPA applies in cases involving the free speech rights of persons involved in media and artistic endeavors, consumer reviews of businesses, and victims of certain criminal acts. (Effective September 1, 2019.) H.B. 2755 (Price/Alvarado) Public Health District Fees: provides that: (1) a public health district can charge fees for issuing and renewing permits that do not exceed the amount public health district in which at least part of the district is in a county with a population of at least 2.8 million shall set the fees for issuing and renewing various permits or for performing inspections in an amount that does not exceed the amount necessary to recover the annual expenditures by the district for permitting, inspecting facilities, and administering permits, inspections, and rules adopted for those purposes; and (3) a public health district is required to establish a fee schedule for any fee collected and revise fee schedule as necessary. (Effective September 1, 2019.) H.B. 2794 (Morrison/Kolkhorst) Emergency Management: provides that, on September 1, 2019, the administration of the Texas Division of Emergency Management shall transfer from the Department of Public Safety to the Texas A&M University System. (Effective immediately.) H.B. 2826 (G. Bonnen/Huffman) Contingent Fee Legal Contracts: in regard to a political 1. requires the political subdivision to attempt to negotiate a contract: (a) with a well- qualified attorney or law firm on the basis of demonstrated competence, qualifications, and experience; and (b) at a fair and reasonable price; 2. allows the political subdivision to require an attorney or law firm to indemnify or hold harmless the political subdivision from claims and liabilities resulting from negligent acts or omissions of the attorney or firm, but not negligent acts or omissions of the political subdivision (this does not prevent an attorney or firm from defending a political 44 subdivision in accordance with a contract for the defense of negligent acts or omissions of the political subdivision); 3. requires the political subdivision to give written notice to the public of: (a) the reasons for pursuing the matter; (b) the competence, qualifications, and experience of the attorney or firm; (c) the nature of the relationship between the political subdivision and the attorney or firm; (d) the reason the legal services cannot be adequately performed by attorneys and personnel of the political subdivision; (e) the reason the contract cannot be based on the payment of hourly fees without contingency; and (f) the reason the contingent fee contract is in the best interest of the residents; 4. requires the contract be approved at an open meeting called for the purpose of considering the matters described in (3), above, and requires the political subdivision to make certain written findings in regard to those matters; 5. provides that the contract: (a) is public information and may not be withheld under any exception to disclosure; and (b) must be submitted to and approved by the attorney general before it is effective and enforceable (and repeals the requirement that such a contract must be approved by the comptroller); 6. allows contract in a State Office of Administrative Hearings contested case proceeding; 7. allows a political subdivision or its auditor to inspect or obtain copies of the time and expense records; 8. requires, at the conclusion of the matter, the contracting attorney or law firm to provide a public written statement describing the outcome of the matter, the amount of any recovery, the computation of the contingent fee, and final time and expense records; 9. provides that litigation and other expenses payable under the contract may be reimbursed 10. provides that a contract entered into or an arrangement made in violation of the procurement requirements for contingent fee contracts is void as against public policy and no fees may be paid to any person under the contract or any theory of recovery for work performed in connection with the void contract; and, 11. provides that a contract that is approved by the attorney general cannot later be declared void. (Effective September 1, 2019.) H.B. 3001 (Morrison/Birdwell) Special District Reporting: this bill, among other things, authorizes the comptroller to include in the debt reporting database a direct link to, or a clear statement describing the location of, any information posted separately on an Internet website that a state agency, the comptroller, or a political subdivision maintains or causes to be maintained instead or in addition to reproducing th website. (Effective September 1, 2019.) BL H.B. 3163 (Springer/Zaffirini) Accessible Parking Spaces: this bill provides that: (1) Texas Commission on Licensing and Regulation standards and specifications must provide the following: (a) if an accessible parking space is paved: (i) the international symbol of access must access aisle adjacent to the parking space; and (b) a sign identifying an accessible parking space 45 shall include a statement regarding the potential consequences of illegally parking a vehicle in the space, including the towing of the vehicle or the assessment of a fine or other penalty against the vehicle owner or operator; and (2) any accessible parking space or area designated by a political subdivision must conform with the standards and specifications described in Item (1), above. (Effective September 1, 2019.) H.B. 3365 (Paul/Alvarado) Disaster Assistance Liability: this bill clarifies that: (1) notwithstanding the provisions of the Texas Tort Claims Act, an entity and the authorized representative of the entity are not liable for the act or omission of a person providing care, assistance, or advice on request of an authorized representative of a local, state, or federal agency, including a fire department, a police department, an emergency management agency, and a disaster response agency; and (2) such immunity from liability is in addition to any other immunity or limitations of liability provided by law. (Effective immediately.) H.B. 3371 (Darby/Taylor) Battery-Charged Fences: provides that a city or county may not: (1) adopt or enforce an ordinance, order, or regulation that requires a permit for the installation or use of certain battery-charged fences; (2) impose installation or operational requirements for battery-charged fences that are inconsistent with the standards in the bill or those set by the International Electrotechnical Commission; or (3) prohibit the installation or use of battery- charged fences. (Effective September 1, 2019.) H.B. 3616 (Hunter/Lucio) Faith-Based Disaster Response Task Force: establishes a task force on faith-based disaster response to: (1) develop and implement a plan for improving data collection regarding faith-based organizations that participate in disaster response; (2) develop best practices for communicating, cooperating, and collaborating with faith-based organizations to strengthen disaster response in the state; (3) identify and address inefficiencies in disaster response provided by the state and faith-based organizations; and (4) identify and address gaps in state services that could be provided by faith-based organizations. (Effective immediately.) H.B. 3704 (S.Thompson/Zaffirini) Public Health Data: provides that: (1) the Department of State Health Services (DSHS) may enter into an agreement with a local public health entity that provides essential public health services to provide the entity access to: (a) identified public contiguous to the entity; and (b) deidentified public health data maintained by the department relating to the jurisdiction of any other local public health entity; (2) public health data obtained through the agreement may be used only in the provision of essential public health services; (3) public health data includes necessary identified public health data required for an infectious disease investigation; (4) DSHS must establish a review process for the consideration of public health data requests relating to essential public health service or public health research that is not related to (1), (2) and (3), above; (5) a local public health entity seeking public health data for review and consideration; and (5) a local public health entity receiving public health data from DSHS must maintain the integrity and security of the data and comply with state and federal privacy laws. (Effective September 1, 2019.) 46 H.B. 3754 (Burrows/West) Local Alcohol Permit and License Fees: authorizes a city to: (1) enter into a contract with a private attorney or a public or private vendor for the collection of an unpaid local permit or license fee that is more than 60 days past due; and (2) enter into an interlocal agreement with another entity authorized to levy a local permit or license fee for the collection of an unpaid fee that is more than 60 days past due. (Effective September 1, 2019.) H.B. 3834 (Caprigilone/Paxton) Cybersecurity Training: provides that: (1) the Department of Information Resources (DIR) with the cybersecurity council and industry stakeholders shall annually: (a) certify at least five cybersecurity training programs for state and local government employees; and (b) update standards for maintenance of certification by the cybersecurity training programs; (2) a certified training program must: (a) focus on forming information security habits and procedures that protect and procedures that protect information resources; (b) teach best practices for detecting, assessing, reporting, and addressing information security threats; (3) DIR may identify and certify training programs provided by state agencies and local governments that satisfy the above requirements; (4) DIR shall annually publish on the its website the list of certified cybersecurity training programs; (5) a local government that employs a dedicated information resources cybersecurity officer may offer to its employees a cybersecurity training program that satisfies the certified requirements described in (2); (6) at least once a year, a local government shall identify employees who have access to a local government computer system or database and require those employees and elected officials of the local government to complete a certified cybersecurity training program; and (6) the governing body of the local government may select the most appropriate certified cybersecurity training program for employees to complete and shall: (a) verify and report on the completion of a cybersecurity training program by employees of the local government to DIR; and (b) require periodic audits to ensure compliance. (Effective immediately.) H.B. 4347 (Anchia/Nelson) Hotel Occupancy Taxes: this bill, among other changes affecting the eligibility of certain cities to use tax revenue for hotel and convention center projects and other qualified projects, provides that a city may authorize a nonprofit corporation to act on tax revenue. (Effective September 1, 2019.) H.J.R. 4 (Phelan/Creighton) Flood Infrastructure Funds: Amends the Texas Constitution to provide that: (1) the flood infrastructure fund is created as a special fund in the state treasury outside the general revenue fund; and (2) as provided by general law, money in the flood infrastructure fund may be administered and used, without further appropriation, by the Texas drainage, flood mitigation, or flood control project, including: (a) planning and design activities; (b) work to obtain regulatory approval to provide nonstructural and structural flood mitigation and drainage; or (c) construction of structural flood mitigation and drainage infrastructure. (See S.B. 7, below.)(Effective if approved at the election on November 5, 2019.) S.B. 6 (Kolkhorst/Morrison) Emergency Management: this bill provides that: 1. no later than January 1, 2020, the Texas Division of Emergency Management (Division) shall develop a model guide for local officials regarding disaster response and recovery 47 that must provide a comprehensive approach to disaster recovery by local officials and include information on: (a) contracting for debris removal; (b) obtaining federal disaster funding; (c) coordinating the availability and construction of short-term and long-term housing; and (d) obtaining assistance from local, state, and federal volunteer organizations; 2. the emergency management training required by current law must include training based on the disaster response guide described in Item (1) above; 3. the Division, in consultation with any other state agencies selected by the Division, shall develop a catastrophic debris management plan and model guide for use by political subdivisions in the event of a disaster, and such plan must: (a) provide a guide for clearance and disposal of debris caused by a disaster, including information on preparing for debris removal before a disaster; and (b) include: (i) provisions for the use of trench burners and air curtain incinerators of vegetative debris, including identifying sources of equipment for use immediately following a disaster; and (ii) contracting standards and a model contract for use in procuring debris removal services following a disaster; 4. the Division shall consult with the comptroller about including a contract for debris removal services on the schedule of multiple award contracts or in another cooperative purchasing program administered by the comptroller; 5. the Texas A&M Engineering Extension Service, in coordination with the Texas Commission on Environmental Quality, shall establish a training program for state agencies and political subdivisions on the use of trench burners in debris removal; 6. a wet debris study group shall be established and be composed of representatives of the Division, any other state agencies selected by the Division, and local and federal governmental entities for the purpose of studying issues related to preventing the creation of wet debris and best practices for clearing wet debris following a disaster, including: (a) creation of maintenance programs for bodies of water in the state; (b) issues related to the clearance of wet debris on private property following a disaster; and (c) potential sources of funding for the clearance of wet debris following a disaster; 7. the Division shall establish an emergency management work group composed of persons knowledgeable on emergency management to study and develop a proposal for enhancing the training and credentialing of emergency management directors, emergency management coordinators, and any other emergency management personnel; 8. subject to appropriation of funds by the legislature, the Disaster Recovery Loan Account (Account) shall be created as an account in the general revenue fund to be administered by the Division, and the Division shall by rule, establish a loan program to use money from the Account to provide short-term loans for disaster recovery projects to eligible political subdivisions; 9. a political subdivision may apply to the Division for a loan through the loan program described in Item (8) above, if: (a) the political subdivision: (i) is located wholly or partly in an area declared to be a disaster area by the governor or the president of the United States; and (ii) before applying to the Division for a loan, has submitted to the Division, within 15 days of the date of its adoption by the governing body of the political and (iii) has submitted an application for a loan from the Federal Emergency due to the disaster for which the declaration was made has been conducted in the political 48 subdivision; and (c) the Division, in consultation with the Federal Emergency Management Agency, determines that the estimated cost to rebuild the political the current year as shown in the political 10. a loan made from the Account must be subject to the following conditions: (a) the loan must be made at or below market interest rates for a term not to exceed 10 years; and (b) the loan proceeds must be expended by the eligible political subdivision solely for disaster recovery projects; 11. if the term of a loan from the Account exceeds two years, the state auditor shall, on the second anniversary of the date on which the eligible political subdivision received the loan, conduct a limited audit of the political subdivision to determine whether the political subdivision has the ability to repay the loan under the terms of the loan, and may forgive a loan made to a political subdivision if the state auditor determines that the political subdivision is unable to repay the loan; and 12. the Health and Human Services Commission shall conduct a study to determine the feasibility of developing: (a) a single intake form that would compile all information needed to obtain disaster assistance from multiple state and federal programs for an individual who needs assistance as a result of a disaster; and (b) an automated intake system for collecting the information. (Effective September 1, 2019.) S.B. 7 (Creighton/Phelan) Flood Planning: this bill: 1. s that the Texas Water Development Board may provide funding from the Research and Planning Fund to political subdivisions, to mean any work related to: (a) planning for flood protection; (b) preparing applications for and obtaining regulatory approvals at the local, state or federal level; (c) activities associated with administrative or legal proceedings by regulatory agencies; and (d) preparing engineering plans and specifications to provide structural and nonstructural flood mitigation and drainage; 2. modifies current law to provide that the Board, in establishing the criteria of eligibility for flood control planning funds from the Research and Planning Fund, shall consider the relative need of the political subdivision for the money, giving greater importance to a county that has a median household income that is not greater than 85 percent of the median state household income; 3. creates the state Infrastructure Fund to provide funding for flood projects, which are defined as drainage, flood mitigation, or flood control project, including: (a) planning and design activities; (b) work to obtain regulatory approval to provide nonstructural and structural flood mitigation and drainage; (c) construction of structural flood mitigation and drainage infrastructure; and (d) construction and implementation of nonstructural projects, including projects that use nature-based features to protect, mitigate, or reduce flood risk; 4. provides that the Infrastructure Fund may only be used for the following purposes: (a) to make a loan to an eligible political subdivision, including a city, at or below market 49 interest rates for a flood project; (b) to make a grant or loan at or below market interest rates to an eligible political subdivision, including a city, for a flood project to serve an area outside of a metropolitan statistical area in order to ensure that the flood project is implemented; (c) to make a loan at or below market interest rates for planning and design costs, permitting costs, and other costs associated with state or federal regulatory activities with respect to a flood project; (d) to make a grant to an eligible political subdivision, including a city, to provide matching funds to enable the eligible political subdivision to participate in a federal program for a flood project; (e) to make a grant to an eligible political subdivision, including a city, for a flood project if the Board determines that the eligible political subdivision does not have the ability to repay a loan; (f) as a source of revenue or security for the payment of principal and interest on bonds issued by the Board if the proceeds of the sale of the bonds will be deposited in the Infrastructure Fund; (g) to pay the necessary and reasonable expenses of the Board in administering the Infrastructure Fund; and (h) to make transfers to the Research and Planning Fund; 5. provides that principal and interest payments on loans described under Item 4(c) may be deferred for not more than 10 years or until construction of the flood project is completed, whichever is earlier; 6. provides that the provisions described in Items (4) and (5) above related to the Infrastructure Fund are contingent on legislation that requires the creation of a state flood plan (S.B. 8) passing and becoming law, and on the date that the Board adopts the initial state flood plan: (a) these provisions expire; (b) the Board may use the Infrastructure Fund only to provide financing for flood projects in the state flood plan; and (c) money from the Infrastructure Fund may be awarded to several eligible political subdivisions, including cities, for a single flood project; 7. requires an eligible political subdivision, including a city, applying for financial assistance from the Infrastructure Fund for a proposed flood project to demonstrate in the application: (a) that the eligible political subdivision has acted cooperatively with other political subdivisions to address flood control needs in the area in which the eligible political subdivisions are located; (b) that all eligible political subdivisions substantially affected by the proposed flood project have participated in the process of developing the proposed flood project; (c) that the eligible political subdivisions, separately or in cooperation, have held public meetings to accept comment on proposed flood projects from interested parties; (d) with the exception of eligible political subdivisions described in Item 4(b) above, that the technical requirements for the proposed flood project have been completed and compared against any other potential flood projects in the same area; and (e) an analysis of whether the proposed flood project could use floodwater capture techniques for water supply purposes, including floodwater harvesting, detention or retention basins, or other methods of capturing storm flow or unappropriated flood flow; 8. provides that the Board may approve an application for funding under the Infrastructure Fund only if: (a) the application and the assistance applied for meet the requirements of the bill and Board rules; (b) the application demonstrates a sufficient level of cooperation among eligible political subdivisions and includes all of the eligible political subdivisions substantially affected by the flood project; and (c) the taxes or other revenue, or both the taxes and other revenue, pledged by the applicant 50 will be sufficient to meet all the obligations assumed by the eligible political subdivisions; 9. provides that the Board shall act as a clearinghouse for information about state and federal flood planning, mitigation, and control programs that may serve as a source of funding for flood projects; 10. provides that participating in cooperative flood planning for purposes of obtaining funding under the Infrastructure Fund does not subject the state or an eligible political subdivision to civil liability in regard to a flood project; 11. administered by the Board that constitutes of three separate accounts: (a) the Floodplain Management Account; (b) the Hurricane Harvey Fund; and (c) the Federal Matching Account; 12. drainage, flood mitigation, or flood control project, including: (a) planning and design activities; (b) work to obtain regulatory approval to provide structural and nonstructural flood mitigation and drainage; (c) construction of structural flood mitigation and drainage infrastructure; (d) nonstructural or natural flood control strategies; and (e) a federally authorized project to deepen a ship channel affected by a flooding event; 13. provides that the Floodplain Management Account shall be funded by state insurance maintenance taxes, money directly appropriated to the Board, and from gifts or grants from the federal, local or regional governments or private or other sources, and that such funds may be used to provide financing for activities related to: (a) collection and analysis of flood-related information; (b) flood planning, protection, mitigation, or adaptation; (c) the provision of flood-related information to the public through educational or outreach programs; or (d) evaluating the response to and mitigation of flood incidents affecting residential property, including multifamily units, located in floodplains; 14. provides that the Board may use funds in the Hurricane Harvey Account only to provide funds to the Texas Division of Emergency Management (Division) for the Division to provide financing for projects related to Hurricane Harvey, including making: (a) a grant to an eligible political subdivision to provide nonfederal matching funds to enable the political subdivision to participate in a federal program for the participation in or development of: (i) a hazard mitigation project, under guidelines issued by the Federal Emergency Management Agency (FEMA) or the Division; (ii) a public assistance project, under guidelines issued by FEMA or the Division; (iii) assistance under guidelines issued by the Natural Resources Conservation Service, the United States Economic Development Administration, or the United States Department of Housing and Urban Development; and (b) loan to an eligible political or design costs, permitting costs, construction costs, or other costs associated with state or federal regulatory activities with respect to a flood project; 15. provides that a grant or loan awarded from the Hurricane Harvey Account may not provide more than 75 percent of the portion of the cost of the project that is paid with money other than money from a federal program; 51 16. provides that: (a) the Board, in collaboration with the Division, shall establish a point system for prioritizing flood projects other than public assistance grants for which funds from the Hurricane Harvey Account is sought; (b) such point system must include a standard for the Board to apply in determining whether a flood project qualifies for funding at the time the application for funding is filed with the Board; and (c) in awarding points, the Division shall give highest consideration to a flood project that that will have a substantial effect, including a flood project that: (i) is recommended or approved by the director of the Division; and (ii) meets an emergency need in a county where the governor has declared a state of emergency; 17. provides that the Division may approve an application for financial assistance from the Hurricane Harvey Account only if the Division finds that: (a) the application and assistance applied for meet the requirements of this bill and Division rules; (b) the application demonstrates sufficient level of cooperation among applicable political subdivisions and includes all of the political subdivisions substantially affected by the flood project; and (c) the taxes or other revenue, or both the taxes and other revenue, pledged by the applicant, if applicable, will be sufficient to meet all the obligations assumed by the applicant; 18. provides that: (a) principal and interest payments on loans described under Item 14(b) may be deferred for not more than 10 years or until construction of the flood project is completed, whichever is the shorter period; (b) money from the Hurricane Harvey Account may be awarded to several eligible political subdivisions for a single flood project; and an eligible political subdivision that receives a grant for a flood project may also receive a loan from the account; 19. provides that the Hurricane Harvey Account shall expire on September 1, 2031, and the remaining balance of the account on that date shall be transferred to the Floodplain Implementation Account; 20. provides that the Board may only use funds in the Federal Matching Account to: (a) meet matching requirements for projects funded partially by federal money, including projects funded by the United States Army Corps of Engineers; and (b) make a loan to an eligible political subdivision below market interest rates and under flexible repayment terms, including a line of credit or loan obligation with early prepayment terms, to provide financing for the local share of a federally authorized ship channel improvement project; 21. requires a state agency that uses or disburses federal money for flood research, planning or mitigation projects to submit a report to the Board on a quarterly basis that includes the following information about federal money used or disbursed for flood research, planning or mitigation projects: (a) the original total of federal money received; (b) the amount of the federal money spent or disbursed to date; and (c) the eligibility requirements for receiving the federal money; 22. regarding the use of the Resiliency Fud and regularly update the posted information: (a) the progress made in developing flood projects statewide; (b) a description of each flood project that receives money from the resiliency fund, (c) a description of the point system for prioritizing flood projects and the number of points awarded by the Board for each flood project; (d) any non-confidential information submitted to the Board as part of an application for funding that is approved by the Board; (e) the 52 administrative and operating expenses incurred by the Board in administering the Resiliency Fund; and (f) any information required by Board rule; 23. provides that contingent on legislation that requires the creation of a state flood plan (S.B. 8) passing and becoming law, on the date that the Board adopts the initial state flood plan: (a) the Flood Plan Implementation Account shall be created as an account in the Resiliency Fund; (b) the Board may use the account only to provide financing for projects included in the state flood plan; and (c) funds from the account may be awarded to several eligible political subdivisions for a single flood project; and 24. provides that the Board may use funds from the state Texas Water Resources Fund to: (a) fund flood projects described under under Item (3) and (12); (b) provide funds to the Flood Infrastructure Fund; and (c) provide funds to the Resiliency Fund. (Effective immediately, except that the provisions related to the Flood Infrastructure Fund take effect on January 1, 2020, but only if H.J.R. 4 is approved by the voters.)(See H.J.R. 4, above.) S.B. 8 (Perry/Larson) Flood Planning: this bill provides that: 1. not later than September 1, 2024, and before the end of each successive five-year period after that date, the Texas Water Development Board (Board) shall prepare and adopt a comprehensive state flood plan that incorporates approved regional flood plans; 2. the state flood plan must: (a) provide for orderly preparation for and response to flood conditions to protect against the loss of life and property; (b) be a guide to state and local flood control policy; (c) contribute to water development where possible; and (d) include: (i) an evaluation of the condition and adequacy of flood control infrastructure on a regional basis; (ii) a statewide, ranked list of ongoing and proposed flood control and mitigation projects and strategies necessary to protect against the loss of life and property from flooding and a discussion of how those projects and strategies might further water development, where applicable; (iii) an analysis of completed, ongoing, and proposed flood control projects included in previous state flood plans, including which projects received funding; (iv) an analysis of development in the 100-year floodplain areas as defined by the Federal Emergency Management Agency; and (v) legislative recommendations the Board considers necessary to facilitate flood control planning and project construction; 3. the Board, in coordination with other state agencies shall adopt guidance principles for the state flood plan that reflect the public interest of the entire state, and shall review and revise the guidance principles, with input from other state agencies as necessary and at least every fifth year to coincide with the five-year cycle for adoption of a new state flood plan; 4. the Board shall, not later than September 1, 2021: (a) designate flood planning regions corresponding to each river basin; (b) adopt guidance principals for the regional flood plans, including procedures for amending adopted plans; and (c) designate representatives from each flood planning region to serve as the initial flood planning group; 5. the: (a) initial flood planning group may designate additional representatives to serve on the flood planning group and shall designate additional representatives if 53 necessary to ensure adequate representation from the interests in its region, including the public, counties, cities, industries, agricultural interests, environmental interests, small businesses, electric generating utilities, river authorities, water districts, and water utilities; and (b) Board, the Texas Commission on Environmental Quality, the General Land Office, the Parks and Wildlife Department, the Department of Agriculture, the State Soil and Water Conservation Board, and the Texas Division of Emergency Management shall each appoint a representative to serve as an ex officio member of each flood planning group; 6. each regional flood planning group shall: (a) hold public meetings to gather from interested persons, including members of the public and other political subdivisions located in that county, suggestions and recommendations as to issues, provisions, projects, and strategies that should be considered for inclusion in a regional flood plan; and (b) consider information collected from the public meetings in creating a regional flood plan; 7. a regional flood plan must: (a) use information based on scientific data and updated mapping; and (b) include: (i) a general description of the condition and functionality of flood control infrastructure in the flood planning region; (ii) flood control projects under construction or in the planning stage; (iii) an identification of the areas in the flood planning region that are prone to flood and flood control solutions for those areas; and (iv) an indication of whether a particular flood control solution meets an emergency need; uses federal money as a funding component; and may also serve as a water supply source; 8. after a flood planning group prepares a regional flood plan the group shall hold at least one public meeting in a central location in the flood planning region to accept comments on the regional flood, and after consideration of the comments received, the group shall adopt the regional flood plan and submit the plan to the Board not later than January 10, 2023; 9. the Board shall approve a regional flood plan if the plan: (a) satisfies the requirements for regional flood plans adopted in the guidelines described in Item 4(b) above; (b) adequately provides for the preservation of life and property and the development of water supply sources, where applicable; and (c) does not negatively affect a neighboring area; 10. the State Soil and Water Conservation Board shall (State Board) : (a) prepare and adopt a 10-year dam repair, rehabilitation, and maintenance plan that describes the repair and maintenance needs of flood control dams; (b) prepare and adopt a new plan th before the end of the 10 year following the adoption of the initial plan; and (c) deliver the adopted plan to the Board; 11. the Board, in coordination with the State Board and the Texas Commission on Environmental Quality shall prepare a report of the repair and maintenance needs of all dams that: (a) are not licensed by the Federal Energy Regulatory Commission; (b) do not have flood storage; (c) are required to pass floodwaters; and (d) have failed; and 12. the State Board shall deliver to the Board, each year, a report regarding progress made on items listed in the plan. (Effective immediately.) 54 S.B. 21 (Huffman/Zerwas) Cigarettes, E-Cigarettes, and Tobacco Products: provides that: (1) the legal age to purchase tobacco products is raised from 18 to 21 years (with an exception for military members); and (2) a political subdivision may not adopt or enforce an ordinance or requirement relating to the lawful age to sell, distribute, or use cigarettes, e-cigarettes, or tobacco products that is more stringent than a requirement prescribed by state law. (Effective September 1, 2019.) S.B. 22 (Campbell/Noble) Abortion Providers: provides that: (1) a governmental entity may not enter into a taxpayer resource transaction of basic services such as police, fire, or utilities) with an abortion provider or an affiliate of an abortion provider; (2) the attorney general may bring an action in the name of the state to enjoin bringing an action in (2); (4) sovereign or governmental immunity, as applicable, of a governmental entity to suit and from liability is waived to the extent the liability is created by (1); and (5) the bill may not be construed to restrict a city or county from prohibiting abortion. (Effective September 1, 2019.) S.B. 30 (Birdwell/Phelan) Bond Propositions: this bill, among other things: (1) requires each single specific purpose for which bonds requiring voter approval are to be issued to be printed on the ballot as a separate proposition; (2) provides that a proposition may include as a specific purpose one or more structures or improvements serving the substantially same purpose and may include related improvements and equipment necessary to accomplish the specific purpose; and (3) requires a proposition seeking approval of the issuance of bonds to specifically include a plain language description of the single specific purpose for which the bonds are to be authorized. (Effective September 1, 2019.) S.B. 64 (Nelson/Phelan) Cybersecurity: provides that: (1) a cybersecurity event is added to the definition of disaster under the Texas Disaster Act; (2) the Department of Information Resources (DIR) shall submit to the governor, the lieutenant governor, and speaker of the house of representatives a report identifying preventative and recovery efforts the state can undertake to improve cybersecurity in this state, including an evaluation of a program that provides an information security officer to assist small state agencies and local governments that are unable to justify hiring a full-time information security officer; (3) DIR shall establish an information sharing and analysis organization to provide a forum for state agencies, local governments, public and private institutions of higher education, and the private sector to share information regarding cybersecurity threats, best practices, and remediation strategies; (4) the state cybersecurity coordinator shall establish a cyberstar certificate program to recognize public and private entities that implement the best practices for cybersecurity developed including: (a) measurable, flexible, and voluntary cybersecurity risk management programs for public and private entities to adopt to prepare for and respond to cyber incidents that compromise the training and information for employees or other individuals who are most responsible for tion systems; (c) consistency with the National Institute of Standards and Technology standards for information systems; (d) public service announcements to encourage cybersecurity awareness; and (e) coordination with local and state 55 governmental entities; (5) each state agency and local government shall, in the administration of the agency or local government, consider using next generation technologies, including cryptocurrency, blockchain technology, and artificial intelligence; and (6) the Public Utility Commission shall establish a program to monitor cybersecurity efforts among utilities, including a municipally owned electric utility, and the program shall: (a) provide guidance on best practices in cybersecurity and facilitate the sharing of cybersecurity information between utilities; (b) provide guidance on best practices for cybersecurity controls for supply chain risk management of cybersecurity systems used by utilities, which may include, best practices related to: (i) software integrity and authenticity; (ii) vender risk management and procurement controls, (iii) vendor remote access. (Effective September 1, 2019.) S.B. 65 (Nelson/Geren) Lobby Reporting/Budgeting: provides, among other things, that: (1) the contracts disclosure requirements from H.B. 1295 (2015) apply to a contract for services that would require a person to register as a lobbyist under state law, regardless of whether such contract: (a) requires an action or vote by the governing body of the city before the contract may be signed; or (b) has a value of at least $1 million; and (2) service of studying or advising a state agency under a contract that does not involve the political subdivision that enters or has entered into a contract for consulting services with a state agency, regardless of whether the term of the contract has expired, shall prominently display on its website the following regarding contracts for services that would require a person to register as a lobbyist under state law: (a) the execution dates; (b) the contract duration terms, including any extension options; (c) the effective dates; (d) the final amount of money the political subdivision paid in the previous fiscal year; and (e) a list of all legislation advocated for, on, or against by all parties and subcontractors to the contract, including the position taken on each piece of legislation in the prior fiscal year; (5) in lieu of displaying the items described by (4), above, a political subdivision may post on its website the contract for those services; and (6) the proposed budget of a political subdivision described by (3), above, must include, in a manner allowing for as clear a comparison as practicable between those expenditures in the proposed budget and actual expenditures for the same purpose in the preceding year, a line item indicating expenditures for directly or indirectly influencing or attempting to influence the outcome of legislation or administrative action, as those terms are defined in the state lobby law. (Effective September 1, 2019.) S.B. 230 (Perry/Guillen) Rock Climbing: includes rock climbing in the definition of the term bility purposes. (Effective immediately.) S.B. 285 (Miles/E. Thompson) Hurricane Preparedness and Mitigation: provides, among other things, that: (1) the governor shall issue a proclamation each year before hurricane season instructing, among other things, that municipalities and other entities conduct, to the extent practicable, community outreach and education activities on hurricane preparedness between May 25 and May 31 of each year; and (2) the General Land Office shall conduct a public information campaign each year before and during hurricane season to provide local officials and the public with information regarding housing assistance that may be available under state and federal law in the event of a major hurricane or flooding event, including types of assistance unavailable under that law. (Effective September 1, 2019.) 56 S.B. 289 (Lucio/Morrison) Natural Disasters: the bill: (1) requires the Texas Division of Emergency Management to develop a disaster recovery task force to operate throughout the long-term recovery period following natural and man-made disasters by providing specialized assistance for communities and individuals to address financial issues, available federal assistance programs, and recovery and resiliency planning to speed recovery efforts at the local level; (2) authorizes the General Land Office (or other state agency designated by the governor) to receive and administer federal and state funds appropriated for long-term disaster recovery; (3) authorizes a local government, including a city, that is located in certain coastal counties to develop local housing recovery plans to provide for the rapid and efficient construction of permanent replacement housing following a disaster and to seek certification of such plan from the Hazard Reduction and Recovery Center at Texas A&M University; and (4) require the General Land Office (or other state agency designated by the governor) to seek approval from certain federal agencies for the immediate post-disaster implementation of local housing recovery plans. (Effective September 1, 2019.) S.B. 322 (Huffman/Murphy) Public Retirement Systems: provides that: (1) a public retirement system, including the Texas Municipal Retirement System, shall select an independent firm with substantial experience in evaluating institutional investment practices and investment practices and performance investment policies, procedures, and practices; (2) each evaluation must include: (a) an analysis of any investment policy or strategic investment plan adopted by the retirement system and the retireme (ii) the expected risk and expected rate of return; (iii) the appropriateness of selection and valuations methodologies of alternative and illiquid assets; and (iv) future cash flow and liquidity needs; (3) a review of appropriateness of investment fees and commissions paid by the retirement system; (4) a review of the r investment activities, including investment decision-making processes, delegation of investment authority, and board investment expertise and education; and (5) a review of the retirement manager selection and monitoring process. (Effective immediately.) S.B. 416 (Huffman/Walle) Legal Advice: would provide that the attorney general may provide, to a political subdivision that is subject to a stated declared emergency, legal counsel on matters related to disaster mitigation, preparedness, response, and recovery upon the request of: county judge or a commissioner of a county subject to the declaration; or (3) the mayor of a city subject to the declaration. (Effective immediately.) S.B. 476 (Hancock/Menendez) Dogs at Restaurants: provides that: (1) a food service establishment may permit a customer to be accompanied by a dog in an outdoor dining area if: (a) the establishment posts a sign in a conspicuous location in the area stating that dogs are permitted; (b) the customer and dog access the area directly from the exterior of the establishment; (c) the dog does not enter the interior of the establishment; (d) the customer keeps the dog on a leash and controls the dog; (e) the customer does not allow the dog on a seat, table, 57 countertop, or similar surface; and (f) in the area, the establishment does not prepare food or permit open food other than food that is being served to a customer; and (2) a city may not adopt or enforce an ordinance, rule, or similar measure that imposes a requirement on a food service establishment for a dog in an outdoor dining area that is more stringent than the requirements in (1). (Effective September 1, 2019.) S.B. 496 (Perry/Murr) Historic Courthouse Preservation Program: requires the Historical , as measured by the total taxable value of properties in the county or city, as applicable, when considering whether to grant an application for a grant or loan for a historic courthouse project. (Effective September 1, 2019.) S.B. 568 (Huffman/G. Bonnen) Child-Care Facilities and Family Homes: this bill: (1) transfers some regulatory authority over childcare facilities and family homes from the Department of Family and Protective Services to the Health and Human Services Commission (commission) and modifies certain requirements and penalties that apply to these facilities and homes; (2) requires the executive commissioner to establish safe sleeping standards; (3) requires licensed child-care facilities and registered family homes to comply with the safe sleeping standards in (2), and to provide written notice to parents and legal guardians if the commission determines the facility or home did not comply; (4) requires a license or registration holder to notify parents an the commission to post the information on its website; (5) gives the commission authority to add restrictions and conditions to a certification or registration if the facility or home has repeated violations, and prohibits the commission from renewing the license of a facility cited for a violation that is not corrected by the required compliance date unless the violation is pending an administrative review or in a contested case proceeding; (6) requires licensees and registrants to or guardians; and (7) allows the commission to impose administrative penalties without first imposing nonmonetary administrative sanctions for violations of certain high-risk standards, and requires the commission to recommend specified penalties for certain violations by facilities or family homes. (Effective September 1, 2019.) S.B. 572 (Kolkhorst/Rodriguez) Cottage Food: this bill: (1) expands the definition of -based acidified canned goods, fermented vegetable products, frozen raw and uncut fruit or vegetables, or any food that is not a time and temperature control for safety food; (2) removes the limits on the locations from which cottage food production operations may sell food; (3) requires a cottage food production operation to: (a) comply with certain labeling, storage, and delivery requirements in regard to frozen raw and uncut fruit or vegetables; and (b) provide certain information to consumers when selling food through the Internet or by mail order; and (4) requires a cottage food production operation that sells pickled fruit or vegetables, fermented vegetable products, or plant-based acidified canned goods to use certain approved recipes or test the food, and comply with certain labeling and recordkeeping requirements. (Effective September 1, 2019.) S.B. 632 (Kolkhorst/Price) Local Mental Health Authorities: provides that: (1) a local mental health authoritygoverning body must include: (a) if serving only one county, the sheriff 58 two or more counties and after the local authority takes the median population size of each of the population below the median population size to serve as ex officio nonvoting members; (2) a local mental health authority that serves two or more counties may rotate the positions of ex officio nonvoting members and must consult with each sheriff of the counties served in rotating the positions of ex officio nonvoting members; (3) a local mental health authority may not bar or restrict a sheriff who serves as an ex officio nonvoting member from speaking or providing input ocal mental health authority without a regarding the use of funds received from Department of State Health Services if the local authority only serves one county; and (b) if serving two or more counties and after the local authority takes the median population size of each of the counties in which it serves, one sheriff one size regarding the use of funds received from DSHS; (5) a local mental health authority must solicit information regarding community needs from local law enforcement agencies when developing the local service area plan; (6) a board of trustee of a community center established served by the community center who is appoi as an ex officio nonvoting member; and (7) a board of trustees for a community center established by at least two local agencies must include: (a) if the region served consists of only one county, the sher nonvoting member; or (b) if the region served consists of more than one county, sheriffs from at s ex officio nonvoting members. (Effective September 1, 2019.) S.B. 633 (Kolkhorst/Lambert) Local Mental Health Authorities: provides that: (1) the Health and Human Service Commission (HHSC), not later than January 1, 2020: (a) is required to identify each local mental health authority that is located in a county with a population of 250,000 or less or that the commission determines provides services predominately in a county with a population of 250,000 or less; (b) shall assign these identified authorities to regional groups of at least two authorities; (c) shall notify these authorities that HHSC has identified the authority for the initiative to increase mental health services in its area; and (d) shall develop a mental health service development plan for each local mental health authority group that will increase the capacity of the authorities in the group to provide access to needed services; and (2) the initiative in (10 expires September 1, 2021. (Effective Immediately.) S.B. 799 (Alvarado/Murphy) Disaster Recovery: the bill: (1) provides that, on September 1, 2019, the administration of the Texas Division of Emergency Management (Division) shall transfer from the Department of Public Safety to the Texas A&M University System; (2) creates a business advisory council that consists of 12 members who represent business in the state and are appointed by the governor, lieutenant governor, and speaker of the house of representatives to: (a) advise the Division on policies, rules, and program operations to assist businesses in recovering from a disaster; (b) advise the Division on the state resources and services needed to 59 assist businesses in recovering from a catastrophic loss of electric power; and (c) proposed solutions to address inefficiencies or problems in the state or local governmental disaster response with respect to impact on businesses and the economy; (3) creates a wet debris work group composed of representatives of the Division, any other state agencies selected by the Division, and local and federal governmental entities for the purpose of conducting a study to: (a) identify: (i) wet debris removal categories for bodies of water in the state and the applicable laws for each category; (ii) current jurisdictions of local, state, federal, and private entities responsible for wet debris removal, including any concurrent, joint or overlapping roles and responsibilities of those entities; (iii) funding sources applicable to each wet debris; and (iv) issues that impede wet debris removal; and (b) provide recommendations for: (i) minimizing and responsibilities for wet debris removal; and (iii) educating interested persons on the results of the study; (4) creates a disaster recovery task force to operate throughout the long-term recovery period following natural and man-made disasters by providing specialized assistance for communities and individuals to address financial issues, available federal assistance programs, and recovery and resiliency planning to speed recovery efforts at the local level. (The provision described in Item 1 is effective immediately; the remaining provisions are effective on September 1, 2019.) S.B. 986 (Kolkhorst/Phelan) Statewide Emergency Management Contracts: provides: (1) that the comptroller shall update the state contract management guide to include contract management standards and information for contracts related to emergency management; and (2) the guide shall include: (a) preferred contracting standards; (b) information on contracts for services that may be necessary to respond to a natural disaster or to construct, repair, or rebuild property or infrastructure after a natural disaster, including clearing debris and providing information management services and construction services; and (c) advice on preparing for a natural disaster, including procedures to assist a state agency with contracting for services described in Item (2)(b) before a natural disaster occurs. (Effective September 1, 2019.) S.B. 932 (Hughes/Wilson) : provides that certain food permits (including temporary food establishment permits issued by a local health department) issued to a farmer for not less than one year; (2) may impose an annual fee not to exceed $100; and (3) must cover sales at all locations within the jurisdiction of the permitting authority. (Effective September 1, 2019.) S.B. 982 (Kolkhorst/Zerwas) Disaster Emergency Services: provides that: (1) the Texas Division of Emergency Management (Division), in consultation with the Department of State Health Services (DSHS) and local governmental entities that have established emergency management plans, shall develop a plan to increase the capabilities of local emergency shelters in the provision of shelter and care for specialty care populations during a disaster; (2) the Division, in consultation with DSHS, shall increase awareness of and encourage local government emergency management response teams to utilize services provided by local volunteer networks that are available in the area to respond during a disaster or emergency; (3) the Division shall develop a plan to create and manage state-controlled volunteer mobile medical 60 units in each public health region to assist counties that lack access to a local volunteer network; (4) DSHS shall collaborate with local medical organizations that represent licensed physicians who practice in a county or public health region to, among other things, ensure that physicians are informed about local government emergency response teams and those teams are aware of physician resources in the county or region, as applicable; (5) the task force on disaster issues affecting persons who are elderly and persons with disabilities is establishing consisting of 11 members appointed by the governor, including, among others, one member who represents municipalities; and (6) such task force shall study methods to more effectively accommodate persons who are elderly and persons with disabilities during a disaster or emergency evacuation. (Effective September 1, 2019.) S.B. 1083 (Zaffirini/E. Rodriguez) Emergency Services Districts: this bill: (1) requires a city to factor in sales tax revenue, in addition to property tax revenue, in the amount that must be paid to an emergency services district when the city seeks to remove territory from the district; and (2) generally requires a city to compensate the district using whichever method of compensation yields the greater amount. (Effective September 1, 2019.) S.B. 1217 (Alvarado/Morales) Occupational Licensing: provides that, for purposes of licensed occupation, a licensing authority may not consider an arrest that did not result in the (Note: It ct as a licensing authority. Each city should consult local legal counsel regarding the applicability of this bill.) (Effective immediately.) S.B. 1337 (Huffman/Flynn) Texas Municipal Retirement System: amends the Texas Municipal Retirement System (TMRS) statute to: (1) modify current board meeting requirements by: (a) removing month-specific meeting requirements; (b) allowing the Board to determine when to hold those meetings; (c) allowing Board members to participate via video or conference call; and (d) during meetings called in accordance with the Texas Open Meetings Act, permitting Board members to discuss specific matters in executive session; (2) incorporate common law liability protections for the Board, staff, and members of Board-appointed committees or the TMRS medical board; (3) expressly provide protection for acts or omissions made in good faith in the performance of duties for the retirement system; (4) remove the requirement that the Board-appointed attorney (i.e., the General Counsel) represent the System in all litigation; (5) clarify that the System may hire additional legal counsel to represent the System in litigation and provide advice on fiduciary and legal matters; (6) maintain existing confidentiality provisions for member and retiree personal information, but supplement them with provisions in the Texas Public Information Act; (7) add protection for audit working papers; (8) provide that final audit reports, unless otherwise protected, are open records; (9) update the definition of security to stment portfolio; (10) provide explicit authority to distribute member and retiree annual statements and other information electronically to members and retirees in addition to the current paper and mail formats; (11) specify that the maximum authority to set amortization periods; (12) remove the ability of cities to request an amortization period up to 40 years; (13) establish statutory consistency with Pension Review Board (PRB) 61 guidelines and other Texas statewide retirement systems; (14) amend prior service credit (PSC) to apply to cities that join TMRS to provide recognition of service performed before the city joins TMRS; (15) allow a city to choose a PSC rate of zero percent to comply with the Texas Constitution; (16) eliminate the excluded prior service credit from the calculation of updated service credit (USC); (17 ) allow for the recalculation of USC when a person buys-back service and retires in the same year; (18) remove statutory references to the obsolete disability retirement program; (19) modernize ty provisions; and (20) provide TMRS wit occupational disability and removes the earnings test. (Effective January 1, 2020.) S.B. 1443 (Campbell/Flynn) Defense Economic Adjustment Assistant Grants: modifies certain criteria used by the Texas Military Preparedness Commission to evaluate and score Defense Economic Adjustment Assistant Grants (DEAAG) applications. (Effective September 1, 2019.) VETOED S.B. 1575 (Alvarado/Krause) Disaster Contracts Liability: provides that a city performs a governmental function if, after a declaration of a state disaster, Government Code, the city enters into a contract for a purpose related to disaster recovery or takes an action under that contract. VETOED S.B. 1861 (Menendez/Flynn) Public Facilities Corporations: provides, among other things, that certain public facilities corporation sponsors may finance, own, and operate certain multifamily residential developments. (Effective immediately.) S.B. 1978 (Hughes/Krause) Religious Beliefs: this bill: 1. prohibits a governmental entity (including a city) from taking any adverse action against contribution, donation, or other support provided to a religious organization; 2. deany action taken by a governmental entity to: (a) withhold, reduce, exclude, terminate, or otherwise deny any grant, contract, subcontract, cooperative agreement, loan, scholarship, license, registration, accreditation, employment, or other similar status for or to a person; (b) withhold, reduce, exclude, terminate, or otherwise deny any benefit provided under a benefit program from or to a person; (c) alter in any way the tax treatment of a person; (d) cause any tax, penalty, or payment assessment against a person, or deny, delay, or revoke a tax exemption of a person; (e) disallow a tax deduction for any charitable contribution made to or by a person; (f) deny admission to, equal treatment in, or eligibility for a degree from an educational program or institution to a person; or (g) withhold, reduce, exclude, terminate, or otherwise deny access to a property, educational institution, speech forum, or charitable fund-raising campaign from or to a person; 3. excepts from the employment; (b) a contractor acting within the scope of a contract; or (c) an individual or a medical or residential custodial health care facility while the individual or facility is provid physical injury; 62 4. allows a person to assert an actual or threatened violation of the prohibition in (1) as a claim or defense in a judicial or administrative proceeding and obtain injunctive relief, governmental and sovereign immunity is waived and abolished to the extent of liability for such relief; and 5. allows a person to commence an action described in (4) regardless of whether the person has sought or exhausted available administrative remedies. (Effective September 1, 2019.) S.B. 2100 (Birdwell/Smithee) Law Enforcement Animals: provides: (1) that a city may transfer a law enforcement animal as surplus property to a person capable of humanely caring for the animal, if the animal is at the end of its working life or is subject to circumstances that justify making the animal available for transfer before the end of its working life; (2) a priority list of those who may receive a law enforcement animal; (3) that a contract for the transfer may be without charge to the transferee, but may impose requirements on the transferee in caring for the animal; and (4) that a city that transfers a law enforcement animal is not liable for damages arising from the transfer or for veterinary expenses. (Effective September 1, 2019.) S.B. 2224 (Huffman/Murphy) Public Retirement Systems: would provide that a governing body of a public retirement system shall: (1) adopt a written funding policy that details the 100 percent; (2) maintain for public review at its main office a copy of the policy; (3) file a copy st of the policy and each change to the policy with the board not later than the 31 day after the date the policy or change, as applicable, is adopted; (4) submit a copy of the policy and each st day after the date the policy or change is adopted; and (5) each public retirement system shall adopt a funding policy no later than January 1, 2020. (Effective September 1, 2019.) S.J.R. 32 (Birdwell/Tinderholt) Law Enforcement Animals: proposes an amendment to the Texas Constitution to allow a city to transfer a law enforcement dog, horse, or other animal to retirement or at anothe(Effective if approved at the election on November 5, 2019.) Municipal Courts VETOED H.B. 51 (Canales/Zaffirini) Municipal Court: provides that: (1) the Office of Court Administration must create, promulgate, and update standard forms for use in criminal actions for: (a) waiving a jury trial and entering a plea guilty or nolo contendere in a misdemeanor case; (b) a trial court to admonish a defendant; and (c) a defendant who receives admonitions in writing to acknowledge that the defendant understands the admonitions and is Supreme Court 63 by rule shall set the date by which all courts must adopt and use the forms. (Effective September 1, 2019.) VETOED H.B. 93 (Canales/Hinojosa) Magistrates: provides that any signed order pertaining to criminal matters under various statutes that is issued by a magistrate must include, written form, or legible stamp print. (Effective September 1, 2019.) H.B. 435 (Shaneen/Zaffirini) Uncollectible Fees and Cost: this bill allows the trial court in a criminal action or proceeding to enter an order forgiving an outstanding fee or item of cost and close the case when request by the officer authorized to collect fees or items of cost and: (1) the defendant is deceased; (2) the defendant is serving a sentence for imprisonment for life or life without parole; or (3) the fee has been unpaid for at least 15 years. (Effective September 1, 2019.) H.B. 685 (Clardy/Hughes) Court Clerk Liability: provides that a court clerk (including a municipal court clerk): (1) is not responsible for the management or removal of a document from a state court document database and is not liable for damages resulting from the release of a document in the database, if the clerk in good faith performs the duties as clerk as provided by law and the Texas Rules of Civil Procedure; and (2) is not liable for the release of a sealed or , unless the clerk acts intentionally, or with malice, reckless disregard, or gross negligence in the release of the document. (Effective immediately.) VETOED H.B. 929 (Anchia/Watson) Magistrates: provides that a magistrate must inform the person arrested that a plea of guilty or nolo contendere for the offense charged may affect the in t armed forces. (Effective September 1, 2019.) H.B. 1717 (White/Huffman) Municipal Judges: confirms that one person may hold more than one office as an elected or appointed municipal judge in more than one city at the same time. (Effective January 1, 2020 if H.J.R 72 is approved at an election on November 5, 2019.) (See H.J.R. 72, below.) H.B. 2048 (Zerwas/Huffman) Drivers Responsibility Program: provides that: 1. the driver responsibility program is repealed; 2. the trauma facility and emergency medical services account is composed of money from various funds including state traffic fines, miscellaneous traffic fines, and fees authorized under the automobile burglary and theft prevention authority; 3. the commissioner of the Department of State Health Services (DSHS) must use in each fiscal year, minus the required reserve of $500,000 for extraordinary emergencies: (a) at least 94 percent of the money appropriated from the trauma facility and emergency medical services account to fund a portion of the uncompensated trauma care provided at facilities designated as state trauma facilities by DSHS or an undesignated facility in active pursuit of designation; (b) three percent in connection with an effort to provide 64 coordination with the appropriate trauma service area, the cost of supplies, operational expenses, education and training, equipment, vehicles, and communication systems for local emergency medical services; and (c) two percent for operation of the 22 trauma service areas and for equipment, communications, and education and training for the areas; 4. the fee authorized under the automobile burglary and theft prevention authority is increased to $4; 5. out of each fee collected under (5), above: (a) 20 percent must be appropriated to the authority; (b) 20 percent must be deposited to the credit of the general revenue fund, to be used only for criminal justice purposes; and (c) 60 percent must be deposited to the credit of the designated trauma facility and emergency medical services account to be used only for the criminal justice purpose of funding designated trauma facilities, county and regional emergency medical services, and trauma care systems that provide trauma care and emergency medical services to victims of accidents resulting from traffic offenses; 6. the Department of Public Safety by rule must designate the offenses involving the operation of a motor vehicle that constitute a moving violation of the traffic law for the purpose of: (a) costs on conviction to fund statewide repository for data related to civil justice; (b) parent-taught drivers education; (c) criminal history record information obtained by DSHS for certain license or employment applicants; and (d) revocation, suspension, disqualification or denial of certification of emergency medical services personnel and emergency medical service provider license; 7. a person who enters a plea of guilty or nolo contendere to or is convicted of a traffic offense shall pay $50 as a state traffic fine and the city or county may retain four percent of the state traffic fine collected as a service fee for collection if the city or county remits the funds to the comptroller within a prescribed period; 8. the state traffic fines as received by the comptroller must be deposited: (a) 70 percent to the credit of the undedicated portion of the general revenue fund; and (b) 30 percent to the credit of the designated trauma facility and emergency medical services account; 9. the comptroller must deposit 70 percent of the state traffic fines collected from the cities and counties credit to the general revenue fund only until the total amount of the money deposited equals $250 million for that fiscal year and any money that exceeds $250 million must be deposited to the Texas mobility fund; 10. a person who has been finally convicted of an offense related to the operating of a motor vehicle while intoxicated, in addition to the specific fine, must pay a fine of: (a) $3,000 for the first conviction within a 36-month period; (b) $4,500 for a second or subsequent conviction within a 36-month period; and (c) $6,000 for a first or subsequent conviction blood, breath, or urine showed an alcohol concentration level of 0.15 or more at the time the analysis was performed; 11. the court must waive all fines and cost if a person is required to pay the fine under (10), above, is found by the court to be indigent; 12. a person is considered indigent under (11), above, if the person provides: (a) a copy of the established by the federal poverty guidelines; (b) a copy of the pers 65 does not exceed 125 percent of the applicable income level established by the federal poverty guidelines; or (c) documentation from a federal agency, state agency, or school district that indicated that the person, or if the person is a dependent as defined by the IRS, the taxpayer claiming the person as a dependent, receives assistance from: (i) food program or the financial assistance program; (ii) the federal women, infant, and children supplemental nutrition program; (iii) medical assistance program; (iv) child health plan program; or (v) national school free or reduced-price lunch program; 13. the custodian of money in a city treasury may deposit money collected under (10), above, in an interest-bearing account and must keep record of the amount of money that is on deposit in the treasury, and remit the money to the comptroller not later then the last day of the month following each calendar quarter; 14. a city or county may retain four percent of the money collected under (10), above, as a service fee for the collection if the county remits the funds to the comptroller within a prescribed period, and retain the interest accrued if the custodian of the money keeps records of the amount of money collected that is on deposit in the treasury and remits the funds to the comptroller within the prescribed period; 15. the money received by the comptroller under (10), above, must be deposited: (a) 80 percent to the credit of the undedicated portion of the general revenue fund, to be used only for criminal justice purposes; and (b) 20 percent to the credit of the designated trauma facility and emergency medical services account to be used only for the criminal justice purpose of funding designated trauma facilities, county and regional emergency medical services, and trauma care systems that provide trauma care and emergency medical services to victims of accidents resulting from traffic offenses; and 16. (16) money collected under (10), above, is subject to audit by the comptroller and money spent is subject to audit by the state auditor. (Effective September 1, 2019.) VETOED H.B. 2475 (Guillen/Zaffirini) Driver Responsibility Program: provides that a person may provide information to the court to establish indigent status to reduce or waive surcharges under the driver responsibility program at any time during a period the person is enrolled in an installment plan to pay these surcharges. (Effective September 1, 2019.) H.B. 2955 (Price/Zaffirini) Specialty Court Programs: provides that the Office of Court Administration of the Texas Judicial System: (1) will have oversight over approving specialty court programs; (2) provide technical assistance to specialty court programs upon request; (3) coordinate with an entity funded by the criminal justice provides service to specialty court programs; (4) monitor compliance of the specialty court program with the required programmatic best practices; (5) notify the criminal justice division about each specialty program that is not in compliance with required programmatic best practices; and (5) coordinate with and provide information to the criminal justice division on request of the divisions. (Effective September 1, 2019) H.J.R. 72 (White/Huffman) Municipal Judges: amends the Texas Constitution to confirm that one person may hold more than one office as an elected or appointed municipal judge in 66 more than one city at the same time. (Effective if approved at the election on November 5, 2019.) (See H.B. 1717, above.) S.B. 20 (Huffman/S. Thompson) Human Trafficking: provides that: (1) a person may petition the court that convicted the person or placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information (CHRI) on the grounds that the person committed the offense solely as a victim of human trafficking, continuous human trafficking, or compelling prostitution, if the person: (a) is convicted or placed on deferred adjudication community supervision for certain offenses, including a Class C theft; and (b) if requested by the applicable law enforcement agency or prosecuting attorney to provide assistance in the investigation or prosecution of human trafficking, continuous human trafficking, or compelling prostitution, or a federal offense containing elements that are substantially similar to the elements of human trafficking, continuous human trafficking, or compelling prostitution, and: (i) provided assistance in the investigation or prosecution of the above offenses; or (ii) did not provide assistance in the disability resulting from being a victim of the above offenses; (2) the petition under (1), above, must: (a) be in writing; (b) allege specific facts that, if proved, would establish that the petitioner committed the certain offenses solely as a victim of human trafficking, continuous human trafficking or compelling prostitution; and (c) assert that if the person has previously submitted a petition for an order of nondisclosure under (1), above, the person has not committed the certain clerk must promptly serve a copy of the petition and any supporting document on the appropriate office of attorney representing the state and any response to the petition by the attorney th representing the state must be filed not later than the 20 business day after date of service; (4) a person convicted or placed on deferred adjudication community supervision for certain offenses that the person committed solely as a victim of human trafficking, continuous human trafficking or compelling prostitution may file a petition for an order of nondisclosure of CHRI with respect of each offense, and may request consolidation of those petitions, in a district court of the county in which the person was convicted; (5) after notice to the state and opportunity for a hearing, the court with jurisdiction over the petition must issue an order prohibiting criminal justice agencies from disclosing the public CHRI relating the offense if the court determines: (a) the person committed the certain offenses solely as a victim of human trafficking, continuous human trafficking or compelling prostitution; (b) if applicable, the person did not commit another nondisclosure was submitted; and (c) issuance of the order is in the best interests of justice; (6) the person may petition the applicable court only on or after the first anniversary of the date the person: (a) completed the sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed; or (b) received a dismissal and discharge if the person was placed on deferred adjudication community supervision; (7) a victim of human trafficking, continuous human trafficking or compelling prostitution, is entitled to be informed that the victim may petition for an order of nondisclosure of CHRI if (1), above, applies; (8) a commercially sexually exploited persons court program must provide each program participant with information related to the right to petition for an order of nondisclosure of CHRI under (1), above; (9) the Health and Human Services Commission must establish a matching grant program to award to a city a grant in an amount equal to the amount committed by the city for the 67 development of a sex trafficking prevention needs assessment which must outline: (a) the prevalence of sex trafficking crimes in the city; (b) strategies for reducing the number of sex trafficking crimes in the city; and (c) prevention programs and initiatives; and (10) the office of the governor, in collaboration with the Child Sex Trafficking Prevention Unit, must establish and administer a grant program to train local law enforcement officers to recognize signs of sex trafficking. (Effective September 1, 2019.) S.B. 40 (Zaffirini/Lucio) Municipal Courts: provides, among other things, that: (1) if a disaster precludes a municipal court (or municipal court of record) from conducting its proceedings at the location assigned for the proceedings, the presiding judge of the administrative judicial region, with the approval of the judge of the affected municipal court, may designate an alternate location for the proceedings: (a) in the corporate limits of the city; or (b) outside the corporate limits of the city at the location the presiding judge of the administrative judicial region determines is closest in proximity to the city that allows the court to safely and practicably conduct its proceedings; and (2) if a disaster precludes a municipal court (or municipal court of record) from holding its terms, the presiding judge of the administrative judicial region, with the approval of the judge of the affected municipal court (or municipal court of record), may designate the terms and sessions of court. (Effective immediately.) S.B. 325 (Huffman/Landgraf) Protective Order Registry: provides that: (1) the Office of Court Administration (OCA), in consultation with the Department of Public Safety and the courts of the state, shall establish and maintain a centralized Internet-based registry for certain applications for a protective order filed and certain protective orders issued in this state; (2) the OCA shall establish and maintain the registry to allow city and county case management systems to easily interface with the registry; and (3) the clerk of the court shall enter: (a) a copy of the application for a protective order into the registry as soon as possible but not later than 24 hours after the time an application is filed; and (b) a copy of the protective order and, if applicable, a notation regarding modification or extension of the order, into the registry as soon as possible but not later than 24 hours after the time the court issues the original, modified, or extended protective order. (Effective September 1, 2019.) S.B. 346 (Zaffirini/Leach) Municipal Court Costs, Fines, and Fees/Indigent Defendants: this bill completely updates municipal court costs, fines, and fees, and makes numerous changes ity to pay. With regard to court costs, fines, and fees, the bill provides, among other things, that: 1. a person convicted of an offense shall pay: (a) $62 (up from $40) as a court cost, in addition to all other costs, on conviction of a nonjailable misdemeanor offense, including a criminal violation of a municipal ordinance, other than a conviction of an offense relating to a pedestrian or the parking of a motor vehicle; and (b) $14 as a court cost, in addition to all other costs, on conviction; 2. the money collected under (1) as court costs imposed on offenses committed on or after January 1, 2020, shall be allocated according to the percentages provided in (3), below; 3. the comptroller shall allocate the court costs received under (1), above, to the following accounts and funds so that each receives to the extent practicable, utilizing historical data 68 as applicable, the same amount of money the account or fund would have received if the court costs for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following percentages: (a) crime stoppers assistance account 0.2427 (down from 0.2581) percent; (b) breath alcohol testing account 0.3900 (down from 0.5507) percent; (c) Bill Blackwood Law Enforcement Management Institute account 1.4741 (down from 2.1683) percent; (d) Texas Commission on Law Enforcement account 3.4418 (renamed from the former law enforcement officers standards and education account and down from 5.0034) percent; (e) law enforcement and custodial officer supplement retirement trust fund 7.2674 (down from 11.1426) percent; (f) criminal justice planning account 8.5748 (down from 12.5537) percent; (f) an account in the state treasury to be used only for the establishment and operation of the Center for the Study and Prevention of Juvenile Crime and Delinquency at Prairie View A&M University 0.8540 (down from 1.2090) percent; (g) compensation to victims of crime account 24.6704 (down from 37.6338) percent; (h) emergency radio infrastructure account 3.6913 (down from 5.5904) percent; (i) judicial and court personnel training account 3.3224 (down from 4.8362) percent; (j) an account in the state treasury to be used for the establishment and operation of the Correctional Management Institute of Texas and Criminal Justice Center Account 0.8522 (down from 1.2090) percent; (k) fair defense account 17.8857 (down from 17.8448) percent; (l) a new judicial fund 12.2667 percent; (m) a new DNA testing account 0.1394 percent; (n) a new specialty court account 1.0377 percent; (o) a new statewide electronic filing system account 0.5485 percent; (p) a new jury service fund 6.4090 percent; (q) a new truancy prevention and diversion account 2.5956 percent; and (r) a new transportation administrative fee account 4.3363 percent; 4. the following new accounts are created: (a) the specialty court account is an account in the general revenue fund that may be used only to fund specialty court programs; (b) the jury service fund is created in the state treasury and may be appropriated only to provide juror reimbursements to counties, and if, at any time, the unexpended balance of the jury service fund exceeds $10 million, the comptroller shall transfer the amount in excess of $10 million to the fair defense account; (c) the DNA testing account is an account in the general revenue fund and may be appropriated only to the Department of Public Safety to help defray the cost of collecting or analyzing DNA samples provided by defendants who are required to pay a court cost; (d) the transportation administrative fee account is an account in the general revenue fund that may be appropriated only to the Department of renewal for failure to appear; and (e) the truancy prevention and diversion account is a dedicated account in the general revenue fund funded by fees under (3)(q), above, and the legislature may appropriate money from the account only to the criminal justice division prevention and intervention services; 5. a new chapter governing local criminal fees paid to local governments is created, and for purpose of that chapter provides that: (a) a person is considered to have been convicted in a case if: (i) a judgment, a sentence, or both a judgment and a sentence are imposed on the person; (ii) the person receives community supervision, deferred adjudication, or deferred disposition; or (iii) the court defers final disposition of the case or imposition of the judgment and sentence; and (2) money collected under Subchapter C as court costs 69 imposed on offenses committed on or after January 1, 2020, shall be allocated according to the percentages provided by the bill; 6. the treasurer shall allocate the court costs received under Section (5), above, to the following accounts and funds so that each receives to the extent practicable, utilizing historical data as applicable, the same amount of money the account or fund would have received if the court costs for the accounts and funds had been collected and reported separately, except that the account or fund may not receive less than the following percentages: (a) the municipal court building security fund 35 percent; (b) the local truancy prevention and diversion fund 35.7143 percent; (c) the municipal court technology fund 28.5714 percent; and (d) the municipal jury fund 0.7143 percent; 7. money allocated under Section (6)(d), above, to the municipal jury fund maintained in the municipal treasury may be used by a municipality only to fund juror reimbursements and otherwise finance jury services; 8. money allocated under (6)(b), above, to the local truancy prevention and diversion fund maintained in the municipal treasury may be used by a municipality to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses relating to the position of a juvenile case manager, and if there is money in the fund after those costs are paid subject to the direction of the governing body of the municipality and on approval by the employing court, a juvenile case manager may direct the remaining money to be used to implement programs directly related to the duties of the juvenile case manager, including juvenile alcohol and substance abuse programs, educational and leadership programs, and any other projects designed to prevent or reduce the number of juvenile referrals to the court, however money in the fund may not be used to supplement the income of an employee whose primary role is not that of a juvenile case manager; 9. the current $3 jury fee, $5 juvenile case manager fee; $6 support of the judiciary fee, and $2 indigent defense fee are repealed; and 10. reduced from $25 to $15, with a municipality keeping the entire fee (as opposed to sending 50 percent to the comptroller) for the purpose of improving the collection of outstanding court costs, fines, reimbursement fees, or restitution or improving the efficiency of the administration of justice in the municipality. des, among other things, that: 1. 2. if a defendant notifies the court that the defendant has difficulty paying the fine and costs in compliance with the judgment, the court shall hold a hearing to determine whether that portion of the judgment imposes an undue hardship on the defendant; 3. for purposes of Section (2), above, a defendant may notify the court by: (a) voluntarily appearing and informing the court or the clerk of the court in the manner established by the court for that purpose; (b) filing a motion with the court; (c) mailing a letter to the court; or (d) any other method established by the court for that purpose; 4. if the court determines at the hearing under Section (2) that the portion of the judgment regarding the fine and costs imposes an undue hardship on the defendant, the court shall 70 consider whether the fine and costs should be satisfied through one or more methods under current law, such as payment at a later date or community service; 5. the court may decline to hold a hearing under Section (2) if the court: (a) previously held a hearing with respect to the case and is able to determine without holding a hearing that the portion of the judgment regarding the fine and costs does not impose an undue hardship on the defendant; or (b) is able to determine without holding a hearing that: (i) the applicable portion of the judgment imposes an undue hardship on the defendant; and (ii) the fine and costs should be satisfied through one or more methods listed under current law, such as payment at a later date or community service; 6. a court may not issue a capias pro fine for the according to its terms unless the court holds a hearing to determine whether the judgment imposes an undue hardship on the defendant and the defendant fails to: (a) appear at the hearing; or (b) comply with an order issued as a result of the hearing; 7. if the court determines at the hearing under Section (2) that the judgment imposes an undue hardship on the defendant, the court shall determine whether the fine and costs should be satisfied through one or more methods listed under current law, such as payment at a later date or community service; 8. if the court determines at the hearing under Section (2) that the judgment does not impose an undue hardship on the defendant, the court shall order the defendant to comply with the judgment not later than the 30th day after the date the determination is made; 9. t physical or mental impairment or disability; (b) pregnancy and childbirth; (c) substantial family commitments or responsibilities, including child or dependent care; (d) work responsibilities and hours; (e) transportation limitations; (f) homelessness or housing insecurity; and (g) any other factor the court determines relevant; 10. a court may waive payment of all or part of the costs imposed on a defendant if the court determines that the defendant: (a) is indigent or does not have sufficient resources or income to pay all or part of the costs; or (b) was, at the time the offense was committed, a child; 11. a defendant placed on community supervision, including deferred adjudication community supervision, whose fine or costs are wholly or partly waived: (a) at any time motion or by motion of the attorney representing the state, may reconsider the waiver of the fine or costs; and (b) after providing written notice to the defendant and an pay, the court may order the defendant to pay all or part of the waived amount of the fine or costs only if the court determines that the defendant has sufficient resources or income to pay that amount; 12. if the judge determines that requiring a defendant to appear before the judge in person for a hearing related to ability to pay would impose an undue hardship on the defendant, the judge may allow the defendant to appear by telephone or videoconference; 13. if the defendant notifies the justice or judge that the defendant has difficulty paying the fine and costs in compliance with the judgment, the justice or judge shall hold a hearing to determine whether the judgment imposes an undue hardship on the defendant. 71 14. for purposes of Section (13), above, a defendant may notify the judge by: (a) voluntarily appearing and informing the judge or the clerk of the court in the manner established by the judge for that purpose; (b) filing a motion with the judge; (c) mailing a letter to the judge; or (d) any other method established by the judge for that purpose; 15. if the judge determines at the hearing that the judgment imposes an undue hardship on the defendant, the justice or judge shall consider whether to allow the defendant to satisfy the fine and costs through one or more methods under current law, such as payment at a later date or community service; and 16. the judge may decline to hold a hearing if the judge: (a) previously held a hearing with respect to the case and is able to determine without holding a hearing that the judgment does not impose an undue hardship on the defendant; or (b) is able to determine without holding a hearing that the judgment imposes an undue hardship on the defendant and the fine and costs should be satisfied through one or more methods under current law, such as payment at a later date or community service. (Effective January 1, 2020.) S.B. 489 (Zaffirini/Smithee) : provides that: (1) the Texas Ethics Commission must remove or redact the residence address of a municipal judge or made available on the Internet on receiving notice from the Office of Court Administration of a spouse of the municipal judge; and (2) the city secretary must remove or redact the residence address of the municipal judge, from a financial statement filed before the financial statement is made available to a member of the public on the written request of a municipal judge or candidate for municipal judge. (Effective September 1, 2019.) S.B. 562 (Zaffirini/Price) Competency Restoration: revises various procedures for sending defendants for competency restoration, and provides that a person who has been placed under a custodial or noncustodial arrest for commission of a misdemeanor is entitled to have all records and files relating to the arrest expunged (and related fees waived) if the person completes a mental health court program and meets certain other requirements. (Effective immediately). S.B. 891 (Huffman/Leach) Judicial Administration: provides that: (1) the Uniform Electronic Transactions Act does not apply to the transmission, preparation, completion, enforceability, or admissibility of a document in any form that is: (a) produced by a court reporter appointed by a judge of a court of record, a certified court reporter, or registered shorthand reporting firm for use in the state or federal judicial system; or (b) governed by rules adopted by the supreme court, including rules governing the electronic filing system established by the supreme court; (2) the Office of Court Administration: (a) must identify each law enacted by the legislature following each regular legislative session that imposes or changes the amount of a court cost or fee collected by the clerk of a district, county, statutory county, municipal, or justice court from a party to a civil case or a defendant in a criminal case, including a filing or docketing fee, jury fee, cost on conviction, or fee or charge for services or to cover the expenses of a public official or agency; (b) must prepare a list of each court cost or fee to be imposed or 72 changed and publish the list in the Texas Register not later than August 1st after the end of the regular legislative session at which the law imposing or changing the amount of the cost or fee was enacted; (c) must develop and maintain a public Internet website that allows a person to easily publish certain public information on the Internet website or the office to post certain public information on the Internet website on receipt from the person; (d) must allow the public to easily access, search, and sort the information on the Internet website; (e) will have oversight over approving specialty court programs; and (f) must: (i) provide technical assistance to specialty court programs upon request; (ii) coordinate with an entity funded by the criminal court programs; (iii) monitor compliance of the specialty court program with the required programmatic best practices; and (iv) notify the criminal justice division about each specialty program that is not in compliance with required programmatic best practices; and (3) the collection improvement program and corresponding statutes are repealed. (Effective September 1, 2019, unless otherwise provided.) S.B. 2390 (Powell/Guillen) Order for Emergency Protection: this bill: (1) allows the court issuing certain emergency protection orders to make confidential the mailing address of the person protected by the order upon the request of the person protected by the order or if determined necessary by the magistrate; and (2) requires the court clerk to: (a) strike the mailing address from the public records of the court; (b) maintain a confidential record of the mailing address for use only by the court and law enforcement agency to enter into the Department of information to the defendant. (Effective September 1, 2019.) Community and Economic Development H.B. 304 (Paul/Nelson) Municipal Management Districts: makes various changes to the governance and operation of municipal management districts. (Effective September 1, 2019.) H.B. 347 (P. King/Birdwell) Annexation: ends most unilateral annexations by any city, regardless of population or location. Specifically, the bill: (1) eliminates the distinction between Tier 1 and Tier 2 cities and counties created by S.B. 6 (2017); (2) eliminates existing annexation authority that applied to Tier 1 cities and makes most annexations subject to the three consent annexation procedures created by S.B. 6 (2017), which allow for annexation: (a) on request of the each owner of the land; (b) of an area with a population of less than 200 by petition of voters and, if required, owners in the area; and (c) of an area with a population of at least 200 by election of voters and, if required, petition of landowners; and (3) authorizes certain narrowly- defined types of annexation (e.g., city-owned airports, navigable streams, strategic partnership areas, industrial district areas, etc.) to continue using a service plan, notice, and hearing annexation procedure. (Effective immediately.) H.B. 799 (Landgraf/Nichols) Vehicle Height Limitations: this bill provides that: (1) the owner of a vehicle is strictly liable for any damage to a bridge, underpass, or similar structure that is caused by the height of the vehicle unless at the time the damage was caused: (a) the vehicle was stolen; (b) the vertical clearance of the structure was less than that posted on the 73 structure; (c) the vehicle was being operated under the immediate direction of a law enforcement agency; or (d) the vehicle was being operated in compliance with a permit authorizing the movement of the vehicle issued by the state or a political subdivision; (2) a person commits an offense if the person operates or attempts to operate a vehicle over or on a bridge or through an underpass or similar structure, unless the height of the vehicle, including load, is less than the vertical clearance of structure as shown by the records of the Texas Department of Transportation (Department); and (3) it is an affirmative defense to prosecution of an offense described in Item (2) above that at the time of the offense: (a) the vertical clearance of the structure was less than that posted on the structure; (b) the vehicle was being operated under the immediate direction of a law enforcement agency; or (c) the vehicle was being operated in compliance with a permit authorizing the movement of the vehicle issued by the Department or a political subdivision. (Effective September 1, 2019.) H.B. 852 (Holland/Fallon) Building Permit Fees: provides that: (1) in determining the amount of a building permit or inspection fee required in connection with the construction or improvement of a residential dwelling, a city may not consider: (a) the value of the dwelling; or (b) the cost of constructing or improving the dwelling; and (2) a city may not require the disclosure of information related to the value of or cost of constructing or improving a residential dwelling as a condition of obtaining a building permit except as required by the Federal Emergency Management Agency for participation in the National Flood Insurance Program. (Effective immediately.) H.B. 1136 (Price/Nelson) Tourism Public Improvement Districts: this bill: (1) authorizes any city to establish a tourism public improvement district composed of territory in which the only businesses are one or more hotels; (2) provides that a district created after September 1, 2019, may undertake a project only for advertising, promotion, or business recruitment, as those categories directly relate to hotels; and (3) authorizes a city council to include property in a tourism public improvement district if: (a) the property is a hotel; and (b) the property could have been included in the district without violating the requisite petition requirements when the district was created regardless of whether the record owners of the property signed the original petition. (Effective immediately.) H.B. 1385 (T. King/Hancock) Industrialized Housing and Buildings: removes the height limit for a structure to be classified as industrialized housing and buildings. (Effective September 1, 2019.) H.B. 1833 (Wray) Transfer of Real Property: provides that: (1) a business entity may execute an affidavit identifying one or more individuals with the authority to engage in a real estate transaction, including selling, applying for zoning or rezoning or other governmental permits, or platting an estate or interest in real property, on behalf of the entity; (2) such affidavit must be executed under penalty of perjury by an individual who swears that the individual: (a) is at least 18 years old; (b) is authorized to execute and deliver the affidavit on behalf of the entity; (c) is fully competent to execute and deliver the affidavit on behalf of the entity; and (d) understands that third parties will rely on the truthfulness of the statements made in the affidavit; (3) the property is located; and (4) a person who in good faith acts in reliance on such affidavit that has 74 not been terminated or expired is not liable to any person for that act and may assume, without inquiry, the existence of the facts contained in the affidavit provided that the person does not have actual knowledge that any material representations contained in the affidavit are incorrect. (Effective September 1, 2019.) H.B. 1973 (Button/Nelson) Affordable Housing: alters the scoring system for an application for a low income housing tax credit by authorizing the Texas Department of Housing and Community Affairs to use the maximum number of points that could have been awarded based on a written statement by a state representative to increase the maximum number of points that may be awarded for the application attributable to community participation on the basis of a resolution from the applicable city or county government when no written statement is received for an application from the state representative who represents the district containing the proposed development site. (Effective September 1, 2019.) H.B. 2018 (Thierry/Huffman) Municipal Management Districts: provides that: (1) not later than the 90th day after the date a municipal management district annexes or excludes land, the district shall provide a description of the metes and bounds of the district, as of the date the annexation takes effect, to each city that, on the date the annexation takes effect: (a) has territory that overlaps wit not required to provide the description of the metes and bounds to a city that has waived in H.B. 2402 (Geren/Fallon) Major Events Reimbursement Program: adds a Big 12 Football Conference Championship game, a World Wrestling Entertainment WrestleMania event, a championship in the National Reined Cow Horse Association Championship Series, and a CONVRG conference to the list of events eligible for funding under the Major Events Reimbursement Program. (Effective immediately.) H.B. 2439 (Phelan/Buckingham) Building Materials: provides that: 1. means a publication that is developed, promulgated, and periodically updated at a national level by organizations consisting of industry and government fire and building safety officials through a legislative or consensus process and that is intended for consideration by units of government as local law, including the International Residential Code, the National Electrical Code, and the International Building Code; 2. a governmental entity, including a city, may not adopt or enforce a rule, charter provision, ordinance, order, building code, or other regulation that: (a) prohibits or limits, directly or indirectly, the use or installation of a building product or material in the construction, renovation, maintenance, or other alteration of a residential or commercial building if the building product or material is approved for use by a national model code published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; or (b) establishes a standard for a building product, material, or aesthetic method in construction, renovation, maintenance, or other alteration of a residential or commercial building if the standard is more stringent than a standard for the product, material, or aesthetic method under a national model code 75 published within the last three code cycles that applies to the construction, renovation, maintenance, or other alteration of the building; 3. a governmental entity that adopts a building code governing the construction, renovation, maintenance, or other alteration of a residential or commercial building may amend a provision of the building code to conform to local concerns if the amendment does not conflict with the prohibition in (2), above. 4. the prohibition in (2), above, does not apply to: (a) a program established by a state agency that requires particular standards, incentives, or financing arrangements in order to comply with requirements of a state or federal funding source or housing program; (b) a requirement for a building necessary to consider the building eligible for windstorm and hail insurance coverage; (c) an ordinance or other regulation that: (i) regulates outdoor lighting for the purpose of reducing light pollution; and (ii) is adopted by a governmental entity that is certified as a Dark Sky Community by the International Dark-Sky Association as part of the International Dark Sky Places Program; (d) an ordinance or order that: (i) regulates outdoor lighting; and (ii) is adopted under the authority of state law; or (e) a building located in a place or area designated for its historical, cultural, or architectural importance and significance that a city may regulate through zoning, if the city: (i) is a certified local government under the National Historic Preservation Act; or (ii) has an applicable landmark ordinance that meets the requirements under the certified local government program as determined by the Texas Historical Commission; (f) a building located in a place or area designated for its historical, cultural, or architectural importance and significance by a governmental entity, if designated before April 1, 2019; (g) a building located in an area designated as a historic district on the National Register of Historic Places; (h) a building designated as a Recorded Texas Historic Landmark; (i) a building designated as a State Archeological Landmark or State Antiquities Landmark; (j) a building listed on the National Register of Historic Places or designated as a landmark by a governmental entity; (k) a building located in a World Heritage Buffer Zone; (l) a building located in an area designated for development, restoration, or preservation in a main street city under the main street program; or (m) the installation of a fire sprinkler protection system; 5. a city that is not described by (4)(c)(i) and (ii)(e.g., a city that is not dark skies certified) may adopt or enforce a regulation described by (2), above, that applies to a building located in a place or area designated on or after April 1, 2019, by the city for its historical, cultural, or architectural importance and significance, if the city has the voluntary consent from the building owner; 6. a rule, charter provision, ordinance, order, building code, or other regulation adopted by a governmental entity that conflicts with the bill is void; 7. the attorney general or an aggrieved party may file an action in district court to enjoin a violation or threatened violation of the bill; and 8. the attorney general may recover reasonable attorney an action under the bill, and sovereign and governmental immunity to suit is waived and abolished to the extent necessary to enforce the bill. (Effective September 1, 2019.) 76 H.B. 2496 (Cyrier/Buckingham) Local Historic Landmarks: this bill: (1) prohibits a city that has established a process for designating places or areas of historical, culture, or architectural significance through zoning regulations from designating a property as a local historic landmark unless: (a) the owner of the property consents to the designation; or (b) the designation is approved by three-fourths vote of the city council and the zoning, planning, or historical commission, if any; (2) allows a city to designate a property owned by a qualified religious organization as a local historic landmark only if the organization consents to the designation; (3) requires a city to provide a property owner a statement describing certain impacts that a local historic landmark designation may have on the owner and the property no later than the 15th day before the date of the initial hearing on the designation; and (4) requires a city to allow the owner of a property to withdraw consent at any time during the local historic landmark designation process. (Effective immediately.) H.B. 2497 (Cyrier/Hughes) Board of Adjustment: this bill: (1) requires the city council to approve rules adopted by the board of adjustment; (2) allows the following persons to appeal to the board of adjustment a decision made by an administrative official that is not related to a specific application, address, or project: (a) a person aggrieved by the decision; or (b) an officer, department, board, or bureau of the city affected by the decision; (3) allows the following persons to appeal to the board of adjustment a decision by an administrative official that is related to a specific application, address, or project: (a) a person who files an application that is the subject of the decision; (b) a person who is the owner of property or representative of the owner that is the subject of the decision; (c) a person who is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or (d) any officer, department, board, or bureau of the city affected by the decision; (4) requires that a decision made by an administrative official be appealed to the board of adjustment not later than the 20th day after the date the decision is made; and (5) requires the board of adjustment to decide an appeal described in (4) at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed. (Effective September 1, 2019.) H.B. 2529 (Leach/Watson) Housing Authorities: provides that a tenant of a public project over which a housing authority has jurisdiction or a recipient of housing assistance administered -based rental assistance program may be appointed as a commissioner of the authority. (Effective September 1, 2019.) H.B. 2858 (Toth/Schwertner) Swimming Pool and Spa Code: provides that: (1) to protect the public health, safety, and welfare, the International Swimming Pool and Spa Code, as it existed on May 1, 2019, is adopted as the municipal swimming pool and spa code in this state; (2) the International Swimming Pool and Spa Code applies to all construction, alteration, remodeling, enlargement, and repair of swimming pools and spas in a city that elects to regulate pools or spas, including by requiring fencing under current state law; (3) a city may establish procedures for the adoption of local amendments to the International Swimming Pool and Spa Code and the administration and enforcement of the International Swimming Pool and Spa Code; and (4) a city may review and adopt amendments made by the International Code Council to the International Swimming Pool and Spa Code after May 1, 2019. (Effective September 1, 2019.) 77 H.B. 3167 (Oliverson/Hughes) Land Development Applications/Replats: makes numerous changes to the subdivision platting process. With regard to the approval of a subdivision plat or site plan, the bill provides that: 1. including a subdivision plan, subdivision construction plan, site plan, land development general plan, final plat, and replat; 2. the approval procedures under the subdivision platting law as amended by the bill apply to a city regardless of whether it has entered into an interlocal agreement, including an interlocal agreement between the city and county relating to extraterritorial jurisdiction subdivision platting agreement as required by state law; 3. the municipal authority responsible for approving plats shall approve, approve with conditions, or disapprove a plan or plat within 30 days after the date the plan or plat is filed the time limits), and a plan or plat is approved by the municipal authority unless it is disapproved within that period and in accordance with (9) and (10), below; 4. if an ordinance requires that a plan or plat be approved by the governing body of the city in addition to the planning commission, the governing body shall approve, approve with conditions, or disapprove the plan or plat within 30 days after the date the plan or plat is approved by the planning commission or is approved by the inaction of the commission, and a plan or plat is approved by the governing body unless it is disapproved within that period and in accordance with (9) and (10), below; 5. if a groundwater availability certification is required, the 30-day period described by (3) and (4), above, begins on the date the applicant submits the groundwater availability certification to the municipal authority responsible for approving plats or the governing body of the city, as applicable; 6. the parties may extend the 30-day period described by (3) and (4), above, for a period not to exceed 30 days if: (a) the applicant requests the extension in writing to the municipal authority responsible for approving plats or the governing body of the municipality, as applicable; and (b) the municipal authority or governing body, as applicable, approves the extension request; 7. if a plan or plat is approved, the municipal authority giving the approval shall endorse the plan or plat with a certificate indicating the approval; 8. if the municipal authority responsible for approving plats fails to approve, approve with conditions, or disapprove a plan or plat within the prescribed period, the authority on the d that the authority failed to act on the plan or plat within the period; 9. a municipal authority or governing body that conditionally approves or disapproves a plan or plat shall provide the applicant a written statement of the conditions for the conditional approval or reasons for disapproval that clearly articulates each specific condition for the conditional approval or reason for disapproval; 10. each condition or reason specified in the written statement: (a) must be directly related to the requirements under the subdivision platting law and include a citation to the law, 78 including a statute or municipal ordinance, that is the basis for the conditional approval or disapproval, if applicable; and (b) may not be arbitrary; 11. after the conditional approval or disapproval of a plan or plat under (9) and (10), above, the applicant may submit to the municipal authority or governing body that conditionally approved or disapproved the plan or plat a written response that satisfies each condition for the conditional approval or remedies each reason for disapproval provided, and the municipal authority or governing body may not establish a deadline for an applicant to submit the response; 12. a municipal authority or governing body that receives a response under (11), above, shall approved or disapproved plan or plat not later than the 15th day after the date the response was submitted; 13. a municipal authority or governing body that conditionally approves or disapproves a plan or plat following the submission of a response under (11), above: (a) must comply with (9) and (10), above; and (b) may disapprove the plan or plat only for a specific condition or reason provided to the applicant under (9) and (10), above; 14. a municipal authority or governing body that receives a response under (11), above, shall approve a previously conditionally approved or disapproved plan or plat if the response adequately addresses each condition of the conditional approval or each reason for the disapproval; 15. a previously conditionally approved or disapproved plan or plat is approved if: (a) the applicant filed a response that meets the requirements of (14), above; and (b) the municipal authority or governing body that received the response does not disapprove the plan or plat on or before the date required by (12), above, and in accordance with (9) and (10), above; 16. an applicant may elect at any time to seek approval for a plan or plat under an alternative approval process adopted by a city if the process allows for a shorter approval period than the approval process described in the sections above; 17. an applicant that elects to seek approval under the alternative approval process described by (16), above, is not: (a) required to satisfy the requirements of the sections above before bringing an action challenging a disapproval of a plan or plat; and (b) prejudiced in any manner in bringing the action described by (a), including satisfying a requirement to exhaust any and all remedies; 18. a municipal authority responsible for approving plats or the governing body of a municipality may not request or require an applicant to waive a deadline or other approval procedure; and 19. in a legal action challenging a disapproval of a plan or plat, the city has the burden of proving by clear and convincing evidence that the disapproval meets the requirements of the subdivision platting law or any applicable case law, and the court may not use a deferential standard. With regard to the approval of replats, the bill provides that: 1. a replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: (a) is signed and acknowledged by only the owners of the property being replatted; (b) is approved by the 79 municipal authority responsible for approving plats; and (c) does not attempt to amend or remove any covenants or restrictions; and 2. for a replat that, during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot: (a) if the proposed replat requires a variance or exception, a public hearing must be held by the municipal planning commission or the governing body of the city and; (b) if a proposed replat does not require a variance or exception, the city shall, not later than the 15th day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipality or county tax roll; (c) sections (a) and (b) do not apply to a proposed replat if the municipal planning commission or the governing body of the city holds a public hearing and gives notice of the hearing in the manner provided by section (b); (d) the notice of a replat approval required by section (b) must include: (i) the zoning designation of the property after the replat; and (ii) a telephone number and e-mail address an owner of a lot may use to contact the city about the replat. (Effective September 1, 2019.) H.B. 3314 (Romero/Zaffirini) Replats: provides that a replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding plat without vacation of that plat if the replat: (1) is signed and acknowledged by only the owners of the property being replatted; (2) is approved by the municipal authority responsible for approving plats; and (3) does not attempt to amend or remove any covenants or restrictions. In addition, for a replat that, during the preceding five years, any of the area to be replatted was limited by an interim or permanent zoning classification to residential use for not more than two residential units per lot or any lot in the preceding plat was limited by deed restrictions to residential use for not more than two residential units per lot: (1) if the proposed replat requires a variance or exception, a public hearing must be held by the municipal planning commission or the governing body of the city; (2) if a proposed replat does not require a variance or exception, the city shall, not later than th the 15 day after the date the replat is approved, provide written notice by mail of the approval of the replat to each owner of a lot in the original subdivision that is within 200 feet of the lots to be replatted according to the most recent municipality or county tax roll; (3) sections (1) and (2) do not apply to a proposed replat if the municipal planning commission or the governing body of the city holds a public hearing and gives notice of the hearing in the manner provided by section (2); (4) the notice of a replat approval required by section (2) must include: (a) the zoning designation of the property after the replat; and (b) a telephone number and e-mail address an owner of a lot may use to contact the city about the replat. (Effective September 1, 2019.) H.B. 4075 (Perez/Nelson) Fire Control, Prevention, and Emergency Medical Services Districts: clarifies that: (1) a district is dissolved on the first uniform election date that occurs after the fifth anniversary of the date the city began to impose taxes for district purposes if the district has not held a continuation or dissolution referendum; (2) a district is dissolved on the first uniform election date that occurs after the fifth anniversary of the date of the most recent 80 continuation or dissolution referendum; (3) the dissolution provision in (2) does not apply to a district that is continued for a specified number of years pursuant to an election, and that district is dissolved on the first uniform election date that occurs after the end of the period for which it was continued. (Effective September 1, 2019.) H.B. 4257 (Craddick/Campbell) Annexation Retaliation: provides that: (1) the disapproval of the proposed annexation of an area does not affect any existing legal obligation of the city proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area; and (2) a city that makes a wholesale sale of water to a special district may not charge rates for the water that are higher than rates charged in other similarly situated areas solely because the district is wholly or partly located in an area that disapproved of a proposed annexation. (Effective immediately.) S.B. 26 (Kolkhorst/Cyrier) Parks Funding: this bill, among other things, requires the legislature to allocate sporting goods sales tax revenue credited to the Parks and Wildlife Department in specific amounts provided in the General Appropriations Act, and those amounts may be used only for the following purposes: (1) to acquire, operate, maintain, and make capital improvements to parks; (2) for assistance to local parks; (3) to pay debt service of bonds issued by the department; (4) to fund the state contributions for benefits and benefit-related costs attributable to the salaries and wages of department employees paid from sporting goods sales tax receipts; and (5) to fund the state contributions for annuitant group coverages under the group benefits program operated by the Employees Retirement System of Texas attributable to sporting goods sales tax receipts. (Effective September 1, 2021, but only if S.J.R. 24 is approved at the election on November 5, 2019.) (See S.J.R. 24, below.) VETOED S.B. 746 (Cortes/Campbell) Annexation: provides that: (1) if a city does not obtain the number of signatures on a petition required to annex an area, it may not annex any part of the area and may not adopt another resolution to annex any part of the area until the fifth anniversary of the date the petition period ended; and (2) if a majority of qualified voters do not approve a proposed annexation at an election called for that purpose, it may not annex any part of the area and may not adopt another resolution to annex any part of the area until the fifth anniversary of the date of the adoption of the resolution. (Effective immediately.) S.B. 1024 (Perry/Craddick) Post-Annexation City Services: provides that: (1) a city with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan that is identical or substantially similar to access to those services in the city; (2) a person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a city that fails to provide access to services in accordance with (1); (3) in the action for the writ: (a) the court may order the parties to participate in mediation; (b) the city has the burden of proving that it complied with (1); (c) the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and (d) if the person prevails, the city shall disannex the property that is the subject of the suit within a reasonable period specified by the court or comply with (1); and inging the action for 81 the writ; and (4) ty is waived and abolished to the extent of liability created under the bill. (Effective September 1, 2019.) S.B. 1303 (Bettencourt/Bell) City and ETJ Mapping and Notice: provides that: (1) every city must maintain a copy of the map of , if the city has an engineer; and (b) if the city maintains a website, on the charge; (3) not later than January 1, 2020, a home rule city shall: (a) create, or contract for the creation of, and make publicly available a digital map that must be made available without charge and in a format widely used by common geographic information system software; (b) if it maintains an website, make the digital map available on that website; and (c) if it does not have common geographic information system software, make the digital map available in any other provisions that remain in the Municipal Annexation Act after the passage of H.B. 347 (summarized elsewhere in this edition), a home rule city must: (a) provide notice to any area that proposed annexation; and (b) include in the notice for each hearing a statement that the completed annexation of the area will expand the ETJ, a description of the area that would be newly included in the ETJ, a statement of the purpose of ETJ designation as provided by state law, and a brief description of each municipal ordinance that would be applicable, as authorized by state law relating to subdivision ordinances, in the area that would be newly included in the ETJ; and (c) before the city may institute annexation proceedings, create, or contract for the creation of, and make publicly available, without charge and in a widely used electronic format, a digital map that identifies the area proposed for annexation and any area that would be newly included in the ETJ as a result of the proposed annexation. (Note: Many of the remaining provisions of this bill modified sections in Chapter 43 of the Local Government Code, relating to municipal annexation, which were eliminated by H.B. 347.) (Effective immediately.) S.B. 1610 (Schwertner/Munoz) Rough Proportionality: provides that: (1) if a city requires, including under an ETJ subdivision agreement under Chapter 242, as a condition of approval for a property development project that the developer bear a portion of the costs of municipal infrastructure improvements by the making of dedications, the payment of fees, or the payment e costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the proposed development as approved by a professional engineer who holds a license and is retained by the city; and (2) the hall be completed within thirty days following the submission of the S.J.R. 24 (Kolkhorst/Cyrier) Parks Funding: amends the Texas Constitution to: (1) automatically appropriate the net revenue received from the collection of any state taxes on the sale, storage, use, or other consumption of sporting goods to the Parks and Wildlife Department and the Texas Historical Commission, or their successors in function; and (2) authorize the legislature, by adoption of a resolution approved by a record vote of two-thirds of the members of each house of the legislature, to direct the comptroller to reduce the amount of money appropriated to the Parks and Wildlife Department and the Texas Historical Commission, or their 82 successors in function, under certain circumstances. (Effective if approved at the election on November 5, 2019.)(See S.B. 26, above.) Personnel H.B. 292 (S. Thompson/Huffman) Peace Officer Minimum Curriculum: this bill requires: (1) the Texas Commission on Law Enforcement to include the basic education and training program on the trafficking of persons in the minimum curriculum requirements for peace officers; and (2) a peace officer to complete the program described in (1) not later than the second anniversary of the date the officer is licensed, unless the officer completes the program as H.B. 621 (Neave/Zaffirini) Child Abuse Reporting: provides that an employer, including a city, may not take any adverse employment action against a professional (an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license of certificate is required, has direct contact with children) who in good faith: (1) reports trator of the facility where the person is employed; (c) a state regulatory agency; or (d) a law enforcement agency; or (2) initiates or cooperates with an investigation or proceeding by a governmental entity relating to an allegation of child abuse or neglect. (Effective September 1, 2019.) H.B. 766 (Huberty/Watson) Tuition Exemptions for Disabled Peace Officers and Firefighters: modifies current law to provide that an institution of higher education shall exempt a student from the payment of tuition and fees for a course for which space is available if the student is: (1) a resident of the state and has resided in the state for 12 months immediately preceding the beginning of the semester or session for which an exemption is sought; (2) permanently disabled as a result of an injury suffered during the performance of a duty as a peace officer or a firefighter of the state or political subdivision; and (3) unable to continue employment as a peace officer or firefighter because of the disability. (Effective immediately.) th H.B. 872 (Hefner/Flores) Survivor Benefits: provides that: (1) not later than the 30 day after position or as a result of an action that occurs while the officer is performing those duties, the ty must furnish to the board of trustees of the Employees Retirement System of Texas (ERS) proof of the death in the form and with additional evidence and information required by the board; (2) employing entity must furnish the required evidence and information concerning proof of death to ERS regardless of whether the entity the proof, evidence, and information required by (1), above, and any additional information the attorney general may use any me with (1), above, if the employer fails to comply. (Effective September 1, 2019.) 83 H.B. 971 (Clardy/Minjarez) Certification of Law Enforcement Officers: provides that the Texas Commission on Law Enforcement shall adopt rules to allow an officer who has served in the military to receive, based on that military service, credit toward meeting any training hours required for an intermediate, advanced, or master proficiency certification. (Effective September 1, 2019.) th H.B. 1064 (Ashby/Birdwell) Texas Firefighters Day: designates May 4 as Texas Firefighters Day. (Effective September 1, 2019.) H.B. 1074 (Price/Zaffirni) Training Programs: repeals the current law that prohibits employers from discrimination against employees between the ages of 40 and 56 on the basis of their age, when selecting employees for participation in apprenticeship, on-the-job training, or other training or retraining program. (Effective September 1, 2019.) H.B. 1090 (C. Bell/Kolkhorst) First Responders: this bill: (1) expands the definition of first responder to include: (a) an emergency response operator or emergency services dispatcher who provides communication support services for a governmental entity by responding to requests for assistance in emergencies; and (b) other emergency response personnel employed by a governmental entity; and (2) expands the waiver of sovereign or governmental immunity from September 1, 2019.) H.B. 1256 (Phelan/Kolkhorst) - First Responder Immunization History: provides that an direct access to the state immunization register to verify the firs record. (Effective September 1, 2019.) H.B. 1418 (Phelan/Huffman) Immunizations: requires the Health and Human Services Commission adopt a system that provides an individual who files an application for certification or recertification as an emergency medical services (EMS) personnel with the following information: (1) if the individ immunization history: (a) details about the program developed for informing first responders about the immunization registry and educating first responders about the benefits of being included in the immunization registry; and (b) the specific risks to EMS personnel when responding rapidly to an emergency of exposure to and infection by a potentially serious or deadly communicable disease that an immunization may prevent. (Effective immediately.) H.B. 2143 (J. Turner/Whitmire) : this bill: (1) expands the workers compensation presumption for post-traumatic stress disorder (PTSD) to include PTSD caused by multiple, as well as single, events; and (2) for purposes of a claim, the date of injury for post- traumatic stress disorder suffered by a first responder is the date on which the first responder first (Effective September 1, 2019.) 84 H.B. 2164 (Burns/Hughes) Peace Officer Weapons: provides that: (1) an establishment serving the public (e.g., a hotel, motel, or other place of lodging; a restaurant or other place where food is offered for sale to the public; a retail business or other commercial establishment or an office building to which the general public is invited; a sports venue; and any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited) may not prohibit or otherwise restrict a peace officer or special investigator from carrying on the authorized to carry, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon; (2) an establishment serving the public that violates (1) is subject to a civil penalty in the amount of $1,000 for each violation; and (3) the attorney general may sue to collect a civil penalty under the bill. (Effective September 1, 2019.) H.B. 2195 (Meyer/Zaffirini) Active Shooter Training: provides that a school district peace officer or school resource officer shall complete an active shooter response training program approved by the Texas Commission on Law Enforcement. (Effective immediately, and the Texas Commission on Law Enforcement shall as soon as practicable approve training, which must be taken no later than August 31, 2020.) H.B. 2305 (Morrison/Kolkhorst) Emergency Management Training: provides that the Texas Division of Emergency Management shall establish a work group of persons knowledgeable on emergency management to study and develop a proposal for enhancing the training and credentialing of emergency management directors, emergency management coordinators, and other emergency management personnel on the state or local level. (Effective September 1, 2019.) VETOED H.B. 2348 (King/Zaffirini) Volunteer Emergency Responders: this bill: (1) provides that an employer, including a city, that employs 20 or more employees may not terminate, suspend, or terminate an employee who is a volunteer emergency responder and who is absent from or late to work because the employee is responding to a declared disaster in the not be absent from work for more than 14 days in a calendar year unless the absence is approved by the employer; (3) requires an employee described in Item (1), above, to make a reasonable effort to notify his or her employer that the employee may be absent or late; (4) authorizes an employer to reduce the wages otherwise owed to the employee for any pay period because the employee took time off during that pay period to respond to an emergency, or require, unless otherwise provided by a collective bargaining agreement, the employee to use existing leave time for an absence; (5) provides that an employee who is suspended or terminated in violation of the comparable position; (b) compensation for lost wages; and (c) reinstatement of any fringe benefits and seniority rights lost because of the suspension or termination; and (6) creates a civil cause of action against an employer who violates the provisions of the bill. (Effective September 1, 2019.) 85 H.B. 2446 (Swanson/Fallon) Firefighters and Emergency Medical Service Personnel: provides that: (1) a volunteer fire department or a fire department operated by an emergency service district is entitled to obtain a criminal history record information (CHRI) from the Department of Public Safety (DPS) that relates to a person who holds a position with the fire department and seeks to conduct fire safety inspections without becoming certified as a fire inspector by the Texas Commission on Fire Protection (TCFP); (2) a city is entitled to obtain a inspections without becoming certified as a fire inspector by the TCFP; (3) the following entities may provide fire safety inspection training: (a) TCFP or a training facility certified by TCFP; (b) that association; (c) any state agency with authority over fire safety inspections; or (d) any local agency authorized to provide training by a state agency with authority over fire safety inspections; (4) a person is not required to be certified by the TCFP to conduct fire safety inspections if: (a) the individual: (i) has completed a course of training on fire safety inspections offered by the entities under (3), above, that complies with the 2014 Edition of the National Fire Protection Association Standard 1031: Fire Inspector I; (ii) is a member of a volunteer fire department, or authorized to conduct fire safety inspections by a city in which an emergency service district is located if the city has adopted a fire safety code; and (iii) has not been convicted of an offense that involves family violence, or a felony; and (b) the inspection is conducted in: (i) a county with a population of less than 100,000; or (ii) a political subdivision of this state that employs fewer than five firefighters regulated by the TCFP; (5) the home address, home telephone number, emergency contact information, date of birth, social security number, and family member information of a firefighter, volunteer firefighter, or emergency medical service personnel is considered confidential under the personnel exceptions of the Public Information Act; (6) the work schedule or a time sheet of a firefighter, volunteer firefighter, or emergency medical services personnel is confidential and excepted under the Public Information Act; and (7) the home address in appraisal records of a firefighter, volunteer firefighter, or emergency medical service personnel is confidential if these individuals choose to restrict public access to the information by filling out the prescribed form. (Effective Immediately.) H.B. 2503 (Kacal/Menendez) : provides that an the following: (1) a first responder; (2) an elected, appointed or employed peace officer of the state, a political subdivision or a private institution of higher education; or (3) an intrastate fire mutual aid system team member or a regional incident management team member who is activated by the Texas Division of Emergency Management (Division) or is injured during training sponsored or sanctioned by the Division. (Effective September 1, 2019.) H.B. 2584 (Cortez/Mendendez) Code Enforcement Officers: this bill: (1) exempts a code enforcement officer from the prohibition on carrying a club, if the officer holds a certificate of registration as a code enforcement officer and is carrying the club to deter animal bites while the officer is on duty; and (2) requires the Texas Commission of Licensing and Regulation to include educational training requirements regarding the principles and procedures to be followed when possessing or carrying an instrument used for deterring animal bites. (Effective September 1, 2019.) 86 H.B. 3247 (Martinez/Alvarado) Texas Emergency Services Retirement System: this bill: (1) makes various administrative changes to the Texas Emergency Services Retirement System; -for-profit entities that person who performs emergency services or supports services as a volunteer or employee of a participating department, regardless of whether the person receives compensation from the participating department for the services; permits the board of trustees of the System to adopt rules allowing a participating department to terminate participation from the System in a manner that maintains an actuarially sound pension system. (Effective September 1, 2019.) H.B. 3635 (J. Turner/Hughes) Survivor Benefits: this bill: (1) modifies current law to provide that the eligible survivors of certain individuals described in item (2), below, who die in the line of duty shall be entitled to a lump sum payment by the state of $500,000 during the 12 months beginning September 1, 2019, and thereafter, effective September 1 of each following year, an adjustment to the lump sum in an amount equal to the percentage change in the consumer price index for all urban consumers for the preceding year: including: (1) peace officers appointed, elected or employed by a city; and (2) provides that item (1) above applies to, among others, the following individuals: (a) an individual elected, appointed, or employed as a peace officer by a city; (b) a member of an organized police reserve or auxiliary unit who regularly assists peace officers in enforcing criminal laws; (c) a certified firefighter who is employed by a city; (d) an individual employed by a city whose principal duties are aircraft crash and rescue fire fighting; (e) a member of an organized volunteer fire-fighting unit that renders fire-fighting services without remuneration and conducts a minimum of two drills each month, each two hours long; (f) an individual who performs emergency medical services or operates an ambulance, is employed by the city or is an emergency medical services volunteer, and is qualified as an emergency care attendant; (g) an individual who is employed or formally designated as a chaplain for an organized volunteer firefighting unit of a city or a law enforcement agency of a city; and (h) an individual employed by a city to be a trainee for a position described above. (Effective September 1, 2019.) S.B. 16 (Hancock/Stucky) Peace Officer Loan Repayment Assistance Program: provides that the Higher Education Coordinating Board must establish and administer a program to provide loan repayment assistance in the repayment of eligible loans for eligible persons who agree to continued employment as full-time peace officers in this state for a specified time. (Effective September 1, 2019.) S.B. 370 (Watson/Smithee) Jury Service: this bill: (1) prohibits an employer, including a city, from discharging, threatening to discharge, intimidating, or coercing any permanent employee because the employer serves as a juror, attends or has a scheduled attendance in connection with jury service in any court in the United States; and (2) provides that an employee described in (1), above, who is discharged, threatened with discharge, intimidated or coerced is entitled to return to the same employment that the employee held when summoned for jury duty provided that the employee, as soon as practicable after release from jury service, gives the employer actual notice that the employee intends to return. (Effective immediately.) 87 S.B. 586 (Watson/Neave) Peace Officer Training Requirements: the bill, among other things, adds to the required peace officer training program, training to recognize, document, and investigate cases involving child abuse or neglect, family violence, and sexual assault that include use of best practices and trauma-informed techniques; and (2) requires the Texas Commission on Law Enforcement to establish a certification program for officers who complete training on responding to allegations of family violence or sexual assault. (Effective September 1, 2019.) S.B. 971 (Huffman/Herrero) Assault Training: would provide that the minimum curriculum training and minimum continuing education training required for peace officers must include instruction in recognizing and recording, in certain types of cases, circumstances indicating that a victim may have been assaulted by strangulation or suffocation. (Effective September 1, 2019.) S.B. 1582 (Lucio/Wray) Peace Officer Disease Presumption: provides that: 1. a peace officer is entitled to preventative immunization for any disease to which the officer may be exposed in performing official duties and for which immunization is possible; 2. vaccination for a contagious disease to which the officer is exposed during the course of employment; 3. a peace officer is presumed to have suffered a disability or death during the course and scope of employment if the peace officer: (a) received preventative immunization against small pox, or another disease to which the officer may be exposed during the course and scope of employment and for which immunization is possible; and (b) suffered death or total or partial disability as a result of the immunization; 4. a peace officer who suffers tuberculosis, or any other disease or illness of the lungs or respiratory tract that has a statistically positive correlation with services as a peace officer that results in death or total or partial disability is presumed to have contracted the disease or illness during the course and scope of employment as a peace officer; 5. a peace officer who suffers an acute myocardial infraction or stroke resulting in disability or death is presumed to have suffered the disability or death during the course and scope of employment as a peace officer if: (a) while on duty, the peace officer: (i) was engaged in a situation that involved nonroutine stressful or strenuous physical activity that involved fire suppression, rescue, hazardous material response, emergency medical services, or other emergency response activity; or (ii) participated in a training exercise that involved nonroutine stressful or strenuous physical activity; and (b)the acute myocardial infraction occurred while the officer was engaging in the activity described herein; 6. that the provisions described in Items (3), (4), and (5) above only apply to an individual elected, appointed, or employed to serve as a peace officer for a governmental entity, including a city, who: (a) on becoming a peace officer received a physical examination that failed to reveal evidence of the illness or disease for which benefits or compensation are sought using a presumption; (b) is employed for five or more years as a peace officer; and (c) seeks benefits or compensation for a disease or illness that is discovered during employment as a peace officer; and 88 7. if for which an applicable disease presumption is claimed, the notice must include a statement by the carrier that: (a) explains why the carrier determined a presumption does not apply to the claim for compensation; and (b) describes the evidence that the carrier reviewed in making the determination. (Effective September 1, 2019.) S.B. 2551(Hinojosa/Burrows) Firefighter and EMT Disease Presumption: this bill: 1. modifies current law to provide that certain fire fighters and emergency medical technicians (EMT) who suffer from one or more of the following 11 cancers resulting in death or total or partial disability are presumed to have developed the cancer during the course and scope of employment as a firefighter or EMT: (a) cancer that originates at the stomach, colon, rectum, skin, prostate, testis, or brain; (b) non- multiple myeloma; (d) malignant melanoma; and (e) renal cell carcinoma; 2. repeals the current law that provided for a presumption to apply, the cancer must be known to be associated with fire fighting or exposure to heat, smoke, radiation, or a known or suspected carcinogen; 3. repeals the current law that provides that the presumption described in Item (1) above may be rebutted by a showing, by a preponderance of evidence, that a risk factor, showing that a risk factor, accident, hazard, or other cause not associated with the occurred; 4. repeals the current law that provides that a rebuttal statement must detail the evidence that the person offering the rebuttal reviewed before making the determination that a replaces that standard with a rebuttal statement that must detail disease or illness would not have occurred; 5. provides that an administrative law judge, in addressing an argument based on a rebuttal, shall make findings of fact and conclusions of law that consider whether a qualified expert, relying on evidence-based medicine, stated the opinion, that based on reasonable medical probability, an identified risk factor, accident, hazard, or other cause not se or illness, without which the disease or illness would not have occurred; 6. provides that an insurance carrier is not required to comply with a requirement to meet a 15- in response to a claim or provide a written notice of refusal to pay benefits if: (a) the 89 claimed; and (2) not later than the 15th day after the date on which the insurance carrier received written notice of the injury, the insurance carrier has provided notice that describes all steps taken by the insurance carrier to investigate the injury before the notice was given and the evidence the carrier reasonably believes is necessary to complete its investigation of the compensability of the injury; 7. provides that, in determining whether to assess an administrative penalty involving a claim in which an insurance carrier provided notice as described in Item (6) above, the following shall be taken into consideration: (a) whether the employee cooperated with the whether the employee timely authorized e to begin payment of benefits or provide a notice of refusal to pay; and (c) whether the insurance carrier conducted an investigation of the claim, applied the statutory presumption provisions, and expedited required provision of medical benefits for certain injuries sustained by a first responder in the course and scope of employment; 8. establishes that a political subdivision that self-insures either individually or collectively is liable for: (a) sanctions, administrative penalties, and other remedies authorized under attorney; 9. provides that a pool (two or more political subdivisions collectively self-insuring under an interlocal agreement) or a political subdivision that self-insures may establish an account for the payment of death benefits and lifetime income under the provisions of the ); 10. provides that: (a) the Account may accumulate assets in an amount that the pool or political subdivision, in its sole discretion, determines is necessary in order to pay death benefits and lifetime income benefits; and (b) the establishment of the Account or the amount of assets accumulated in the Account does not affect the liability of a pool or a political subdivision for the payment of death benefits and lifetime income benefits; 11. provides that the provisions of the Public Funds Investment Act does not apply to the investment of assets in the Account; 12. provides that the pool or political subdivision investing or reinvesting the assets of an Account shall discharge its duties solely in the interest of current and future beneficiaries: (a) for the exclusive purposes of: (i) providing death benefits and lifetime income benefits to current and future beneficiaries; and (ii) defraying reasonable expenses of administering the account; (b) with the care, skill, prudence, and diligence under the prevailing circumstances that a prudent person acting in a like capacity and familiar with matters of the type would use in the conduct of an enterprise with a like character and like aims; (c) by diversifying the investments of the account to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and (d) in accordance with the documents and instruments governing the account to the extent that the documents and instruments are consistent with the provisions of the bill; and 13. provides that, in choosing and contracting for professional investment management services for services for an Account and in continuing the use of an investment manager, the pool or political subdivision must act prudently and in the interest of the current and future beneficiaries of the account. (Effective immediately.) 90 Public Safety H.B. 8 (Neave/Nelson) Evidence of Sex Offenses: provides that: 1. there is no statute of limitation on sexual assault, if: (a) during the investigation of the offense, biological matter is collected and the matter: (i) has not yet been subjected to forensic DNA testing; or (ii) has been subjected to forensic DNA testing and the test results show that the matter does not match the victim or any other person whose identity is readily ascertained; or (b) probable cause exists to believe that the defendant has committed the same or a similar sex offense against five or more victims; 2. an entity, which includes law enforcement agencies, must ensure that biological evidence, other than the contents of a sexual assault examination kit, collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved for not less than 40 years, or until any applicable statute of limitations has expired, if there is an unapprehended actor associated with the offense; 3. an entity is required to ensure that the contents of a sexual assault examination kit collected pursuant to an investigation or prosecution of a felony offense or conduct constituting a felony offense is retained and preserved for not less than 40 years, or until any applicable statute of limitations has expired, whichever period is longer, regardless whether a person has been apprehended for or charged with committing the offense; 4. the Department of Public Safety (DPS) must develop procedures for: (a) the transfer of evidence collected from a forensic medical examination of a victim of alleged sexual assault to a crime laboratory or other suitable location designated by the public safety director of DPS; (b) the preservation of the evidence by the receiving entity; and (c) the notification of the victim of the offense before a planned destruction of evidence; 5. an entity receiving evidence under (4), above, must preserve the evidence until the earlier of: (a) the fifth anniversary of the date on which evidence was collected; or (b) the date on which written consent to release the evidence is obtained from the required person; 6. an entity receiving evidence under (4), above, may destroy the evidence on the expiration provides written notification to the victim of the offense, in a trauma-informed manner, of the decision to destroy the evidence that includes: (i) detailed instructions on how the victim may make a written objection to the decision, including contact information for the entity; or (ii) a standard form for the victim to complete and return to the entity to make a written objection to decision; and (b) a written objection is not received by the st entity from the victim before the 91 day after the date on which the entity notifies the victim of the planned destruction of the evidence; 7. the chain of custody of evidence must be maintained for all sex offenses; 8. 9. if a health care facility or other entity that performs a medical examination to collect evidence of a sexual assault or other sex offense receives signed, written consent to release the evidence obtained from the required person, the facility or entity must promptly notify any law enforcement agency investigating the alleged offense; 91 10. a law enforcement agency that receives notice from a health care facility or other entity th under (9), above, must take possession of the evidence: (a) not later than the 7 day after th the date the law enforcement receives notice; or (b) not later than the 14 day after date the agency receives notice if facility or other entity is located more than 100 miles from the agency; 11. failure to comply with evidence procedures or requirements under (9) and (10), above, does not affect the admissibility of evidence in a trial of the offense; 12. a law enforcement agency must submit all sex offense evidence to a public accredited th crime laboratory for analysis not later than the 30 day after the date on which that evidence was received; th 13. a public accredited crime laboratory, as soon as practicable, but not later than the 90 day after the date on which the laboratory received the evidence, must complete its analysis 14. a public accredited crime laboratory must analyze any sex offense evidence submitted to the laboratory that is necessary to identify the offender or offenders no matter if the number of offenders is uncertain or unknown; 15. failure of a law enforcement agency to take possession of evidence of a sexual assault or other sex offense within the required period under (10), above, or to submit that evidence within the required period under (12), above, does not affect the authority of: (a) the agency to take possession of the evidence, or (b) DPS or a public accredited crime laboratory to compare the DNA profile obtained from the biological evidence with DNA profiles in the state database and the CODIS DNA database; th 16. not later than the 30 day after the date a public accredited laboratory analyzes evidence kits containing biological evidence, DPS must compare the DNA profiles obtained from the biological evidence with the DNA profiles maintained in the state database and CODIS DNA database; 17. a public accredited laboratory that analyzed evidence kits containing biological evidence may perform the comparison of DNA profiles required under (16), above, provided that: th (a) the laboratory performs the comparison not later than the 30 day after the date the analysis is complete and any necessary quality assurance reviews have been performed; (b) the law enforcement agency that submitted the evidence collection kit gives permission; and (c) the laboratory meets applicable federal and state requirements to access the databases; 18. each law enforcement agency and public accredited crime laboratory must submit a quarterly report to DPS identifying the number of evidence collection kits that the agency has not yet submitted for analysis or for which the laboratory has not yet completed an analysis; 19. a law enforcement agency in possession of an evidence collection kit that has not been submitted for analysis must: (a) not later than December 15, 2019, submit to DPS a list of before September 1, 2019, has not yet been submitted for analysis; (b) not later than January 15, 2020, and subject to the availability of laboratory storage space, submit to DPS or a public accredited crime laboratory all evidence collection kits pertaining to those active criminal cases that have not yet been submitted for analysis; and (c) if the law enforcement agency submits an evidence collection kit under (b), above, to a laboratory other than a DPS laboratory, notify DPS of: (i) the laboratory to which the 92 evidence collection kit was sent; and (ii) any analysis completed by the laboratory and the date on which the analysis was completed. (Effective September 1, 2019.) H.B. 18 (Price/Watson) Local Mental Health Authorities: this bill provides that: (1) the Health and Human Services Commission (HHSC) is required to develop guidelines for school districts regarding partnering with a local mental health authority and other providers to increase student access to mental health services; and (2) a local mental health authority must also report to HHSC: (a) the number of trainers who left the mental health first aid trainer program for any reason during the preceding fiscal year, and the number of active trainers; and (b) the number of university employees, school district employees, and school resources officers who completed a mental health first aid training program offered by the local mental health authority during the preceding fiscal year categorized by local mental health authority region, university, or school district, as applicable, and category of personnel. (Effective December 1, 2019.) H.B. 121 (Swanson/Creighton) Licensed Carry: provides that it is a defense to prosecution to the offenses of trespass by a license holder with a concealed or openly carried handgun (i.e., older was personally given notice by oral communication and promptly departed from the property. (Effective September 1, 2019.) VETOED H.B. 448 (Turner/Zaffirini) Child Passenger Safety Seat System: provides that: (1) a person commits an offense if the person operates a passenger vehicle, transports a child who is younger than two years of age, and does not keep the child secured during the operation of the vehicle in a rear-facing child passenger safety seat system unless the child: (a) is taller then three feet, four inches, or (b) weighs more than 40 pounds; (2) a peace officer may not: (a) stop motor vehicle or detain the operator of a motor vehicle solely to enforce (1) above; or (b) issue a citation under (1), above, unless the officer determines that the person has previously been issued a warning or citation for or convicted of this offense; and (3) a defense to prosecution under (1), above, is available if the child has a medical condition, as evidenced by a written statement form a licensed physician, that prevents the child from being secured in a rear- facing child passenger safety seat system. (Effective September 1, 2019.) H.B. 601 (Price/Zaffirini) : revises the procedures and reporting requirements regarding arrestees who are or may be persons with a mental illness or an intellectual disability, including: (1) requiring interviews with defendants when local mental health and intellectual and developmental disability authorities collect information about those in illness or an intellectual disability; (2) providing that the interview described in (1) must be included in a report when the authorities share information they have collected with the magistrate, defense attorney, prosecutor, and the court, and that the report is confidential; and (3) authorizing magistrates to order defendants to obtain services, in addition to the current authority to obtain treatment, when releasing them on bond. (Effective September 1, 2019.) 93 H.B. 616 (Neave/Nelson) Sexual Assault Forensic Medical Examinations: provides that: (1) a victim of the offense of sexual assault has the right to a forensic medical examination if, within 120 hours of the offense, the offense is reported to a law enforcement agency or a forensic medical examination is otherwise conducted at a health care facility; (2) if a sexual assault is reported to a law enforcement agency within 120 hours of the assault, the law enforcement agency, with the consent of the victim, a person authorized to act on behalf of the victim, or an employee of the Department of Family and Protective Services must request a forensic medical examination of the victim of the alleged assault for use in the investigation or prosecution of the offense; (3) if the sexual assault is not reported within 120 hours of the assault, the law enforcement agency may request a forensic medical examinations of a victim or an alleged sexual assault as considered appropriate by the agency on receipt of the appropriate consent; (4) if a sexual assault is reported to a law enforcement agency as provided by (2) and (3), above, the law enforcement agency: (a) must document, in the form and manner required by the attorney general, whether the agency requested a forensic medical examination; (b) must provide the to: (i) the health care facility and the sexual assault examiner, or sexual assault nurse examiner, as applicable, who provides services to the victim that are related to the sexual assault; and (ii) the victim or the person who consented to the forensic medical examination on behalf of the victim; and (c) maintain the documen run by a city or a hospital district, that provides a forensic medical examination to a sexual assault in accordance with (2) and (3), above, or the sexual assault examiner or sexual assault nurse examiner who conducts that examination, is entitled, upon an application to the attorney general, to be reimbursed in an amount set by the attorney general rule for: (a) the reasonable costs of the forensic portion of that examination; and (b) the evidence collection kit; (6) in accordance with the collection, preservation, and tracking of evidence of sex offenses, a health care facility must conduct a forensic medical examination of the victim of an alleged sexual assault if: (a) the victim arrives at the facility within 120 hours after the assault occurred; (b) the victim consents to the examination; and at the time of the examination the victim has not reported the assault to a law enforcement agency; (7) a health care facility that provides a forensic medical examination to a sexual assault survivor in accordance with (6), above, or the sexual assault examiner or sexual assault nurse examiner who conducts that examination within 120 hours after the alleged sexual assault occurred in entitled to be reimbursed, on application to the attorney general, in an amount set by attorney general rule for: (a) reasonable costs of the forensic portion of that examination; and (b) the evidence collection kit; (8) the health care facility is not entitled to reimbursement under (5) or (6), above, unless the forensic medical examination was conducted at the facility by a physician, sexual assault examiner, or sexual assault nurse examiner; (9) law enforcement agencies are not required to pay for the cost of the evidence collection kits or the examination when the agency request a forensic medical examination of a victim of an alleged sexual assault or other sex offense for use in the investigation or prosecution of the offense. (Effective September 1, 2019.) H.B. 979 (Hernandez/Smith) DNA Records: requires a person convicted of a class A misdemeanor offense of unlawful restraint or assault to provide to a law enforcement agency one or more specimens for the purpose of creating a record in the DNA database system. (Effective September 1, 2019.) 94 H.B. 1028 (Guillen/Huffman) Criminal Penalties: expands the types of offenses for which punishment is increased if committed in a disaster area or an evacuated area to include the following: (1) arson; (2) burglary of a coin-operated or coin collection machines; (3) burglary of vehicles; and (4) criminal trespass. (Effective September 1, 2019.) VETOED H.B. 1099 (Guillen/Hinojosa) Veterinary Commissioned Peace Officers: the bill: (1) authorizes the State Board of Veterinary Medical Examiners (Board) to employ and commission as a peace officer a person certified as a peace officer by the Texas Commission on Law Enforcement to Board commissions peace officers, the Board shall designate a peace officer as the chief investigator to supervise and direct the other peace officers commissioned by the Board, and such chief investigator must have appropriate training and experience in law enforcement, as determined by the Board. (September 1, 2019.) VETOED H.B. 1168 (Anchia/West) Firearms in Airports: provides that, in relation to the prohibition against carrying a firearm into the secured area of an airport: (1) means an area: (a) of an airport terminal building or of an adjacent aircraft parking area used by common carriers in air transportation but not used by general aviation; and (b) to which access is controlled under federal law; and (2) it is a defense to prosecution that the actor: (a) checked all firearms as baggage in accordance with federal or state law or regulations before entering a secured area; or (b) was authorized by a federal agency or the airport operator to possess a firearm in a secured area. (Effective September 1, 2019.) H.B. 1177 (Phelan/Bettencourt) Carrying Handguns during Disaster: provides that: (1) a person, regardless of whether he or she holds a license, may carry a handgun if: (a) the person carries the handgun while evacuating from an area following the declaration of a state or local more than 168 hours have elapsed since the state of disaster was declared, or more than 168 hours have elapsed since the time the declaration was made and the governor has extended the period during which a person may carry a handgun under the bill; and (c) the person is not prohibited by state or federal law from possessing a firearm; (2) a person may carry a handgun, regardless of whether the handgun is concealed or carried in a shoulder or belt holster, on the premises of a location operating as an emergency shelter in a location listed in (3), below, during a declared local or state disaster if the owner, controller, or operator of the premises or a person acting with apparent authority authorizes the carrying of the handgun, the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises, and the person is not prohibited by state or federal law from possessing a firearm; and (3) regardless of any state law prohibition, a person may carry, with the consent of the owner, et al., required by (2), above, on the premises of a school or educational institution, any grounds or building on which an activity sponsored by a school or educational institution is being conducted, or a passenger transportation vehicle of a school or educational institution, on the premises of a polling place on the day of an election or while early voting is in progress, on the premises of any government court or offices utilized by the court, on the premises of a racetrack, on the premises of an institution of higher education or private or independent institution of higher education, on any public or private driveway, street, sidewalk or walkway, parking lot, 95 parking garage, or other parking area of an institution of higher education or private or independent institution of higher education, on the premises of a business that has a permit or license issued by the Alcoholic Beverage Code, in an amusement park, or on the premises of a church, synagogue, or other established place of religious worship. (Effective September 1, 2019.) H.B. 1399 (Smith/Creighton) DNA Records: provides that: (1) a law enforcement agency that took a specimen of DNA from a defendant arrested for certain felony offenses must immediately destroy the record of the collection of the specimen, and the Department of Public Safety (DPS) must destroy the specimen and the record of its receipt, if: (a) the defendant is acquitted of the offenses for which the defendant was arrested; dismissed, or (c) after an individual has been granted relief in accordance with a writ of habeas corpus that is based on a court finding or determination that the person is actually innocent of a crime for which the person was sentenced; and (2) the court must provide notice of the acquittal or dismissal to the applicable law enforcement agency and DPS as soon as practicable after the acquittal or the dismissal of the case. (Effective September 1, 2019.) H.B. 1518 (Coleman/Seliger) Dextromethorphan Sale to Minors: provides that: (1) a business establishment may not dispense, distribute, or sell dextromethorphan to a customer under 18 years old and must verify age by requiring identification if the person looks younger than 27 years old; (2) after a business establishment gets one warning for a violation of the law, the business establishment is liable to the state for a civil penalty of $150 for the second violation and $250 for each subsequent violation; and (3) a political subdivision may not adopt or enforce an ordinance, order, rule, regulation, or policy that governs the sale, distribution, or possession of dextromethorphan and any such ordinance, rule, regulation, or policy is void and unenforceable. (Effective September 1, 2019.) H.B. 1528 (Rose/West) Misdemeanor Family Violence Offenses: provides that: (1) if a defendant is charged with a misdemeanor offense involving family violence, the judge or justice must take the defendant (2) information in the computerized criminal history system relating to sentencing must include for each sentence, among the other things required by current law, whether the judgment imposing the sentence reflects an affirmative finding of family violence; (3) the arresting law enforcement agency shall prepare a uniform incident fingerprint card described and initiate the reporting process for each offender charged with a misdemeanor punishable by fine only that involves family violence; and (4) on disposition of a case in which an offender is charged with a misdemeanor punishable by fine only that involves family violence, the clerk of the court exercising jurisdiction over the case shall report to the Department of Public Safety using a uniform incident fingerprint card or an electronic methodology approved by the Department of Public Safety. (Effective September 1, 2019.) H.B. 1552 (Paul/Schwertner) Retired Law Enforcement Officers/Handguns: provides, among other things, that; (1) the head of a state or local law enforcement agency may allow a qualified retired law enforcement officer who is a retired commissioned peace officer an opportunity to demonstrate weapons proficiency if the officer provides to the agency a sworn affidavit stating that: (a) the officer honorably retired after not less than a total of 10 years of 96 cumulative service as a commissioned officer with one or more state or local law enforcement agencies; or (b) before completing 10 years of cumulative service as a commissioned officer with one or more state or local law enforcement agencies, separated from employment with the agency or agencies and is a qualified retired law enforcement officer; (2) the state or local law enforcement agency shall establish written procedures for the issuance or denial of a certificate of proficiency, and the agency shall issue the certificate to a retired commissioned peace officer who satisfactorily demonstrates weapons proficiency; and (3) a qualified retired law enforcement officer who holds the certificate under (2) is authorized to carry essentially anywhere. (Effective September 1, 2019.) H.B. 1590 (Howard/Watson) : provides that: (1) the division; (2) the task force shall, among other things, (a) advise and provide resources to the Texas Commission on Law Enforcement (TCOLE) and other law enforcement organizations to improve law enforcement officer training related to the investigation and documentation of cases involving sexual assault and other sex offenses, with a focus on the interactions between law enforcement officer and survivors; and (b) provide to law enforcement agencies, prosecutors, and judges with jurisdiction over sexual assault or other sex offense case information and resources to maximize effective and empathetic investigation, prosecution, and hearings; (3) TCOLE shall consult with the task force regarding minimum curriculum requirements for training in the investigation and documentation of cases that involve sexual assault or other sex offenses; and (4) the task force expires September 1, 2023. (Effective Immediately.) H.B. 1631 (Stickland/Hall) Red Light Cameras: this bill: (1) prohibits a local authority, including a city, from implementing or operating a photographic traffic signal enforcement system with respect to a highway or street under the jurisdiction of the authority; (2) gives the attorney general authorization to enforce (1); (3) prohibits a local authority from issuing a civil or criminal charge or citation for an offense or violation based on a recorded image produced by a photographic traffic signal enforcement system; (4) repeals the laws authorizing the use of photographic signal enforcement systems; and (5) provides that a local authority that had enacted an ordinance to implement a photographic traffic signal enforcement system and entered into a contract for the administration of that system before May 7, 2019, may continue to operate the system under the terms of the contract until the expiration of the contract, unless the contract contains a provision that authorizes termination on the basis of adverse state legislation. (Effective immediately.) H.B. 1735 (Howard/Watson) Crime on College Campuses: provides that, to facilitate effective communication and coordination regarding allegations of sexual harassment, sexual assault, dating violence, and stalking at postsecondary education institutions, the institutions shall enter into a memorandum of understanding with one more: (1) local law enforcement agencies; (2) sexual harassment, sexual assault, dating violence, or stalking advocacy groups; and (3) hospitals or other medical resources providers. (Effective September 1, 2019.) H.B. 1769 (G. Bonnen/Taylor) Missing Adult Alert System: this bill requires: (1) the Texas Department of Public Safety to develop and implement a statewide alert system for missing adults (a person who is 18 years or older but younger than 65 years); and (2) local law 97 enforcement agencies to take various actions to activate the alert system described in (1). (Effective September 1, 2019.) VETOED H.B. 1771 (Thierry/Huffman) Juvenile Prostitution: provides that: (1) offering or agreeing to receive a fee to engage in sexual conduct by a juvenile is not delinquent conduct and the offending juvenile may not be referred to juvenile court; (2) an officer taking possession of a child who is suspected of engaging in prostitution may not arrest the child or refer the child to or to another person entitled to take possession of the child; and (4) if a parent or other person is not available to take possession of the child, the officer shall contact a local service provider or care coordinator who will facilitate the assignment of a case worker or to the Department of Family and Protective Services if a local service provider is not available. (Effective September 1, 2019.) H.B. 1789 (Tinderholt/Fallon) Mutual Aid: modifies current law to allow a county, city or joint airport to enter into an agreement with any city or county, regardless of whether the city is a neighboring city or the county is contiguous, to form a mutual aid law enforcement task force to cooperate in criminal investigations and law enforcement. (Effective immediately.) H.B. 1791 (Krause/Fallon) Licensed Carry Notice: provides that a state agency or a political subdivision of the state may not take any action, including an action consisting of the provision of notice by a communication described by Penal Code Sections 30.06 or 30.07 (Concealed/Open Carry Trespass by Handgun License Holder) that states or implies that a license holder who is carrying a handgun under the authority of state law is prohibited from entering or remaining on a premises or other place owned or leased by the governmental entity, unless license holders are prohibited from carrying a handgun on the premises or other place by state law. (Effective September 1, 2019.) H.B. 1869 (Klick/Zaffirini) EMS and Trauma Advisory Council: expands the composition among others: (1) a representative of a stand-alone emergency medical services agency in a municipality or taxing district, appointed from a list of names recommended by a statewide association representing emergency medical services agencies; and (2) a certified paramedic, appointed from a list of names recommended by a statewide association representing emergency medical services agencies or emergency medical services personnel. (Effective immediately.) H.B. 2203 (Miller/Kolkhorst) Radioactive Substance Release: provides that: (1) notwithstanding the Texas Disaster Act or any other law requiring confidentiality, the Department of State Health Services or any other state agency that receives a required report of a release of a radioactive substance into the environment shall immediately provide notice to each political subdivision of this state into which the substance was released; (2) the notice must include the name, quantity, and state of matter of the radioactive substance released, if known; and (3) the information contained in the notice provided to a political subdivision under is confidential and not subject to disclosure under the Public Information Act. (Effective immediately.) 98 H.B. 2613 (Frullo/Huffman) Human Smuggling and Trafficking: this bill: (1) makes the operation of a stash house a Class A misdemeanor; (2) expands the contraband definition as it applies to property used to facilitate or intended to be used to facilitate felonies to includeall offenses in Penal Code Chapter 43, which covers public indecency crimes; (3) expands the contraband definition as it applies to property used or intended to be used to commit human trafficking, operating a stash house, promoting prostitution, and compelling prostitution; and (4) requires that contraband forfeited from the crimes of human smuggling, continuous human smuggling, operating a stash house, aggravated promotion of prostitution, compelling prostitution, and human trafficking be used to provide direct victim services. (Effective September 1, 2019.) H.B. 2952 (Guillen/Zaffirini) Emergency Radio Infrastructure Grant Program: requires a program to provide grants to finance interoperable statewide emergency radio infrastructure. (Effective September 1, 2019.) VETOED H.B. 3022 (Miller/Kolkhorst) Local Emergency Warning System: this bill erson resides for the purpose of participating in an emergency warning system operated by the city or county; (2) for purposes of operating an emergency warning system for residents of a political subdivision, the political subdivision may contract with the Texas Department of Public Safety for disclosure by the department of the contact information of a resident of the political subdivision who consents to the disclosure for purposes of participating in the system; (3) the contact information obtained by a city or county as described in (2) may not be used or disclosed for any purpose other than enrolling a person in an emergency warning system and issuing warnings to the person through such a system; and (4) a participant in a local emergency warning system may request removal from the system. (Effective September 1, 2019.) H.B. 3070 (K. King/Zaffirini) Rural Volunteer Fire Department Assistance Program: this bill: (1) requires the director of the Texas A&M Forest Service to consider a volunteer fire department assistance fund; and (2) provides that a volunteer fire department with equipment that is damaged or lost while responding to a declared state of disaster in an area subject to the declaration may submit a request for emergency assistance from the volunteer fire department assistance fund for: (a) the replacement or repair of the damaged or lost personal protective equipment or other firefighting equipment; and (b) the purchase of a machine to clean personal protective equipment. (Effective September 1, 2019.) VETOED H.B. 3082 (Murphy/Birdwell) Unmanned Aircraft: this bill: (1) provides that a person commits the criminal offense of operating an unmanned aircraft over or near a correctional facility, detention facility, or critical infrastructure facility if the person acts with criminal negligence (current law provides that a person must act intentionally or knowingly); (2) requires a peace officer who investigates an offense described in (1) to notify the Department of Public Safety of the investigation, and provide other information as the department determines necessary; and (3) adds a military installation owned or operated by or for the federal 99 astructure for purposes of the offense described in (1). (Effective September 1, 2019.) H.B. 3106 (Goldman/Huffman) Sexual Assault Offenses: this bill: (1) requires a law enforcement agency that investigates a sexual assault or other sex offense to enter into the national database of the Violent Criminal Apprehension Program the following information regarding the investigation, as available: offense being investigated; (c) the manner in which the offense was committed; and (d) any other information required by the Federal Bureau of Investigation for inclusion in the database; and (2) excepts the information described in (1) from disclosure under the Public Information Act. (Effective September 1, 2019.) H.B. 3231 (Clardy/Fallon) Firearms Regulations: provides that: 1. a city may not adopt regulations relating to: (a) the transfer, possession, wearing, carrying, ownership, storage, transportation, licensing, or registration of firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; (b) commerce in firearms, air guns, knives, ammunition, or firearm or air gun supplies or accessories; or (c) the discharge of a firearm or air gun at a sport shooting range; 2. an ordinance, resolution, rule, or policy adopted or enforced by a city, or an official action, including in any legislative, police power, or proprietary capacity, taken by an employee or agent of a city in violation of (1), above, is void; 3. Section (1), above, does not affect the authority a city has under another law to, among other items in current law: (a) adopt or enforce a generally applicable zoning ordinance, land use regulation, fire code, or business ordinance; (b) regulate the carrying of a firearm by a person licensed to carry a handgun in accordance with express state law authority; or 4. the exception provided by Section (3)(a), above, does not apply if the ordinance or regulation is designed or enforced to effectively restrict or prohibit the manufacture, sale, purchase, transfer, or display of firearms, firearm accessories, or ammunition that is otherwise lawful in this state; 5. the exception provided by Section (3)(c), above, does not authorize a city to regulate an relating to storing a handgun in a parking lot; 6. the existing authority for a city to regulate the use of firearms, air guns, or knives in the case of an insurrection, riot, or natural disaster if the city finds the regulations necessary to protect public health and safety does not authorize the seizure or confiscation of any firearm, air gun, knife, ammunition, or firearm or air gun supplies or accessories from an individual who is lawfully carrying or possessing the firearm, air gun, knife, ammunition, or firearm or air gun supplies or accessories; 7. tgun shells, individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzle- dapted to enable the wearing or carrying by a person, or the storage or mounting in or on a conveyance, of a firearm or 100 air gun or be inserted into or affixed to a firearm or air gun to enable, alter, or improve the functioning or capabilities of the firearm; and 8. the attorney general may bring an action in the name of the state to obtain a temporary or permanent injunction against a city adopting a regulation in violation of the bill, and the attorney general may recover reasonable expenses incurred in obtaining an injunction, deposition costs. (Effective September 1, 2019.) H.B. 3285 (Sheffield/Huffman) Opioid Antagonist Grant Program: provides that: (1) the to provide financial assistance to a law enforcement agency in this state that seeks to provide opioid antagonists to peace officers, evidence technicians, and related personnel who, in the course of performing their duties, are likely to come into contact with opioids or encounter persons suffering forma an apparent opioid-related drug overdose; and (2) the executive commissioner of the Health and Human Services Commission: (a) must operate a program to provide opioid antagonists for the prevention of opioid overdoses in a manner determined by the executive commissioner to best accomplish that purpose; and (b) may provide opioid antagonists to emergency medical services personnel, first responders, public schools, community centers, and other persons likely to be in a position to respond to an opioid overdose. (Effective September 1, 2019.) H.B. 3316 (White/Whitmire) Crime Stoppers: provides, among other things, that a person who is a member or employee of a law enforcement agency who accepts a tip on behalf of the crime stoppers council or a crime stoppers organization commits an offense if the person intentionally or knowingly discloses to a person not a member of or employed by the council, a crime stoppers organization, a law enforcement agency, a school district, or an open-enrollment charter school the identity of a person who submitted a tip or the content of that tip without the disclose the information from the chief executive of the crime stoppers organization that originally received the tip, and the chief executive has reasonably determined that failing to disclose the identity of a person who submitted the tip creates a probability of imminent physical injury to another; or (2) the disclosure is otherwise required by law or court order. (Effective September 1, 2019.) H.B. 3540 (Burns/Hughes) : provides that: (1) a peace officer, before arresting a person with an intellectual or developmental disability that lives in certain group homes or an intermediate care facilities, may release the person at the the officer: (a) believes confinement of the person in a correctional facility is unnecessary to protect the person and the other persons who reside at the residence; and (2) made reasonable efforts to consult with the staff at the pe decision; and (2) a peace officer and the agency or political subdivision that employs that peace officer may not be held liable for damages to persons or property that results from the action of a person released under (1) above. (Effective September 1, 2019.) 101 H.B. 3800 (S. Thompson /Huffman) Human Trafficking Reporting: requires a peace officer who investigates the alleged commission of human trafficking to prepare and submit to the attorney general a written report that includes details of the offense, including the offense being investigated and certain information regarding each person suspected of the offense and each victim of the offense. (Effective September 1, 2019.) H.B. 4157 (Anchia/West) Designated Law Enforcement Office: changes the definition of a population of 200,000 or more, which affects certain laws governing the installation and use of tracking equipment and access to certain communications through a pen register, ESN reader, or similar equipment. (Effective September 1, 2019.) H.B. 4236 (Anderson/Birdwell) Body Worn Camera Recordings: provides that: (1) a law enforcement agency may permit the following to view a recording, provided that the law enforcement agency determines that the viewing furthers a law enforcement purpose and that any authorized representative who is permitted to view the recording was not a witness to the incident: (a) a person who is depicted in a body worn camera recording of an incident that involves the use of deadly force by a peace officer; or related to an administrative or criminal investigation of an officer; or (b) if the person is deceased, the per representative; (2) a person viewing a recording may not duplicate the recording or capture video or audio from the recording; and (3) a permitted viewing of a recording is not considered to be a release of public information for purpose of the Public Information Act. (Effective September 1, 2019.) H.B 4350 (Bohac/Alvarado) 9-1-1 System: this bill: (1) provides that a public safety answering point operated by an emergency communications district may transmit emergency consent of each participating jurisdiction; and (c) the consent of the emergency services district ately.) H.B. 4372 (Murphy/Whitmire) Youth Camps: provides that: (1) if a law enforcement agency notifies a youth camp operator of the investigation or conviction of an individual who is employed by the camp for an act of sexual abuse that occurred at the camp, the operator shall immediately notify the Department of State Health Services of the investigation or conviction and retain all records related to the investigation or conviction until the DSHS notifies the camp that the record retention is no longer required; (2) a youth camp operator shall develop and maintain a written policy regarding the method for reporting to DSHS suspected abuse occurring at the camp; an marked link to the youth camp program web page on the DSHS website. (Effective September 1, 2019.) H.B. 4468 (Coleman/Whitmire) Jails and Community Mental Health Programs: the bill: (1) provides that, if a notice of noncompliance is issued to a facility that is operated by a private entity that has entered into a contract with a city to provide for the financing, design, construction, leasing, operation, purchase, maintenance or management of the facility, the 102 compliance status of the facility shall be reviewed at the next meeting of the Commission on Jail Standards; (2) allows entities, including local governmental entities, that apply for state grants for the establishment and expansion of community collaboratives related to homelessness, substance abuse, or mental illness to count in-kind contributions for purposes of meeting the required funding amount that the entity is required to leverage in order to receive such grant; and (3) provides that the Department of State Health Services may award a grant described in Item (2), above, to an eligible entity for the purpose of establishing a community mental health program in a county with a population of less than 250,000, if the entity leverages additional funding from private sources in an amount equal to one-quarter of the amount of the grant to be awarded. (Effective September 1, 2019.) H.B. 4544 (Meyer/Fallon) Municipal Coyote Control: provides that: (1) a city with a population density of more than 2,500 persons per square mile may capture, relocate, or city may request assistance from Texas Wildlife Services to capture, relocate, or euthanize a coyote. (Effective immediately.) S.B. 11 (Taylor/Bonnen) School Safety: provides that: (1) a school distr security committee must include certain persons, including: (a) one or more representatives of an office of emergency management of a county or city in which the district is located; and (b) one or more representatives of the local and security committee must consult with local law enforcement agencies on methods to increase law enforcement presence near district campuses; (3) the commissioner of education must provide to a school district an annual allotment that must be used to improve school safety and security, including cost associated with providing security for the district, including collaborating with local law enforcement agencies, such as entering into a memorandum of understanding for the assignment of school resources officers to schools in the district; and (4) the Texas Commission on Law Enforcement by rule shall require a school district peace officer or a school resource officer who is commissioned by or who provides law enforcement at a school district to successfully complete an education and training program for school district peace officers and in the district or a campus of the district. (Effective Immediately.) S.B. 72 (Nelson/Guillen) Human Trafficking Prevention Coordinating Council: requires the office of the attorney general to establish a human trafficking prevention coordinating council to develop and implement a five-year strategic plan for preventing human trafficking that must include, among other things, certain information about related programs and services administered by political subdivisions. (Effective September 1, 2019.) S.B. 212 (Huffman/Morrison) Law Enforcement: provides that a postsecondary educational institution that receives a report of an incident of sexual harassment, sexual assault, dating violence, or stalking, is allowed to disclose the report to a law enforcement officer as necessary to conduct a criminal investigation of the report. (Effective January 1, 2020.) S.B. 340 (Huffman) Opioid Antagonists: the bill: (1) establishes a state grant program to provide financial assistance to a law enforcement agency that seeks to provide opioid antagonists 103 to its personnel who in the course of performing their duties are likely to come into contact with opioids or encounter persons suffering from an apparent opioid-related drug overdose; (2) requires a law enforcement agency that seeks a grant described in Item (1) above to first adopt a policy addressing the usage of an opioid antagonist for a person suffering from an apparent opioid-related drug overdose; (3) requires a law enforcement agency that applies for a grant to provide information to the state about the frequency and nature of: (a) interactions between peace officers and persons suffering from an apparent opioid-related drug overdose; (b) calls for assistance based on an apparent opioid-related overdose; and (c) any exposure by the law enforcement agency personnel to opioids or suspected opioids in the course of performing their duties; and (4) requires a law enforcement agency receiving a grant to provide to the state, as soon as practicable after receiving the grant, proof of purchase of the opioid antagonists. (Effective immediately.) S.B. 616 (Birdwell/Paddie) Texas Department of Public Safety: this is the DPS sunset bill, which: 1. continues the Texas Department of Public Safety (Department) until September 1, 2031; 2. identification license, and election identification certificate programs to the Texas Department of Motor Vehicles; 3. extends the expiration date of original and renewal dri 4. abolishes the Texas Private Security Board; 5. transfers the motorcycle and off-highway vehicle operator training programs to the Texas Department of Licensing and Regulation; 6. requires the Public Safety Commission to adopt physical fitness programs for law enforcement agencies that complies with current state law, and a resolution certifying that such programs are consistent with generally accepted scientific standards and meet all applicable requirements of state and federal labor and employment law; 7. requires the Department to, not later than September 1, 2020, to develop and implement the best practices for the collection, protection, and sharing of personal information held by the Department; 8. requires the Department, not later than May 30 of each year, to submit to the legislature a report on border crime and other criminal activity; 9. provides that the security department of a political subdivision may not employ a commissioned security officer unless the security department provides, in a prescribed commissioned security officer and register with the Department; (b) the name, title, and contact information of the person serving in the security department as the contract for the Department; and (c) any change in the information provided in Item (5)(a) and (b), above; 10. repeals provisions of the Texas Controlled Substances Act relating to permits for the sale or transfer of a chemical precursor or a chemical laboratory apparatus; and 11. creates a motorcycle safety grant program funded from the motorcycle education fund account. 104 (Effective September 1, 2019.) S.B. 752 (Huffman/Oliverson) Volunteer Health Care Providers: this bill provides immunity from civil liability for: (1) a volunteer health care provider for an act or omission that occurs in giving care, assistance, or advice if the care, assistance, or advice is provided: (a) in relation to a disaster that endangers individuals, property, or the environment; and (b) within the or omission described in (1) above; and (b) the institution does not expect compensation from the recipient of the care, assistance, or advice in excess of reimbursement for expenses incurred by the institution in connection with the provision of the care, assistance, or advice. (Effective September 1, 2019.) S.B. 976 (Hughes/Martinez) Notification to Peace Officer: this bill: (1) requires an application to register a vehicle to provide space for the applicant to voluntarily indicate that the applicant has a health condition or disability that may impede effective communication with a peace officer; (2) requires the Department of Motor Vehicles (DMV) to share the indication in (1) with the Department of Public Safety (DPS), which must establish a system to include the information in the Texas Law Enforcement Telecommunications System for the purpose of alerting a peace officer who makes a traffic stop that the operator may have a health condition or disability that may impede effective communication; and (3) provides that information related to may not be disclosed except as described in (2). (Effective September 1, 2019.) S.B. 1082 (Taylor/Deshotel) Coastal Barrier System: the legislature shall establish a joint interim committee to continue to study the feasibility and desirability of creating and maintaining a coastal barrier system in this state that includes a series of gates and barriers to prevent storm surge damage to gulf beaches or coastal ports, industry, or property; and (2) not later than December 1, 2020, the committee shall report to the governor and the legislature the findings of the study and any recommendations developed by the committee. (Effective immediately.) VETOED S.B. 1804 (Kolkhorst/Nevarez) Notification of Bond Conditions: provides that: (1) as soon as possible, but not later than the next business day, after the date the magistrate issues an order imposing a condition of bond or modifying or removing a condition, the magistrate must send a copy of the order to the appropriate attorney representing the state and to the chief of police in the city where the victim of the offense resides; (2) the clerk of the court s last known address as soon as possible, but not later than the next business day, after the date the order is issued; (3) a magistrate or court clerk may delay sending a copy of the order only if the magistrate or clerk lacks information necessary to ensure service and enforcement; (4) if the victim of the offense is not present when an order is issued, the magistrate must order a peace officer to make a good last known phone number; (5) not later that the third business day after the date of receipt of the copy of the order, a law enforcement agency must enter statewide law enforcement information system the following: (a) information required when entering protective orders or emergency protection order; (b) the date the order releasing the 105 defendant on bond was issued; and (c) the court that issued the order releasing the defendant on bond; (6) a law enforcement agency statewide law enforcement information system in the same manner that the agency enters the information for protective orders and emergency protection orders, regardless of whether the protective o, or the same person is being protected. (Effective September 1, 2019.) S.B. 1827 (Menendez/Lambert) Administration of Epinephrine: the bill: (1) allows a law enforcement agency to acquire and possess epinephrine auto-injectors; (2) allows a peace officer to possess and administer an epinephrine auto-injector only if the officer has successfully completed training in the use of the device in a course approved by the Texas Commission on Law Enforcement; (3) allows a physician or a person who has been delegated prescriptive authority to: (a) prescribe epinephrine auto-injectors in the name of the law enforcement; and (b) provide the law enforcement agency with a standing order for the administration of an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis; (4) allows a pharmacist to dispense an epinephrine auto-injector to a law enforcement agency without requiring the name of or any other identifying information relating to the user; (5) requires a law enforcement agency that acquires and possesses epinephrine auto-injectors to adopt and implement a policy regarding the maintenance, administration, and disposal of the epinephrine auto-injectors; (6) requires that such policy: (a) establish a process for the agency to check the inventory of epinephrine auto-injectors at regular intervals for expiration and replacement; and (b) require that the epinephrine auto-injectors be stored in a secure location; (7) requires that after an officer administers an epinephrine auto-injector, the law enforcement agency shall notify the physician or other person who prescribed the epinephrine auto-injector of: (a) the age of the person to whom the epinephrine auto-injector was administered; and (b) the number of epinephrine auto-injector doses administered to the person; (8) provides that the administration by a peace officer of an epinephrine auto-injector to a person in accordance with the bill does not constitute the unlawful practice of any health care profession; (9) provides that a person who in good faith takes, or fails to take, action relating to the administration of an epinephrine auto-injector by a peace officer is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act; and (10) provides that governmental immunity from suit or liability is not waived. (Effective September 1, 2019.) S.B. 2135 (Powell/Cortez) Law Enforcement: this bill provides that: (1) a law enforcement agency must provide to the superintendent or superintenden the student that is requested for the purpose of conducting a threat assessment or preparing a safety plan relating to that student; (2) a school board may enter into a memorandum of understanding with a law enforcement agency regarding the exchange of information relevant to conducting a threat assessment or preparing a safety plan; (3) information requested by the memorandum of understanding; and (4) law enforcement records concerning a child may be secondary school where the child is enrolled only for the purpose of conducting a threat assessment or preparing a safety plan related to the child. (Effective September 1, 2019.) 106 Transportation H.B. 61 (White/Nichols) Lighting on Certain Vehicles: provides that: (1) the definition of maintenance, temporary-traffic-control device placement or removal, and road construction; (2) the Texas Department of Transportation shall adopt standards and specifications that apply to lamps on highway maintenance and construction vehicles and may adopt standards and specifications that permit the use of flashing lights for identification purposes on highway construction vehicles; (3) a person may not operate a highway maintenance or construction vehicle that is not equipped with lamps or that does not display lighted lamps as required by the standards and specifications adopted by TxDOT; (4) an escort flag vehicle, which is a vehicle that precedes or follows an oversize or overweight vehicle for the purpose of facilitating the safe movement of the oversize or overweight vehicle, may be equipped with alternating or flashing blue and amber lights; (5) an operator of a motor vehicle commits a misdemeanor if, unless otherwise directed by a police officer, fails to slow to the required speed and fails to vacate the lane closest to the following vehicles in certain circumstances for, among others vehicles: (a) a service vehicle used by or for a utility and using visual signals that comply with lighting standards and specifications set by TxDOT; (b) a stationary vehicle used exclusively to transport municipal solid waste or recyclable material while being operated in connection with the removal or transportation of municipal solid waste or recyclable material from a location adjacent to the highway; or (c) a highway maintenance or construction vehicle operated pursuant to a contract; and (6) a vehicle in (5)(a), (5)(b), (5)(c), a stationary authorized emergency vehicle, a stationary tow truck, and a TxDOT vehicle may be equipped with flashing blue lights. (Effective September 1, 2019.) H.B. 339 (Murr/Perry) Work Zones: requires an entity that sets a lower speed limit on a road or highway in the state highway system for a construction or maintenance work zone to place a sign at the end of the zone indicating the speed limit after the zone ends. (Effective September 1, 2019.) H. B. 771 (S. Davis/Zaffirini) Wireless Communication Devices: (1) authorizes a school or school district to post a warning sign prohibiting the use of wireless communication devices while operating a motor vehicle in a school crossing zone with the approval of the local authority; and (2) provides that a prohibition on the use of a wireless communication device while operating a school bus or passenger bus with a minor passenger does not apply to an duties as a bus drive and in a manner similar to using a two-way radio. (Effective September 1, 2019.) H.B. 1548 (Springer/Kolkhorst) Golf Carts, Neighborhood Electric Vehicles, and Off- Highway Vehicles: this bill: 1. removes the reference to all-terrain vehicles and recreational off-highway vehicles from - purposes of the Recreational Use Statute; 107 2. provides that off-highway vehicles (OHVs) owned by the state, county, or city for operation on a public beach or highway to maintain public safety and welfare are subject to certain equipment and safety requirements, including that a person operating the vehicle must wear a seat belt, if the vehicle is equipped with a belt; 3. authorizes the Texas Department of Motor Vehicles (DMV) to charge an administrative fee for the issuance of an OHV license plate; 4. requires a golf cart, neighborhood electric vehicle (NEV), or OHV operated at a speed of not more than 25 miles per hour to display a slow-moving-vehicle emblem when operated on a highway; 5. with regard to golf carts: (a) allows an operator to operate a golf cart: (i) in a master planned community that has in place a uniform set of restrictive covenants and for which a city has approved a plat; (ii) on a public or private beach that is open to vehicular traffic; or (iii) on a highway for which the posted speed limit is not more than 35 miles per hour, if the golf cart is operated during the daytime and not more than two miles from the location where it is usually parked and for transport to and from a golf course;(b) authorizes a city to allow the operation of a golf cart on all or part of a highway in the corporate boundaries of the city that has a posted speed limit of not more than 35 miles per hour; (c) authorizes a city to prohibit the operation of a golf cart described in (5)(b), above, if the city determines it is necessary in the interest of safety; and (d) allows a golf cart to cross a highway at an intersection, including an intersection with a highway that has a posted speed limit of more than 35 miles per hour; and 6. with regard to OHVs: (a) adds a new Transportation Code Chapter 551A to govern OHVs (and transfers Subchapter A and B, Chapter 663, Transportation Code to the new Chapter); (b) generally prohibits DMV from registering OHVs for operation on a highway; (c) provides that an operator may operate an unregistered OHV on a highway as authorized by state law only if the vehicle displays a license plate; (d) excepts the operation of an OHV for certain agricultural, utility, and law enforcement operations from the requirement to have a license plate in (6)(c), above, and from the requirement (e) allows an operator to operate an unregistered OHV: (i) in a master planned community that has in place a uniform set of restrictive covenants and for which a city has approved a plat; or (ii) on a highway for which the posted speed limit is not more than 35 miles per hour if the vehicle is operated during the daytime and not more than two miles from the location where the OHV is usually parked and for transportation to or from a golf course; (f) authorizes a city to prohibit the operation of an unregistered OHV described in (6)(e), above, if the governing body determines the prohibition is necessary in the interest of safety; (g) authorizes a city to allow the operation of an unregistered OHV on all or part of a highway that is in the corporate boundaries of the city and has a posted speed limit of not more than 35 miles per hour; (h) allows an unregistered OHV to cross a highway at an intersection, including an intersection with a highway that has a posted speed limit of more than 35 miles per hour; (i) with certain exceptions, requires an OHV that is operated on a highway to: (i) be equipped with a brake system, a muffler system, and a spark arrester; (ii) display a lighted headlight and taillight one-half hour after sunset to one-half hour before sunrise, and any time visibility is reduced; and (iii) be operated by a person wearing a safety helmet, eye protection, and seat belts (if the vehicle is equipped with seat belts); and(j) prohibits the operation of an OHV on a highway if the exhaust system has been modified 108 with a cutout, bypass, or similar device, or the spark arrester has been removed or modified; and prohibits carrying a passenger unless the vehicle is designed to carry a passenger. (Effective immediately.) H.B. 1755 (E. Thompson/Hughes) Assembled Vehicles: this bill: (1) requires the Texas Department of Motor Vehicles to establish procedures and requirements for the titling and registration of assembled vehicles and requires owners of assembled vehicles to title and register those vehicles; (2) provides that assembled vehicles include assembled motor vehicles, assembled motorcycles, assembled trailers, custom vehicles, street rods, replicas and glider kits (but not golf carts or off-highway vehicles); (3) prohibits former military vehicles designated for off-highway use from being registered for operation on a public highway, unless: (a) the vehicle is a high mobility multipurpose wheeled vehicle with a gross vehicle weight rating of less than 10,000 pounds; or (b) the vehicle is issued specialty license plates for exhibition vehicles; and (4) -hi 2019.) H.B. 2188 (Frullo/Alvarado) Bicycles: this bill regulates the operation of electric and non- electric bicycles, and: (1) prohibits a city from prohibiting the operation of an electric bicycle on a highway, or in an area in which the operation of a non-electric bicycle is otherwise permitted, unless the area is not open to motor vehicles and has a natural surface tread made by clearing and grading native soil without adding surfacing materials; (2) allows a city to prohibit the operation of a bicycle on a sidewalk and establish speed limits for bicycles on paths set aside for the exclusive operation of bicycles and other paths on which bicycles may be operated; (3) provides that certain laws applicable to off-highway vehicles and bicycles do not apply to electric bicycles; (4) prohibits a person from operating an electric bicycle, unless the electric motor disengages or ceases to function either when the operator stops pedaling or when the brakes are an electric motor of fewer than 750 watts that can reach a top assisted speed of 28 miles per hour; (6) categorizes electric bicycles into Class 1, Class 2, and Class 3 bicycles, depending on the top assisted speed the bicycle can reach; (7) prohibits a person under 15 years of age from operating (but not riding as a passenger on) a Class 3 electric bicycle; and (8) requires a manufacturer or seller of electric bicycles made or sold on or after January 1, 2020, to: (a) apply a permanent label on the bike indicating the class of electric bicycle and the motor wattage; (b) ensure that the bicycle complies with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission; and (c) ensure the bike is equipped with a speedometer. (Effective September 1, 2019.) H.B. 2290 (Buckley/Flores) Slow-Moving-Vehicle Emblem: requires a slow-moving-vehicle emblem to be mounted on the rear of the vehicle at a height that does not impair the visibility of the emblem (current law requires the emblem be placed three to five feet above the road surface). (Effective September 1, 2019.) H.B. 2620 (Martinez/Rodriguez) Oversize and Overweight Vehicles: makes various changes relating to oversize and overweight vehicles. Of particular interest to cities, the bill provides that: (1) at least once each fiscal year, the comptroller shall send amounts due from fees collected for an oversize/overweight vehicle permit issued by the Texas Department of 109 Transportation to a city to the office performing the function of treasurer for use only to fund commercial motor vehicle enforcement programs or road and bridge maintenance or infrastructure project; and (2) a city may not require the use of an escort flag vehicle or any other kind of escort for the movement of a manufactured house under a state permit that is in addition to the escort flag vehicle requirements of state law. (Effective September 1, 2019.) H.B. 2837 (Canales/Hinojosa) Vehicle Operation and Equipment: this bill: (1) provides License Act does not apply to: (a) a vehicle operated intrastate and driven not for compensation and not in furtherance of a commercial enterprise; or (b) a covered farm vehicle; (2) excepts a slow-moving vehicle from the general limitation on operating on an improved shoulder of a roadway; (3) requires drivers to yield the right of way or pull over when approached by a police vehicle using only its lights; (4) allows the operator of an emergency vehicle to park or stand the vehicle even when not responding to an emergency, pursuing a violator, directing traffic, or conducting an escort; (5) changes the required brake equipment on a trailer, semitrailer, or pole trailer equipped with air or vacuum brakes or that has a gross weight heavier than 4,500 pounds; (6) requires a slow-moving-vehicle emblem to be mounted on the rear of a vehicle requiring the emblem at a height that does not impair the visibility of the emblem; and (7) repeals one of the criminal penalties for having a license plate flipper. (Effective September 1, 2019.) H.B. 2899 (Leach/Hinojosa) Transportation Project Construction Defects: applies to contracts for transportation projects by a governmental entity, which is defined as a political subdivision of the state acting through a local government corporation, regional mobility authority, or regional tollway authority, and provides that: (1) a contractor who enters into a contract with a governmental entity is not civilly liable or otherwise responsible for the accuracy, adequacy, sufficiency, suitability, or feasibility of any project specifications and is not liable for any damage to the extent caused by: (a) a defect in those project specifications; or (b) the errors, omissions, or negligent acts of a governmental entity, or of a third party retained by a governmental entity under a separate contract, in the rendition or conduct of professional duties arising out of or related to the project specifications; and (2) a governmental entity may not require that engineering or architectural services be performed to a level of professional skill and care beyond the level that would be provided by an ordinarily prudent engineer or architect with the same professional license and under the same or similar circumstances in a contract: (a) for engineering or architectural services; or (b) that contains engineering or architectural services as a component part. (Effective immediately.) H.B. 3171 (Krause/Watson) Mopeds and Motorcycles: changes the classification and operational requirements for mopeds and certain motorcycles by: (1) repealing the moped license and amending the Class M license so that it no longer authorizes the license holder to operate a saddle and no more than three wheels, that cannot attain a speed of more than 30 miles per hour in one mile, with an engine that cannot produce more than five-brake horsepower, and a piston displacement of 50 cubic centimeters or less that connects to a power drive system that does not require the operator to s- 110 various conforming changes related to the classification of a motorcycle or moped. (Effective September 1, 2019.) H.B. 3871 (Krause/Lucio) Speed Limits: this bill: (1) adds open-enrollment charter schools to the list of schools that can require a city to hold a public hearing to consider the prima facie speed limits on a highway near a school in the city; (2) requires a city, on request of the governing body of a school or institution of higher education, to conduct an engineering and traffic investigation for a highway or road after the public hearing in (1); and (3) provides that after each public hearing in (1), the governing body of a school or institution of higher education may make only one request for an engineering and traffic investigation. (Effective September 1, 2019.) S.B. 69 (Nelson/Capriglione) State Highway Funding: modifies, beginning in the 2022 state fiscal year, t to determine and adopt for the state fiscal biennium an amount equal to seven percent of the certified general revenue-related appropriations made for that state fiscal biennium; and (2) providing that the comptroller is required to reduce the allocation of the oil and gas production tax revenue to the state highway fund and increase the allocation to the rainy day fund in an accordance with (1). (Effective September 1, 2019.) S.B. 282 (Buckingham/Buckley) Transportation Funding: provides that: (1) the Texas Department of Transportation shall establish a system to track liquidated damages, including road user costs, retained by the department associated with delayed transportation project contracts; (2) the system must allow the department to correlate the liquidated damages with: (a) the project that was the subject of the damages; and (b) each department district in which the project that was the subject of the damages is located; (3) each year, the department shall: (a) for each department district, determine the amount of money described by (1), above, retained in the previous year that is attributable to projects located in the district; and (b) in addition to other amounts, allocate to each department district an amount of money equal to the amount determined for the district under (a) to be used for transportation projects located in that district; and (4) if a transportation project that was the subject of liquidated damages is located in more than one department district, the department may reasonably allocate the amount of the liquidated damages from that project among the districts in which the project is located. (Effective September 1, 2019.) S.B. 357 (Nichols/Canales) Billboards: this bill, among other things, modifies Texas Department of Transportation outdoor advertising provisions to provide that: (1) a sign may not be higher than 60 feet, excluding a cutout that extends above the rectangular border of the sign, measured: (a) from the grade level of the centerline of the main-traveled way, not including a frontage road of a controlled access highway, closest to the sign at a point perpendicular to the sign location; or (b) if the main-traveled way is below grade, from the base of the sign structure; (2) item (1) does not apply to a sign regulated by a city certified for local control under an agreement with the department as provided by department rule; (3) a sign existing on March 1, 2017, that was erected before that date may not be higher than 85 feet, excluding a cutout that extends above the rectangular border of the sign, measured as in (1)(a) or (b); (3) a person who holds a permit for a sign existing on March 1, 2017, that was erected before that date may rebuild 111 the sign, provided that the sign is rebuilt at the same location where the sign existed on that date at a height that does not exceed the lesser of: (a) the height of the sign on March 1, 2017; or (b) 85 feet; (4) except as provided by (5), below, before rebuilding a sign under (3), above, the person who holds the permit for the sign must obtain a new or amended permit if required by stated law or rules; and (5) item (4), above, does not apply to the rebuilding of a sign if the person who holds the permit for the sign rebuilds because of damage to the sign caused by wind or a natural disaster, a motor vehicle accident, or an act of God. (Effective September 1, 2019.) S.B. 604 (Buckingham/Paddie) Digital License Plates: this bill continues the functions of the Texas Department of Motor Vehicles (DMV) until September 1, 2031, and, among other things: (1) allows the following vehicles to be equipped with a digital license plate: (a) a vehicle that is part of commercial fleet; (b) a vehicle owned or operated by a governmental entity; or (c) a vehicle that is not a passenger vehicle; (2) requires the DMV, after consulting with the Texas Department of Public Safety, to adopt rules related to digital license plates; and (3) requires a digital license plate to: (a) be placed on the rear of a vehicle and a physical license plate on the front of the vehicle, unless the vehicle is of a class that is not required to have two license plates; (b) include all the information required to be included on a physical license plate and legibly display that information at all times and in all light conditions; (c) have wireless connectivity capability; and (d) provide benefits to law enforcement that meet or exceed the benefits of physical plates. (Effective September 1, 2019.) S.B. 962 (Nichols/Zerwas) Transportation Funding: extends from 2024 to 2034 the deposited to the credit of the state highway fund. (Effective September 1, 2019.) S.B. 969 (Hancock/Landgraf) Mobile Delivery Devices: this bill: 1. preempts city authority over personal delivery or mobile carrying devices by providing that a local authority may regulate the operation of a personal delivery or mobile carrying device on a highway or in a pedestrian area in a manner not inconsistent with the bill; 2. 25 feet of a human operator and is equipped with technology that allows the operator to actively monitor the device; 3. transporting cargo in a pedestrian area and is equipped with automated driving technology, including software and hardware, that enables the operation of the device with the remote support and supervision of a human; 4. provides that, for the purposes of crossing a sidewalk or hike and bike trail, a mobile carrying or personal delivery device is not considered a vehicle; 5. provides that a person may operate a personal delivery device only if: (a) the person is a business entity; and (b) a human who is an agent of the business entity actively monitors or exercises physical control over the navigation and operation of the device; 6. provides that a business entity is considered to be the operator of the device solely for the purposes of assessing compliance with applicable traffic laws unless the agent of the entity is operat 112 7. provides that a person is not considered the operator of a personal delivery device solely because the person requests delivery or service provided by the device or dispatches the device; 8. provides that a person operating a mobile carrying device is considered to be the operator of the device for the purpose of assessing compliance with applicable traffic laws; 9. provides that a personal delivery device or mobile carrying device operated under the bill must: (a) operate in a manner that complies with the provisions of the law applicable to pedestrians, unless the provision cannot by its nature apply to the device; (b) yield the right-of-way to all other traffic, including pedestrians; (c) not unreasonably interfere with or obstruct other traffic, including pedestrians; (d) if operated at nighttime, display lights required by law; (e) comply with any applicable regulations adopted by a local authority; (f) not transport hazardous materials; and (g) be actively monitored or controlled as provided for by the bill; 10. provides that a personal delivery or mobile carrying device operated under the bill may be operated only: (a) in a pedestrian area at a speed of not more than 10 miles per hour; or (b) on the side of a roadway or the shoulder of a highway at a speed of not more than 20 miles per hour; 11. provides that a local authority may establish a maximum speed of less than 10 miles per hour in a pedestrian area in the jurisdiction of the local authority if the local authority determines that a maximum speed of 10 miles per hour is unreasonable or unsafe for that area and that a maximum speed established under this subsection may not be less than seven miles per hour; 12. provides that a personal delivery device must: (a) be equipped with a marker that clearly states the name and contact information of the owner and a unique identification number; and (b) be equipped with a braking system that enables the device to come to a controlled stop; 13. provides that a mobile carrying device must be equipped with a braking system that enables the device to come to a controlled stop; 14. provides that local law enforcement may enforce the laws of the state relating to the operation of a personal delivery or mobile carrying device; and 15. provides that a business entity that operates a personal delivery device must carry an insurance policy. (Effective immediately.) S.B. 1219 (Alvarado/S. Thompson) Human Trafficking Signs: provides that: (1) a person who operates a transportation hub as prescribed by (3)(b), below, are required to post the signs as fined as a bus stop, train, train station, rest area, or airport; and (3) the attorney general by rule must prescribe: (a) the design and content of a sign regarding service and assistance available to victims of human trafficking to be displayed at transportation hub in both English and Spanish; (b) the transportation hubs that are required to post the signs described in (3)(a), above; and (c) the manner the sign must be displayed at the transportation hub and any exceptions to the sign posting requirements. (Effective September 1, 2019.) Utilities and Environment 113 H.B. 26 (Metcalf/Nichols) Dams: provides that: (1) emergency operation centers notified under the bill shall provide notice to the public when a release may contribute to flooding that may result in damage to life and property through all available means and shall include, at a minimum, the following information, if available: (a) the names of the dam and reservoir; (b) the communities downstream that may be impacted and estimated time of impact; (c) the names of affected river basins and tributaries; (d) the expected duration of the release; (e) the level of potential flooding according to the National Weather Service River Forecast Center; and (f) the roads or bridges that are expected to be affected; and (2) a notice provided under (1) may not be considered an admission of liability and may not be used as evidence in any suit related to the releases that are the subject of the notice. (Effective September 1, 2019.) H.B. 137 (Hinojosa/Perry) Hazardous Dam Reporting: requires the Texas Commission on Environmental Quality to provide: (1) a report of a dam that has a hazard classification of high or significant to the emergency management director for a city or county in which the dam is located within 30 days after the date of the designation; and (2) a biannual report including condition status and other information on each dam with a hazard classification of high or significant to the emergency management director of each city and county and the executive director or equivalent position of each council of government or local or regional development council in which a dam included in the report is located. (Effective September 1, 2019.) H.B. 720 (Larson/Perry) Aquifer Storage/Recharge: provides that: (1) to the extent state water has not been set aside by the Texas Commission on Environmental Quality, state water may be appropriated, stored, or diverted for recharge into an aquifer underlying the state, other than portions of the Edwards aquifer, and that recharge water loses its classification as state water, storm water, or floodwater and is considered percolating groundwater; (2) unappropriated water, including storm water and flood water, may be appropriated for recharge into an aquifer underlying the state if approved by TCEQ after a motion and hearing on an application for a water right or amendment to a water right; (3) a holder of a water right that authorizes the storage of water for a beneficial use in a reservoir that has not been constructed may file an application to amend the water right to change the right to allow for storage in an aquifer storage and recovery project and may request an increase in the right that takes into account the amount of water that would have evaporated if the storage reservoir had been built; (4) a holder of a water right authorizing an appropriation of water for storage and that has lost storage because of sedimentation may apply for an amendment to the water right to change the use or purpose for which the appropriate is to be made to storage as part of an aquifer storage and recovery project; (5) TCEQ may authorize the use of a class V injection well as a recharge injection well: (a) by rule; (b) under an individual permit; or (c) under a general permit after public notice and comment; (6) an aquifer recharge project operator shall install a meter on each recharge injection well associated with the aquifer recharge project and provide an annual report to TCEQ showing the volume of water injected for recharge; and (7) an aquifer recharge project operator shall:(a) perform water quality testing annually on water to be injected into a geologic formation as part of the aquifer recharge project; and (b) provide the results of the testing to TCEQ. (Effective immediately.) H.B. 721 (Larson/Perry) Aquifer Storage and Recovery: requires: (1) the Texas Water Development Board to work with river authorities, major water providers and water utilities, 114 regional water planning groups, and potential sponsors of aquifer storage and recovery projects identified in the state water plan to: (a) conduct studies of aquifer storage and recovery projects and aquifer recharge projects identified in the state water plan or by interested persons; and (b) report the results of each study conducted to regional water planning groups and interested persons; (2) the TWDB to conduct a statewide survey to identify the relative suitability of various major and minor aquifers for use in aquifer storage and recovery projects or aquifer recharge projects based on various considerations; and (3) the TWDB to prepare a report of its findings in (2) to be given to the governor, lieutenant governor, and speaker of the house of representatives. (Effective immediately.) H.B. 722 (Larson/Perry) Brackish Groundwater Development: this bill: (1) requires groundwater conservation districts to adopt rules for the issuance of permits to withdraw brackish groundwater for public drinking water or an electric generation project if the district receives a petition from a person with a legally-defined interest in groundwater in the district; (2) provides for a minimum term of 30 years for a permit issued for a well that produces brackish groundwater from a designated brackish groundwater production zone; (3) requires implementation of a monitoring system to monitor water levels and water quality of the source or adjacent source of the brackish water; (4) requires the holder of a permit to report to the groundwater conservation district on the amount of brackish groundwater withdrawn, the average monthly water quality, and aquifer levels; (5) requires that the district submit the application for permit to the Texas Water Development Board for technical review; and (6) requires that the TWDB submit a report of the review of the application before the district can schedule a hearing on the application. (Effective September 1, 2019.) H.B. 807 (Larson/Buckingham) State and Regional Water Planning: this bill: (1) requires the Texas Water Development Board to appoint an interregional planning council consisting of one member from each regional water planning group to improve coordination among the regional water planning groups, facilitate dialogue regarding water management strategies that could affect multiple regional water planning areas, and share best practices; (2) provides that the council shall hold at leas work; and (3) provides that a regional water planning group shall submit to the TWDB a regional water plan that: (a) provides a specific assessment of the potential for aquifer storage and recovery projects to meet those needs if the regional water planning area has significant identified water needs; (b) sets one or more specific goals for gallons of water use per capita per day in each decade of the period covered by the plan for the municipal water user groups in the regional water planning area; (c) assesses the progress of the regional water planning area in encouraging cooperation between water user groups for the purpose of achieving economies of scale and otherwise incentivizing strategies that benefit the entire region; and (d) identifies unnecessary or counterproductive variations in specific drought response strategies, including outdoor watering restrictions, among user groups in the regional water planning area that may confuse the public or otherwise impede drought response efforts. (Effective immediately.) H.B. 853 (Moody/Rodriguez) Advanced Electric Meters/Rate Cases: provides that: (1) certain non-ERCOT investor owned electric utilities that elect to deploy advanced metering and meter information networks may recover reasonable and necessary costs incurred in deploying advanced metering and meter information networks; (2) the Public utility Commission shall 115 ensure that any deployment plan approved under the bill and any related customer surcharge: (a) are not applicable to customer accounts that receive service at transmission voltage; and (b) are consistent with commission rules related to advanced metering systems regarding: (i) customer protections; (ii) data security, privacy, and ownership; and (iii) options given consumers to continue to receive service through a non-advanced meter; and (3) a utility that elects to deploy an advanced meter information network shall deploy the network as rapidly as practicable to allow customers to better manage energy use and control costs. (Effective immediately.) H.B. 864 (Anchia/Birdwell) Gas Pipeline Incidents: tribution gas means a pipeline facility that distributes natural gas directly to end use cu means an event involving a release of gas from a pipeline that: (a) under federal regulations, gives rise to a duty of a distribution gas pipeline facility operator to report the event to a federal agency; or (b) results in one or more of the following consequences: (i) a death or a personal injury necessitating in-patient hospitalization; (ii) estimated property damage greater than or equal to the greater of $50,000, including loss to the operator, loss to others, or both, but excluding cost of gas lost or an amount under federal regulations that gives rise to the duty of a distribution gas pipeline facility operator to report the event to a federal agency; or (iii) unintentional estimated gas loss of three million cubic feet or more; (3) the Texas Railroad Commission by rule shall require a distribution gas pipeline facility operator, after a de the following information to the commission before the expiration of one hour following the the location of the incident; (iii) the time of the incident; and (iv) the telephone number of the -site person; and (c) provide the following information to the commission when the information is known by the operator: (i) the fatalities and personal injuries caused by the incident; (ii) the cost of gas lost; (iii) estimated property damage to the operator and others; (iv) any other significant facts relevant to the incident, including facts related to ignition, explosion, rerouting of traffic, evacuation of a building, and media interest; and (v) other information required under federal regulations to be provided to the Pipeline and Hazardous Materials Safety Administration or a successor agency after a pipeline incident or similar incident; and (4) commission shall retain state records of the railroad commission regarding a pipeline incident perpetually. (Effective September 1, 2019.) H.B. 866 (Anchia/Birdwell) Gas Distribution Pipelines: provides that: (1) for purpose of the bill, directly to end-use customers, including a city-operated facility; (2) a distribution gas pipeline facility operator iron, or bare steel pipeline; (3) the railroad commission by rule shall require the operator of a distribution gas pipeline facility system to: (a) develop and implement a risk-based program for the removal or replacement of underground distribution gas pipeline facilities; and (b) annually remove or replace at least eight percent of underground distribution gas pipeline facilities posing the greatest risk in the system and identified for replacement under the program; (4) a distribution gas pipeline facility operator shall replace any known cast iron pipelines installed as and (5) t provisions expire on September 1, 2023. (Effective immediately.) 116 H.B. 907 (Huberty/Creighton) Aggregate Production Penalties: this bill: (1) increases the penalties for aggregate production operations operating without being registered to: (a) an annual range of $10,000 to $20,000; and (b) over three or more years to $40,000; (2) provides that the Texas Commission on Environmental Quality shall inspect each active aggregate production operation at least once every two years during the first six years the operation is registered; and (3) provides that TCEQ, for a period of one year, may conduct unannounced periodic inspections of an aggregate production operation if the operation has violated an environmental law or rule in the preceding three year period. (Effective September 1, 2019.) H.B. 986 (Price/Perry) Advanced Electric Meters/Rate Cases: provides that: (1) certain non-ERCOT investor owned electric utilities that elect to deploy advanced metering and meter information networks may recover reasonable and necessary costs incurred in deploying advanced metering and meter information networks; (2) the Public utility Commission shall ensure that any deployment plan approved under the bill and any related customer surcharge: (a) are not applicable to customer accounts that receive service at transmission voltage; and (b) are consistent with commission rules related to advanced metering systems regarding: (i) customer protections; (ii) data security, privacy, and ownership; and (iii) options given consumers to continue to receive service through a non-advanced meter; and (3) a utility that elects to deploy an advanced meter information network shall deploy the network as rapidly as practicable to allow customers to better manage energy use and control costs. (Effective immediately.) H.B. 1052 (Larson/Perry) Financial Assistance: this bill: (1) allows the Texas Water Development Board to use the state participation account of the water development fund to provide financial assistance for desalination or aquifer storage and recovery facilities for inter- regional development of projects; (2) provides that selection criteria for inter-regional water supply projects must prioritize projects that: (a) maximize the use of private financial resources; (b) combine the financial resources of multiple water planning regions; and (c) have a substantial economic benefit to the regions served by affecting a large population, creating jobs in the regions served, and meeting a high percentage of the water supply needs of the water users served by the project; (3) provides that not less than 50 percent of money used from the state participation account in any fiscal year must be used for inter-regional water projects selected under (2); (4) creates a state participation account II that the TWDB may use to provide financial assistance for the development of a desalination or aquifer storage and recovery facility; and (5) provides that the TWDB may act singly or in a joint venture in partnership with any person, including a public or private entity, an agency or political subdivision of this state, another state or a foreign nation, to the extent permitted by law in administering the state participation account II. (Effective September 1, 2019.) VETOED H.B. 1059 (Lucio/Rodriguez) Stormwater Infrastructure Reporting: this bill: practices that: (a) use or mimic natural processes that result in the infiltration, evapotranspiration, treatment, or use of stormwater; (b) manage stormwater, protect water quality and associated habitat, or augment or replace conventional engineered stormwater systems; (c) meet local requirements for post-development stormwater retention and detention and erosion management; and (d) are considered best management practices; (2) creates a Green Stormwater Infrastructure 117 and Low Impact Development Report Group to be appointed by the Texas Commission on Environmental Quality, including one member from a city; and (3) requires the Group to prepare a biennial report on the use of green stormwater infrastructure and low impact development in the state to be submitted to the members of TCEQ, the governor, the lieutenant governor, the speaker of the house, and each member of the legislature. (Effective September 1, 2019.) H.B. 1331 (Thompson/Miles) Municipal Solid Waste Facility Permit Fees: provides that the Texas Commission on Environmental Quality shall charge a fee of $2,000 for an application for a permit for a municipal solid waste facility. (Effective September 1, 2019.) H.B. 1397 (Phelan/Nichols) Electric Rates: authorizes an investor-owned electric utility that operates solely outside of ERCOT to file, and the Public Utility Commission to approve, an (Effective immediately.) H.B. 1435 (E. Thompson/Birdwell) Municipal Solid Waste Facilities: provides that: (1) before a permit for a proposed municipal solid waste management facility is issued, amended, extended, or renewed, the Texas Commission on Environmental Quality shall inspect the facility or site used or proposed to be used to store, process, or dispose of municipal solid waste to confirm information included in the permit application; and (2) the commission by rule shall prescribe the kinds of information in a permit application that require confirmation under the bill. (Effective September 1, 2019.) H.B. 1595 (Paddie/Hughes) Advanced Electric Meters/Rate Cases: provides that: (1) an non-ERCOT electric utility that elects to deploy advanced metering and meter information networks may recover reasonable and necessary costs incurred in deploying advanced metering and meter information networks; (2) the Public utility Commission shall ensure that any deployment plan approved under the bill and any related customer surcharge: (a) are not applicable to customer accounts that receive service at transmission voltage; and (b) are consistent with commission rules related to advanced metering systems regarding: (i) customer protections; (ii) data security, privacy, and ownership; and (iii) options given consumers to continue to receive service through a non-advanced meter; and (3) a utility that elects to deploy an advanced meter information network shall deploy the network as rapidly as practicable to allow customers to better manage energy use and control costs. (Effective immediately.) H.B. 1767 (Murphy/Birdwell) Gas Rate Cases: include pension or other postemployment benefits and incentive compensation related to attaining financial metrics for an executive officer whose compensation is required to be authority shall presume that employee compensation and benefits expenses are reasonable and necessary if the expenses are consistent with market compensation studies issued not earlier than three years before the initiation of the proceeding to establish the rates. (Effective September 1, 2019.) 118 H.B. 1953 (E. Thompson/Hancock) Gasification and Pyrolysis: this bill: (1) prevents the Texas Commission on Environmental Quality from considering post-use polymers and recoverable feedstocks as solid waste if they are converted using pyrolysis or gasification into valuable raw, intermediate, and final products; and (2) treats products created from pyrolysis and gasification processes as recycled materials, thus requiring cities to give preference to purchasing products made from pyrolysis and gasification. (Effective immediately.) H.B. 1964 (Ashby/Creighton) Water Right Amendments: provides that, among other things and in addition to an application that meets the requirements already in the law and for which the Texas Commission on Environmental Quality has determined that notice or an opportunity for a contested case hearing is not required under another statute or a TCEQ rule, an application for an amendment to a water right is exempt from any requirements of a statute or TCEQ rule regarding notice and hearing or technical review by the executive director or the TCEQ and may not be referred to the State Office of Administrative Hearings for a contested case hearing if the executive director determines after an administrative review that the application is for certain water rights amendments. (Effective immediately.) H.B. 2263 (Paddie/Hancock) Sale of Natural Gas/Electricity: provides, among other things, that a tax may not be imposed on the gross receipts from the sale of electricity to a public school district customer. (Effective January 1, 2024.) H.B. 2320 (Paul/Taylor) Utility Services During Disasters: provides that: (1) the Texas Division of Emergency Management (Division) shall identify methods for hardening utility facilities and critical infrastructure in order to maintain operations of essential services during disasters; (2) not later than November 1, 2020, the Divisions shall submit a report to members of the legislature on improving the oversight, accountability, and availability of building trade services following a disaster; and (3) the Public Utility Commission, in cooperation with the Division, shall: (a) promote public awareness of bill payment assistance available during a disaster for electric, water, and wastewater services, including assistance for consumers on level billing plans; and (b) provide the public with information about billing practices during a disaster to ensure that consumers of electric, water, and wastewater services have an adequate understanding of their rights. (Effective September 1, 2019.) H.B. 2590 (Biedermann/Creighton) Water Districts: makes various changes to the law relating to special districts. Of particular interest to cities, the bill provides that: (1) the apply equally to a water district previously created by an act of the legislature; and (2) a district may enter into a contract with a retail public utility, including a municipal water system, for sewer system to serve customers located in the district. (Effective September 1, 2019.) H.B. 2771 (Lozano/Hughes) Oil and Gas Activities: provides that: (1) the Texas Commission on Environmental Quality may issue permits for the discharge of produced water, hydrostatic test water, and gas plant effluent resulting from certain oil and gas activities into waters of Texas; and (2) the discharge of produced water, hydrostatic test water, and gas plant effluent into water 119 in Texas must meet the water quality standards established by the TCEQ. (Effective September 1, 2019.) H.B. 3142 (Guillen/Johnson) Public Drinking Water: provides that: (1) the Texas Commission on Environmental Quality shall establish a system to provide automatic reminders as a courtesy to operators of public drinking water supply systems of regular reporting requirements applicable to the systems under the federal Safe Drinking Water Act and TCEQ rules adopted under that law; and (2) the public drinking water supply system is responsible for complying with the applicable reporting requirements regardless of whether TCEQ provides the automatic reminders. (Effective September 1, 2019.) H.B. 3339 (Dominguez/Creighton) Texas Water Development Board Loan Programs: this bill: (1) cleans up the statutes for the programs that provide for financial assistance from the Texas Water Development Board to consistently require a water conservation plan as part of the application process; and (2) requires all entities applying for SWIFT assistance, not just those with surface water rights, to submit a water conservation plan. (Effective September 1, 2019.) H.B. 3542 (Phelan/Lucio) Private Water and Sewer Service: applies only to a utility (e.g, a water supply corporation or cooperative) that provides retail water or sewer utility service through fewer than 10,000 taps or connections and, among other things: (1) provides that a utility technical capacity to provide continuous and adequate service to its customers not later than the third anniversary of the date that the utility violates a final order of the commission by failing to: (a) provide system capacity that is greater than the required raw water or groundwater production rate or the anticipated daily demand of the system; (b) provide a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; or (c) maintain accurate or properly calibrated testing equipment or other means of monitoring the effectiveness of a chemical treatment or pathogen inactivation or removal process; and (2) makes various changes to the authority of one utility to acquire another utility. (Effective September 1, 2019.) H.B. 3552 (Sheffield/Flores) Fluoride in Drinking Water: provides that a public water supply system that furnishes, for public or private use, drinking water containing added fluoride may not permanently terminate the fluoridation of the water, unless the system provides written notice to the customers and the Health and Human Services Commission of the termination at least 60 days before the reduction or termination. (Effective September 1, 2019.) H.B. 3557 (Paddie/Birdwell) Critical Infrastructure Facilities: creates various new criminal offenses related to interfering with a critical infrastru electric system, and creates a civil cause of action against a person who damages such a facility. (Effective September 1, 2019.) H.B. 3745 (Bell/Birdwell) Texas Emissions Reduction Plan: establishes the Texas Emission Reduction Plan Fund that is funded by, among other things, the TERP surcharge on the sale, lease, or rental of off-highway equipment and certain on-road diesel equipment, and provides 120 that money in the fund is used for various emission reductions programs. (Effective August 30, 2019.) H.B. 4150 (Paddie/Hughes) Electric Line Clearances: enacts the William Thomas Heath Power Line Safety Act, applies to an electric utility, municipally owned utility, or electric cooperative, and provides that those entities: (1) shall meet the minimum clearance requirements specified in Rule 232 of the National Electrical Safety Code Standard ANSI (c)(2) in the construction of any transmission or distribution line over 178 listed lakes; (2) that own or operate overhead transmission or distribution assets shall submit to the Public Utility Commission a report that includes: (a) a summary description of hazard recognition training documents provided by the utility or electric cooperative to its employees related to overhead transmission and distribution facilities; and (b) a summary description of training programs provided to employees by the utility or electric cooperative related to the National Electrical Safety Code for the construction of electric transmission and distribution lines; (3) shall submit an updated report not later than the 30th day after the date the utility or electric cooperative finalizes a material change to a document or program included in a report submitted under (2), above; (4) not later than May 1 every five years, that own or operate overhead transmission facilities greater than 60 kilovolts shall submit to the commission a report for the preceding five-year period ending on December 31 of the preceding calendar year that includes: (a) the percentage of overhead transmission facilities greater than 60 kilovolts inspected for compliance with the National Electrical Safety Code relating to vertical clearance in the reporting period; and (b) the percentage of the overhead transmission facilities greater than 60 kilovolts anticipated to be inspected for compliance with the National Electrical Safety Code relating to vertical clearance during the five-year period beginning on January 1 of the year in which the report is submitted; (5) not later than May 1 of each year, that own or operate overhead transmission facilities greater than 60 kilovolts shall submit to the commission a report on the overhead transmission facilities for the preceding calendar year that includes information regarding: (a) the number of identified occurrences of noncompliance regarding the vertical clearance requirements of the National Electrical Safety Code for overhead transmission facilities; (b) whether the utility or electric cooperative has actual knowledge that any portion of the transmission system is not in compliance with the vertical clearance requirements of the National Electrical Safety Code; and (c) whether the utility or electric cooperative has actual knowledge of any violations of easement agreements with the United States Army Corps of Engineers relating to the vertical clearance requirements of the National Electrical Safety Code for overhead transmission facilities; (6) not later than May 1 of each year, that own or operate overhead transmission facilities greater than 60 kilovolts or distribution facilities greater than 1 kilovolt shall submit to the commission a report for the preceding calendar year that includes: (a) the number of fatalities or injuries of individuals other than employees, contractors, or other persons qualified to work in proximity to overhead high voltage lines involving transmission or distribution assets related to noncompliance with the bill; and (b) a description of corrective actions taken or planned to prevent the reoccurrence of fatalities or injuries; and (7) are not required to include in the reports under (5) and (6), above, violations resulting from, and incidents, fatalities, or injuries attributable to a violation resulting from, a natural disaster, weather event, or man-made act or In addition, the bill requires that: (1) not later than September 1, 2019, each year the commission shall make the reports publicly ; (2) a report, and any required information contained in a 121 report, made on an incident or violation under the bill, is not admissible in a civil or criminal proceeding against the electric utility, municipally owned utility, or electric cooperative, or the uthority. (Effective September 1, but delays the reporting requirement until May 1, 2020, and the lake transmission line upgrades until December 31, 2021.) S.B. 241 (Nelson/Longoria) Nonattainment Areas: requires each political subdivision in a nonattainment area or in an affected county (except school districts and certain water districts) to establish a goal to reduce electric consumption by the entity by at least five percent each state fiscal year for seven years, beginning September 1, 2019. (Effective September 1, 2019.) S.B. 475 (Hancock/Hernandez) Electric Grid Security Council: provides for: (1) the creation of the Texas Electric Grid Security Council as an advisory body to facilitate the creation, aggregation, coordination, and dissemination of best security practices for the electric industry, including the generation, transmission, and delivery of electricity; and (2) on request from the governor, lieutenant governor, the chair of house of representatives or senate committee having jurisdiction over energy regulation, the council shall issue recommendations regarding: (a) the development of educational programs or marketing materials to promote the development of a grid security workforce; (b) the development of grid security best practices; (c) the preparation for events that threaten grid security; and (d) amendments to the state emergency management plan to ensure coordinated and adaptable response and recovery efforts after events that threaten grid security. (Effective immediately.) S.B. 530 (Birdwell/Wray) Water Protection Penalties: increases the maximum civil and administrative penalties to $5,000 for violations of laws protecting drinking water public water supplies and bodies of water. (Effective September 1, 2019.) S.B. 649 (Zaffirini/Thompson) Recyclable Materials: provides, among other things, that: (1) in cooperation with the Texas Economic Development and Tourism Office, the Texas Commission on Environmental Quality shall produce a plan to stimulate the use of recyclable materials as feedstock in processing and manufacturing, including, among other things, recommendations for institutional, financial, administrative, and physical methods, means, and processes that could be applied by local governments to: (a) increase the use of recyclable materials; (b) stimulate the use of recyclable materials by principal processors and manufacturers; and (c) encourage the expansion of existing principal processors and manufacturers and the development of new principal processors and manufacturers that use recyclable materials; and (2) in cooperation with other state agencies, TCEQ shall develop an education program intended for the public that must include, among other things, the economic benefits of recycling. (Effective September 1, 2019.) S.B. 698 (Birdwell/Lozano) Expedited Clean Air Act Permits: provides that the Texas Commission on Environmental Quality may: (1) add a surcharge for an expedited application for a Clean Air Act permit to cover, among other things, the costs of full-time equivalent TCEQ employees to support the expedited processing of air permits and that money from the surcharge collected may be used to support the expedited processing; (2) authorize the use of overtime, 122 full-time equivalent TCEQ employees to support the expedited processing of air permit applications; (3) pay for compensatory time, overtime, full-time equivalent TCEQ employees supporting the expedited processing of air permit applications used in expedited permitting; and (4) set the rate for overtime compensation for full-time equivalent TCEQ employees. (Effective September 1, 2019.) S.B. 700 (Nichols/Geren) Private Water Company Rates: this bill: (1) water or sewer utility service through 500 or more taps or connections but fewer than 2,300 taps or connections; (2) creates a definition of through fewer than 500 taps or connections; (3) provides that the Public Utility Commission may issue emergency orders, with or without a hearing: (a) to compel a retail public utility that has obtained a certificate of public convenience and necessity to provide water or sewer service, or both, that complies with all statutory and regulatory requirements of the commission if necessary to ensure safe drinking water or environmental protection; and (b) to compel a retail public utility to provide an emergency interconnection with a neighboring retail public utility for the provision of temporary water or sewer service, or both, for not more than 90 days if necessary to ensure safe drinking water or environmental protection; (4) provides that, at the time the utility commission approves the acquisition of a nonfunctioning retail water or sewer utility service provider, the utility commission shall: (a) determine the duration of the temporary rates for the retail public utility, which must be for a reasonable period; and (b) rule on the reasonableness of the temporary rates if the utility commission did not make a ruling before the application was filed; (5) provides that the regulatory authority, by rule or ordinance, as appropriate, may: (a) adopt specific alternative ratemaking methodologies for water or sewer rates to allow for more timely and efficient cost recovery. Appropriate alternative ratemaking methodologies are the introduction of new customer classes, the cash needs method, and phased and multi-step rate changes; and (b) also adopt system improvement charges that may be periodically adjusted to ensure timely recovery of infrastructure investment; (6) provides that a class C utility may not make changes in its rates, except by complying with the current statutory procedures to change rates, and the utility may send notice by mail or e-mail or may deliver a copy of the notice to the ratepayers; and (7) provides that, in adopting rules relating to the information required in an application for a class B, class C, or class D utility to change rates, the utility commission shall ensure that a: (a) class B utility can file a less burdensome and complex application than is required of a class A utility; and (2) class C or class D utility can file a less burdensome and complex application than is required of a class A or class B utility. (Effective September 1, 2019.) S.B. 936 (Hancock) Electric Cybersecurity Monitor: provides that: (1) a monitored utility is defined as: (a) a municipally owned utility or electric cooperative that owns or operates equipment or facilities in the ERCOT power region to transmit electricity at 60 or more kilovolts; or (b) an electric utility, municipally owned utility, or electric cooperative that operates solely outside the ERCOT power region that has elected to participate in the cybersecurity monitor program; (2) the Public Utility Commission and ERCOT shall contract with an entity selected by the commiss comprehensive cybersecurity outreach program for monitored utilities; (b) meet regularly with monitored utilities to discuss emerging threats, best business practices, and training 123 opportunities; (c) review self-assessments voluntarily disclosed by monitored utilities of cybersecurity efforts; (d) research and develop best business practices regarding cybersecurity; (e) report to the commission on monitored utility cybersecurity preparedness; and (2) for an electric utility, municipally owned utility, or electric cooperative that operates solely outside the ERCOT power region, the commission shall adopt rules establishing: (a) procedures to notify the commission, the independent organization and the cybersecurity monitor that the utility or cooperative elects to participate or to discontinue participation; and (b) a mechanism to require an electric utility, municipally owned utility, or electric cooperative that elects to participate to contribute to the costs incurred by the independent organization. (Effective September 1, 2019.) S.B. 942 (Johnson/Metcalf) State Water Pollution Control Revolving Fund: provides that the state water pollution control revolving fund is held by the Water Development Board to provide: (1) financial assistance to persons for eligible projects for assistance under the Federal Water Pollution Control Act; and (2) linked deposits to eligible financial institutions for loans to persons for nonpoint source pollution control projects. (Effective September 1, 2019.) S.B. 1012 (Holland/Zaffirini) Electric Generation: provides that a municipally owned utility or an electric cooperative that owns or operates electric energy storage equipment or facilities is not required to register as a power generation company. (Effective September 1, 2019.) S.B. 1152 (Hancock/Phelan) Telecommunications/Cable Right-of-Way Rental Fees: this bill would essentially authorize a cable or phone company to stop paying the lesser of its state cable franchise or telephone access line fees, whichever are less for the company statewide. More specifically, the bill provides that: (1) a certificated telecommunications provider is not required to pay any compensation for a given calendar year if the provider determines that the sum of the compensation due from the provider and any member of the provider group to all cities in this state is less than the sum of the fees due from the provider and any member of the providercities in this state under the state cable franchise law; (2) the determination under (1) for a given year must be based on amounts actually paid, or amounts that would have been paid notwithstanding the bill, during the 12-month period ending June 30 of the immediately preceding calendar year by the provider and any member of the compensation to a city if the provider is not required to pay a state cable franchise fee to that city; (4) a CTP shall file, not later than October 1 of each year, an annual written notification requirement to pay compensation under (1) or exemption from the requirement to pay compensation under (3) for the following calendar year; (5) a holder of a state-issued certificate of franchise authority is not subject to the five percent fee for a given calendar year if the holder group to all cities in this state is less than the sum of the compensation due from the holder and ities in this state under the telephone access line fee law; (6) the determination under (5) for a given year must be based on amounts actually paid, or amounts that would have been paid notwithstanding the bill, during the 12-month period ending June 30 of the immediately preceding calendar year by the holder and any member of the (7) item (5), above, does not exempt a holder from paying compensation to a city if the holder is not required to pay a telephone access line fee to that city; 124 and (8) a holder shall file, not later than October 1 of each year, an annual written notification equirement to pay the fee or exemption from the requirement to pay the fee under (5), above, for the following calendar year. (Effective September 1, 2019, and applies to a payment made after January 1, 2020.) S.B. 1938 (Hancock/Phelan) Electric Transmission Lines: enacts various technical provisions relating to electric transmission lines, including requirements that: (1) a certificate to build, own, or operate a new transmission facility that directly interconnects with an existing electric utility facility or municipally owned utility facility may be granted only to the owner of that existing facility; and (2) if a new transmission facility will directly interconnect with facilities owned by different electric utilities or municipally owned utilities, each entity shall be certificated to build, own, or operate the new facility in separate and discrete equal parts unless they agree otherwise. (Effective immediately.) S.B. 2272 (Nichols/Metcalf) CCNs: this bill makes various changes to the decertification and release of a certificate of convenience and necessity by a landowner. (Effective September 1, 2019.) S.B. 2452 (Lucio/Zaffirini) Texas Water Development Board: this bill: (1) provides that TWDB shall, for assistance to economically distressed areas for water supply and sewer service projects, prioritize projects and give the highest consideration to projects that will have a substantial effect, including projects that: (a) will serve an area for which the Department of State Health Services has determined that a nuisance dangerous to the public health and safety exists resulting from water supply and sanitation problems; or (b) for which the applicant is subject to an enforcement action and the applicant did not cause or allow the violations that are the subject of the enforcement action; (2) provides that, in passing on an application for financial assistance, the TWDB shall consider the ability of the applicant to repay the financial assistance; (3) provides that, in providing financial assistance under the bill, the TWDB may provide the repayable portion of financial assistance from any financial assistance program for which the applicant is eligible; and (4) requires the TWDB to post a report on its website detailing certain information for each project for which the TWDB provided financial assistance under the bill. (Effective upon approval by the voters of S.J.R. 79.)(See S.J.R. 79, see below.) S.J.R. 79 (Lucio/Gonzalez) State Water Pollution Control Revolving Fund: provides that the Texas Water Development Board may issue general obligation bonds for the economically distressed areas program account of the Texas Water Development Fund II in amounts such that the aggregate principal amount of the bonds issued by the TWDB under the bill that are outstanding at any time does not exceed $200 million. (Effective if approved at the election on November 5, 2019.) (See S.B. 2452, above.) TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this 125 document without the written authorization of the Texas Municipal League. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1702,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give staff direction regarding a status of the 2019 Development Code and the effects of recently passed House Bills. City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding a status of the 2019 Development Code and the effects of recently passed House Bills. BACKGROUND As a result of recently passed legislation (House Bills 2439 and 3167) effective September 1, we are in the process of required updates to the Denton Development Code (DDC). We are recommending moving up the effective date of the 2019 DDC from October 1, 2019 to September 1, 2019. The purpose of moving up the date is to simplify the process and have a straightforward approach to communicate text amendments/process changes for the 2019 DDC to the development community. The intent is to continue to work through proposed changes with the Development Code Review Committee (DCRC) and seek Council direction to make the necessary changes prior to August 20, 2019. Because the proposed changes are important and will affect numerous stakeholders, including City Council and Boards and Commissions, staff is proposing multiple work sessions leading to a City Council public hearing tentatively scheduled for August 20. The August 20 public hearing is necessary to in order to provide the required 10-day notification for a September 1, 2019 effective date. Below is a list of proposed meetings and dates: July 23, 2019 - City Council Work Session August 6, 2019 - City Council Work Session August 7, 2019 – Planning and Zoning Commission Work Session August 13, 2019 - City Council Work Session August 14, 2019 – Planning and Zoning Commission Public Hearing (Special Called Meeting) August 20, 2019 - City Council Work Session (if needed) August 20, 2019 - City Council Public Hearing Development Services and Legal staff members will be attending a Texas Municipal League (TML) workshop in Austin on Monday, July 22to analyze potential impacts and best practices for compliance. The workshop will consist of a group of primarily land use attorneys with a couple of planning directors from across the state. The morning of Tuesday, July 23 staff will be meeting internally with Brenda McDonald, outside legal counsel, to discuss our strategy moving forward. This strategy will then be discussed at the July 23 Work Session. At the Work Session staff will provide an overview of the legislation and impact on the Code and the roles and responsibilities of both Planning and Zoning Commission and City Council. PRIOR ACTION/REVIEW (Council, Boards, Commissions) April 10, 2019 - Planning and Zoning Commission Public Hearing – recommended approval of the Denton Development Code (DDC) Update. April 23, 2019 - City Council Public Hearing – approved the Denton Development Code (DDC) Update with an effective date of October 1, 2019. EXHIBITS 1.Agenda Information Sheet 2.Presentation 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 #:ID 19-1611,Version:1 AGENDA CAPTION Receive a report, hold a discussion and give staff direction regarding a potential amendment to the 2018-19 Internal Audit Plan. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: July 23, 2019 SUBJECT Receive a report, hold a discussion and give staff direction regarding a potential amendment to the 2018-19 Internal Audit Plan. BACKGROUND The 2018-19 Annual Audit Plan was presented to Office workload. This Audit Plan included an audit of the Capital Improvement Project Process. In a recent meeting, we were informed that Engineering Services inherited several projects in which they did not participate in the planning and bidding process. Because of the magnitude of this work, Engineering has only managed existing projects for the past two years with some exceptions. During this time, formal procedures were not established; however, we were told that procedures have now been established which will be used to manage projects begun after the upcoming bond election. OPTIONS requests direction to either continue with the approved 2018-19 Annual Audit Plan (Option A) or amend the audit plan to reflect options B and C. Continue with the plan to conduct a performance audit of capital project administration; OR A. Amend the plan to follow up the Vendor Master File Audit (Sept. 2017); and B.Amend the plan to conduct a performance audit of one of two options: 1. The parkland dedication process; or 2. The meter reading process. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The 2018-19 Internal Audit Plan was presented to the Audit/Finance Committee on September 18, 2018. It was then reviewed and approved by the City Council during Work Session on September 25, 2018. EXHIBITS 1.Agenda Information Sheet 2. Presentation Respectfully submitted: Umesh Dalal, 940-349-8158 City Auditor Prepared by: Madison Rorschach, Staff Auditor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1411,Version:1 AGENDA CAPTION wĻĭĻźǝĻ ğ ƩĻƦƚƩƷͲ ŷƚƌķ ğ ķźƭĭǒƭƭźƚƓͲ ğƓķ ŭźǝĻ ƭƷğŅŅ ķźƩĻĭƷźƚƓ ƩĻŭğƩķźƓŭ ĬƩƚğķĬğƓķ źƓƷĻƩƓĻƷ ƚƦƷźƚƓƭ źƓ ƷŷĻ tĻĭğƓ /ƩĻĻƉ ƓĻźŭŷĬƚƩŷƚƚķ͵ City of DentonPage 1 of 1Printed on 7/19/2019 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/ DCM/ ACM: Todd Hileman, City Manager DATE: July 16, 2019 SUBJECT Receive a report, hold a discussion, and give staff direction regarding broadband internet options in the Pecan Creek neighborhood. BACKGROUND Recently, several residents living in Section B of the Preserve at Pecan Creek neighborhood have expressed concerns regarding the lack of high-speed Internet coverage in their neighborhoods. The area of concern includes homes on Swisher R., Crapemyrtle, Dr., and Crossvine Ct. (Exhibit 3). There are no private providers that currently have the fiber or cable infrastructure in place on these streets to provide the high- speed Internet services. For reference, the FCC defines high-speed internet as 25mbps (megabits per second). Internet service lines are typically installed during the construction of a subdivision and is coordinated by the developer. However, these particular houses were far away from other development when the neighborhood was platted and providers were not able to extend the fiber lines to the neighborhood during that time. Now, other development has grown closer to this area. Additionally, in Texas, a municipality does not have the right to require service through a franchise agreement due to State Law. Beginning in January 2019, staff engaged with representatives from three internet providers that offer high- speed Internet services in different areas within City Limits: Charter Spectrum, Frontier Communications, and CenturyLink. The purpose of these conversations was to inquire whether those companies were able to extend services into the neighborhood. Many of the companies were concerned about the recovery of the cost of expanding their infrastructure. A summary of their responses is below: Frontier Communications: This area is out of their district, and they are unable to provide any services. Charter Spectrum: The company has requested letters of interest from the residents in this area, and will add this to the list for future consideration. No time-table was provided for review or implementation. CenturyLink: Currently laying fiber lines nearby, and could extend lines into the neighborhood, but would require a contribution of $42,500 to extend services. DISCUSSION The City of Denton is unable to pay for this extension of services, as it would be considered a gifting of public funds. This extension of infrastructure would need to be paid for by the residents or another entity of the neighborhood. There may be an option for the residents to receive a matching grant for up to $10,000 through the City’s Neighborhood Empowerment Grant. The grant is governed by Ordinance No. 2013-013 (Exhibit 4) which reimburses up to half of the cost of a project with a maximum of $10,000 to be awarded per project. In order to receive this, the criteria for approval may need to be amended, but the basic process would be: 1. Submit an online application; 2. Application is reviewed by the Neighborhood Empowerment Grant Advisory Board; 3. Grant is approved by the City Manager. To be considered for funding approval, eligible neighborhood groups with qualifying projects must: Successfully complete the grant application process and Provide evidence that the project qualifies for this funding program; Provide evidence that the requested grant and project was favored by a majority vote of neighborhood association members or a neighborhood group that has received support from 60 percent of the households or businesses to sign a petition for the project; Assume the lead role and responsibility for the project (Partnerships with non-eligible individuals or groups such as businesses, religious, fraternal or community organizations, educational institutions, political groups and non-eligible neighborhoods may be permitted.); Provide advance notice of all other funding sources, both public and private, for the same project; Contribute to and ensure resident involvement in all phases of the project by making a significant neighborhood donation in dollars, goods, or in-kind services such as volunteer hours (At least one quarter of the neighborhood match must come from volunteer efforts. For example, 25 percent of a $2,500 matching grant is $625; and at the approved rate of $18 per hour, 35 volunteer hours would be required.). Staff held a neighborhood meeting with residents from the affected neighborhood on Monday, July 1, 2019. Representatives from 13 of the 14 houses that are currently occupied attended the meeting. One additional house will begin construction soon. In the meeting, staff discussed the options that were presented by the providers, and listened to feedback and concerns. Residents in the neighborhood expressed concerns regarding lack of internet access: Is a very large security concern. Many alarm systems, security cameras, etc. are not able to properly communicate with emergency personnel; Residents are unable to access emergency information, such as severe weather alerts, or Denton Television, the City’s government access channel; Residents are unable to effectively conduct an online business, or complete online transactions; School children are unable to complete internet-based homework assignments at home; Household electronics are unable to update operating systems making them ineffective or unusable. After a robust conversation, residents agreed that they would: Provide letters of interest (Exhibit 5) for Charter Spectrum Service to City staff for the staff member to relay to the representative from Charter Spectrum. Be open to a surcharge or some kind of fee structure to help pay for the infrastructure cost. Likewise, City staff agreed to: Review the development agreement for this subdivision to search for information about internet services. Relay the letters of interest to Charter Spectrum (as requested). Maintain communication with the providers and residents of the neighborhood. Following the neighborhood meeting, Council Members asked the following questions regarding this issue. Staff answers are below each question: To ensure that new gaps do not emerge with future developments, is it possible tohave a municipal ordinance requiring developers to ensure that all home in the development have access to a private internet provider? o Currently, there is nothing that requires developers to include this sort of infrastructure as part of the Denton Development Code (DDC). Staff is researching whether including a provision like this as a future amendment would be possible. Is there anything else at the City’s disposal to achieve a goal of gap prevention and ensure high-speed Internet access for homes in thefuture? o Per the State of Texas Legislature, there are not any franchise agreements for telecommunications providers in the state. Because of this, the City is unable to force a provider to service a particular area. Are there line of sight wireless providers the neighborhood could contact to provide internet service? o Discussions with the neighborhood centered around hard-wired internet providers. Many residents were dissatisfied with their current satellite provider who, according to the residents, have speeds up to 4 mbps. OPTIONS 1. No action from City staff, link residents with providers. 2. Staff continues to facilitate conversation between residents and providers. 3. Amend the City’s neighborhood empowerment grant program to permit a neighborhood without access to broadband to apply for a grant up to $10,000. 4. Facilitate a price/agreement for the residents to pay on their own to access the services. PRIOR ACTION/REVIEW (Council, Boards, Commissions) 1. May 7, 2019 – Mr. Lester Hudson regarding lack of high-speed internet at the Pecan Reserve presentation to City Council during the “Presentation from members of the public” section. EXHIBITS 1. Agenda Information Sheet 2. Presentation 3. ISP Provider Map 4. Ordinance No. 2013-013 5. Letters of interest from residents Respectfully submitted: Stuart Birdseye Assistant to the City Manager List of Homes without Cable / High Speed Internet Technology Services GIS ² Legend Pecan_Creek Minimum 50 Mbps / 10 Mbps Minimum 25 Mbps / 3 Mbps Citylimits CLASS COD NAA 8/1/20 Text The Preserve Pecan Creek Section B ROBSON RANCHCRAWFORD 64076419 6415 6411 6401 6400 4801 64044804 4805 4808 4809 4812 4813 The Preserve 4900 Pecan Creek 4904 Section B 5000 5004 5100 ² From:Travis Mouser To:Birdseye, Stuart; Deb Armintor; Hensley, Sara Subject:High-Speed Intern Letter of Interest Date:Thursday, July 4, 2019 7:30:24 AM To whom it may concern, My name is Travis Mouser and I reside at 6401 Crapemyrtle Dr., Denton, TX 76208 in the Preserve at Pecan Creek neighborhood with my wife, daughter and father-in-law. I am writing to express my concern of not having access to any high-speed internet in our part of the neighborhood. Prior to moving to 6401 Crapemyrtle, we lived in the Preserve at Pecan Creek neighborhood in the middle of the larger part of the community, on Desert Willow. This part of the neighborhood has access to various ISP's which provide high-speed internet. Our decision to move and build a bigger house was based on a few reasons. One reason being was that we were seeing more and more break-in's regarding vehicles and homes. I have a 7-year old daughter and, like any other parent, my number one priority is to keep her safe. We found a street which was still part of the same neighborhood, yet somewhat hidden from possible criminal elements and we absolutely love it here. The only downfall is that, although part of the same high-speed internet neighborhood in which we pay the same HOA dues, we are refused the same service afforded to the rest of the community. Before moving in, I contacted every single ISP that supplies internet to the area to check availability: AT&T, Verizon/FIOS, Charter/Spectrum, Century Link, and Grande Communications. We were told by each one, except Grande, that they do not provide to our area. Grande advertises high-speed internet to our area, but the fastest they can provide is 6mbps DSL. Keep in mind, that is the advertised speed, not actual speed. Being the only provider, we obviously had to sign with Grande. When they came to install and setup, the technicians even stated that we have the absolute worst and slowest internet they have ever seen provided (especially to homes like ours which are $500k+) and that they are surprised that it even still exists. After setup and testing, the actual speed tests show that fastest average download speed is 4.80mbps and upload is 0.72mbps,and that is with every device turned off. The averages for the entire United States is 21.82mbps/9.89mbps (download/upload). As you can see, we fall dangerously below the rest of the U.S. I have taken screenshots of the internet speed test and attached them to this email as proof of our lack of high-speed internet. The following reasons are why we need high-speed internet: 1. Security and safety - As mentioned before, my father-in-law lives with us. He is retired and likes to still do things in and around the house that causes my wife and I to worry when we are not at home. In order to have functional security cameras that we can access remotely, the absolute minimum upload speeds required per camera is 1mbps. 1mbps is for older low-resolution cameras. That's upload speed. Ours at best is .72mbps. Our current internet speed fails to provide enough speed to power the worst camera on the market. If my father-in-law has a medical emergency and cannot call for help, how would we know without being able to check cameras? There's times where he mows the yard when we are not at home and then he needs to rest for 2 days. What if something bad happens? We would not know until we got home. Relating to security systems, our current system is incapable of communicating with our security provider due to lack of internet speed. So even without cameras, if someone in our home needed 9-1- 1 and could not get to their phone, they cannot rely on our security system to function properly and notify proper emergency personnel. As I mentioned earlier, the part of the neighborhood we moved from was being victimized by burglars and our neighbors (those with high-speed internet) have been able check their cameras and share the videos to police and the rest of the neighborhood to help keep us informed. Not us. We are unable to have adequate security systems for our homes, properties, and most importantly, families. There has been a rise in theft of packages from porches all around the country, including our neighborhood. We continuously order items online for my wife's business, yet we cannot install a Ring door camera to monitor our packages when they are delivered. 2. Legal - Speaking of security systems, homes that are built with security alarm systems in Denton are required by city law to be registered with the city (monitored and non-monitored). Why do we need to pay for an alarm permit for something that is IMPOSSIBLE for us to utilize? We have 2 options: a) pay for an alarm registration for an alarm system that cannot be monitored because of lack of internet; or b) not pay for something that cannot be used and break the law. 3. Work - I am high school teacher at a Career and Tech vocational school that relies heavily on technology. My entire classroom is completely paperless. Each class is 2.5 hours long. There are times when I wake up and my daughter is too sick to go to school and I need to stay home with her. When this happens, I need to create and post the daily lesson and assignments for my students online. I have to leave my house and drive to work to use the internet. I cannot go to Starbucks, or any other business to use theirs because they are not open that early, so I am forced to drive the 21 miles to work and back again before my wife heads to work. My wife is a high school counselor, licensed professional counselor and runs her own business. She is extremely busy and is required to work long hours away from home because a portion of her work requires online interaction with clients and business partners. The lack of internet at home keeps her away from the family. There are times she needs to head to her business to use the internet there, because she cannot be effective with certain situations due to extremely slow internet at home. 4. Education - Our daughter is receiving educational services through the district and there are multiple websites referred to by her teachers that will be beneficial to assist in her learning. Every site referred to relies on streaming educational and interactive videos and lesson plans. A couple of which require membership fees. The lack of high-speed internet causes these sites to be delayed due to buffering and, at times, timing out and the site crashes. During those times where her lessons are delayed, the lessons become ineffective and therefore hindering her learning ability. 5. Finances - Signing up for Grande Communications "high-speed internet" at 6mbps is costing us $89 monthly. When we spoke with them concerning the cost for the lack of high speed, they said they have to bundle with a phone line because they do not have a plan for 6mbps DSL and, therefore, no plan exists for such a slow speed. Their solution is to charge us for the lowest plan they have which offers speeds up to 1Gb starting at $89. After researching and speaking with multiple ISP's and one Century Link planning engineer, we found that one house on our street does in fact have copper wiring high-speed internet tested at speeds up to 400+mbps. This home has access because the original tenant had personal connections in the planning dept. within Century Link. When speaking to Century Link about providing service, they admit to providing service to that residence yet refuses to provide the same service to the rest of us neighbors. I also learned that Century Link provides fiber-optic high-speed internet to both apartment complexes (The Lodge at Pecan Creek and Preserve at Pecan Creek apartments); both of which border property lines to the homes lacking high-speed internet. When asked why they can't extend lines to the homes that are not even 300 feet away, they said it's a city zoning issue and therefore impossible for them to do such a thing. We are in a neighborhood HOA where we pay dues close to $500 yet have nothing to show for it. Because of our location, the HOA cannot provide any landscaping upkeep or neighborhood decor for our streets. The pool is constantly closed due to sanitary reasons and most residents on our streets have pools in their back yards, so there is no need for us to have access to a polluted, partially open and accessible pool (in which we would need to cross 3 city lines in order to access if we wanted to go). I spoke with the HOA reps about this issue and brought up the lack of high-speed internet in our portion. I asked what they can do about the issue. They said it is not their problem and therefore cannot/will not do anything to correct this problem. If high speed internet is provided to our streets, I can guarantee you that 100% of residents on these streets will sign up for service. Thank you for your time in hearing my concerns surrounding safety and security, legal, work-related, education and financial difficulties that the lack of high-speed internet is causing our family. Please help your community to find a solution to fix this problem. Respectfully, Travis & Stephanie Mouser 6401 Crapemyrtle Dr. 214-682-8807 7/8/19 To Whom it May Concern: We have lived at 4813 Crossvine Ct, in the Preserve at Pecan Creek subdivision for over 4 years beginning in April of 2015. Since moving to this neighborhood, we have only had the option to purchase 5mbs DSL internet service. Our extremely slow internet service causes numerous issues for our household including the inability for our home alarm system to maintain proper connectivity to the alarm company. Additional problems caused by lack of high-speed internet include our inability to connect home security cameras to our system as well as the inability to conduct necessary work functions such as emailing medium or large files. Furthermore, while speaking with our current internet provider Grande Communications; I was informed that Grande is planning to eliminate all Dial Up (DSL) service in the near future. This causes concern that we could soon be left without any internet service options to our house unless new options become available. When high-speed internet becomes available in our neighborhood, we will sign up for service immediately. We would also be interested in adding other services from a new provider such as cable tv should that be an option. Thank you, Addam and Loree Hamilton 4813 Crossvine Ct Denton, TX 76208 940-465-8880 From:Grande To:Hudspeth, Gerard; Paul Meltzer; Watts, Chris; Birdseye, Stuart; Deb Armintor; Hensley, Sara Subject:Lack of high speed internet Date:Friday, July 5, 2019 9:22:25 PM To Whom It May Concern: Currently our neighborhood lacks high speed internet. In todays world where our jobs and our children’s education rely on the internet, this puts us behind. Both my wife and I are educators. We rely on the internet for our jobs. We use the internet to do research for lessons, communicate with colleagues, submit reports, and attend meetings. High speed internet would allow us access to applications like Zoom for online meetings and Google for education where we write lessons and evaluate students and teacher work. Our son relies on the internet to do school work. All of his assignments are completed and uploaded on Google Classroom or other online application. Without reliable internet access he falls behind in classes and does not submit homework on time. Reliable, high speed internet is critical to his education and his success in mastering learning. We are a multi-generational house in that my parents also live with us. As they approach their 80’s, a reliable, fast internet connection is critical to their health. They both have pace makers that routinely upload cardiac information for monitoring by the cardiologist. Any changes in heart rhythms can be detected and critical heart situations like heart attacks can be avoided when their information is transferred reliably. Our internet service is neither reliable nor sufficient with so many devices competing for the very limited bandwidth. Security is also important to our family. We would like to update our security system to include cameras. While my wife and I are at work we can monitor what is going on at the house including keeping on eye on my parents due to their health. We currently cannot upgrade because our internet cannot support any system offered by companies like Brinks, ADT, or SmithThompson. An updated system would require 5 Mbps download speed at minimum - we average about one tenth that speed. I have included at the end of this email a report of our internet speeds. We live within the City of Denton and within a few hundred yards of apartments that have high speed internet. The neighborhood that we are officially a part of, The Preserve at Pecan Creek, has high speed available to them. However, our little enclave has one available service operating at speeds that even the techs that frequently come out find laughable. Any help in obtaining high speed internet would be greatly appreciated. Internet Speed Reports: http://speedtest.xfinity.com/results/1562377856671_JXQVFPCNZXK2NRN https://www.speedtest.net/result/8394237557 https://www.highspeedinternet.com/app/uploads/speed-test/1545264.png Sincerely, Darrell and Noel Hill 4809 Crossvine Denton, TX 76208 From:Ashley Queen To:Birdseye, Stuart Cc:Deb Armintor Subject:Letter for charter Date:Wednesday, July 3, 2019 3:31:54 PM Charter Communications, My name is Ashley Barkley and I live off of Swisher road in Denton. I want to shed additional light on the challenges that I’m facing without consistent internet. I am employed as a licensed professional counselor and am beginning to work from home doing psychological evaluations for children entering the foster care system in the state of Texas. It is essential I am able to maintain utmost HIPPA compliance and confidentiality for my clients. I am completely unable to do that at this time with our current DSL internet. I do the evaluations through video chat and both DSL and satellite (our only current options- which together cost over $200 a month and still provide inadequate connectivity) are poor and inconsistent quality. This means I will have to find a place outside of my home in which to do the evaluations. It’s next to impossible to find a place that is both confidential and HIPPA compliant in the public sector without renting a space. So I am unable to use my home that I’m currently paying $10,700 in property taxes and am essentially forced to spend money that I should not have to spend. I hope we should be entitled to equal services as should all of our community members. My husband and several neighbors have brought this to the attention of various city council members over the past year and it has always been somewhat dismissed as our problem to find a solution to. This is so disheartening as we alone (the 12 houses in our neighborhood) are not able to solve the problem. Our current council members are now working hard to help us find a solution and we are grateful. I just wanted to give a more personal testimony as to the importance of a solution for the lack of consistent internet. Several of our neighbors also work from home and are struggling to do that well. I would like to plead with Charter to run services to our neighborhood. We will certainly be customers of the first company who brings services to our neighborhood. We ask that that company be you! Thank you, Ashley Barkley July 7, 2019 To Whom It May Concern at Charter Communications/Spectrum: Thank you for your interest in supporting our community; The Preserve at Pecan Creek, Section B, Denton, interest in having access to high-speed internet service, we would like submit the following: Les and I built our dream home in The Preserve at Pecan Creek and moved in 2 years ago on June 21, 2017. We were astonished to find out that there was no provision for cable or fiber in this section of the development. Access to high-speed internet is so important it would have made the difference between building here and not. We have actively pursued various avenues of approach to remedy the situation, beginning with uniting residents and contacting providers who deliver this service to other parts of the subdivision. Many of us were customers of Spectrum while living off Lakeview Dr., in The Preserve at Pecan Creek, while building our homes here also in The Preserve at Pecan Creek. Therefore, Spectrum was the first to be contacted. After several failed attempts to get a response from your company, on August 22, 2018 Les and I met with board members of Texas Star Community Management (the company that manages the HOA on behalf of the developer) to understand exactly how we "meaning those of us over here" ended up in a HOA without the benefits afforded those "over there". After several emails and letters, they said they were also unable to get a response. We continued to pursue the need and contacted the office of Senator Pat Fallon: District 30 and had conversations with his assistant Dody Brigadier. We also made contact with Melissa Kraft, Chief Technology Officer at the City of Denton. There were several calls between Melissa and Dody and numerous emails on the subject. We were encouraged by the engagement and support, yet still there was not any actionable progress. developed a presentation and went before the Denton City Council on May 7, 2019. We need help. We knew we needed a voice bigger than our own to resolve the problem. We are grateful for the engagement, support and advocacy we have received from the City of Denton. We have a belief that high-speed internet access ought to be as available and reliable as a reasonable consumer would expect it to be; just like electricity. only about conveniences granted in the 21st; like banking, shopping, paying bills and using multiple devices simultaneously. productivity like working from home, and entertainment like watching TV, streaming video and music, or watching live feeds of local high school football or City Council meetings. concern; we can't use web cam for security or have a monitored alarm system, we can't use the Ring doorbell app, or the Chamberlain garage door opening app, and much more. On July 1, 2019, Les and I hosted a neighborhood meeting to discuss the situation. Members of the Denton City Council and Staff were in attendance. 12 of 14, soon to be 15 residents were in attendance. Of the 3 who were not present, one was in Chicago on business, the other is a longtime resident and has not responded to any neighborhood outreach on this topic (or any other) and the third is an "about to be" resident who just purchased the lot north of us who, not knowing about the lack of high-speed internet, engaged and are fully committed to supporting the effort. That's 14 out of 15 residents. Thank you again for your support and consideration. We look forward to an opportunity to do business with your company soon. Sincerely, Les and Connie Hudson Fast, reliable connectivity is no longer a nice-to-have. 5100 Swisher Rd. https://www.spectrum.com/ © 2019 Charter Communications. Denton, TX 76208 From:April To:Birdseye, Stuart Subject:Request for High Speed Internet Preserve at Pecan Creek Date:Monday, July 8, 2019 2:19:04 PM > > To Whom This May Concern, > > My wife and I are writing this because we have been asked to describe the necessity of having access to high speed internet in our household. > > We currently reside at 6419 Crapemyrtle Drive in the Preserve at Pecan Creek. We have lived at this address for almost 4 years. It has been frustrating to say the least to live in a new state of the art home without having access to basic high speed internet. We live in a well populated area where the overwhelming majority of people have access to this service. We are not miles and miles out in the country where it is not available. It seems relatively simple to be able gain its access. Yet we have been without and continue to struggle figure out how to manage our current situation. > > I am a Vice President of Sales and Customer Service at Hitachi High Technologies. I work in the semiconductor industry and our largest customers are Intel, Micron, and Texas Instruments. Providing good Customer Service is our highest priority. These are worldwide companies that operate 24 hours a day and have expectations of video conferencing and sharing high levels of information at any hour of the day. Currently something I am incapable of doing at my home. I have to drive 30 minutes to my office to accomplish these simple tasks. It is actually quite embarrassing my inability to do so. > > Above and beyond my own frustration is what people consider the basic functionality of a home. Security, communication, and entertainment are all simple requirements of families in today’s society. It is not a futuristic request and it is not as if we are asking for something that isn’t already well established and provided to all of our existing neighbors of the HOA. For companies to deny access to these few families because of the potential cost associated seems unjust and unfair. It should not be complicated for companies that actually want to provide good customer service to provide access which I believe most of them advertise. > > To summarize. The needs are there in all sorts of varieties as you will read in letters created by most of our neighbors. A company that provides these services should be willing to step up and support these needs if they are truly in the customer service business and want their brand to be advertised as so. > > Thank you. > Brian & April Buckingham From:Steve Broemsen To:Birdseye, Stuart; deb.armitor@cityofdenton.com; Hensley, Sara Subject:We Need High Speed Internet Date:Tuesday, July 2, 2019 10:53:33 AM To Whom It May Concern, My name is Steven Broemsen and I live with my wife Madeline and daughter Finely at 5000 Swisher Rd. We have lived at this residence for 3 years and purchased the home as our “forever home.” We like the rest of our neighbors were very much taken aback when we discovered no high speed internet or cable providers serviced this area. For how much our society relies on high speed internet for security, education, work, and yes even entertainment, we would have never thought that we would be without necessary connectivity. Whoever takes the plunge into bringing quality internet to our homes will be the only viable option and thus will have an extremely high subscriber rate (I would be shocked if it wasn’t 100%). We all demand high speed internet so that we can feel safe in our homes, fulfill our duties for work, and allow our children to do homework. The risk is beyond minimal considering we have no other options. It would not surprise me if we would all agree to an extended contracts or a service fee to assist with ROI. Hopefully this letters and those you receive from my neighbors will be sufficient evidence that we have more than a fleeting interest in your service. Thank you, Steven Broemsen General Manager Cooper Installation Services (CIS) Office: 972-245-3766 Fax: (800) 672-0978 sbroemsen@cooperinstallations.com City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1635,Version:1 AGENDA CAPTION Receive a report, hold a discussion, and give direction regarding departmental presentations in preparation for the FY 2019-20 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. City of DentonPage 1 of 1Printed on 7/19/2019 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:July23, 2019 SUBJECT Receive a report, hold a discussion, and give direction regarding departmental presentations in preparation for the FY 2019-20 Proposed Budget, Capital Improvement Program, and Five Year Financial Forecast. BACKGROUND The purpose of this work session and additional work sessions during the months of July and August is to have each City Department give a brief presentation to City Council. Each presentation will cover the prior year accomplishments, future goals, budget emphasis, cost containment strategies, process improvements, functional areas, major responsibilities, performance measures, and the proposed FY 2019-20 Budget. The planned presentations for this meeting are from Municipal Judge, Library, Gas Wells, Economic Development, Human Resources, Health/Risk, Legal, City Manager’s Office, City Council, Internal Audit, Traffic, Streets, Fire and Community Improvement Services.TheCity Manager’s proposed budget is scheduled to be presentedto City Council on August 1, 2019. TheDepartment presentations are attached to this item. EXHIBITS Exhibit 1 –Agenda Information Sheet Exhibit 2 –Municipal JudgePresentation Exhibit 3 –Library Presentation Exhibit 4 –Gas WellsPresentation Exhibit 5 –Economic DevelopmentPresentation Exhibit 6–Human Resources Presentation Exhibit 7–HealthPresentation Exhibit 8 –Risk Presentation Exhibit 9–Legal Presentation Exhibit 10–City Manager/City Council Presentation Exhibit 11–Internal Audit Presentation Exhibit 12–TrafficPresentation Exhibit 13–Streets Presentation Exhibit 14–Fire Presentation Exhibit 15–Community Improvement Services Presentation Respectfully submitted: David Gaines 940-349-8260 Director of Finance Prepared by: Nick Vincent 940-349-8063 Budget Manager City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1723,Version:1 AGENDA CAPTION Receiveareport,holdadiscussionandgivestaffdirectionregardingtheDentonMunicipalElectric(DME) Fiscal Year 2019-20 Operating Budget and Capital Improvement Program. City of DentonPage 1 of 1Printed on 7/19/2019 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:July23, 2019 SUBJECT Receive a report, hold a discussion and give staff direction regardingthe Denton Municipal Electric (DME) Fiscal Year 2019-20Operating Budget and Capital Improvement Program(CIP). BACKGROUND The City’s budget emphasis continues to be focused on cost containment, financial transparency, maintaining excellent customer service and maintaining strong financial management. As such, staff is pleasedto present to City Councilthe DME Fiscal Year 2019-20Operating Budget and Capital Improvement Program. DME continues to provide competitive and reliable electric service for ratepayers while ensuring the safety of DME employees and the general public and complying with state and federal regulations. DME remains focused on managing its infrastructure needs to meet future growth and development plans. The proposed FY 2019-20 DME Budget and CIP was presented to the Public Utilities Board (PUB) on July th 8. The budget book is attached as Exhibit 2, and the PowerPoint presentation for this agenda item is attached as Exhibit 3.Staff looks forward to the discussion of this proposed budget and working with the City Council. EXHIBITS 1.Agenda Information Sheet 2.FY 2019-20Budget Book 3.Presentation 4.ERC Review 5.DEC May 2019 Dashboard Respectfully submitted: David Gaines, 349-8260 Finance Director Prepared by: Nicholas Vincent, 349-8063 Budget Manager kWh$/ Review of DME 5-Year Budget Introduction -year Budget Estimate of expenses, utility provides electric service for the city. This last fiscal year saw the introduction of significant new resources into the energy portfolio. A large wind farm and a solar farm were introduced for the first time. The Denton Energy Center, a large peaking resource, was also introduced in this last fiscal year. These new resources face uncertainty to the estimate as to their cost, revenues and the production. Because of the variable nature of these resources, DME faces new challenges to manage these in an economic manner and to estimate annual costs. Review Process ERC has downloaded and statistically reviewed the Electric Reliability Council of Texas of many of these relationships can b ERCOT by the Independent Market Monitor - Potomac Economics (www.potomaceconomics.com). ERC has performed weather normalized regression analysis of growth over the last few years for DME. Forward curves for both power and natural gas were reviewed against independent sources. ERC has reviewed the locational cost relations for the load and for resources when historical and forward market data was available. ERC received two reports to review from DME: Purchased Power Budget Summary and the Proposed Budget Curves, both of which were updated as to the forward markets on May 10, 2019. ERC reviewed the price curves, growth rates, production rates for load and resources. This review was at a granularity of both monthly and annual level. ERC also discussed this estimate with DME managers: Terry Naulty, Stephen Johnson and Jose Gaytan on June 25, 2019. We offered observations on several items that, in our opinion warranted adjustments, but these were only of limited budgetary impact. Analysis Budgeting for an electric utility is part straightforward accounting of expenses and revenues, and part adjustments for uncertainty and interrelations between unknown resource production and unknown prices and price relationships. A fundamental variance is caused by weather that produces large changes in energy production and usage by load. Market forces in ERCOT change through supply, demand, and market rules and these changes produce variances in costs. Combining these two opposite elements, load on one hand, and resources on the other, always produces uncertainty in the expected total budget. ERC reviewed these interrelationships for continuity and consistency. The proposed budget captured the known July 1, 2019 Budget Review for DME from ERC 1 costs and expenses for the resources and load. The forecast for the prices used in the estimate was consistent with historical relationships. The growth rate conforms both with ERCOT and with regional forecasts for use. Uncertainty Budgets are typically based upon expected weather, current forward prices, and stationary relationships for geographic production and transmission. All of these are subject to uncertainty which is often overlooked in the estimate. Because of the nature of physical resources there is a larger risk that costs will be higher than those estimated. For example, power plants and the elements in a transmission system are subject to mechanical breakdown. The outages produce higher costs because the system is built to meet expected load with a minimum of resources. Remove one of the parts and there is a cascade of increased costs to the system. This results in a larger risk of higher costs than lower costs. DME has address this risk by lowering the expected revenues from the resources to match historical relationships. This is prudent planning and helps reduce the overall risk of underbudgeting. Uncertainty is incurred by the inability to develop a fixed price basis hedge (location price adjustment) for some of the resources. Some resources in the budget have not yet been built and connected to the market. Basis hedges in the ERCOT market can be purchased only for approximately 2.5 years in the future. This budget extends out to 5 years. Natural gas prices for the DEC peaking resource are uncertain because of the uncertain demand for the dispatch for the plant. DME has addressed all of these uncertainties with prudent estimates of the both the outages, risk of higher budgets remain. Conclusion The process that DME used to estimate the 5-year budget is comprehensive and the estimate is well within credible expectations. There is uncertainty associated with known aspects of the market that may increase this expectation of costs. DME has prudently reduced their forecast of resource prices and increased the expected budget to counter this increase in risk; in so doing they have risk-adjusted the budget. DME has used all of the available third-party sources to make the budget estimate accurate. July 1, 2019 Budget Review for DME from ERC 2 City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1724,Version:1 AGENDA CAPTION DeliberationsRegardingCertainPublicPowerUtilities:CompetitiveMatters-UnderTexasGovernmentCode Section 551.086. Deliberateanddiscusscompetitiveinformationregardingpublicpoweroperationalandfinancialmatters pertaining to the purchases and risks of wholesale energy supply pertaining to the proposed electric budget. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1742,Version:1 AGENDA CAPTION Deliberations regarding Real Property - Under Texas Government Code Section 551.072; Consultation with Attorneys - Under Texas Government Code Section 551.071. Receive information from staff, consult with the City’s attorneys, and provide direction pertaining to potential acquisition and use of the facility located at 401 North Elm Street, where discussion of these legal matters in an open meeting would conflict with the duty of the City’s attorneys to the City of Denton and the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, or otherwise compromise the City’s legal position in any administrative proceeding or potential litigation. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1628,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,authorizingsettlementofapropertydamageclaim againsttheCityfordamagetoahydraulicexcavatorrentedfromKirby-SmithMachinery,Inc.;authorizing expenditureoffundsintheamountof$123,750.00,includingfundsreceivedfromtheCity’sgeneralproperty insurance policy with Affiliated FM Insurance Company; and declaring and effective date. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Human Resources/Risk Management ACM: Sara Hensley DATE: July 23, 2019 SUBJECT An Ordinance of the City of Denton, authorizing settlement of a property damage claim against the City for damage to a hydraulic excavator rented from Kirby-Smith Machinery, Inc.; authorizing expenditure of funds in the amount of $123,750.00, policy with Affiliated FM Insurance Company; and declaring and effective date. BACKGROUND On December 14, 2018, a City of Denton employee caused extensive damage to a 2017 Komatsu hydraulic excavator (track hoe) that had been rented from Kirby-Smith Machinery, Inc. The damage occurred while the employee was attempting to load the track hoe onto a trailer. The operator did not center the track hoe on the trailer and in the process of trying to re-center it, the employee over-corrected causing the track hoe to fall off the trailer onto its side. Thankfully the employee was belted in and was not injured. Investigation determined that this was an inexperienced operator of this type of equipment. This has been discussed with the supervisor and more experienced operators will be used in the future. Kirby-Smith evaluated the damage to the track hoe, which included engine damage, platform damage, a twisted cab frame, and three (3) cracks in the counter weight, and determined the track hoe to be a total loss (cost to repair exceeds the value of the equipment). In order to verify this, the City hired Property Damage Appraisers (PDA) to provide a secondary assessment of the damage and they confirmed the track hoe to be a total loss. The agreed upon replacement cost value of the track hoe was $123,750. ment coverage within our Property Insurance policy with Affiliated FM Insurance Company (Affiliated). Affiliated agreed with the value of the track hoe and paid the City as follows for the loss: Replacement Cost of track hoe: $123,750 Cost for PDA damage assessment: $1,009.76 Total City Cost: $124,759.76 LESS City Deductible: ($10,000) Total Payment to City: $114,759.76 With the insurance proceeds the net cost to the City is $10,000. However, since the City will be remitting payment to Kirby-Smith in the amount of $123,750, the payment needs to be approved by City Council. RECOMMENDATION Approve payment in the amount of $123,750 to Kirby-Smith Machinery, Inc. ESTIMATED SCHEDULE OF PROJECT Payment will be issued following Council approval. FISCAL INFORMATION Funds for liability claims filed against the City are funded out of the Risk Retention Fund, 860002.7727. The check from the insurance company has been received, and deposited, into the Risk Retention Fund, 8600.8154. EXHIBITS Exhibit 1: Agenda Information Sheet (.pdf) Exhibit 2: Kirby-Smith Damage Estimate Exhibit 3: PDA Damage Estimate Exhibit 4: Affiliated FM Insurance Company Reimbursement Exhibit 5: Release in Full of All Property Damage Claims Exhibit 6: Accident Photos Exhibit 7: Ordinance Respectfully submitted: Carla Romine, 940-349-8344 Director of Human Resources Prepared by: Scott Payne Risk Manager CUSTOMERPICKUP10-FTWORTH 02/10/201915:10:48(O)1 02 DENTO0039403497742008658 CITYOFDENTON 901BTEXASSTREET DENTONTX76209CITYGOVERNMENT12/31/9999 303/303 ESTIMATEEXPIRYDATE:02/14/2019 Stock#:KM18295HYD,ROADLINER,BLADEMS#:51153 Make:KMModel:PC138USLC-11 Istohavethefollowingworkdone INSPECTMACHINEFORDAMAGEANDRETURNMACHINETOM.F.G.SPEC COMPLAINT:__________ MACHINEFELLOFTRAILER CAUSE:______ MAKEESTIMATETOREPAIRMACHINETOGETBACKINM.F.G.SPECS. CORRECTION:___________ THEFOLLOWINGWORKWILLNEEDTOBEDONETOGETMACHINEBACK TOM.F.G.SPECIFICATIONS. THEENGINEWILLNOTROTATE360DEGREESITWILLNEEDTOBE REPLACED.ALSOTHECOUNTERWEIGHTISBROKENINTHREEPLACES ITWILLNEEDTOBEREPLACEDASWELL.DOTOTHEFALLOFTHE MACHINEANDTHEENGINERUNNINGTHEHYDRAULICPUMPSWILL NEEDTOBEREPLACEDALONGWITHTHEHYDRAULICTANKTHATHAS BEENDAMAGEDANDHASCRACKSINIT.THEFUELTANKHASCRACKS INITANDWILLNEEDTOBEREPLACEDASWELL.THECABHASBEEN DAMAGEDFROMTHEFALLCANNOTBEREPAIREDANDWILLNEEDTO BEREPLACEDALONGWITHALLCOMPONENTSTRANSFERREDOVERMAY NEEDTOREPLACESOMEOFTHEMWILLNOTKNOWUNITREPAIRIS MADE.THEFRAMEISTWISTEDFROMTHEFALLANDWILLNEEDTOBE REPLACEDASWELLWITHANEWONE.ITWILLNEEDTOBE INSTALLEDALONGWITHALLCOMPONENTSTOGETMACHINEBACKTO M.F.G.SPECIFICATION.SEVERALHANDRAILSANDMIRRORSWHERE DAMAGEDALSOTHEENGINEHOODHASBEENDAMAGEDANDWILLNEED TOBEREPLACED.PLEASENOTETHEISAESTIMATETHEREMAYBE MOREITEMSTHATARENOTFORESEENUNITFURTHERTEARDOWNAND INSPECTION. Part#DescriptionQtyPriceAmount______________________________________________________________ 22B-60-41111TANK14576.734576.73 20Y-60-42250BREATHER1125.24125.24 CUSTOMERPICKUP10-FTWORTH 02/10/201915:10:48(O)2 02 DENTO0039403497742008658 CITYOFDENTON 901BTEXASSTREET DENTONTX76209CITYGOVERNMENT12/31/9999 303/303 ESTIMATEEXPIRYDATE:02/14/2019 Part#DescriptionQtyPriceAmount______________________________________________________________ 708-3D-00042PUMPASS'Y116351.9216351.92 22B-04-41112TANK15087.475087.47 22B-54-01542CABASSY116607.5016607.50 22B-54-42521HANDRAIL1768.87768.87 22B-46-43100WEIGHT113744.8513744.85 22B-46-33201WEIGHT14908.494908.49 22B-46-13150BOLT3141.50424.50 01643-34212WASHER340.71122.13 23S-54-36270MIRROR1156.29156.29 01011-63620BOLT299.89199.78 01643-33690WASHER320.3461.02 22B-54-44603COVERASS'Y11020.861020.86 22B-54-44503COVER1807.46807.46 22B-54-49301COVERASS'Y11007.141007.14 22B-54-49311COVERASS'Y1669.86669.86 22B-54-34300COVERASS'Y1538.75538.75 22B-54-44535COVERASS'Y11116.021116.02 6276-A0-0020T4XENGASS'Y135477.6235477.62 22B-46-41213frame134103.6034103.60 22B-54-41122HOOD11567.001567.00 22B-54-41180COVER149.9549.95 22B-54-41811COVER1209.30209.30 FIFREIGHTIN17000.007000.00 203-60-31100ELBOWASS'Y232.3964.78 423-60-45461ELEMENT182.9782.97 22P-60-21181VALVEASS'Y1189.92189.92 20X-60-22140SPRING168.0368.03 07000-12135O-RINGP15.635.63 22B-60-11160STRAINER1153.33153.33 22B-60-31161RODASS'Y1154.29154.29 20Y-60-21320HOLDER1112.40112.40 12R-60-11230SPRING112.9412.94 07000-15150O-RING111.2011.20 421-60-35170ELEMENT,BREA18.828.82 CUSTOMERPICKUP10-FTWORTH 02/10/201915:10:48(O)3 02 DENTO0039403497742008658 CITYOFDENTON 901BTEXASSTREET DENTONTX76209CITYGOVERNMENT12/31/9999 303/303 ESTIMATEEXPIRYDATE:02/14/2019 Part#DescriptionQtyPriceAmount______________________________________________________________ 421-60-35180COVER199.2999.29 20Y-60-42211FILLER1140.21140.21 07044-12412PLUG136.7036.70 07002-12434O-RINGP6013.023.02 22B-60-41180HOSE173.2873.28 07285-00200CLIP111.5411.54 01010-81645BOLTP6042.9911.96 01643-31645WASHER42.148.56 01010-81225BOLTP6023.747.48 01643-31232WASHERP6021.282.56 07044-12412PLUG136.7036.70 07002-62434O-RING18.218.21 708-8E-16150PLUG314.6643.98 07002-61023O-RING33.7411.22 04530-11018BOLT114.3814.38 07040-12414PLUG115.8915.89 07002-62434O-RING18.218.21 22U-04-21241STRAINERASS1124.80124.80 22U-04-21200FLOATASS'Y185.3885.38 07056-18425STRAINER179.9179.91 21X-54-32350CAP15.585.58 22B-04-31170SEAL198.7098.70 22B-04-31180SEAL1146.78146.78 22B-04-31190SEAL1108.60108.60 22B-04-31880SHEET159.9459.94 07040-11007PLUG14.784.78 07002-11023O-RINGP6011.641.64 07000-13050O-RING14.354.35 01010-80610BOLTP6041.385.52 01643-30623WASHER4.863.44 01011-61645BOLT422.2689.04 01643-31645WASHER42.148.56 01010-81635BOLT25.8311.66 22B-04-41120PLATE1192.98192.98 CUSTOMERPICKUP10-FTWORTH 02/10/201915:10:48(O)4 02 DENTO0039403497742008658 CITYOFDENTON 901BTEXASSTREET DENTONTX76209CITYGOVERNMENT12/31/9999 303/303 ESTIMATEEXPIRYDATE:02/14/2019 Part#DescriptionQtyPriceAmount______________________________________________________________ 01010-81230BOLT23.747.48 418-18-31160WASHER210.0520.10 124-54-26540WASHERP6023.657.30 22B-54-32290BRACKET187.5587.55 01010-81225BOLTP6023.747.48 01643-31232WASHERP6021.282.56 01010-81225BOLTP6023.747.48 01643-31232WASHERP6021.282.56 22B-04-41131BRACKET1326.63326.63 01010-81230BOLT23.747.48 01010-81230BOLT23.747.48 124-54-26540WASHERP6023.657.30 124-54-26540WASHERP6023.657.30 22B-54-44420PLATE1179.42179.42 01010-81235BOLT24.699.38 175-54-34170WASHER23.947.88 01010-81235BOLT44.6918.76 175-54-34170WASHER43.9415.76 22B-04-41151BRACKET1162.26162.26 22B-46-31120TRIM111.8811.88 22B-46-31130SHEET175.8175.81 22B-46-31141SHEET138.5338.53 22B-46-31160SHEET123.0923.09 01010-81235BOLT24.699.38 01643-31232WASHERP6021.282.56 01010-81645BOLTP6022.995.98 01643-31645WASHER22.144.28 22B-54-34770CAP44.8019.20 01010-81250BOLT25.6011.20 01643-31232WASHERP6021.282.56 22B-54-42571HANDRAIL1464.33464.33 01010-81235BOLT44.6918.76 01643-31232WASHERP6021.282.56 20Y-54-12670WASHER24.889.76 CUSTOMERPICKUP10-FTWORTH 02/10/201915:10:48(O)5 02 DENTO0039403497742008658 CITYOFDENTON 901BTEXASSTREET DENTONTX76209CITYGOVERNMENT12/31/9999 303/303 ESTIMATEEXPIRYDATE:02/14/2019 Part#DescriptionQtyPriceAmount______________________________________________________________ 22B-54-38261GRIP1184.21184.21 11Y-54-18190WASHER412.1548.60 01010-80825BOLT42.188.72 22B-46-43431SHEET148.4048.40 22B-46-33330SHEET159.6459.64 22B-46-33311SEAL139.1239.12 22B-46-43371SHEET140.7040.70 22B-46-43320SHEET133.3433.34 22B-46-43380SHEET140.2740.27 22B-46-33450SHEET1155.26155.26 22B-46-33520SEAL146.5646.56 22B-46-33420SEAL143.2443.24 22B-46-33160COVER145.0645.06 22B-46-23170SEAL115.0615.06 01010-81220BOLTP6023.026.04 01643-31232WASHERP6021.282.56 22B-54-34770CAP24.809.60 22B-46-43611BRACKET1341.59341.59 01010-81235BOLT34.6914.07 01643-31232WASHERP6031.283.84 01643-32460WASHERP613.743.74 01010-62450BOLT123.4023.40 22B-46-43620PLATE188.9688.96 01010-81025BOLTP6022.865.72 01643-31032WASHERP6021.202.40 22B-46-23190CAP27.0714.14 22B-54-31581SUPPORT1258.39258.39 20Y-54-61630CLAMP146.8646.86 01252-71030BOLT24.448.88 130-54-61230WASHER311.5634.68 01010-81225BOLTP6033.7411.22 01643-31232WASHERP6031.283.84 22B-04-41171BRACKET1227.54227.54 01010-81230BOLT23.747.48 CUSTOMERPICKUP10-FTWORTH 02/10/201915:10:48(O)6 02 DENTO0039403497742008658 CITYOFDENTON 901BTEXASSTREET DENTONTX76209CITYGOVERNMENT12/31/9999 303/303 ESTIMATEEXPIRYDATE:02/14/2019 Part#DescriptionQtyPriceAmount______________________________________________________________ 01643-31232WASHERP6021.282.56 01010-81230BOLT23.747.48 MISCELLANEOUSCHARGES:DescriptionPriceAmount_______________________________________ LABOR75000.0075000.00 SHOPSUPPLIES300.00300.00 ENVIRONMENTALFEE175.00175.00 MISCELLANEOUS2500.002500.00 Parts:152656.72 Miscellaneous:77975.00 Authorization:_________________________TOTAL:230631.72 INVOICE INVOICE NUMBERINVOICE DATE 132-020248302/28/2019 BILL TOCLIENT CODE Attn: ERIC KOENIG CIT450001 CITY OF DENTON BUSINESS LINE / LOSS TYPE 601 E HICKORY STE A HES - Construction Equipment DENTONTX 76205 FOR INQUIRIES:SUBMIT PAYMENT TO: PDA Fort Worth, TX #132Property Damage Appraisers, Inc. TIN: 75-1160563 PO Box 471909 pdafortworth@pdaorg.net Fort Worth, TX 76147 (817) 275-5940 Please reference the invoice number and enclose a copy of the invoice on all payments. INSUREDASSIGNMENT DATEPDA ASSIGNMENT # City Of Denton Kirby-Smith Machinery, Inc.02/19/2019132-902-0190 CLAIM #REFERENCE # 20181214-10311-112/14/2018 T&E: 7.00 hours @ $130.00$ 910.00 Mileage: ( 19.00 miles - 0 included ) @ $1.20$ 22.80 Thank you for your business! 932.80 Terms: Professional fees due upon receipt. Interest accrues at 1% per month. Please reference the $ 76.96 invoice number and enclose a copy of the invoice on all payments. $ 932.80 @ 8.25% Tax $ 1009.76 © 201 by Property Damage Appraisers Incorporated This document, including style and format, is protected by Copyright and all rights are reserved. The use of this document is strictly prohibited without the written consent and permission of Property DamageAppraisers, Inc. Review Results: Failures (0), Warnings (5) Owner: Kirby-Smith Machinery, Inc., Claim #20181214-10311-1Page 1 of 1 Vehicle: 2017 KOMAT'SU PC138USLC-1, Profile: 1 PDA Standard Profile NT Version: 33 Estimate lines LineSeverityDescriptionActualGuidelineOverrideNotes Estimate line exceptions exist but overridden Profile (rates, taxes, amounts) LineSeverityDescriptionActualGuidelineOverrideNotes Profile items Passed Administrative Information LineSeverityDescriptionActualGuidelineOverrideNotes Admin exceptions exist but overridden Compliance Utility Version 4.7.0.1 *Not An Authorization For repair* Read disclaimers following appraisal calculations. This estimate has been prepared utilizing the Mitchell Medium/Heavy Duty Truck Database. ******************************Notice********************************** This is not an authorization for repair. All costs of repairs are the sole responsibility of the vehicle owner, who must authorize all repairs. Failure to deliver a copy of this appraisal to the repair shop by the vehicle owner may result in out of pocket expense to the vehicle owner. Providing a copy of this appraisal is not an acceptance of coverage or liability and all issues of coverage or liability are to be determined by the insurance carrier. ******************************Notice********************************** Deductibles may or may not be addressed or included in this appraisal. If applicable, the repairer should collect the deductible from the vehicle owner prior to the release of the repaired vehicle. ********************Supplement Procedure Notice********************* It is the repairer's responsibility to send notification of the supplement via fax or email to PDA, including a statement whether the repairs have been halted on the vehicle. PDA will respond to your request within 24 hours. Please allow 48 hours to complete supplement processing from the date of request to ensure timely release of the vehicle. ********************************Notice******************************** This appraisal is subject to the complete review and approval by the assigning insurance company to assure accuracy, cost effectiveness, and that accepted industry repair standards are met. The insurance company listed has the right to accept or reject any part or all of this appraisal or make any changes they feel necessary. Any person who knowingly presents a false or fraudulent claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. HEAVY EQUIPMENT (OFF ROAD) APPRAISERS REPORT Wheel Type Only Crawler Type Based on the amount of visible damage and the strong Certainty of hidden damage this unit should be considered a total loss, Scope of risk revealed damages to the counter weight, right side housings, platform is bent cab frame is twisted and engine was damaged since it was running at time of loss AVG wear tear dents, scratches Depreciation was taken on wearable items due to age and condition No nalternative parts were available at time of estimate Shop has Teardown,towing with 3750.00 for towing and 4000.00 for teardown crane lift unit. Invoices have been requested but I have not received Date: 3/27/2018 Kevin Hegwood Form F107A Rev. 6/15PDA Offices Independently Owned and Operated TOTAL LOSS EVALUATION WORKSHEET 132 FT WORTH 20181214-10311-1132-902-0190 CITY OF DENTONERIC KOENIG12/14/2019 Dealer Quotes STK $ RISH EQUIPMENTEXPANDEDSALES304-907-0427159000.00 $ POWER MOTIV CORPEXPANDEDSALES303-223-3764156094.00 $ GENERAL EQEXPANDEDSALES701-213-4058153000.00 $ T QUIPEXPANDEDSALES603-923-4140139000.00 Adjustments $ $ $ $ $ $ 0.00 $$ $$ $$ $$ $$ $$ $$ $ Average $ 151,773.50 $ 151,773.50 $ 0.00 $ 151,774.00 $ 6.259,485.88 $ 161,259.88 FIRST CLASSJUANDALLAS214-329-242515,300.00 AMERICANBARRYFTW817-335-33287,750.00 PRESTIGEBRUNODALLAS972-263-933312,500.00 Quinnelly, Inc.JEFFAL251-209-450028,000.00 1450 NE LOOP 820 FTW TX 76106 7750.00NA3750.00 KEVIN HEGWOOD2/20/2019817-235-3156 HESP002v00120130423 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: VIN.jpg Remarks: Document Name: Interior.jpg Remarks: Page 1 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: Interior - 2.jpg Remarks: Document Name: LF.jpg Remarks: Page 2 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: RF.jpg Remarks: Document Name: RF - 2.jpg Remarks: Page 3 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: RF - 3.jpg Remarks: Document Name: RF - 4.jpg Remarks: Page 4 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: RF - 5.jpg Remarks: Document Name: RR - 3.jpg Remarks: Page 5 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: RR - 4.jpg Remarks: Document Name: RR - 2.jpg Remarks: Page 6 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: RR.jpg Remarks: Document Name: LR.jpg Remarks: Page 7 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: LR - 3.jpg Remarks: Document Name: LR - 2.jpg Remarks: Page 8 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: COUNTER WEIGHT - 2.jpg Remarks: Document Name: PLATFORM - 2.jpg Remarks: Page 9 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: TRACK.jpg Remarks: Document Name: PLATFORM.jpg Remarks: Page 10 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: TRACK - 2.jpg Remarks: Document Name: TRACK - 3.jpg Remarks: Page 11 of 12 Claim Number: 20181214-10311-1 PDA Assignment Number: 132-902-0190-0 Document Name: COUNTER WEIGHT.jpg Remarks: Page 12 of 12 Exhibit 6: Accident Photos City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1630,Version:1 AGENDA CAPTION ConsiderapprovalofaresolutionbytheCityofDentonauthorizingtheCityManager,orhisdesignee,to accepttheVictimAssistanceCoordinatorGrant(GrantNo.3632902),intheamountof$178,080.00fromthe StateofTexas,OfficeoftheGovernor,throughagrantfromtheUSDepartmentofJusticefortheperiodof October1,2019,throughSeptember30,2021andacashmatchintheamountof$44,520.00;andprovidingan effective date. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: POLICE CM/ DCM/ ACM: Todd Hileman DATE: July 23, 2019 SUBJECT Consider approval of a resolution by the City of Denton authorizing the City Manager, or his designee, to accept the Victim Assistance Coordinator Grant (Grant No. 3632902), in the amount of $178,080.00 from the State of Texas, Office of the Governor, through a grant from the US Department of Justice for the period of October 1, 2019, through September 30, 2021 and a cash match in the amount of $44,520.00; and providing an effective date. BACKGROUND This grant award is issued by the U.S. Department of Justice through the State of Texas, Office of the assistance coordinator position was formally created in 1997, dedicated to assisting victims and families impacted by domestic and sexual assault, homicides, suicides, fatality car crashes, and natural deaths. Since caseloads. The need for victim services has grown past the ability of one position to manage effectively. The department currently intakes over 900 cases of domestic violence and sexual assault annually, which case assignments. The position is also responsible for providing crime victim compensation application assistance, follow-up, information and referrals. It is important for victims to be informed in a timely manner in order to provide emergency financial assistance which may be needed. The grant will provide two (2) years of funding for the salary, travel/training related expenses and supplies of one (1) full-time licensed clinical social worker to serve as a victim assistance coordinator. This grant is acontinuation of Grant No. 3632901. The grant was designed as a vehicle to improve victim-centered responses from the Denton Police Department. RECOMMENDATION Staff recommends that City Council approves this resolution. PRIOR ACTION/REVIEW (Council, Boards, Commissions) City of Denton Resolution 19-752 was passed and approved on April 16, 2019 initially authorizing the City Manager, or his designee, to accept grant funds for the Victim Assistance Coordinator Grant (Grant No. 3632901). See Exhibit 3. FISCAL INFORMATION General Fund - $44,520.00 Office of the Governor, Criminal Justice Division - $178,080.00. See Exhibit 2. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Funding Explanation Exhibit 3: Resolution 19-752 Exhibit 4: Resolution Respectfully submitted: Frank Dixon Chief of Police Prepared by: Frank Padgett Deputy Chief City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1652,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractforthepurchaseofnaturalgasforuseintheSolidWasteDepartment’s CNGFuelPumps;inaccordancewithTexasLocalGovernmentCode252.022,whichprovidesanexemption fromcompetitivebiddingforthispurchase;andprovidinganeffectivedate(File6795-awardedtoLuminant Energy Company, LLC, in the not-to-exceed amount of $75,000). City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the purchase of natural gas for use in the Solid Waste Texas Local Government Code 252.022, which provides an exemption from competitive bidding for this purchase; and providing an effective date (File 6795 - awarded to Luminant Energy Company, LLC, in the not-to-exceed amount of $75,000). INFORMATION /BACKGROUND The City of Denton operates a significant fleet of Compressed Natural Gas (CNG) fuel collection vehicles to provide solid waste and recycling services to its residents and businesses. In April 2018, the City of Denton commissioned its CNG fueling facility at the City of Denton Landfill resulting in the necessity to contract with a third party to supply natural gas to the station. Natural gas is supplied to the open market under one of two scenarios; using a fixed price scenario based on the spot market the date the purchase agreement is signed and a dynamic model basing the commodity price on the spot market at the time the CNG is pumped/delivered. demands and the need to ensure fixed pricing, we elected to accept fixed-price proposal to avoid the staff time required to monitor the commodity market and to apply budgeting predictability. Luminant Energy Company, LLC, is the only supplier that will contract with the City of Denton using the fixed cost model. Luminant Energy Company, LLC, expires July 31, 2019. A new contract will need to be executed prior to August 1, 2019, CNG fleet remains operational. The purpose of this ordinance is to provide the City Manager the authority to contract with Luminant Energy Company, LLC, to purchase up to $75,000 worth of Compressed Natural Gas (CNG) for fueling City of Denton Fleet Vehicles. In accordance with Texas Local Government Code 252.022, the procurement of items necessary to preserve bids and this Section has been construed to cover solid waste collection, hauling and disposal. See Browning-Ferris, Inc. v. City of Leon Valley, 590 S.W.2d 729 (Tex. App.-SAT 1979), reh. denied); Texas Atty. Gen. Op. No. JC-0281 (2000). PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 22, 2019, this item will be presented to the Public Utilities Board for recommendation to the City Council for consideration. RECOMMENDATION Award a contract with Luminant Energy Company, LLC, for Compressed Natural Gas (CNG) for fueling City of Denton Fleet Vehicles, in the not-to-exceed amount of $75,000. PRINCIPAL PLACE OF BUSINESS Luminant Energy Company, LLC Dallas, TX ESTIMATED SCHEDULE OF PROJECT Providing this authority will ensure the ability to acquire CNG for the City of Denton Solid Waste and Recycling Fleet for approximately 12 months. FISCAL INFORMATION These services will be funded from Solid Waste account 660800.7842 in the amount of $75,000. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: LLC Members Exhibit 3: Sample Agreement Exhibit 4: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Brian Boerner at 940-349-8001. Legal point of contact: Larry Collister at 940-349-8333. CONFIRMATION TO Master Agreement #M2313 Confirmation Number: __________-07/02/19 Date: Wednesday, July 03, 2019 Buyer: City of Denton Seller: Luminant Energy Company LLC 1527 S. Mayhill Rd 6555 Sierra Drive DENTON, TX 76208 Irving, TX 75039 Name: Brian Boerner, CPM, CHMM Marketer: Bill Rankin Director of Solid Waste Phone: (940)349-8001 Phone: 2148758132 Email: brian.boerner@cityofdenton.com Fax: 2148759050 Monthly Quantities (1251 South Mayhill Rd DENTON, TX - Meter #8000231371): MMBtu/Month MMBtu/Month Aug-2019 1,612 Sep-2019 1,590 Oct-2019 1,612 Nov-2019 1,590 Dec-2019 1,612 Jan-2020 1,612 Quantity/Contract Quantity: 9,628 MMBTU Nomination Point: Atmos Texas Pool Period of Delivery: 8/1/2019-1/31/2020 Receipt Point: Atmos Texas Pool Delivery Point: N/A Initial Performance Assurance: $0 Transporter: Atmos Pipeline - Texas Price/Contract Price: _____________ per MMBtu. Special Provisions: Buyer is designated as Shipper as provided in Section 3 of the Agreement. In accordance with Section 4.1 of the Agreement, title to, possession of, liability and risk of loss of Gas will pass from Seller to Buyer at the Nomination Point. If a Transporter restates a delivery quantity for a previous Day or Month (a "prior period adjustment" or "PPA"), an equivalent increase or decrease in quantities shall be transacted between Buyer and Seller in the time period (e.g., the current Month and/or future Months) as allowed by the Transporter. With regard to an under-delivery PPA imbalance, Seller shall sell and Buyer shall purchase the necessary additional PPA quantities at a price equal to the retail market value for the period during -delivery PPA imbalance, Seller shall credit Buyer for any excess Gas quantities at the resale price for the period during which those Notwithstanding anything to the contrary in the Agreement, in the event that Buyer does not pay its invoices when due, in addition to any other remedies under the Agreement, Buyer may be charged an Administrative Fee. Billing Address: Billing and Payment Address: City of Denton Municipal Utilities Luminant Energy Company LLC 1527 S. Mayhill Rd. Dept 1036 DENTON, TX 76208 PO Box 121036 Dallas, TX 75312-1036 Email: RetailGas@Luminant.com Fax: (214)875-9050 15860.pdf CONFIRMATION TO Master Agreement #M2313 Confirmation Number: __________-07/02/19 Notwithstanding anything in the Agreement which could be construed to the contrary, this Confirmation is provided prior to the consummation of a Transaction in order for Buyer to review its terms. This paragraph and the procedures set forth herein supersede and replace all language and procedures regarding confirmation of a Transaction that are set forth in the Agreement. If the price and other terms herein are acceptable to Buyer, Buyer shall execute this Confirmation and then send it to Seller either by facsimile to the fax number for Luminant Energy on page one of this Confirmation or by other mutually agreeable electronic means. Buyer's executed Confirmation shall not become a binding Transaction until accepted by Seller, which shall be confirmed by subsequent execution of this Confirmation by Seller, a copy of which will be provided to Buyer. This Confirmation shall constitute a part of and be subject to all of the other terms and provisions of the Agreement. All capitalized terms used herein, but not defined, shall have the meanings as set forth in the Agreement. City of Denton Luminant Energy Company LLC ______________________________________________ ___________________________________________ Signature of authorized representative Claudia Morrow Vice President Commercial Sales ______________________________________________ Name of authorized representative ______________________________________________ Title of authorized representative ______________________________________________ Date 15860.pdf City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1653,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractforPecanCreekWastewaterReclamationPlantPaintingProjectwith CorrosionControlResources,Inc.;providingfortheexpenditureoffundstherefor;andprovidinganeffective date (RFP 7039 - awarded to Corrosion Control Resources, Inc., in the not-to-exceed amount of $240,217). City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for Pecan Creek Wastewater Reclamation Plant Painting Project with Corrosion Control Resources, Inc.; providing for the expenditure of funds therefor; and providing an effective date (RFP 7039 - awarded to Corrosion Control Resources, Inc., in the not-to-exceed amount of $240,217). RFP INFORMATION/BACKGROUND The existing buildings and process tanks at the Pecan Creek Water Reclamation Plant are in need of a fresh coat of paint. The plant environment is aggressive, and the building exteriors and process units are subject to this environment. There has been substantial progress in paint availability options to help mitigate this aggressive type of environment. As such, it was determined to use a ceramic based paint that would last for a long period of time while maintaining a fresh paint look. The warrantee period specified in the bid requirement is a minimum of 25 years. There are a total of 21 buildings, pipes, tanks, and similar structures that will be painted in this project totaling approximately 71,516 square feet. Requests for Proposals was sent to 258 prospective suppliers. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Two (2) proposals were received, and one (1) proposal meeting specifications was received. Corrosion Control Resources, Inc. was determined to be the best value for the City. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 22, 2019, this item will be presented to the Public Utilities Board for recommendation to the City Council for consideration. RECOMMENDATION Award a contract with Corrosion Control Resources, Inc., for painting services for the Pecan Creek Wastewater Reclamation Plant Painting Project, in a not-to-exceed amount of $240,217. PRINCIPAL PLACE OF BUSINESS Corrosion Control Resources, Inc. Richardson, TX ESTIMATED SCHEDULE OF PROJECT This project will be started upon approval with a completion date by fall of 2019. FISCAL INFORMATION This painting project will be funded from Water Reclamation Department account 640365541.1360.40100. Requisition #142926 has been entered into the Purchasing software system in the amount of $240,216.75. The budgeted amount for this item is $250,000. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Project Map Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: PS Arora at 940-349-7189. Legal point of contact: Mack Reinwand at 940-349-8333. 17 16 15 1 2 18 14 5 4 10 12 9 11 4 6 13 19 21 20 8 7 ! I PCWRP Process Units for Painting .ǒźƌķźƓŭƭ ƭƨŅƷ Lab 6124 Pre Treatment 2048 Flow Split 5040 Primary Digester 11,314 Heat Exchanger 2964 Maintenance 3008 Sludge 3616 Belt Press 7560 DAF Building 4560 Turblex 3496 UV Structure 1780 UV Building 1728 GT Building 1620 North Return Old 1248 Raw 2 Entry 440 Raw 1 2484 Bar Screen Wall 2132 Operations Building 1378 South Return Building 1656 Green Pipe lg 3760 Green Side Pipe 3560 ƚƷğƌ ƭƨŅƷ АЊЎЊЏ DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND CORROSION CONTROL RESOURCES, INC. (CONTRACT 7039) THIS CONTRACT is made and entered into this date ______________________, by and between Corrosion Control Resources, Inc. a Texas corporation, whose address is 1216 Executive Dr. W., Richardson, Texas, 75081, 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 document RFP 7039 Painting of Buildings and Process Tanks at Pecan Creek Water Reclamation Plant, 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 (b) RFP 7039 (on File at the Office of the Purchasing Agent); (c) City of Denton Standard Terms and Conditions C; (d) Insurance Requirements D (e) Certificate of Interested Parties Electronic Filing (Exhibit "E"); (f) (Exhibit "F"); (g) Form CIQ Conflict of Interest Questionnaire (Exhibit "G"); 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 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. to those terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Suppliers 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 Terrorist Organization 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 asto 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: Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 Exhibit A Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $240,217.00. Pricing shall be per Exhibit F attached. 2. Contract Terms The Contract shall commence upon the issuance of a Notice to Proceed or Purchase Order by the City of Denton and shall automatically expire upon completion of the work or receipt of the materials, and acceptance by the City of Denton. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings 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 Supplier. No Terms and Conditions contained in 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 -of-way. 1. . The Contractor shall fully and timely provide all 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 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless othe 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 tor 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 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 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 Cit 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The 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, 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 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 address and, if applicable, the tax identification number on the invoice must exactly match the 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within thirty ( 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. da which is not covered by insurance required to be provided by the Contractor; 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 ble 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 the contractor in traveling to and from City facilities shall not be reimbursed, unless otherwise negotiated. 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 under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising 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 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 identified in the Plan, unless the substitute has been accepted by the City in Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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- 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 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 Contractor shall assist and cooperate with the City to the fullest extent to enforce such 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 fa this section. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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 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 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 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 def 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, - judgment interest at the maximum lawful rate. Additionally, in the event of a default by the 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 28. TERMINATION WITHOUT CAUSE: The City shall have the right to terminate the rior 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 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 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF 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. 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. 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 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 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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. notice of erosion of the aggregate limits below occurrence limits for all applicable ted within the Contract. 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 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 ess 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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. 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 and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) 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-er, Contractor 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 inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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 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 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 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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 ct of Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an 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, pensation, 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. 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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 own costs of Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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: MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 from Federal Procurement and Non-Procurement Programs, the State of Texas, or the City of Denton. 55. EQUAL OPPORTUNITY A. Equal Employment Opportunity: 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: 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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. 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 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 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 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. 4. Purchase order 5. Supplier terms and conditions Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 Exhibit D INSURANCE REQUIREMENTS AND 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 \[X\] 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. \[X\] Workers 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 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 \[ \] 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 on 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 oyees, 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 ATTACHMENT 1 \[X\] Governmental Entities A. Definitions: Certificate of coverage ("certificate")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner- operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1. a certificate of coverage, prior to that person beginning work on the Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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 Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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. Th 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. Contract # 7039 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 Exhibit E 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 Contract # 7039 EXHIBITF DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 PO Box 851503 Richardson, TX 75085 Office: 877-432-6730 Fax: 866-397-2297 th June 12, 2019 City of Denton Purchasing 901 B Texas Street Denton, TX 76209 Attn: Harsh Oberoi, CPPO, CPSM Re: Cost Evaluation for RFP 7039 Pecan Creek WWTP Painting We have reviewed the request to provide a lower cost breakdown to the City and have prepared the following revised cost proposal shown below. We felt our initial proposal was fair yet competitive but have decided to reduce the total bid by approximately 5.9% to provide additional incentive to the City during the RFP review. Proposal Pricing: 6 Base Bid amount to paint per project specifications$ 247,500.00 7 Payment and Performance Bonds$ 7,797.00 8 Total Bid amount to construct with bonds$ 255,297.00 Figure 1: Initial Proposal Pricing Provided with RFP Submission Revised Proposal Pricing: 6 Base Bid amount to paint per project specifications$ 232,881.00 7 Payment and Performance Bonds$ 7,335.75 8 Total Bid amount to construct with bonds$ 240,216.75 th Figure 2: Revised Proposal Pricing Submitted June 12, 2019 This represents an overall savings between base bid and bonds of approximately $15,080 to the City. Corrosion Control Resourcesconsiders this pricing its best and final offergiven the scope and extent of work remain the same. Please let us know if you have any questions or would like any additional information. Best Regards, Brenda Johnson President Page | 1 DocuSign Envelope ID: 32FFC984-6275-4D0D-99F2-7D14E430FF23 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: 32FFC98462754D0D99F27D14E430FF23Status: Sent Subject: 7039 PCWRP PAINTING PROJECT Source Envelope: Document Pages: 34Signatures: 1Envelope Originator: Certificate Pages: 6Initials: 1Monisa Rogers AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-06:00) Central Time (US & Canada)Monisa.Rogers@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Monisa RogersLocation: DocuSign 7/1/2019 10:22:10 AM Monisa.Rogers@cityofdenton.com Signer EventsSignatureTimestamp Monisa RogersSent: 7/1/2019 10:32:14 AM Completed monisa.rogers@cityofdenton.comViewed: 7/1/2019 10:32:26 AM Senior BuyerSigned: 7/1/2019 10:33:56 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: 7/1/2019 10:33:58 AM lori.hewell@cityofdenton.comViewed: 7/1/2019 11:05:00 AM Purchasing ManagerSigned: 7/1/2019 11:05:32 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: 7/1/2019 11:05:34 AM mack.reinwand@cityofdenton.comViewed: 7/2/2019 9:28:08 AM City of DentonSigned: 7/2/2019 9:40:33 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 Brenda JohnsonSent: 7/2/2019 9:40:35 AM brenda@corrosioncr.com President Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Frank Pugsley frank.pugsley@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer EventsSignatureTimestamp Tabitha Millsop tabitha.millsop@cityofdenton.com 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: 7/1/2019 10:33:58 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: 7/1/2019 10:33:58 AM sherri.thurman@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 Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy EventsStatusTimestamp Not Offered via DocuSign Rusty Willard rusty.willard@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/Encrypted7/2/2019 9:40:36 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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McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1654,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractwithSam’sClubthroughthePACEPurchasingAssociationof CooperativeEntitiesContractNumberP00170forRetailSuppliersServices;providingfortheexpenditureof fundstherefor;andprovidinganeffectivedate(File6979-awardedtoSam’sClubinthefive(5)yearnot-to- exceed amount of $220,000). City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 through the PACE Purchasing Association of Cooperative Entities Contract Number P00170 for Retail Suppliers Services; providing for the expenditure of funds therefor; and providing an effective date (File 6979 awarded to in the five (5) year not-to-exceed amount of $220,000). INFORMATION /BACKGROUND The City of Denton leverages Retail Suppliers Services which include but is not limited to office, auto, breakroom, electronic, hardware and software supplies. In the fiscal year 2017-201 purchases totaled $44,000 for supplies. Parks purchased food items for resale, events, and camps. Police purchased food and supplies for inmates at the City jail, conferences and City events. Fire purchased station supplies. ducts at an exceptional value, unmatched by traditional retail stores, by stocking every item in every available brand. stocking the right products and purchasing them in large quantities, passing on the savings to members. Pricing obtained through the PACE Purchasing Association of Cooperative Entities has been competitively bid and meets the statutory requirements of Texas Local Government Code 271.102. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) On July 16, 2019, Council approved the interlocal agreement with the PACE Purchasing Association of Cooperative Entities (Ordinance 19-1514). RECOMMENDATION Award a contract with , for the acquisition of Retail Suppliers Services, in the five (5) year not- to-exceed amount of $220,000. PRINCIPAL PLACE OF BUSINESS McAllen, TX ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. FISCAL INFORMATION These products and services will be funded through the usi-needed basis. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Cassandra Ogden at 940-349-7195. Legal point of contact: Mack Reinwand at 940-349-8333. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1655,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteacontractforthesupplyofElevatorsandLiftsServicesfortheCityofDentonto EMRElevator,Inc.;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(IFB7073 - awarded to EMR Elevator, Inc., in the five (5) year not-to-exceed amount of $330,000). City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a contract for the supply of Elevators and Lifts Services for the City of Denton to EMR Elevator, Inc.; providing for the expenditure of funds therefor; and providing an effective date (IFB 7073 - awarded to EMR Elevator, Inc., in the five (5) year not-to-exceed amount of $330,000). IFB INFORMATION/BACKGROUND This Invitation for Bid is for elevator and lift maintenance, inspections, repairs and replacement services for multiple elevators and lifts. These elevators and lifts are located at multiple locations across the City and are maintained by the Facilities Management Department (Facilities). The City of Denton currently manages and maintains nine elevators and three ADA lifts across ten buildings. The purpose of this contract is for seasonal maintenance, annual inspections, repairs and installations of equipment. Staff and citizens rely heavily on the performance and dependability of these elevators and lifts to assist those with accessibility disabilities. The availability of an elevator and lift contract will alleviate any lapse in service. Elevator services will be performed on an as-needed basis to assist the City with routine maintenance and repairs of existing units. Preventative maintenance is a key component to the dependability of the elevators. By having the elevators and lifts inspected annually for quality assurance ensures un- interrupted City operations and compliance with State of Texas law. Invitation for Bids was sent to 177 prospective suppliers of this item. In addition, specifications were placed on the Materials Management website for prospective suppliers to download and advertised in the local newspaper. Two (2) bids were received (Exhibit 2). The lowest bid was received by EMR Elevator, Inc. RECOMMENDATION Award a contract with EMR Elevator, Inc., for elevator and lift services, in a five (5) year not-to-exceed- amount of $330,000. PRINCIPAL PLACE OF BUSINESS EMR Elevator, Inc. Arlington, TX ESTIMATED SCHEDULE OF PROJECT This is a five (5) year contract. FISCAL INFORMATION These services will be funded from the Outside Contracted Services account 230001.6545. Requisitions will be entered into the Purchasing software system on an as-needed basis. The budgeted amount for these services is $330,000. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Bid Tabulation Exhibit 3: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact: Dean Hartley, 940-349-8243. Legal point of contact: Mack Reinwand at 940-349-8333. Exhibit 2 IFB 7073 - Bid Tabulation for Elevator & Lift Services Respondent's Business Name: EMR Elevator, Inc. Schlinder Elevators Corp Principal Place of Business (City and State): Arlington, TXFt Worth, TX Labor Services Pricing: Estimated Hours Est. Response EST Hours for Est. Response Unit (Only) TimeUnit 5 years for Time Description Item #Qty.UOMExt TotalExt Total Pricefor 5 years for (specify hours Pricecomparison (specify hours comparison onlyor days)onlyor days) SECTION A - SERVICE WORK HOURLY RATE: Regular Working Hours (7:00 AM - 5:00 PM / MONDAY THROUGH FRIDAY): Technician 11HR$ 189.00500$94,500.00TBD$ 385.58500$192,790.00TBD After Regular Working Hours: Technician 21HR$ 321.3040$12,852.00TBD$ 655.4940$26,219.60TBD Holidays: Technician 31HR$ 378.0040$15,120.00TBD$ 771.1740$30,846.80TBD Total of Section A: $122,472.00$249,856.40 SECTION B - EMERGENCY WORK HOURS (1-HOUR RESPONSE TIME REQUIRED) Regular Working Hours (7:00 AM - 5:00 PM / MONDAY THROUGH FRIDAY): Technician 41HR$ 189.0020$3,780.001 hour or less$ 385.5820$7,711.601 hour or less After Regular Working Hours: Technician 51HR$ 321.305$1,606.501 hour or less$ 655.495$3,277.451 hour or less Holidays: Technician 61HR$ 378.005$1,890.001 hour or less$ 771.175$3,855.851 hour or less Total of Section B: $7,276.50$14,844.90 Total of Section A&B: $129,748.50$264,701.30 Contract Total (5 Years):$330,000.00 Below information is required but will not be evaluated for award Products Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION): EST Material EST Material Unit Est Delivery Unit Spend for Description Item #Spend for PriceARO (Days)Pricecomparison comparison only only SECTION C - CONTRACTOR Material Rates: Elevators and Lifts parts material mark-up from wholesale rates (%) with 730%$ 200,000.00 7 Days 45%$ 200,000.00 2 Days back-up documentation SECTION D - SUB-CONTRACTOR Service and Material Rates: Labor Rate 81HRNA $ 225.00 Subcontractor material mark-up from wholesale rates (%) with back-up 9NA45% documentation DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AN EMR ELEVATOR, INC. (CONTRACT 7073) THIS CONTRACT is made and entered into this date ______________________, by and between EMR Elevator, Inc. a Texas Corporation, whose address is 2320 Michigan Ct., Arlington, TX 76016, 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 Suppli 7073-Elevators and Lifts, 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 (b) (c) City of Denton Standard Terms and Conditions C; (d) Insurance Requirements D (e) (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. 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. terms in Section 808.001 of the Texas Government Code. By signing this agreement, Supplier certifies that Suppliers 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 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 Suppliers 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 BOTH BY: ______________________________ REVIEWED AND APPROVED as to AUTHORIZED SIGNATURE 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: 2019-511824 AARON LEAL, CITY ATTORNEY TEXAS ETHICS COMMISSION CERTIFICATE NUMBER BY: __________________________________ CITY OF DENTON, TEXAS ATTEST: ROSA RIOS, CITY SECRETARY BY: TODD HILEMAN CITY MANAGER BY: _________________________________ Date: Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 Exhibit A Special Terms and Conditions 1. Total Contract Amount The contract total for services shall not exceed $330,000. Pricing shall be per Exhibit F attached. The contract term will be five (5) years, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. The contract shall commence upon the issuance of a Notice of Award by the City of Denton. 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. 2. Price Escalation and De-escalation The City will implement an escalation/de-escalation price adjustment annually. 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 annually list. The price adjustment will be determined annually 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 annually 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 Exhibit C Standard Purchase Terms and Conditions These standard Terms and Conditions and the Terms and Conditions, Specifications, Drawings 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 Supplier. No Terms and Conditions contained in 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 -of-way. 1. . The Contractor shall fully and timely provide all 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 6. DELIVERY TERMS AND TRANSPORTATION CHARGES: Deliverables shall be shipped F.O.B. point of delivery unless otherwise specified in the Supplemental Terms and Conditions. Unless otherwise state 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 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 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 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, ies. 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 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 11. COMPLIANCE WITH HEALTH, SAFETY, AND ENVIRONMENTAL REGULATIONS: The Contracto 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, 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 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 address and, if applicable, the tax identification number on the invoice must exactly match the informatio 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 13. PAYMENT: A. All proper invoices need to be sent to Accounts Payable. Approved invoices will be paid within of the invoice being received 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; es or contractors, which is not covered by insurance required to be provided by the Contractor; 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 under the Contract, including but not limited to indemnity and warranty obligations, or (5) arising 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 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 tute 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 Awards and Expenditures Report to the Procurement Manager, no later than the tenth calendar day of each month. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 confor 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 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 red to the City, the Contractor shall assist and cooperate with the City to the fullest extent to enforce such 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 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 shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 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 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 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 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, - judgment interest at the maximum lawful rate. Additionally, in the event of a default by the 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 caus 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 C 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 CONTRACT. NOTHING HEREIN SHALL BE DEEMED TO LIMIT THE RIGHTS OF 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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. 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. 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 on 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 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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. notice of erosion of the aggregate limits below occurrence limits for all applicable 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 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 r 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. 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 Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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) and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Con 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 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 ng inventions, employee information, trade secrets, confidential know-how, confidential business information, and other information which the City or its licensors consider confidential) nd 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 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 Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 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, 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 t Interest Questionnaire. 44. INDEPENDENT CONTRACTOR: The Contract shall not be construed as creating an 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, 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. , 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 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 th 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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: d) MLK Day Memorial Day 4th of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve (observed) Christmas 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: 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: engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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. 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). Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 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. standard terms and conditions 4. Purchase order 5. Supplier terms and conditions Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 Exhibit D INSURANCE REQUIREMENTS AND 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 \[X\] 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. \[X\] Workers 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 \[ \] 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 d Installation Floater covering rigging contractors; or through ISO form IH 00 91 12 11, Said coverage shall mirror the limits provided by the CGL coverage \[ \] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $ each occurrence are required. \[ \] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 ATTACHMENT 1 \[X\] 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: Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 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: Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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 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 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. Contract # 7073 DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 EXHIBIT E IFB 7073 - Pricing Sheet for ELEVATOR & LIFT SERVICES Respondent's Business Name:EMR Elevator, Inc. Principal Place of Business (City and State): Arlington, Texas Labor Services Pricing: Est. Response Time Description UOM Item #Qty.Unit Price (specify hours or days) SECTION A - SERVICE WORK HOURLY RATE: Regular Working Hours (7:00 AM - 5:00 PM / MONDAY THROUGH FRIDAY): Technician$ 189.00 TBD 11HR After Regular Working Hours: Technician$ 321.30 TBD 21HR Holidays: Technician$ 378.00 TBD 31HR Total of Section A SECTION B - EMERGENCY WORK HOURS (1-HOUR RESPONSE TIME REQUIRED) Regular Working Hours (7:00 AM - 5:00 PM / MONDAY THROUGH FRIDAY): Technician$ 189.00 1 hour or less 41HR After Regular Working Hours: Technician$ 321.30 1 hour or less 51HR Holidays: Technician$ 378.00 1 hour or less 61HR Total of Section B Total of Section A&B Below information is required but will not be evaluated for award Products Pricing (PRICING SHALL INCLUDE ALL COSTS TO DELIVER GOODS AS SPECIFIED F.O.B DESTINATION): Est Delivery ARO Item #Description Unit Price (Days) SECTION C - CONTRACTOR Material Rates: Elevators and Lifts parts material mark-up from wholesale rates (%) with 7 Days 30% 7 back-up documentation SECTION D - SUB-CONTRACTOR Service and Material Rates: Labor Rate NA 81HR Subcontractor material mark-up from wholesale rates (%) with back-up NA 9 documentation DocuSign Envelope ID: F0CE549F-C09B-4A7C-AF63-C1B317CC9209 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: F0CE549FC09B4A7CAF63C1B317CC9209Status: Sent Subject: Please DocuSign: City Council Contract 7073-Elevators and Lifts Source Envelope: Document Pages: 32Signatures: 4Envelope Originator: Certificate Pages: 6Initials: 1Jody Word AutoNav: Enabled901B Texas Street EnvelopeId Stamping: EnabledDenton, TX 76209 Time Zone: (UTC-08:00) Pacific Time (US & Canada)jody.word@cityofdenton.com IP Address: 129.120.6.150 Record Tracking Status: OriginalHolder: Jody WordLocation: DocuSign 7/3/2019 6:18:10 AM jody.word@cityofdenton.com Signer EventsSignatureTimestamp Jody WordSent: 7/3/2019 6:22:37 AM Completed jody.word@cityofdenton.comViewed: 7/3/2019 6:22:46 AM Senior BuyerSigned: 7/3/2019 6:24:02 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: 7/3/2019 6:24:04 AM lori.hewell@cityofdenton.comViewed: 7/3/2019 7:10:29 AM Purchasing ManagerSigned: 7/3/2019 7:10:49 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: 7/3/2019 7:10:51 AM mack.reinwand@cityofdenton.comViewed: 7/5/2019 8:51:06 AM City of DentonSigned: 7/5/2019 8:57:34 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 Hope Lee EvansSent: 7/5/2019 8:57:37 AM hope.evans@emrelevator.comViewed: 7/8/2019 7:02:01 AM PresidentSigned: 7/8/2019 11:21:05 AM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 70.118.78.26 Electronic Record and Signature Disclosure: Accepted: 7/8/2019 7:02:01 AM ID: 8026ad44-3608-43ec-beb4-a8c19cb643ed Signer EventsSignatureTimestamp Sara HensleySent: 7/8/2019 11:21:08 AM Sara.Hensley@cityofdenton.comViewed: 7/8/2019 12:01:34 PM Sara HensleySigned: 7/8/2019 12:02:26 PM Security Level: Email, Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address: 47.190.47.120 Signed using mobile Electronic Record and Signature Disclosure: Accepted: 7/8/2019 12:01:34 PM ID: 9928a8df-fc41-4f25-aff6-ef8ab832eaf2 Cheyenne DefeeSent: 7/8/2019 12:02:29 PM cheyenne.defee@cityofdenton.com Paralegal 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 9:02:14 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 Cheyenne DefeeSent: 7/3/2019 6:24:05 AM cheyenne.defee@cityofdenton.com Paralegal City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 7/3/2019 6:24:05 AM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Carbon Copy EventsStatusTimestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Saltsman david.saltsman@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Christian Garcia Christian.Garcia@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted7/8/2019 12:02:29 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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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 19-1656,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theCityManagertoexecuteaProfessionalServicesAgreementwithRickRobinson,Inc.,fordevelopingand deliveringavarietyofprogramsintheareasofLeadershipDevelopment,ProjectManagement,ERPsystems, LeanManufacturing,Teambuilding,QualitySystems,StrategicPlanning,Motivation,MeasurementSystems, andChangeManagement;providingfortheexpenditureoffundstherefor;andprovidinganeffectivedate(File 7100-ProfessionalServicesAgreementawardedtoRickRobinson,Inc.,inthenot-to-exceedamountof $75,000). City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the City Manager to execute a Professional Services Agreement with Rick Robinson, Inc., for developing and delivering a variety of programs in the areas of Leadership Development, Project Management, ERP systems, Lean Manufacturing, Teambuilding, Quality Systems, Strategic Planning, Motivation, Measurement Systems, and Change Management; providing for the expenditure of funds therefor; and providing an effective date (File 7100 Professional Services Agreement awarded to Rick Robinson, Inc., in the not-to-exceed amount of $75,000). INFORMATION /BACKGROUND During the past year, the City of Denton has utilized Rick Robinson to help with the following: Conduct a council retreat Conduct several department retreats, establishing departmental mission, vision, and goals Perform 360 assessments Conduct focus groups Conduct skip level meetings Facilitate executive coaching Design and facilitate custom leadership training do the following: Conduct 360° evaluations Create draft measurable leadership development objectives Set expectations, review development objectives, and collaboratively establish a development plan of action to accomplish objectives Conduct staff meetings and review output and discuss support strategies On-going executive coaching In accordance with Texas Local Government Code 252.022, the procurement of professional services is exempt from the requirement of competition based selection. RECOMMENDATION Award a contract with Rick Robinson, Inc., developing and delivering a variety of programs in the areas of Leadership Development, Project Management, ERP systems, Lean Manufacturing, Teambuilding, Quality Systems, Strategic Planning, Motivation, Measurement Systems, and Change Management, in a not-to- exceed amount of $75,000. PRINCIPAL PLACE OF BUSINESS Rick Robinson, Inc. Lewisville, TX ESTIMATED SCHEDULE OF PROJECT Projects will be on an as-needed basis and will be managed through Human Resources. FISCAL INFORMATION These professional services will be funded from various departments on an as-needed basis. EXHIBITS Exhibit 1: Agenda Information Sheet Exhibit 2: Ordinance and Contract Respectfully submitted: Lori Hewell, 940-349-7100 Purchasing Manager For information concerning this acquisition, contact, Lori Hewell 940-349-7100 Legal point of contact: Mack Reinwand at 940-349-8333. DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 5ƚĭǒƭźŭƓ /źƷǤ /ƚǒƓĭźƌ ƩğƓƭƒźƷƷğƌ /ƚǝĻƩƭŷĻĻƷ CźƌĻ bğƒĻ tǒƩĭŷğƭźƓŭ /ƚƓƷğĭƷ /źƷǤ /ƚǒƓĭźƌ ğƩŭĻƷ 5ğƷĻ tźŭŭǤ .ğĭƉ hƦƷźƚƓ /ƚƓƷƩğĭƷ 9ǣƦźƩğƷźƚƓ hƩķźƓğƓĭĻ DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES FILE 7100 STATE OF TEXAS § COUNTY OF DENTON § ________________________, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Denton County, Rick Robinson, Inc., with its corporate office at 309 Catlin Cir Lewisville, TX 75077 acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I CONSULTANT AS INDEPENDENT CONTRACTOR The OWNER has selected CONSULTANT on the basis of demonstrated competence and qualifications to perform the services herein described for a fair and reasonable price pursuant to Chapter 2254 of the Texas Government Code. The OWNER hereby contracts with the CONSULTANT as an independent contractor and not as an employee, and as such, the OWNER will not assert control over the day-to-day operations of the CONSULTANT. The CONSULTANT is customarily engaged to provide services as described herein independently and on a nonexclusive basis in the course of its business. This Agreement does not in any way constitute a joint venture between OWNER and CONSULTANT. The CONSULTANT hereby agrees to perform the services described herein based on the skills required for the scope of work in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, developing and delivering a variety programs in the areas of Leadership Development, Project Management, ERP systems, Lean Manufacturing, Teambuilding, Quality Systems, Strategic Planning, Motivation, Measurement Systems, and Change Management, as described in Exhibit A, which is on file at the purchasing office ARTICLE II SCOPE OF BASIC SERVICES The CONSULTANT shall perform the following services in a professional manner: City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 1 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 A. The CONSULTANT shall perform all those services as necessary and as described in the FILE 7100 developing and delivering a variety programs in the areas of Leadership Development, Project Management, ERP systems, Lean Manufacturing, Teambuilding, Quality Systems, Strategic Planning, Motivation, Measurement Systems, and Change Management, which is on file at the purchasing office and made a part hereof as Exhibit A as if written word for word herein. B. attached hereto and made a part hereof as Exhibit A as if written word for word herein. C. CONSULTANT shall perform all those services set forth in individual task orders, as described in Exhibit A, which shall be attached to this Agreement and made a part hereof. D. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are not included in the above-described Basic Services, may be negotiated as needed, per rates included in Exhibit A. A. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. B. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. C. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). D. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. E. Visits to the site in excess of the number of trips included in Exhibit A. F. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 2 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 ARTICLE IV TIME OF COMPLETION CONSULTANT is authorized to commence work under this contract upon execution of this AGREEMENT. CONSULTANT shall perform and complete its obligations herein in a prompt and continuous manner, so as to not delay the completion of the Project in accordance with the schedules as described in Exhibit A. The contract shall remain effective for a period which may reasonably be required for the completion of the Project, acceptance by an authorized representative of the OWNER, exhaustion of authorized funds, or termination as provided in this Agreement, whichever occurs first. ARTICLE V COMPENSATION A. COMPENSATION TERMS: 1. employment of others in outside firms for services related to this agreement. 2. - incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. 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 at an hourly rate shown in Exhibit A which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $75,000. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed the OWNER. City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 3 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 C. ADDITIONAL SERVICES: For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit A. Payments for additional services shall be due and payable upon submission by the CONSULTANT and approval by the City staff, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for undisputed statement thereof, the amounts due the CONSULTANT will be paid interest in accordance with the Texas Government Code 2251.025. Additionally, the suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges. Nothing herein shall require the OWNER to pay the late charge if the OWNER reasonably determines that the work is a bona fide dispute concerning the amount due, or the invoice was not mailed to the address or in the form as described in this Agreement. The OWNER will notify CONSULTANT of any disputes within twenty-one (21) days of receipt of the invoice. E. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. A pro-forma invoice shall be sent to the contract administrator. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. 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. ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants. ARTICLE VII OWNERSHIP OF DOCUMENTS subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and In the event the OWNER uses any of the information or materials developed pursuant to this City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 4 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEMNITY AGREEMENT THE CONSULTANT SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE OWNER AND ITS OFFICERS, OFFICIALS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES ASSERTED AGAINST OR INCURRED BY THE OWNER, AND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE CONSULTANT OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES INCIDENTAL TO, RELATED TO, AND IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. Nothing in this Agreement shall be construed to create a liability to any person who is not law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE IX INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain insurance in compliance with the requirements of Exhibit B which is attached hereto and made a part of this Agreement as if written word for word herein. ARTICLE X ALTERNATIVE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to mediation with each party bearing its own costs of mediation. No mediation arising ude the other precedent to suit. ARTICLE XI TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thi B. This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 5 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than fifteen (15) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of ter subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use. ARTICLE XII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE XIII NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified To CONSULTANT: To OWNER: Rick Robinson, Inc. City of Denton 309 Catlin Cir Purchasing Manager File 7100 Lewisville, TX 75077 901B Texas Street Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is ARTICLE XIV ENTIRE AGREEMENT City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 6 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 This Agreement and related exhibits constitute the complete and final expression of this Agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE XV SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVI COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as those laws may now read or hereinafter be amended. ARTICLE XVII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, national origin or ancestry, age, or physical handicap. ARTICLE XVIII PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE XIX ASSIGNABILITY The CONSULTANT acknowledges that this Agreement is based on the demonstrated competence and specific qualifications of the CONSULTANT and is therefore personal as to the City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 7 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 CONSULTANT. Therefore, the CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XX MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE XXI MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A FILE 7100 Leadership Training Exhibit B What is called for by one exhibit shall be as binding as if called for by all. In the event of an inconsistency or conflict in this Agreement and any of the provisions of the exhibits, the inconsistency or conflict shall be resolved by giving precedence first to this Agreement then to the exhibits in the order in which they are listed above. B. This Agreement shall be governed by, construed, and enforced in accordance with, and subject to, the laws of the State of Texas or federal law, where applicable, without regard to the conflict of law principles of any jurisdiction. In the event there shall be any dispute arising out of the terms and conditions of, or in connection with, this Agreement, the party seeking relief shall submit such dispute to the District Courts of Denton County or if federal diversity or subject matter jurisdiction exists, to the United States District Court for the Eastern District of Texas-Sherman Division. C. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be Rick Robinson. However, nothing herein shall limit CONSULTANT from using other equally qualified and competent members of its firm to perform the services required herein. D. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER. City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 8 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 E. disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. F. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. G. 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. ARTICLE XXII INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. ARTICLE XXIII RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during 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 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 this agreement, and to allow the OWNER 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 OWNER 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 business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract 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. City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 9 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 ARTICLE XXIV 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. Government Code. By signing this agreement, Supplier certifies that Supplier 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. ARTICLE XXV Prohibition On Contracts With Companies Doing Business with Iran, Sudan, or a Foreign Terrorist Organization 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 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. ARTICLE XXVI 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 City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 10 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 line. (EX: Contract 1234 Form 1295) The OWNER 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 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this date______________________. CITY OF DENTON, TEXAS Rick Robinson, Inc., A TEXAS CORPORATION _________________________________ __________________________________ Rick Robinson TODD HILEMAN, CITY MANAGER ITS: ATTEST: __________________________________ ROSA RIOS, CITY SECRETARY TEXAS ETHICS COMMISSION BY: _______________________________ CERTIFICATE NUMBER APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: _______________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 11 of 11 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 EXHIBIT A Rick Robinson, Inc. DBA Ramsee Consulting Group Organizations of all types rely on us to reduce the uncertainty and stress of intentional growth. We help you articulate your vision and goals, develop realistic plans to achieve your vision, and ensure your leadership team has the skills and tools to engage and inspire your employees and customers. Rick Robinson As Managing Director of Ramsee Consulting Group, Rick has focused developing and delivering a variety programs in the areas of Leadership Development, Project Management, ERP systems, Lean Manufacturing, Teambuilding, Quality Systems, Strategic Planning, Motivation, Measurement Systems, and Change Management. In the last ten years Rick has facilitated many strategic and project planning sessions for a variety of clients, including Wingstop Restaurants, the Town of Addison, DeKalb Office, Malphurs Interactive, the City of Richardson, the City of Georgetown, the City of Denton, and the North Dallas Chamber of Commerce. His inclusive and highly interactive style has earned him high praise from his clients and conference attendees. Rick earned degrees in Accounting and Finance from Texas A&M University in 1985. After college, he taught Economics and Accounting in the Fiji Islands as a Peace Corps volunteer. His client list includes also includes GM, Chrysler, Nortel, Picker, Del Monte Foods, Steelcase, Texas Health Systems, Dallas HR, and Lloyds of London. DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 List of Services Ramsee has achieve excellent results with the following additional design, development, and facilitation services. Each of these services are customized to the needs of each client city. Our services include: City Council Retreats Council Strategy and Values implementation consulting and support Custom training session development and facilitation Citizen Bond Advisory Committee processes Departmental Retreats Departmental and Senior Staff Leadership Retreats Leadership Development and/or Certification programs As-needed retainer support for leadership and strategy implementation Executive Coaching Leadership Coaching Core Values Development Project Management training and support Other as needed/on demand Pricing Structure A list of typical activities and associated pricing. Discounts can be offered on a project by project basis based on size and/or length of project: Consulting, Training, Facilitation, and Coaching - $300/hr Instructional Design - $180/hr Materials Development - $125/hr Council/Departmental Retreat Design - $200/hr Council/Departmental Retreat Pre-work - $150/hr Retainer Services - $300/hr Tool Design and Development - $150/hr Use of Existing Training Materials - $500/per topic DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 Testimonials numerous times with several initiatives over the past few years and have found them to be impactful both in terms of facilitating a live meeting as well as setting a rigorous and productive pace via group conference calls. They are always prepared but more than that they come with a strong business acumen developed over decades of real practice. They know when to pipe in with a provocative vantage point or fun yet relevant facts that help to forward the conversation, and they know when to hold back and allow the conversation to organically continue. In the end the sessions we have used them for have resulted in a far more productive end with actionable realistic next steps. They are worth their weight in gold plus they happen to have a high degree of integrity and ağǣźƓĻ ağƓƓ tƩĻƭźķĻƓƷ ĻƉƓźƚƓ { developed a Leadership Development program for us that has armed our leaders with the skills to better coach, mentor and develop our teammates. The program has provided /ŷƩźƭƭǤ IƚŅŅ źĭĻ tƩĻƭźķĻƓƷ ƚŅ IǒƒğƓ wĻƭƚǒƩĭĻƭͲ 5ĻYğƌĬ hŅŅźĭĻ Rick is in the third year as our strategic advisor and, as a result, our initiatives and goals are actually happening! Many hours and much energy have been devoted over the years. However, bringing those goals to an action plan and actually achieving them has been difficult until Rick joined our team. Rick has kept us focused, supported our brainstorming to bring clarity to ideas, and provided simple tools that support action plans and results. Our strategic planning is no longer a cloud in the sky we cannot get hold of but is an action plan that is producing results. He has been a great partner to our organization. 5źğƓĻ aĭ/ƌĻƓķƚƓ 9ǣĻĭǒƷźǝĻ 5źƩĻĭƷƚƩ 5ğƌƌğƭ Iw ğƓķ ŷĻ Iw{ƚǒƷŷǞĻƭƷ /ƚƓŅĻƩĻƓĭĻ DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 Ramsee Consulting Group are professionals who partner with their clients in the development of an integrated strategic plan that builds clarity and consensus for future success of any organization. They use a team-based approach to strategic plan development that includes the involvement of key stakeholders in a way that optimizes the chances for successful plan implementation. With Ramsee Consulting ĭƚƒƦƩĻŷĻƓƭźǝĻͲ ƩĻğƌźƷǤΏĬğƭĻķͲ ğĭĭƚǒƓƷğĬƌĻͲ ğĭƷźƚƓΏƚƩźĻƓƷĻķ strategic plans. great things about their expertise; I highly recommend the Ramsee Consulting Group! 5Ʃ͵ {ğƓķƩğ wĻźķ /ŷğźƩͲ DƩğķǒğƷĻ {ĭŷƚƚƌ ƚŅ .ǒƭźƓĻƭƭ 5ğƌƌğƭ .ğƦƷźƭƷ ƓźǝĻƩƭźƷǤ "I cannot recommend Rick Robinson highly enough. Not only did he assist me in day-to-day business operations but also overall long term strategy for growth. Always organized and completely focused, Rick made me feel comfortable in all aspects of my business growth, while never being afraid to challenge preconceptions. By carefully learning my business and its needs, he has been able to steer my business into new thought processes, markets, and growth that would not have been possible without him. Thanks, Rick!" aźĭŷğĻƌ ağƌƦŷǒƩƭ hǞƓĻƩ ƚŅ ağƌƦŷǒƩƭ LƓƷĻƩğĭƷźǝĻ Rick Robinson, the leader of Ramsee Consulting Group is a game changer. I have watched him lead our strategy teams over the past 3 years and can say that we are truly seeing results. Rick is a great facilitator, and has the ability to listen, learn, and lead others to action. I would recommend Rick Robinson to any organization looking for ways to strategically move their organization to the next level through long term planning. .ƩǒĭĻ ğƌƌĻƩͲ 5ğƌƌğƭIw .ƚğƩķ ƚŅ ƩǒƭƷĻĻƭ /ŷğźƩƒğƓ Working with Ramsee Consulting Group has been a joy. Rick Robinson, the managing director, has designed and facilitated several working sessions for me, and the quality and productivity of those sessions has been amazing. The key skills he brings to the table are his ability to: guide a diverse group of egos and individuals through a process effectively and efficiently listen to the differing viewpoints, find the common ground, synthesize our thinking, and craft clear and compelling messaging that everyone can support develop effective tools and processes that achieve our desired results I cannot recommend Rick and Ramsee Consulting highly enough bğƒĻ ğƓķ źƷƌĻ ǞźƷŷŷĻƌķ ķǒĻ Ʒƚ ĭƚƩƦƚƩğƷĻ ƦƚƌźĭǤ DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 Exhibit B CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder 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. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid 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, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. 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- VII or better. Any deductibles or self-insured retentions shall be declared in the bid 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: City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 1 of 7 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 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 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. City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 2 of 7 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 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. \[X\] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $500,000.00 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. \[ \] Contractor shall purchase and maintain Worker's 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 Worker's Compensation Commission (TWCC). City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 3 of 7 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 \[ \] 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 combined bodily injury and property damage per occurrence with a aggregate. \[ x\] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000 per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. \[ \] 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. \[ \] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. \[ \] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 4 of 7 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 ATTACHMENT 1 \[ \] 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 City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 5 of 7 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 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) 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 City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 6 of 7 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 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. 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. City of Denton, Texas Contract 7100 Standard Agreement for Professional Services Revised Date: 9/11/18 Page 7 of 7 DocuSign Envelope ID: AE9B4F8C-D7C4-45EB-AEC3-6CB723BC8222 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: AE9B4F8CD7C445EBAEC36CB723BC8222Status: Sent Subject: Please DocuSign: City Council Contract 7100 Leadership Development Source Envelope: Document Pages: 24Signatures: 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 7/2/2019 5:00:01 PM lori.hewell@cityofdenton.com Signer EventsSignatureTimestamp Lori HewellSent: 7/2/2019 5:00:46 PM Completed lori.hewell@cityofdenton.comViewed: 7/2/2019 5:00:55 PM Purchasing ManagerSigned: 7/2/2019 5:01:35 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: 7/2/2019 5:01:38 PM lori.hewell@cityofdenton.comViewed: 7/2/2019 5:02:09 PM Purchasing ManagerSigned: 7/2/2019 5:02:12 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: 7/2/2019 5:02:15 PM mack.reinwand@cityofdenton.comViewed: 7/2/2019 5:05:32 PM City of DentonSigned: 7/2/2019 5:12:36 PM 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 Rick RobinsonSent: 7/2/2019 5:12:38 PM richard.robinson@ram-c.comViewed: 7/2/2019 5:16:45 PM Managing DirectorSigned: 7/2/2019 5:33:24 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 47.187.140.189 Electronic Record and Signature Disclosure: Accepted: 7/2/2019 5:16:45 PM ID: b9764c48-7d59-4a4a-b54a-a49bf8f7471f Signer EventsSignatureTimestamp Cassandra OgdenSent: 7/2/2019 5:33:26 PM Cassandra.Ogden@cityofdenton.comViewed: 7/2/2019 5:41:49 PM Director of Procurement and ComplianceSigned: 7/2/2019 5:42:07 PM City of Denton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 107.77.198.111 (None) Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne DefeeSent: 7/2/2019 5:42:10 PM cheyenne.defee@cityofdenton.com Paralegal 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 Cheyenne DefeeSent: 7/2/2019 5:01:37 PM cheyenne.defee@cityofdenton.com Paralegal City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri ThurmanSent: 7/2/2019 5:01:38 PM sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy EventsStatusTimestamp 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/Encrypted7/2/2019 5:42:10 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 19-1726,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,TexasgrantingtheNorthTexasStateFairassociation athreeyearexceptionpursuanttosection17-20oftheCityofDentoncodeofordinances,withrespectto soundlevelsandhoursofoperationfortheNorthTexasFairandRodeo,whichwillbeheldAugust15-25, 2019,August20-30,2020,andAugust21-29,2021,at221N.CarrollBoulevard;grantingavarianceinthe hoursofoperationforsaiddatesonMondaythroughThursdayfrom10:00p.m.tomidnight,Fridayand Saturdayfrom10:00p.m.to1:00a.m.,andSundayfrom11:00a.m.to11:00p.m.,withsoundnottoexceed70 decibels; and providing an effective date. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney St. Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Parks and Recreation DCM: Sara Hensley, Assistant City Manager DATE: July 23, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, Texas, granting the North Texas State Fair association a three year exception pursuant to section 17-20 of the City of Denton code of ordinances, with respect to sound levels and hours of operation for the North Texas Fair and Rodeo, which will be held August 15-25, 2019, August 20-30, 2020, and August 21-29, 2021, at 221 N. Carroll Boulevard; granting a variance in the hours of operation for said dates on Monday through Thursday from 10:00 p.m. to midnight, Friday and Saturday from 10:00 p.m. to 1:00 a.m., and Sunday from 11:00 a.m. to 11:00 p.m., with sound not to exceed 70 decibels; and providing an effective date. BACKGROUND The North Texas State Fair Association, requests an exception to the noise ordinance in sound levels and a variance in hours of operation for amplified sound levels on August 1525, 2019, August 2030, 2020, and August 21-29, 2021, Monday through Thursday from 10:00 p.m. to midnight; Friday and Saturday from 10:00 p.m. to 1:00 a.m.; and Sunday from 11:00 a.m. to 11:00 p.m. at 2217 N. Carroll Blvd. RECOMMENDATION Staff recommends approval. PRIOR ACTION/REVIEW On August 2, 2016, City Council approved an exception to the noise ordinance for the North Texas Fair and Rodeo under Ordinance 2016-220. EXHIBITS Exhibit 1 Agenda Information Sheet Exhibit 2 Ordinance Respectfully submitted: Gary Packan Director, Parks and Recreation Prepared by: Jennifer Eusse Special Event Supervisor City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1728,Version:1 AGENDA CAPTION ConsideradoptionofanordinanceoftheCityofDenton,aTexashome-rulemunicipalcorporation,authorizing theapprovaloftheFirstAmendmenttoaContractwithPattillo,Brown&Hill,L.L.P.,amendingContract Number6118approvedbyCityCouncilonAugust2,2016,forauditingservicesprovidingfortheexpenditure of $96,000., extending the term of the agreement until September 31, 2020 and providing an effective date. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Internal Audit CITY AUDITOR: Umesh Dalal DATE: July 23, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton, a Texas home-rule municipal corporation, authorizing the approval of a First Amendment to a professional services agreement between the City of Denton and Pattillo, Brown & Hill, L.L.P. (Contract 6118), for Professional External Auditing Services This ordinance amends the original contract approved by City Council on August 2, 2016, in the not-to-exceed amount of $477,350 which included an initial three-year contract ($282,450) and two one-year renewal options; This First Amendment provides for the renewal of a one-year option in the amount of $96,000 for a revised total not to exceed contract amount of $378,450. BACKGROUND Each year, the City of Denton hires an independent accounting firm to conduct an audit of the At a meeting on November 17, 2015, the Audit/Finance Committee discussed the selection of a firm to provide external audit services. The decision was made at this meeting to go out for competitive proposals upon completion of the final year of the contract with the audit firm of Weaver and Tidwell, L.L.P. At the completion of the competitive bid evaluations, Pattillo, Brown & Hill was ranked the highest and determined to be the best value for the City. The original contract term was for three years and will be completed in Fiscal Year 2019. This First Amendment will extend the Contract through September 31, 2020. FISCAL INFORMATION This service will be funded from General Fund account 105001.7852 Finance Audit Services. RECOMMENDATION Staff recommends approval of the one-year contract extension First Amendment to Contract 6118 for external audit services with Pattillo, Brown & Hill, L.L.P. in the amount of $96,000. EXHIBITS 1. Agenda Information Sheet 2. First Amendment to Contract 3. Ordinance Respectfully submitted: Umesh Dalal 940-349-8158 City Auditor THE STATE OF TEXAS § § COUNTY OF DENTON § FIRST AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND PATTILLO, BROWN & HILL, L.L.P. 6118 THIS FIRST AMENDMENT TO CONTRACT 6118 (this between Pattillo, Brown & Hill, L.L.P. Contractor to that certain contract executed on August 2, 2016, in the original not-to- exceed amount of $477,350 auditing services. This amount included two contract extensions. WHEREAS, the City deems it necessary to exercise its option to extend the terms of the Agreement, and to provide an additional amount $96,000 with this First Amendment for an aggregate not-to-exceed of $378,450. WHEREAS, 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 First Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. This Amendment modifies the Agreement amount to provide an additional $96,000 for additional services and materials to be provided in accordance with the terms of the Agreement with a revised aggregate not-to-exceed total of $378,400. The term of the Agreement is extended until September 31, 2020. 2. In addition to the confidentiality provisions in Section 37 of the Agreement, upon request by the City, Consultant and each of its employees, contractors, and agents that receive access to Confidential Information, as defined in the Agreement, shall execute a non-disclosure agreement or certification. 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, by and through their respective duly authorized representatives and officers on this date_______________________________________. 1 Pattillo, Brown & Hill, L.L.P. CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _____________________________ AUTHORIZED SIGNATURE, TITLE By: _____________________________ TODD HILEMAN CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY By: __________________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY By: ___________________________________ THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT 2 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE APPROVAL OF A FIRST AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND PATTILLO, BROWN & HILL, L.L.P. FOR AUDITING SERVICES AMENDING THE CONTRACT APPROVED BY COUNCIL ON AUGUST 2, 2016 (ORDINANCE 2016-218) IN THE AMOUNT OF $477,350.; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROVIDING FOR AN ADDITIONAL $96,000, WITH THE TOTAL CONTRACT AMOUNT NOT-TO-EXCEED $378,450.). WHEREAS, on August 2, 2016 (Ordinance 2016-218), the City Council awarded a contract to Pattillo, Brown & Hill, L.L.P. in the amount of $477,350 for auditing services and, WHEREAS, the Staff having recommended, and the City Manager having recommended to the Council that an amendment be authorized to amend such contract agreement services, increase in the payment amount, and said fees under the proposed contract are fair and reasonable and are consistent with and not higher than the recomm profession and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The First Amendment, increasing the amount of the contract between the City and Pattillo, Brown & Hill L.L.P. which is on file in the office of the Purchasing Agent, in the amount of Ninety-Six Thousand and 0/100 ($96,000) Dollars, is hereby approved and the expenditure of funds therefor is hereby authorized in accordance with said amendment. The total contract amount increases to $378,450. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. 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: _________________________________ City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:DCC19-0001,Version:1 AGENDA CAPTION ConsideradoptionofaresolutionoftheCityofDenton,Texas,approvingaCertificateofDesignConsistency foramuralentitled“Customer’sRequest”locatedat119ElmStreet,whichiswithinTheDentonSquare OverlayZoningDistrict,inthecityofDenton,DentonCounty,Texas;andestablishinganeffectivedate. (DCC19-0001, Mural Project, Sean Jacobson) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 2019 SUBJECT Consider adoption of a resolution of the City of Denton, Texas, approving a Certificate of Design Denton Square Overlay Zoning District, in the city of Denton, Denton County, Texas; and establishing an effective date. (DCC19-0001, Sean Jacobson) BACKGROUND The Certificate of Design Consistency is requested by Warren Lunt, on behalf of Anna and Billy Ennis, for the rear facade of the building at 119 Elm Street. The building is developed with the Palm Tree Boutique retail use in the front and a private office in the rear. The rear façade fronts on Cedar Street. The proposed mural would be painted on the existing stucco wall. A conceptual image of the proposed mural, superimposed on the proposed building façade, can be seen in Exhibit 5. The building at 119 Elm Street is within the recently established Denton Square District. The Denton Square District Standards requires all new murals within the district to be reviewed for approval or denial by City Council. This mural is not proposed for a façade that faces the Square Proper and is not proposed to be painted on existing unpainted brick. The rear half of the building at 119 Elm Street is not a part of a contributing property to the National Register District (see Exhibit 8). The proposed mural would be the third mural painted on a façade facing Cedar Street. The mural is proposed to be painted on a blank wall featuring only equipment inputs and a door, would add visual interest to an area currently featuring primarily the rear facades of buildings and solid waste dumpsters, and does not appear in its design to pose any threat to public health, safety, or welfare. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of the request as it complies with the design standards for murals in the Denton Square District in Section 35.25.4.10.7 of the Denton Development Code (DDC). PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the June 4, 2019 meeting of City Council, the subject property was incorporated into the Denton Square District zoning overlay. 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. Site Location/Aerial Map 4. Mural Concept Image 5. Surrounding Properties Image 6. Façade Details 7. Contributing Buildings Map 8. Resolution Respectfully submitted: Richard Cannone Deputy Director/Planning Director Prepared by: Sean Jacobson Assistant Planner 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: July 23, 2019 SUBJECT Consider adoption of a resolution of the City of Denton, Texas, approving a Certificate of Design Denton Square Overlay Zoning District, in the city of Denton, Denton County, Texas; and establishing an effective date. (DCC19-0001, Sean Jacobson) BACKGROUND The Certificate of Design Consistency is requested by Warren Lunt, on behalf of Anna and Billy Ennis, for the rear facade of the building at 119 Elm Street. The building is developed with the Palm Tree Boutique retail use in the front and a private office in the rear. The rear façade fronts on Cedar Street. The proposed mural would be painted on the existing stucco wall. A conceptual image of the proposed mural, superimposed on the proposed building façade, can be seen in Exhibit 5. The building at 119 Elm Street is within the recently established Denton Square District. The Denton Square District Standards requires all new murals within the district to be reviewed for approval or denial by City Council. This mural is not proposed for a façade that faces the Square Proper and is not proposed to be painted on existing unpainted brick. The rear half of the building at 119 Elm Street is not a part of a contributing property to the National Register District (see Exhibit 8). The proposed mural would be the third mural painted on a façade facing Cedar Street. The mural is proposed to be painted on a blank wall featuring only equipment inputs and a door, would add visual interest to an area currently featuring primarily the rear facades of buildings and solid waste dumpsters, and does not appear in its design to pose any threat to public health, safety, or welfare. OPTIONS 1. Approve as submitted. 2. Approve subject to conditions. 3. Deny. 4. Postpone consideration. 5. Table item. RECOMMENDATION Staff recommends approval of the request as it complies with the design standards for murals in the Denton Square District in Section 35.25.4.10.7 of the Denton Development Code (DDC). PRIOR ACTION/REVIEW (Council, Boards, Commissions) At the June 4, 2019 meeting of City Council, the subject property was incorporated into the Denton Square District zoning overlay. 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. Site Location/Aerial Map 4. Mural Concept Image 5. Surrounding Properties Image 6. Façade Details 7. Contributing Buildings Map 8. Resolution Respectfully submitted: Richard Cannone Deputy Director/Planning Director Prepared by: Sean Jacobson Assistant Planner DCC19-0001 Site Location PECAN WALNUT 050100200 Feet SubjectProperty µ Parcels Roads Date: 7/18/2019 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 of Denton Development Services “One-Stop-Shop” One Place Serving Denton’s Development Needs 215 W Hickory St., Denton, TX 76201 (940) 349-8541 Certificate of Design Consistency Checklist Identification of Contributing Building Status Please identify your property on the map below and check the appropriate box based on whether or not your property is a ÑContributing PropertyÒ (dark gray) to the Denton County Courthouse Square National Register District: Yes, my property is a Contributing Property No, my property is not a Contributing Property Page 3 of 9 Updated: 7/2019 {ʹ\[ĻŭğƌhǒƩ 5ƚĭǒƒĻƓƷƭwĻƭƚƌǒƷźƚƓƭЊВ5//ЊВΏЉЉЉЊ͵ķƚĭǣ RESOLUTION NO. _____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS APPROVING A CERTIFICATE FOR DESIGN CONSISTENCY FOR MURAL ENTITLED 119 ELM STREET, WHICH IS WITHIN THE DENTON SQUARE OVERLAY ZONING DISTRICT IN THE CITY OF DENTON, DENTON COUNTY, TEXAS (DCC19-0001). WHEREAS, on June 4, 2019, the City Council of Denton passed Ordinance No. DCA18- 0007e amending the 2002 Denton Development Code to create an overlay zoning district entitled, the Denton Square District; and WHEREAS, the 2002 Denton Development Code stipulates that an applicant seeking a mural must apply for a Certificate for Design Consistency, which requires review and approval by City Council; and WHEREAS, Anna and Billy Ennis, the owners of the property located at 119 Elm Street, have applied for a Certificate of Design Consistency for a mural; and WHEREAS, the mural as proposed, meets the standards established in Section 35.25.4.10.7; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS: SECTION 1: That the above findings are hereby found to the true and correct and are incorporated herein in their entirety. SECTION 2: That Elm Street, Denton, Texas and zoned Denton Square District, as proposed and depicted in is hereby approved. SECTION 3: This resolution shall become effective immediately upon passage and approval. AND IT IS SO RESOLVED. The motion to approve this resolution was made by ____________________________ and seconded by _____________________________, the resolution was passed and approved by the following vote \[__-__\]: {ʹ\[ĻŭğƌhǒƩ 5ƚĭǒƒĻƓƷƭwĻƭƚƌǒƷźƚƓƭЊВ5//ЊВΏЉЉЉЊ͵ķƚĭǣ Aye Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the _____ day of __________________, 2019. ______________________________ CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: _____________________________ APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerry E. Drake, Jr. {ʹ\[ĻŭğƌhǒƩ 5ƚĭǒƒĻƓƷƭwĻƭƚƌǒƷźƚƓƭЊВ5//ЊВΏЉЉЉЊ͵ķƚĭǣ Exhibit A: City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1695,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of fee simple title to the surface estate, including a waiver of surface use to the mineral estate, of an approximately 1.22 acre property tract (“Property Interests”), situated in the Hiram Sisco survey, Abstract Number 1184, in the City and County of Denton, Texas, also known as 612 East McKinney Street; and more particularly described in the attached Exhibit “A;” authorizing the City Manager and the City Attorney, or their respective designees, to acquire the Property Interests by agreement including making initial and final offers; authorizing the use of the power of eminent domain to condemn the Property Interests if an agreement cannot be reached; and authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; makings findings; providing a savings clause; and providing an effective date. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com _____________________________________________________________________________________ AGENDA INFORMATION SHEET DEPARTMENT: Capital Projects CM/ACM: Mario Canizares DATE: July 23, 2019 SUBJECT Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of fee simple title to the surface estate, including a waiver of surface use to the mineral Sisco survey, Abstract Number 1184, in the City and County of Denton, Texas, also known as 612 East McKinney Street; and more p Manager and the City Attorney, or their respective designees, to acquire the Property Interest by agreement including making initial and final offers; authorizing use of the Power of Eminent Domain to condemn the property interests if an agreement cannot be reached; and authorizing the City Attorney, or his designee to file Eminent Domain Proceedings if necessary; authorizing the expenditure of funding; makings findings; providing a savings clause; and providing an effective date. BACKGROUND In response to findings from the recent architectural study focused on evaluating space needs for the Police Department and Public Safety Dispatch, in February, the City Council was presented with an architectural plan to renovate, secure, and expand the existing Police Department central operations facility located at 601 East Hickory Street. In preparation for the proposed operational improvements, staff was directed to pursue acquisition of the property at 612 East McKinney Street, immediately adjacent to the facility. Acquisition of the subject property will allow for increased security, vehicular circulation, improved access to the jail for visitors and prisoners, additional parking, and provide a staging area during construction. In February, staff made an offer of $1,380,000.00 based on a 2018 independent appraisal of the subject sales price of $1,975,000.00 plus a carve-out of a portion of the property encumbered with a cell tower lease. The counter was not supported by an appraisal or documented comparable sales. In accordance with direction received from the City Council in June, staff has rejected the counter offer and will proceed with ordering a Phase II environmental assessment of the property, updating the appraisal accordingly, and re-initiating negotiations based on the updated appraisal. In the event that negotiation efforts are unsuccessful and an impasse is reached with the landowner, this ordinance will authorize staff compensated in accordance with state law. In addition to providing a minimum 90-day period for occupants to vacate the acquired property, relocation assistance guidelines require that the City reimburse displaced occupants for eligible moving expenses and for business re-establishment expenses. Relocating the business will likely take several months, but may begin as early as with the initial offer period. If a council member determines that he or she has a conflict of interest pursuant to the Ethics Ordinance, he red prior to the consideration 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: February 4, 2019 City Council (Closed Session: March 26, 2019) City Council (Closed Session: June 18, 2019) FISCAL INFORMATION The JD Edwards account number for the acquisition is 100264409.1365.30100 EXHIBITS 1. Agenda Information Sheet 2. Ordinance 3. Eminent Domain Motion 4. SOS Business Entity Information Respectfully submitted: Deanna Cody, Deputy Director Capital Projects-Real Estate RECOMMENDED MOTION City Council Agenda Item ID 19-1695 Police Department Expansion Project , after having made the offers required by state law, use of the power of eminent domain, if needed, to acquire the fee simple parcel of land, generally located in the Hiram Sisco Survey, Abstract Number 1184, City and County of Denton, Texas and also known as 612 East McKinney Street, Denton County, Texas, and being more particularly described i the ordinance now under consideration and on the screens overhead, now being displayed for the audience, which is for a valid public use, necessary to provide for the expansion, improvement, and security of Police and Public Safety Dispatch operations, including creation, expansion, and improvement of controlled access and a secured, monitored area for public safety and welfare, as well as to provide public parking, pedestrian and automotive circulation, and jail connectivity, to serve the public and citizens of the City of Denton, Texas. City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ID 19-1696,Version:1 AGENDA CAPTION Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of a fee simple title to the surface estate, including a waiver of surface use related to the mineral estate, of an approximate 2.202 acre of real property for road right of way, generally located along the south side of Hickory Creek Road East and along Barrel Strap Road (FM 2499), the limits of which being bounded to the west by Nautical Lane, to the east by Barrel Strap Road (FM 2499), and being situated in the Berry Merchant Survey, Abstract No. 800, all in the City of Denton, County of Denton, Texas, and being more particularly described in the attached Exhibit “A” (the “Property Interest”); authorizing the City Manager and City Attorney, or their respective designees, to acquire the Property Interest by agreement, if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the Property Interest if an agreement cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing and effective date. City of DentonPage 1 of 1Printed on 7/19/2019 powered by Legistar© City of Denton City Hall 215 E. McKinney Street Denton, Texas www.cityofdenton.com ______________________________________________________________________________ AGENDA INFORMATION SHEET AGENDA DATE: July 23, 2019 DEPARTMENT: Capital Projects ACM: Mario Canizares ______________________________________________________________________________ SUBJECT Consider adoption of an ordinance of the City of Denton determining the public use, need, and necessity for the acquisition of a fee simple title to the surface estate, including a waiver of surface use related to the mineral estate, of an approximate 2.202 acre of real property for road right of way, generally located along the south side of Hickory Creek Road East and along Barrel Strap Road (FM2499), the limits of which being bounded to the west by Nautical Lane, to the east by Barrel Strap Road (FM 2499) and being situated in the Berry Merchant Survey, Abstract no. 800, all in the City of Denton, County of Denton, Texas, and being more particularly er and City Attorney, or their respective designees, to acquire the Property Interest by agreement, if possible, including making all offers required by law; authorizing the use of the power of eminent domain to condemn the Property Interest if an agreement cannot be reached; authorizing the City Attorney, or his designee, to file eminent domain proceedings if necessary; authorizing the expenditure of funding; making findings; providing a savings clause; and providing and effective date. BACKGROUND The Hickory Creek Road East project includes the widening from 2 lanes to 4 lanes of Hickory Creek Road East from Nautical Lane East to Barrel Strap Rd. and the addition on a right turn lane on East Bound Hickory Creek Road, and an acceleration lane on South Bound Barrel Strap Road to accommodate increased traffic in the area. Initial offer and final offer will be made in compliance with Texas Property Code 21.0111. Approval of the subject ordinance authorizes staff to acquire the land rights necessary by negotiations or by way of exercising if an agreement cannot be reached. OPTIONS 1. Approve the proposed Ordinance. 2. Decline to approve the proposed Ordinance. 3. Table for future consideration. RECOMMENDATION Recommend approval of the Ordinance. PRIOR ACTION/REVIEW (Council, Boards, Commissions) None. FISCAL INFORMATION The Hickory Creek Road East project is funded by the Streets Bond Fund, the J. D. Edwards account number is 250044444. Hickory Creek Road East project is slated to bid by September of 2019. EXHIBITS 1. Agenda Information Sheet 2. Location Map & Site Map 3. Recommended Motion 4. Ordinance Respectfully submitted, Jim Jenks Project Manager Prepared by, Ed Cropp Senior Real Estate Analyst MOTION City Council Agenda Item ID 19-__________ (Hickory Creek Road East Project) , after having made the offers required by state law, use of the power of eminent domain, if needed, to acquire a fee simple title to the surface estate, with waiver of surface use related to the mineral estate, of an approximate 2.02 acre of real property for road right of way generally located along the south side of Hickory Creek Road East and along the west side of Barrel Strap Road (F.M. 2499), and being situated in the Berry Merchant Survey, Abstract No. 800, all in the City of Denton, County of Denton, Texas, and being more particularly described i the ordinance now under consideration and on the screens overhead, now being displayed for the audience, all of which are for a valid public use, necessary to provide for the street widening and improvements of Hickory Creek Road East, a project to serve the public and citizens of the City of Denton. 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City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0030a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromRegionalCenterCommercialNeighborhood(RCC-N)andRegionalCenter CommercialDowntown(RCC-D)totheGeneralOffice(GO)zoningdistrictanduseclassificationdefined underthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q),onapproximately228.08acresofland, generallylocatedwestofI-35andsouthofBartholdRoad,intheCityofDenton,DentonCounty,Texas; amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverability;andestablishinganeffectivedate.THISITEMHASBEEN POSTPONED INDEFINITELY. (ZCI19-0030a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 228.08 acres of land, generally located west of I-35 and south of Barthold Road, in the City of Denton, Denton Cou maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. THIS ITEM HAS BEEN POSTPONED INDEFINITELY. (ZCI19-0030a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 an. Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants municipal zoning au 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended to postpone this item indefinitely (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Responses 11. Draft Ordinance 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 #:ZCI19-0044a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromRegionalCenterResidential1(RCR-1)andRegionalCenterResidential2 (RCR-2)totheMixed-UseRegional(MR)zoningdistrictanduseclassificationdefinedunderthe2019Denton DevelopmentCode(OrdinanceDCA18-0009q),onapproximately207.32acresofland,generallylocatedwest ofMayhillRoadbetweenSpencerRoadandtherailroadtracks,intheCityofDenton,DentonCounty,Texas; amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverability;andestablishinganeffectivedate.THISITEMHASBEEN POSTPONED INDEFINITELY. (ZCI19-0044a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 207.32 acres of land, generally located west of Mayhill Road between Spencer Road and the railroad tracks, in the City of Denton, amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. THIS ITEM HAS BEEN POSTPONED INDEFINITELY. (ZCI19-0044a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 the public health, safety, morals, or general welfare and protecting and preserving places and areas of historical, cultural, or architectural importance and signific 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended to postpone this item indefinitely (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Responses 11. Draft Ordinance 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 #:ZCI19-0024b,Version:1 AGENDA CAPTION HoldapublicandreconsidertheJune11,2019approvalofanordinanceoftheCityofDenton,Texas,changing thezoningdistrictanduseclassificationfromDowntownCommercialGeneral(DC-G)totheHighway Corridor(HC)zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode (OrdinanceDCA18-0009q),onapproximately3.57acresofland,generallylocatedonthenorthwestcornerofI -35EandFortWorthDriveintheCityofDenton,DentonCounty,Texas;adoptinganamendmenttotheCity’s officialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof; providingforseverability;andestablishinganeffectivedate.ThePlanningandZoningCommission recommends approval (6-0). (ZCI19-0024b, City Initiated Zoning Change - Area 24, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 2019 SUBJECT Hold a public and reconsider the June 11, 2019 approval of 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 3.57 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 n the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (6-0). (ZCI19-0024b, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of 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. This item is being reconsidered because during the June 11, 2019 meeting the motion to approve this item did not include the updated acreage. City Council made a motion and voted 7-0 to approve an ordinance to change the zoning district and use classification on approximately 8.32 of land. The acreage should have been 3.57 acres. The reason for the reduction is because the property owner of one of the parcels did not want to be included in the consideration and wanted more time to review their options. The current item is to consider a Zoning Change on approximately 3.57 of land. 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 29, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (6-0). June 11, 2019 City Council Public Hearing, Council approved an ordinance changing the zoning district and use classification on approximately 8.32 acres of land (7-0). June 18, 2019 City Council approved to reconsider the June 11, 2019 approval of an ordinance of the City of Denton, Texas, regarding a change in the zoning district and use classification on approximately 8.32 acres of land (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0024 City Initiated Zoning Changes (Area 24) City Council District 3 REQUEST: To change the zoning district and use classification for approximately 3.57 acres of land, generally located on the northwest corner of I-35E and Fort Worth Drive in the City of Denton, Denton County, Texas. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE DTX PROSPER 24 27205 700 FORT WORTH DR Studio 6 Denton UNT Motel HOSPITALITY LLC Valero Automotive Fuel Sales, ZB EAGLE PARTNERS 24 27180 714-736 FORT WORTH DR General Retail and General LTD P/S Personal Service Whataburger Restaurant, with 24 27196 WHATABURGER INC 712 FORT WORTH DR Drive-Through SIZE: 3.57 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, and Motel 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 and General Personal Service 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: EXISTING USE YEAR BUILDING BUILT AREA 24 Studio 6 Denton UNT Motel 1974 Valero Automotive Fuel Sales 24 1980 and General Retail Whataburger Restaurant, with 24 1977 Drive-Through SITE DATA: The subject area is developed with a mix of uses. The area does not contain any FEMA or ESA designations. The Automotive Fuel Sales and General Retail use has primary frontage along I-35E to the south. The two other uses (Whataburber and Studio 6 Denton - UNT) are accessed from Fort Worth Drive. The area is bordered by Lindsey Street to the north, a church to the west and Fort Worth Drive to the east. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Mixed-Use Zoning: Mixed-Use Zoning: Mixed-Use Neighborhood (MN) Neighborhood (MN) Neighborhood (MN) Use: Religious Assembly Uses: Major Automotive Use: Restaurant and Repair Shop and Multifamily Multifamily Dwelling Dwelling West: East: Zoning: Mixed-Use Zoning: Mixed-Use Neighborhood (MN) Neighborhood (MN) SUBJECT PROPERTY Use: Religious Assembly Use: Bank or Financial Institution and Printing, Copying, and Publishing Establishment Southwest: South: Southeast: Zoning: Highway Corridor Zoning: Highway Corridor Zoning: Highway Corridor (HC) (HC) (HC) Use: I-35E Use: I-35E Use: I-35E 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 and General Personal Service 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, a church to the west and Fort Worth Drive to the east. 7. 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 Downtown Commercial General (DC-G) to Highway Corridor (HC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 24 087.5175350 Feet SITE µ Parcels Roads Date: 7/9/2019 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 377 £ ¤ Neighborhood / University Compatibility Area Commercial Area 24 Community Mixed Use Industrial Commerce Low Residential 087.5175350 Feet SITENeighborhood / University Compatibility Area Future Land Use µ Commercial Low Residential Parcels Industrial Commerce Community Mixed Use Roads Date: 7/9/2019 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 Proposed Zoning Map SC 377 £ ¤ HC SC HC 35E § ¨¦ 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: 7/9/2019 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 Notification Map 377 £ ¤ Area 24 0125250500 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 7/9/2019 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 amended 07182019.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 3.57 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 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. (ZCI19-0024) 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 DCA18-0009q) on approximately 3.57 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 for property commonly known as DCAD Property ID Nos. 27205, 27180, 27196, 36920, and 36914; and WHEREAS, subsequent to the Planning and Zoning Commission public hearing, the owner of property commonly known as DCAD Property ID Nos. 36920 and 36914 requested the City remove the parcels from consideration, thus Exhibits A and B have been amended to exclude said parcels from the description; 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; and WHEREAS, at the conclusion of the public hearing the motion made for approval of this Ordinance accidentally reflected the 8.32 acres indicated on the agenda posting, rather than the modification to 3.57 acres above, and that motion carried as stated; and WHEREAS, prior to execution of the Ordinance that motion was since posted for reconsideration, and the reconsideration passed; 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. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0009c,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromRegionalCenterResidential1(RCR-1)andRegionalCenterCommercial Downtown(RCC-D)totheSuburbanCorridor(SC)zoningdistrictanduseclassificationdefinedunderthe 2019DentonDevelopmentCode(OrdinanceDCA18-0009q),onapproximately25.31acresofland,generally locatedwestofSanJacintoBoulevardandnorthofI-35E,intheCityofDenton,DentonCounty,Texas; amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverability;andestablishinganeffectivedate.ThePlanningandZoning Commission recommends approval (7-0). (ZCI19-0009c, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 Commercial Downtown (RCC-D) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 25.31 acres of land, generally located west of San Jacinto Boulevard and north of I-35E, in the City of Denton, amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0009c, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of on for the area. 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. This item was postponed indefinitely due to a notification error. The item has been re-noticed, meeting all notification requirements to be considered. 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) May 29, 2019 Planning and Zoning Commission Public Hearing, postponed indefinitely. June 11, 2019 City Council Public Hearing, postponed indefinitely. June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0009 City Initiated Zoning Changes (Area 9) City Council District 1 REQUEST: To change the zoning district and use classification for approximately 25.31 acres of land, generally located west of San Jacinto Boulevard and north of I35E. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE 2220 SAN JACINTO Inwood National Bank Bank or 9 117179 2220 SAN JACINTO BLVD PARTNERS LP Financial Institution BW BOWLING Brunswick Zone Bowling 9 75207 2200 SAN JACINTO BLVD PROPERTIES LP Indoor Recreation Facility SAN JACINTO CONDOMINIUM Thomas Matheson, DPM 9 698378 2210 SAN JACINTO BLVD ASSOCIATION OF Medical Office OWNER, INC PEACH TREE GROUP Staybridge Suites Denton -- 9 732267 2204 SAN JACINTO BLVD INCORPORATED Hotel DENTON REAL 9 265966 2300 SAN JACINTO BLVD Office Depot General Retail ESTATE LLC DENTON REAL Affordable Dentures & Implants 9 265965 2318 SAN JACINTO BLVD ESTATE LLC Medical Clinic CALLOWAY'S Calloway's Nursery Outdoor 9 86870 I35E NURSERY INC Storage, Accessory DENTON REAL San Jacinto Plaza Parking Lot 9 265967 2324 SAN JACINTO BLVD ESTATE LLC as Principal Use RICHARD KLEMENT 9 109532 2322 SAN JACINTO BLVD Burlington General Retail EAST LLC Calloway's Nursery General 9 117174 SITZMARK INC 1601 DALLAS DR Retail Pep Boys Auto Parts & Service 9 86869 NEO REALTY LLC 1605 DALLAS DR Automotive Repair Shop, Minor DENTON REAL Ogle School of Hair, Skin & 9 265968 2324 SAN JACINTO BLVD ESTATE LLC NailsPersonal Service, General BANK OF AMERICA Bank of America Bank or 9 28304 1851 S I35E TX NA Financial Institution DENTON REAL 9 109530 1725 S I35E Mattress Firm General Retail ESTATE LLC SIZE: 25.31 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(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Bank or Financial Institution, Indoor Recreation Facility, Medical Office, Hotel, Medical Clinic, Accessory Outdoor Storage, Parking Lot as Principal Use, General Retail, Minor Automotive Repair Shop, and General Personal Service STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MN MR SC Use-Specific Standard Bank or Financial Institution P+ P P 5.3.5L Indoor Recreation Facility P P P Hotel P P P Medical Clinic S+ P+ P+ 5.4.4D Accessory Outdoor Storage Parking Lot as Principal Use P P General Retail, More than 15,000 Square S P P 5.3.5R Feet Minor Automotive Repair Shop S+ P+ P+ 5.3.5W General Personal Service P P P Dimensional Standards MN MR SC Minimum Lot Area 2,500 sq ft None 10,000 sq ft Minimum Front Yard Setback 10 feet None 20 feet Minimum Side Yard Setback None \[1\] None \[1\] 5 feet \[1\] Minimum Rear Yard Setback None \[1\] None \[1\] 10 feet \[1\] Maximum Building Height 65 feet \[1\] \[2\] 100 feet \[1\] \[3\] 55 feet \[1\] Maximum Building Coverage 80 percent 90 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] 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). BACKGROUND: AREA EXISTING USE YEAR BUILT Inwood National Bank Bank or 1985 9 Financial Institution Brunswick Zone Bowling 1980 9 Indoor Recreation Facility Thomas Matheson, DPM 1999 9 Medical Office Staybridge Suites Denton -- 2018 9 Hotel 1998 9 Office Depot General Retail Affordable Dentures & Implants 1985 9 Medical Clinic Calloway's Nursery Outdoor 1983 9 Storage, Accessory N/A San Jacinto Plaza Parking Lot 9 as Principal Use 1985 9 Burlington General Retail Calloway's Nursery General 1985 9 Retail 1991 9 Pep Boys Auto Parts & Service Automotive Repair Shop, Minor Ogle School of Hair, Skin & 1985 9 NailsPersonal Service, General Bank of America Bank or 1980 9 Financial Institution 1994 9 Mattress Firm General Retail SITE DATA: The subject area is developed with a mix of commercial uses. The area does not contain any FEMA or ESA designations. The area has frontage on San Jacinto Boulevard to the south, a secondary arterial, and the I-35E frontage road to the west. Access to the Piney Creek neighborhood to the north is through the subject area, through Piney Creek Boulevard. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Residential 3 (R3) Zoning: Residential 3 (R3), Zoning: Residential 7 (R7) Residential 6 (R6) and Planned Development (PD) Use: Single-family Detached Use: Multifamily Dwelling Dwelling Uses: Single-family Detached Dwelling and Undeveloped West: East: Zoning: General Office (GO) Zoning: Mixed-Use Regional (MR) SUBJECT PROPERTY Use: I-35E Use: Government Office and Restaurant Southwest: South: Southeast: Zoning: Residential 4 (R4) Zoning: Mixed-Use Regional Zoning: Mixed-Use Regional (MR) (MR) Use: I-35E Use: General Retail, More Use: General Retail and Minor than 15,000 Square Feet and Automotive Repair Shop San Jacinto Boulevard PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 67 notices were sent to property owners within 200 feet of the subject property, 136 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 commercial uses. 2. The area has frontage on San Jacinto Boulevard to the south, a secondary arterial, and the I-35E frontage road to the west. Access to the Piney Creek neighborhood to the north is through the subject area, through Piney Creek Boulevard. 3. Most of the existing uses are permitted in both the MR 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. The purpose of the SC Zoning 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. 5. Multifamily Dwelling is allowed with a SUP in the SC, but are allowed by right in the MN and MR. 6. The minimum lot area in the MR is none, while it is 10,000 square feet in the SC. 7. The maximum building height in the MR is 100 feet, while it is 55 feet in the SC. 8. The maximum building coverage in the MR is 90 percent, while it is 80 percent in the SC. 9. The proposed SC will provide a transition zoning between the Mixed-Use Regional Zoning District to the south and the Residential Districts to the north. The SC has lower intense standards than the MR Zoning District, while still allowing similar commercial uses suitable for the area. 10. Staff attended a Piney Creek neighborhood meeting on June 10, 2019. The citizens that attended the meeting were generally in approval of the proposed zoning change. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC-D) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 9 Site Location Area 9 I35E § ¨¦ 03056101,220 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 9 Future Land Use Map Industrial Commerce Business Innovation Government / Institutional Community Mixed Use Regional Mixed Use Area 9 Low Residential I35E § ¨¦ 02805601,120 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 9 Proposed Zoning Map R2 R7 PF R3 PD-R7 R6 77 £ ¤ MR 35E R4 § ¨¦ R2 288 S T MN 0145290580 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 9 Notification Map Area 9 0220440880 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\\ZCI19-0009.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 SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 25.31 ACRES OF LAND, GENERALLY LOCATED WEST OF SAN JACINTO BOULEVARD AND NORTH 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- 0009) 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 Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 25.31 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 June 26, 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 \[7-0\] of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Regional Center Residential 1 (RCR-1) and Regional Center Commercial Downtown (RCC- D) 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 1, Block A, Township 2 Second Installment Addition, as recorded in Cabinet E, Page 220, Plat Records, Denton County, Texas. And being the same property addressed at 2220 San Jacinto Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 117179. 2. Being Lot 1, Block 1, Denton South Addition, as recorded by Instrument No. 1981-27291, Plat Records, Denton County, Texas. And being the same property addressed at 2200 San Jacinto Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 75207. 3. Being Lot 1, Block A, San Jacinto Medical Park Addition, as recorded by Instrument No. 1999- 15312, Plat Records, Denton County, Texas. And being the same property addressed at 2210 San Jacinto Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 698378. 4. Being Lot 1, Block A, The Parmar Addition, as recorded by Instrument No. 2018-250, Plat Records, Denton County, Texas. And being the same property addressed at 2204 San Jacinto Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 732267. 5. Being Lot 6AR1, Block A, San Jacinto Plaza Addition, as recorded by Instrument No. 2003- 43090, Plat Records, Denton County, Texas. And being the same property addressed at 2300 San Jacinto Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 265966. 6. Being Lot 6AR, Block A, San Jacinto Plaza Addition, as recorded by Instrument No. 2003- 43090, Plat Records, Denton County, Texas. And being the same property addressed at 2318 San Jacinto Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 265965. 7. Being Lot 4B, Block A, Township 2 Phase 2 Addition, as recorded in Cabinet C, Page 156, Plat Records, Denton County, Texas. And being the same property addressed at I35E Denton, Texas, is commonly known as DCAD Property ID No. 86870. 8. Being Lot 2AR, Block A, San Jacinto Plaza Addition, as recorded by Instrument No. 2003- 43089, Plat Records, Denton County, Texas. And being the same property addressed at 2324 San Jacinto Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 265967. 9. Being Lot 5A, Block A, Township 2 Phase 2 Addition, as recorded in Cabinet D, Page 301, Plat Records, Denton County, Texas. And being the same property addressed at 2322 San Jacinto Blvd. Denton, Texas, is commonly known as DCAD Property ID No. 109532. 10. Being Lot 4C, Block A, Township 2 Phase 2 Addition, as recorded in Cabinet D, Page 379, Plat Records, Denton County, Texas. And being the same property addressed at 1601 Dallas Dr. Denton, Texas, is commonly known as DCAD Property ID No. 117174. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0025a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromDowntownResidential1(DR-1),DowntownResidential2(DR-2)and DowntownCommercialGeneral(DC-G)totheMixed-UseRegional(MR)zoningdistrictanduse classificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q),onapproximately 35.35acresofland,generallylocatednorthofI-35EbetweenBernardStreetandKendolphDrive,intheCityof Denton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingforapenaltyinthe maximumamountof$2,000.00forviolationsthereof;providingforseverability;andestablishinganeffective date.ThePlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19-0025a,CityInitiatedZoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 Downtown Residential 1 (DR-1), Downtown Residential 2 (DR- 2) and Downtown Commercial General (DC-G) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 35.35 acres of land, generally located north of I-35E between Bernard Street and Kendolph Drive, in the C for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19- 0025a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Responses 11. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0025 City Initiated Zoning Changes (Area 25) City Council District 3 REQUEST: To change the zoning district and use classification for approximately 35.35 acres of land, generally located north of I-35E between Bernard Street and Kendolph Drive in the City of Denton, Denton County, Texas. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE 25 149135 LI, LUNA 1000 AVENUE C Undeveloped, Commercial Land Current: Undeveloped, KIM-MP MULTI 25 216469 1300 N I35E Commercial Land; Prior: STATE LLC Restaurant with Drive Through 25 34080 PATOS AZUL LLC 903 LINDSEY ST Single-Family Detached Dwelling Chinese Fast Food - Restaurant 25 34792 LI, LUNA 1000 AVENUE C with Drive Through 25 130831 CHRISTIANSEN, KEN 906 AVENUE C Naranja Café - Restaurant DUFF, WILLIAM & Shell/7-Eleven Gas Station - 25 35284 1223 MCCORMICK ST LEIGH Automotive Fuel Sales 25 35274 1234 AVE A LLC 1234 AVENUE A Undeveloped, Commercial Land 1226-1232 AVENUE Greenlee Heights Apartments - 25 81865 PPT VENTURES LLC A/MCCORMICK ST Multi-Family Dwelling 25 39466 EAGLE CAR WASH 903 KENDOLPH ST Eagle Car Wash - Auto Wash Campus Bookstore - General 25 34790 902 AVENUE C LLC 902 AVENUE C Retail BAILEY FAMILY 25 34079 901 LINDSEY ST Single-Family Detached Dwelling PARTNERS II, LTD WESTDALE Current: Vacant Commercial 25 37129 CARRIAGE SQUARE 1609 EAGLE DR Land; Prior: Restaurant LTD Ekon Gas Station - Automotive 25 34815 KELSOE, JERRY M 1200 N I35E Fuel Sales CUMBERLAND PRESBYTERIAN Cumberland Presbyterian 25 131080 1304 BERNARD ST CHILDREN'S HOME Children's Home Group Home INC 25 20973 DODD, MARY H 1107 GREENLEE ST Single-Family Detached Dwelling Current: Undeveloped 25 224493 VAJIA INV CORP 1100 N I35E Commercial Land; Prior: Hotel DAVENPORT, 25 20880 920 LINDSEY ST Single-Family Detached Dwelling WILLIAM D DAVENPORT, 25 20877 914 LINDSEY ST Single-Family Detached Dwelling WILLIAM D DAVENPORT, 25 21083 1518 BERNARD ST Single-Family Detached Dwelling WILLIAM DAVID DAVENPORT, 25 20871 900 LINDSEY ST Single-Family Detached Dwelling WILLIAM DAVID Current: Undeveloped Commercial Land; Prior: 25 32450 TLC PROPERTIES INC 800 N I35E Warehouse and Wholesale Facility AVE A/ Ave A Apartments Multi- 25 674253 1216- 1220 AVENUE A UNDERWOOD LLC Family Dwelling 25 39306 WESTDALE 903-1115 AVENUE C Current: Undeveloped CARRIAGE SQUARE Commercial Land; Prior: General LTD Retail WESTDALE Current: Undeveloped 25 67713 CARRIAGE SQUARE 1627 EAGLE DR Commercial Land; Prior: LTD Restaurant with Drive Through SIZE: 35.35 acres 2002 ZONING: Downtown Residential 1 (DR-1), Downtown Residential 2 (DR-2) and Downtown Commercial General (DC-G) 2019 ZONING: Residential 7 (R7) and Mixed-Use Neighborhood (MN) CITIZEN(S) REQUESTED ZONING: Mixed-Use Regional (MR) STAFF RECOMMENDATION: Mixed-Use Regional (MR) EXISTING USE(S): Single-Family Detached Dwelling, Restaurant, Restaurant with Drive Through, Automotive Fuel Sales, Multi-Family Dwelling, Auto Wash, General Retail, Group Homes STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use R7 MN MR Use-Specific Standard Single-Family Detached Dwelling P+ P+ 5.3.3A Restaurant P+ P 5.3.5I Restaurant with Drive Through S+ P+ 5.3.5J Automotive Fuel Sales S+ P+ 5.3.5U Multi-Family Dwelling S+ P+ P+ 5.3.3D Auto Wash P General Retail Between 5,000 Square Feet P P and 15,000 Square Feet Group Homes S+ S+ S+ 5.3.3I Dimensional Standards R7 MN MR Minimum Lot Area 4,000 sq ft 2,500 sq ft None Minimum Front Yard Setback 10 feet 10 feet None Minimum Side Yard Setback 5 feet None \[1\] None \[1\] Minimum Rear Yard Setback 10 feet None \[1\] None \[1\] Maximum Building Height 40 feet 65 feet \[1\] \[2\] 100 feet \[1\] \[3\] Maximum Building Coverage 65 percent 80 percent 90 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] 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). BACKGROUND: AREA EXISTING USE YEAR BUILT 25 Undeveloped, Commercial Land N/A Current: Undeveloped, 25 Commercial Land; Prior: N/A Restaurant with Drive Through 25 Single-Family Detached Dwelling 1930 Chinese Fast Food - Restaurant 25 1980 with Drive Through 25 Naranja Café - Restaurant 1965 Shell/7-Eleven Gas Station - 25 1997 Automotive Fuel Sales 25 Undeveloped, Commercial Land N/A Greenlee Heights Apartments - 25 1983 Multi-Family Dwelling 25 Eagle Car Wash - Auto Wash 1978 Campus Bookstore - General 25 1960 Retail 25 Single-Family Detached Dwelling 1958 Current: Undeveloped 25 Commercial Land; Prior: N/A Restaurant Ekon Gas Station - Automotive 25 1996 Fuel Sales Cumberland Presbyterian 25 2010 Children's Home Group Home 25 Single-Family Detached Dwelling 1956 Current: Undeveloped 25 N/A Commercial Land; Prior: Hotel 25 Single-Family Detached Dwelling 1946 25 Single-Family Detached Dwelling 1962 25 Single-Family Detached Dwelling 1967 25 Single-Family Detached Dwelling 1959 Current: Undeveloped Commercial Land; Prior: 25 N/A Warehouse and Wholesale Facility Ave A Apartments Multi- 25 2016 Family Dwelling Current: Undeveloped 25 Commercial Land; Prior: General N/A Retail Current: Undeveloped 25 Commercial Land; Prior: N/A Restaurant with Drive Through SITE DATA: The subject area is developed with a mix of commercial uses. The area does not contain any FEMA or ESA designations. The area has primary frontage on I-35E to the south and west. The subject area is bounded by Bernard Street to the south and Kendolph Drive to the north. Several streets bisect the area: Greenlee Street, McCormick Street, Underwood Street, and Avenue C. The area, along the frontage road, has been impacted by the I-35 Widening Project. Several properties have been purchased and/or subdivided and a number of buildings have been demolished as a result of the project, leaving some parcels currently undeveloped. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Public Facilities (PF) Zoning: Residential 7 (R7) Zoning: Mixed-Use Neighborhood (MN) Use: University of North Uses: Single-family Detached Texas Dwelling Use: Multifamily Dwelling West: East: Zoning: Public Facilities (PF) Zoning: Mixed-Use SUBJECT PROPERTY Neighborhood (MN) Use: University of North Texas Use: Multifamily Dwelling Southwest: South: Southeast: Zoning: Public Facilities (PF) Zoning: Residential 3 (R3) and Zoning: Highway Corridor and Residential 3 (R3) Mixed-Use Neighborhood (HC) (MN) Use: University of North Use: I-35E Texas and I-35E Use: I-35E PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 77 notices were sent to property owners within 200 feet of the subject property, 257 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 received one (1) response in favor and no response in opposition from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1. The subject area is developed with a mix of commercial uses. 2. The area has primary frontage on I-35E to the south and west. The subject area is bounded by Bernard Street to the south and Kendolph Drive to the north. 3. Approximately half of the existing uses are permitted in both the MN and MR Zoning Districts. Although changing the zoning to MR will not change the status of the those uses - it will make the zoning of the area consistent with the surrounding environment. 4. The purpose of the MR Zoning 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 may be established in areas with the greatest regional access and is sensitive to the adjacent built and natural context. 5. Vehicle related existing uses (Restaurant with Drive Through, Automotive Fuel Sales, and Auto Wash) are permitted with a Specific Use Permit (SUP) or prohibited in the MN, while they are permitted by right in the MR. 6. The maximum building height in the MN is 65 feet with a SUP, while it is 100 feet in the MR. 7. The maximum building coverage in the MN is 80 percent, while it is 90 percent in the MR. 8. A higher maximum building height and greater maximum building coverage is suitable for parcels along I-35E. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Downtown Residential 1 (DR-1), Downtown Residential 2 (DR-2) and Downtown Commercial General (DC-G) to the Mixed-Use Regional (MR) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 Area 25 Site Location Notification Map MAPLE WILSHIRE FANNIN MARGIE OAKWOOD 0165330660 Feet SITE µ Parcels Roads Date: 6/3/2019 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 Area 25 Future Land Use Map Notification Map MAPLE Government / Institutional WILSHIRE FANNIN MARGIE Neighborhood / University Compatibility Area Commercial Community Mixed OAKWOOD Use Low Residential 0165330660 Feet SITENeighborhood / University Compatibility Area Future Land Use µ Commercial Low Residential Parcels Community Mixed UseGovernment / Institutional Roads Date: 6/3/2019 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 25 Proposed Zoning Map PF MN PF FANNIN ST R7 35E § ¨¦ MN R4 R3 HC 0150300600 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area Area 25 Notification Map Notification Map MAPLE WILSHIRE FANNIN MARGIE OAKWOOD 0165330660 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 5/29/2019 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\\ZCI19-0025.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN RESIDENTIAL 1 (DR-1), DOWNTOWN RESIDENTIAL 2 (DR-2) AND DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE MIXED-USE REGIONAL (MR) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 35.35 ACRES OF LAND, GENERALLY LOCATED NORTH OF I-35E BETWEEN BERNARD STREET AND KENDOLPH 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. (ZCI19-0025) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Residential 1 (DR-1), Downtown Residential 2 (DR-2) and Downtown Commercial General (DC-G) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 35.35 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Residential 1 (DR-1), Downtown Residential 2 (DR-2) and Downtown Commercial General (DC-G) to the 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 lying and being situated in the E. PUCHALSKI SURVEY, ABSTRACT 996, City of Denton, Denton County, Texas, being the same (called) F1rst and Second Tracts as described in a Substitute Trustee's Deed from Bryon R. Berry, as Substitute Trustee, to First State Bank of Denton on the 1st day of May, 1990 and recorded in Volume 2774, Page 887, Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at an "X" in concrete on the North Right-of-Way of Wilshire Street at the Southwest corner of the above mentioned F1rst Tract; THENCE North 00 degrees 03 minutes 05 seconds West a distance of 165.96 feet to an iron rod set for corner; THENCE South 88 degrees 40 minutes 43 seconds East a distance of 131.22 feet to an "X" in concrete on the West Right-of-Way of Avenue C; THENCE South 00 degrees 16 m1nutes 47 seconds West with the West Right-of-Way of Avenue C, a distance of 49.97 feet to an 1ron rod found for corner; THENCE North 89 degrees 33 minutes 51 seconds West a distance of 121.01 feet to an "X" found in concrete for corner; THENCE South 00 degrees 07 minutes 23 seconds East a distance of 113.90 feet to an "X" in concrete on the North Right-of-Way of Wilshire Street; THENCE North 89 degrees 52 minutes 49 seconds West with the North Right-of-Way of Wilshire Street a distance of 10.03 feet to the POINT OF BEGINNING and containing 0.1794 acres of land, more or less, is commonly known as DCAD Property ID Nos. 149135 and 34792. 2. Being Lot 1, Block A, of the TACO CABANA ADDITION, as recorded by Instrument No. 1999-116209, Plat Records, Denton County, Texas. Also being the same property addressed at 1300 N I35E, Denton, Texas, is commonly known as DCAD Property ID No. 216469. 3. Being all that certain tract or parcel of land situated in the A. Tompkins Survey Abstract Number 1248, Denton County, Texas, and being all of a tract of land described in a deed from Ina Laura Jones to Bear Brown, L.L.C. as recorded in instrument number 2010-36821 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod found on the occupied and recognized South line of Lindsey Street and being the Northeast comer of the herein described tract and the Northwest comer of a tract of land described as Tract II, in a deed from Larry L. Bailey, et al, to Baily Family Partners II, Ltd as recorded under instrument number 2012-14 7784 of the Real Property Records of Denton County, Texas; THENCE South 01 degree 16 minutes 00 seconds West with the West line of said Bailey tract a distance of 97.43 feet to a 1/2" iron rod found for the Southeast corner of the herein described tract and being in the North line of a tract of land described in a deed from Jeremiah R. Walsh to Myra K. Pralle and Janis Jones as recorded under instrument number 94-R0044483 of the Real Property Records of Denton County, Texas; THENCE South 88 degrees 58 minutes 58 seconds West along or near a fence and with the North line of said Myra K. Pralle and Janis Jones tract a distance of 58.03 feet to a capped 1/2" iron rod found for the Southwest comer of the herein described tract and the Southeast comer of a tract of land described in a deed from Pato Pie, llc to the State of Texas as recorded under instrument number 2013-142724 of the Real Property Records of Denton County, Texas; THENCE North 01 degree 16 minutes 00 seconds East with the East line of said State of Texas tract a distance of 98.50 feet to a capped W' iron rod found for the Northwest comer of the herein described tract and being the Northeast comer of said State of Texas tract; THENCE South 89 degrees 57 minutes 34 seconds East with the South line of said Lindsey Street a distance of 58.00 feet to the POINT OF BEGINNING and enclosing 0.130 acres of land more or less, is commonly known as DCAD Property ID No. 34080. 4. Being Lot 1, Block 1, of the CHRISTIANSEN ADDITION, as recorded in Cabinet F, Page 163, Plat Records, Denton County, Texas. Also being the same property addressed at 906 AVENUE C, Denton, Texas, is commonly known as DCAD Property ID No. 130831. 5. Being Lot 1, Block 1, of the STAR ADDITION, as recorded in Cabinet H, Page 398, Plat Records, Denton County, Texas. Also being the same property addressed at 1223 MCCORMICK ST, Denton, Texas, is commonly known as DCAD Property ID No. 35284. 6. A Tract of land being situated in the E. PUCHALSKI SURVEY, ABSTRACT NUMBER 996, being a tract of land described in a deed to MED DEVELOPMENT, LLC. and recorded as County Clerk File Number 2015-104115, Real Property Records, Denton County, Texas. The exterior boundary of said Tract of Land is described as follows: Commencing at the Northwest corner of said Tract of land also being the Northeast corner of Lot 1 Block 1, STAR ADDITION recorded in Cabinet H, Page 398 Plat records of Denton County, Texas, and also being on the South line of GREEN HILL GARDEN ADDITION, iron rod found and being the POINT OF BEGINNING; Thence N 89° 45' 45" E along the South line of the Green Hill Garden Addition 221.46 feet to Thence S 02° 16' 14" E along said West line 174.16' feet to the North line of Greenlee Street, and marked by a 1/2 " iron rod that bears N 89° 55" 24" W 4.52 feet; Thence Southwesterly along said north line 6.60 feet along the arc of a curve non-tangent, radius of 12.5 feet, center of which lies to the North central angle of 30° 14' 06", chord of which bears S72° 05' 54" W 6.52 feet from which a iron rod found bears N 56° 26' 08" W 4.05 feet; bears N 01° 05' 22" W 12.14 feet; Thence N 01° and continuing for a total distance of 183.22 to the POINT OF BEGINNING, and containing 0.92 acres more or less and there terminating, is commonly known as DCAD Property ID No. 35274. 7. Being Lot 1, of the GREEN HILL GARDEN ADDITION, as recorded in Cabinet C, Page 39, Plat Records, Denton County, Texas. Also being the same property addressed at 1226-1232 AVENUE A/MCCORMICK ST, Denton, Texas, is commonly known as DCAD Property ID No. 81865. 8. Being Lot 1, Block B, of the WILLIAMS, as recorded in Volume 343, Page 436, Plat Records, Denton County, Texas. Also being the same property addressed at 903 KENDOLPH ST, Denton, Texas, is commonly known as DCAD Property ID No. 39466. 9. Being all that certain lot, tract, or parcel of land situated in the Eugene Puchalski Survey Abstract Number 996 in the City of Denton, Denton County, Texas, being all that certain tract of land conveyed by deed from Live Oak Trust to Ken Christiansen and Phoebe Christiansen recorded under Clerk's File Number 96-R0060877, Real Property Records, Denton County, Texas, and being more particularly described as follows: Beginning at a P. K. nail set for comer in Eagle Drive, a public roadway, said point being the northeast comer of Lot 1, Block B of J. S. Williams Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Volume 343, Page 436, Deed Records, Denton County, Texas; Thence East 130.89 feet with said Eagle Drive to a P. K. nail set for comer in the west line of Avenue C, a public roadway having a right-of-way of 80.0 feet; Thence South 81.00 feet with said west line of said Avenue C to an iron rod found for comer, said point being the northeast corner of Lot 1, Block 1, of Christiansen Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet F, Page 163, Plat Records, Denton County, Texas; Thence West 130.89 feet with the north line of said Christiansen Addition to an iron rod found for comer in the east line of said J. S. Williams Addition; Thence North 81.00 feet with said east line of said J. S. Williams Addition to the Place of Beginning and containing 0.243 acre of land, is commonly known as DCAD Property ID No. 34790. 10. All that certain tract or parcel of land lying and being situated in the A. Tompkins Survey, Abstract Number 1246, being all of a tract of land described in the Deed to J.M. Jones recorded in Volume 689, Page 286 of the Deed Records, Denton County, Texas, and being more particularly described as follows: Beginning at a round 1/2 inch iron pin at the northeast comer of said J .M. Jones Tract, at the intersection of the South line of Lindsey Street and the West line of Bernard Street; Thence South 00 degrees 30 minutes 12 seconds West with the East line of said J.M. Jones tract and the West line of Bernard Street a distance of95.51 feet to a found 1/2 inch iron pin at the Southeast comer of said J.M. Jones tract and the Northeast comer of a tract of land described in the Deed to Myra K. Pralle et al recorded under Clerk's File Number 94-R0044483 of the Real Property Records, Denton County, Texas; Thence South 68 degrees 45 minutes 15 seconds West with the South line of said J.M. Jones tract and the North line of said Pralle tract a distance of90.05 feet to a found 1/2 inch iron pin at the Southwest comer of said J .M. Jones tract and an angle point in the North line of said Pralle tract; Thence North 01 degrees 01 minutes 18 seconds East with the West line of said J.M. Jones tract a distance of 97.39 feet to a found Y2 inch iron rod pin at the Northwest comer of said J.M. Jones tract on the South line of said Lindsey Street; Thence North 89 degrees 52 minutes 00 seconds East with the North line of said J.M. Jones tract and the South line of Lindsey Street a distance of89.74 feet to the point of beginning, containing 0.200 of an acre of land, is commonly known as DCAD Property ID No. 34079. 11. Being Lot 1, Block A, of the KELSOE NO. 2 ADDITION, as recorded in Cabinet K, Page 210, Plat Records, Denton County, Texas. Also being the same property addressed at 1200 N I35E, Denton, Texas, is commonly known as DCAD Property ID No. 34815. 12. Being Lot 1, Block 1, of the CUMBERLAND PRESBYTERIAN CHILDRENS HOME ADDITION, as recorded in Cabinet F, Page 174, Plat Records, Denton County, Texas. Also being the same property addressed at 1304 BERNARD ST, Denton, Texas, is commonly known as DCAD Property ID No. 131080. 13. Being Lot 3, Block 2, of the GREENLEE ADDITION, as recorded in Volume 75, Page 141, Plat Records, Denton County, Texas. Also being the same property addressed at 1107 GREENLEE ST, Denton, Texas, is commonly known as DCAD Property ID No. 20973. 14. Being a portion of Lot 2, Block A, of the VAJIA ADDITION, as recorded in Cabinet S, Page 56, Plat Records, Denton County, Texas. Also being the same property addressed at 1100 N I35E, Denton, Texas, is commonly known as DCAD Property ID No. 224493. 15. Being Lot 3, Block 2, of the R E FORD SUBDIVISION, as recorded in Volume 323, Page 539, Plat Records, Denton County, Texas. Also being the same property addressed at 920 LINDSEY ST, Denton, Texas, is commonly known as DCAD Property ID No. 20880. 16. Being Lot 2, Block 2, of the R E FORD SUBDIVISION, as recorded in Volume 323, Page 539, Plat Records, Denton County, Texas. Also being the same property addressed at 914 LINDSEY ST, Denton, Texas, is commonly known as DCAD Property ID No. 20877. 17. Being Block 2, of the R E FORD SUBDIVISION, as recorded in Volume 323, Page 539, Plat Records, Denton County, Texas. Also being the same property addressed at 1518 BERNARD ST, Denton, Texas, is commonly known as DCAD Property ID No. 21083. 18. Being the south 100 feet of Lot 1, Block 2, of the R E FORD SUBDIVISION, as recorded in Volume 323, Page 539, Plat Records, Denton County, Texas. Also being the same property addressed at 900 LINDSEY ST, Denton, Texas, is commonly known as DCAD Property ID No. 20871. 19. BEING a tract of land situated in the A. N. B. Tompkins Survey, Abstract No. 1246, City of Denton, Denton County, Texas, and being a portion of Block 2 of the Replat of Lots 4, 5, 6 & 7 of the R.E. Ford Subdivision, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet B, Page 283 of the Plat Records, Denton County, Texas; and being a part of a tract of land as described in the deed to Weathertrol Supply Company as recorded in Volume 940, Page 697 of the Deed Records of Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found with a Texas Department of Transportation 3-1/4 inch aluminum cap at the intersection of the north line of the Replat of said R.E. Ford Subdivision with the proposed northeasterly right-of-way line of Interstate Highway 35E, from which a 3/8 inch iron rod found at the northwesterly corner of the Replat of said R.E. Ford Subdivision bears South 89degrees 12 minutes 00 seconds West, a distance of 167.52 feet; THENCE North 89 degrees 12 minutes 00 seconds East along the north line of said Replat of said R.E. Ford Subdivision, a distance of 179.79 feet to the northeast corner of the Replat of said R.E. Ford Subdivision, from which a 3/8" iron rod found bears South 72 degrees 59 minutes 43 seconds East a distance of 0.95 feet; THENCE South 00 degrees 46 minutes 44 seconds East along the east line of the Replat of said R.E. Ford Subdivision, a distance of 142.41 feet to a 5/8 inch iron rod found with a Texas Department of Transportation 3-1/4 inch aluminum cap at the intersection of the east line of the Replat of said R.E. Ford Subdivision with the proposed northeasterly right-of-way line of Interstate Highway 35E; THENCE departing the east line of the Replat of said R.E. Ford Subdivision North 52 degrees 24 minutes 35 seconds West along the proposed northeasterly right-of-way line of Interstate Highway 35E, a distance of 229.32 feet to the POINT OF BEGINNING and containing 0.2939 acres of land, more or less, is commonly known as DCAD Property ID No. 32450. 20. Being Lot 1, Block A, of the AVENUE A ADDITION, as recorded by Instrument No. 2015- 411, Plat Records, Denton County, Texas. Also being the same property addressed at 1216- 1220 AVENUE A, Denton, Texas, is commonly known as DCAD Property ID No. 674253. 21. Being Lot 1, Block 1, of the GOLDEN TRIANGLE SUBDIVISION, as recorded in Volume 4, Page 28, Plat Records, Denton County, Texas. Also being the same property addressed at 903-1115 AVENUE C, Denton, Texas, is commonly known as DCAD Property ID Nos. 39306, 37129, and 67713. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0026a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromDowntownResidential2(DR-2)andDowntownCommercialGeneral(DC- G)totheMixed-UseRegional(MR)zoningdistrictanduseclassificationdefinedunderthe2019Denton DevelopmentCode(OrdinanceDCA18-0009q),onapproximately102.52acresofland,generallylocatedsouth ofScriptureStreetbetweenofI-35andBonnieBraeStreet,intheCityofDenton,DentonCounty,Texas; amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverability;andestablishinganeffectivedate.ThePlanningandZoning Commission recommends approval (7-0). (ZCI19-0026a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 Downtown Residential 2 (DR-2) and Downtown Commercial General (DC-G) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 102.52 acres of land, generally located south of Scripture Street between of I-35 and Bonnie Brae Street, in the City of Denton, amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0026a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0026 City Initiated Zoning Changes (Area 26) City Council District 3 REQUEST: To change the zoning district and use classification for approximately 102.52 acres of land, generally located south of Scripture Street between of I-35 and Bonnie Brae Street in the City of Denton, Denton County, Texas. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE YELLOW OAK Physical Therapy of North Texas 26 528578 2445 W OAK ST PROPERTIES LLC - Medical Office APPLING MEDICAL Calypso Concierge Medical et. al 26 528577 2501 W OAK ST COMPLEX LLC - Medical Office CLRx Pharmacy et. al - Medical 26 526090 SMH PARTNERS LLC 2401 W OAK ST Office 2535 W OAK STREET Orthopedics Specialists North 26 288214 2535 W OAK ST PARTNERS, LLC Texas - Medical Office 2435 W OAK STREET Precision Dermatology - Medical 26 526089 2435 W OAK ST PARTNERS LLC Office STRUGA PARTNERS Prairie Hollow Apartments 26 107996 2500 N I35 LTD P/S Multi-Family Dwelling TEXAS HEALTH Texas Health Presbyterian 26 289016 PRESBYTERIAN 2900 N I35E Hospital - Hospital Services HOSPITAL DENTON TEXAS HEALTH 26 260956 PRESBYTERIAN 2641 SCRIPTURE ST Undeveloped, Commercial Land HOSPITAL DENTON MEDICOR Primary Care Doctor - Medical 26 259473 2625 SCRIPTURE ST HOLDINGS LLC Office North Texas Allergy and Asthma 26 259474 KBJ PROPERTIES INC 2617 SCRIPTURE ST Center et. al - Medical Office NTA INVESTMENTS North Texas Arrhythmia 26 259475 2609 SCRIPTURE ST LLC Associates - Medical Office Commercial - Administrative, 26 259476 NJAH ENTERPRISE 2601 SCRIPTURE ST Professional, and Government Office HSRE SCRIPTURE 26 259472 2665 SCRIPTURE ST USMD - Medical Office MOB LP DENTON HOSPITAL Commercial - Parking Lot as a 26 260957 SCRIPTURE ST INC Principal Use DENTON COUNTY Denton County M.H.M.R - 26 260208 2519 SCRIPTURE ST MENTAL HEALTH Medical Clinic MILLER, JAMES D & CAROLYN SUE & Clinical Pathology Laboratories - 26 28107 HUTCHINSON, 319 N BONNIE BRAE ST Medical Office THOMAS W & LADONNA Texas Health Presbyterian TEXAS HEALTH 26 278299 209 N BONNIE BRAE ST Hospital and Denton RESOURCES Dermatology - Hospital Services BLESS, MICHAEL R & 26 36619 2418 W OAK ST Single-Family Detached Dwelling BROSHIA DENTON GREEN Vintage Pads Apartments - 26 36631 2424 W OAK ST INVESTORS LLC Multi-Family Dwelling VINTAGE SENIOR Vintage Retirement - Elderly 26 253625 205 BONNIE BRAE ST CARE CENTER LLC Housing DENTON GREEN Vintage Pads Apartments - 26 36636 2444 W OAK ST INVESTORS LLC Multi-Family Dwelling DENTON GREEN Vintage Pads Apartments - 26 36644 2524 W OAK ST INVESTORS LLC Multi-Family Dwelling Doyle Pharmacy General 26 25684 J-MED LTD 2509 SCRIPTURE ST Retail/Medical Office TEXAS HEALTH North Texas GI Associates - 26 172619 2501 SCRIPTURE ST RESOURCES Medical Office DM7 STRATEGIC OB/GYN Specialists - Medical 26 28102 323 N BONNIE BRAE ST GROUP LLC Office TEXAS HEALTH Texas Health Presbyterian 26 278297 PRESBYTERIAN 3000 N I35 Hospital Hospital Services HOSPITAL DENTON 2701 W OAK STREET Family Allergy & Asthma Care - 26 108002 2701 W OAK ST LLC Medical Office DENTON Uptown Apartments Multi- 26 36599 2601 W OAK ST ASSOCIATES LLC Family Dwelling STUGA PARTNERS Prairie Hollow Apartments 26 108000 2500 N I35 LTD Multi-Family Dwelling HRA UNIVERSITY UC Denton Apartments - Multi- 26 230882 200 S BONNIE BRAE ST COURTYARD LLC Family Dwelling Chevron / Super Food Mart - 26 36639 ALAM, JAHANGIR 125 N BONNIE BRAE ST Automotive Fuel Sales 26 36639 ALAM, JAHANGIR 125 N BONNIE BRAE ST Undeveloped - Commercial Land SIZE: 102.52 acres 2002 ZONING: Downtown Residential 2 (DR-2) and Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Mixed-Use Regional (MR) EXISTING USE(S): Medical Office, Multi-Family Dwelling, Hospital Services, Administrative, Professional, and Government Office, Parking Lot as a Principal Use, Medical Clinic, Single-Family Detached Dwelling, Elderly Housing, General Retail, and Automotive Fuel Sales STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MN MR Use-Specific Standard Single-Family Detached Dwelling P+ 5.3.3A Medical Office P+ P+ 5.3.4H Medical Clinic S+ P+ 5.3.4G Hospital Services P+ 5.3.4F Elderly Housing P+ P 5.3.3H Automotive Fuel Sales S+ P+ 5.3.5U Multi-Family Dwelling P+ P+ 5.3.3D Administrative, Professional, and P+ P 5.3.5K Government Office General Retail Between 5,000 Square Feet P P and 15,000 Square Feet Parking Lot as a Principal Use P Dimensional Standards MN MR Minimum Lot Area 2,500 sq ft None Minimum Front Yard Setback 10 feet None Minimum Side Yard Setback None \[1\] None \[1\] Minimum Rear Yard Setback None \[1\] None \[1\] Maximum Building Height 65 feet \[1\] \[2\] 100 feet \[1\] \[3\] Maximum Building Coverage 80 percent 90 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] 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). BACKGROUND: AREA EXISTING USE YEAR BUILT Physical Therapy of North Texas 26 2009 - Medical Office Calypso Concierge Medical et. al 26 2008 - Medical Office CLRx Pharmacy et. al - Medical 26 2007 Office Orthopedics Specialists North 26 2006 Texas - Medical Office Precision Dermatology - Medical 26 2007 Office Prairie Hollow Apartments 26 1984 Multi-Family Dwelling Texas Health Presbyterian 26 Unknown Hospital - Hospital Services 26 Undeveloped, Commercial Land N/A Primary Care Doctor - Medical 26 2005 Office North Texas Allergy and Asthma 26 2008 Center et. al - Medical Office North Texas Arrhythmia 26 2005 Associates - Medical Office Commercial - Administrative, 26 Professional, and Government 2008 Office 26 USMD - Medical Office 2012 Commercial - Parking Lot as a 26 0 Principal Use Denton County M.H.M.R - 26 1992 Medical Clinic Clinical Pathology Laboratories - 26 1971 Medical Office Texas Health Presbyterian 26 Hospital and Denton Unknown Dermatology - Hospital Services 26 Single-Family Detached Dwelling 1961 Vintage Pads Apartments - 26 1970 Multi-Family Dwelling Vintage Retirement - Elderly 26 1985 Housing Vintage Pads Apartments - 26 1979 Multi-Family Dwelling Vintage Pads Apartments - 26 1970 Multi-Family Dwelling Doyle Pharmacy General 26 2016 Retail/Medical Office North Texas GI Associates - 26 1993 Medical Office OB/GYN Specialists - Medical 26 1975 Office Texas Health Presbyterian 26 2003 Hospital Hospital Services Family Allergy & Asthma Care - 26 1965 Medical Office Uptown Apartments Multi- 26 2003 Family Dwelling Prairie Hollow Apartments 26 1984 Multi-Family Dwelling UC Denton Apartments - Multi- 26 2001 Family Dwelling Chevron / Super Food Mart - 26 1980 Automotive Fuel Sales 26 Undeveloped - Commercial Land 1980 SITE DATA: The subject area is developed with a mix of uses, with a majority of medical related uses on the north side and apartments on the south side. The area does not contain any FEMA or ESA designations. The area has frontage on I-35 to the west. The subject area is bounded by Scripture Street to the north and I-35/Bonnie Brae to the south and is bisected by Oak Street bisects in the middle. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Light Industrial (LI) Zoning: Rayzor Ranch Zoning: Public Facilities (PF) Overlay District (RROD) Use: I-35E Use: McKenna Park Uses: Rayzor Ranch Development West: East: Zoning: Light Industrial (LI) Zoning: Residential 3 (R3) and Mixed-Use Neighborhood (MN) Use: I-35E SUBJECT PROPERTY Use: Single-family Detached Dwelling, Multifamily Dwelling and General Retail Southwest: South: Southeast: Zoning: Light Industrial (LI) Zoning: Light Industrial (LI) Zoning: Mixed-Use Neighborhood (MN) and Public Facilities (PF) Use: I-35E Use: I-35E Use: Multifamily Dwelling, General Retail and University of North Texas PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 32 notices were sent to property owners within 200 feet of the subject property, 87 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. 1. The subject area is developed with a mix of uses, with a majority of medical related uses 2. The area has frontage on I-35 to the west. The subject area is bounded by Scripture Street to the north and I-35/Bonnie Brae to the south and is bisected by Oak Street bisects in the middle. 3. The Mixed-Use Regional (MR) is a more appropriate Zoning District for the area. Its location along I-35, its proximity to other regional draw commercial and medical uses, it location to the Rayzor Ranch development and the University of North Texas, and its Future Land Use designation of Regional Mixed Use and Neighborhood/University Compatibility Area makes the area suitable for uses that are allowed under the MR Zoning District. 4. Approximately half of the existing uses are permitted in both the MN and MR Zoning Districts. Although changing the zoning to MR will not change the status of the those uses - it will make the zoning of the area consistent with the surrounding environment. 5. The purpose of the MR Zoning 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 may be established in areas with the greatest regional access and is sensitive to the adjacent built and natural context. 6. Vehicle related and more intense existing uses (Medical Clinic, Hospital Services, Parking Lot as a Principal Use and Automotive Fuel Sales) are either permitted with a Specific Use Permit (SUP) or prohibited in the MN, while they are permitted by right in the MR. 7. Administrative, Professional, and Government Office is permitted in both MN and SC Zoning Districts. MN has a Use-specific Standards (5.3.5K) that limits the use to less than 25,000 square feet per lot. More than 25,000 square requires an SUP. 8. The maximum building height in the MN is 65 feet with a SUP, while it is 100 feet in the MR. 9. The maximum building coverage in the MN is 80 percent, while it is 90 percent in the MR. 10. A higher maximum building height and greater maximum building coverage is suitable for parcels along I-35. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Downtown Residential 2 (DR-2) and Downtown Commercial General (DC- G) to the Mixed-Use Regional (MR) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 Area 26 Site Location Notification Map I35 § ¨¦ OAK 0205410820 Feet SITE µ Parcels Roads Date: 6/3/2019 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 Area 26 Future Land Use Map Notification Map Regional Mixed Parks Use I35 / Open § ¨¦ Space Low Residential OAK Neighborhood / University Compatibility Area Industrial Commerce Government / Institutional 0205410820 Feet SITEIndustrial Commerce Future Land Use Government / Institutional Low Residential µ Parcels Parks / Open Space Regional Mixed Use Roads Neighborhood / University Compatibility Area Date: 6/3/2019 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 26 Proposed Zoning Map MR RRO PF R3 LI 35E § ¨¦ 35 § ¨¦ MN PF 35E MN § ¨¦ 35W § ¨¦ LI 0140280560 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area Area 26 Notification Map Notification Map 500ft Buffer I35 § ¨¦ 200ft Buffer OAK 0205410820 Feet SITE µ Parcels Roads Date: 6/3/2019 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\\ZCI19-0026.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN RESIDENTIAL 2 (DR-2) AND DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE MIXED-USE REGIONAL (MR) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 102.52 ACRES OF LAND, GENERALLY LOCATED SOUTH OF SCRIPTURE STREET BETWEEN OF I-35 AND BONNIE BRAE 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 ESTABLISHING AN EFFECTIVE DATE. (ZCI19- 0026) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Residential 2 (DR-2) and Downtown Commercial General (DC-G) to the Mixed-Use Regional (MR) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 102.52 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Residential 2 (DR-2) and Downtown Commercial General (DC-G) to the 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. Cabinet X, Page 963, Plat Records, Denton County, Texas. Also being the same property addressed at 2445 W OAK ST, Denton, Texas, is commonly known as DCAD Property ID No. 528578. 2. Being Lot 4A, Block A, of the WEST OAK STREET OFFICES ADDITION, as recorded in Cabinet X, Page 963, Plat Records, Denton County, Texas. Also being the same property addressed at 2501 W OAK ST, Denton, Texas, is commonly known as DCAD Property ID No. 528577. 3. Being Lot 8A, Block A, of the WEST OAK STREET OFFICES ADDITION, as recorded in Cabinet X, Page 805, Plat Records, Denton County, Texas. Also being the same property addressed at 2401 W OAK ST, Denton, Texas, is commonly known as DCAD Property ID No. 526090. 4. Being Lot 1A, Block A, of the WEST OAK STREET OFFICES ADDITION, as recorded in Cabinet W, Page 520, Plat Records, Denton County, Texas. Also being the same property addressed at 2535 W OAK ST, Denton, Texas, is commonly known as DCAD Property ID No. 288214. 5. Being Lot 6A, Block A, of the WEST OAK STREET OFFICES ADDITION, as recorded in Cabinet X, Page 805, Plat Records, Denton County, Texas. Also being the same property addressed at 2435 W OAK ST, Denton, Texas, is commonly known as DCAD Property ID No. 526089. 6. Being Lot 1, of the MILL RUN APARTMENTS, as recorded in Cabinet D, Page 110, Plat Records, Denton County, Texas. Also being the same property addressed at 2500 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 107996. 7. Being Lot 1R1, Block 1, of the TRIAD ADDITION, as recorded in Cabinet W, Page 110, Plat Records, Denton County, Texas. Also being the same property addressed at 2900 N I35E, Denton, Texas, is commonly known as DCAD Property ID No. 289016. 8. Being Lot 8, Block 1, of the TRIAD ADDITION, as recorded in Cabinet V, Page 464, Plat Records, Denton County, Texas. Also being the same property addressed at 2641 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 260956. 9. Being Lot 4, Block 1, of the TRIAD ADDITION, as recorded in Cabinet V, Page 287, Plat Records, Denton County, Texas. Also being the same property addressed at 2625 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 259473. 10. Being Lot 5, Block 1, of the TRIAD ADDITION, as recorded in Cabinet V, Page 287, Plat Records, Denton County, Texas. Also being the same property addressed at 2617 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 259474. 11. Being Lot 6, Block 1, of the TRIAD ADDITION, as recorded in Cabinet V, Page 287, Plat Records, Denton County, Texas. Also being the same property addressed at 2609 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 259475. 12. Being Lot 7, Block 1, of the TRIAD ADDITION, as recorded in Cabinet V, Page 287, Plat Records, Denton County, Texas. Also being the same property addressed at 2601 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 259476 13. Being Lot 2 and 3, Block 1, of the TRIAD ADDITION, as recorded in Cabinet V, Page 287, Plat Records, Denton County, Texas. Also being the same property addressed at 2665 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 259472. 14. Being Lot 9, Block 1, of the TRIAD ADDITION, as recorded in Cabinet V, Page 287, Plat Records, Denton County, Texas. Also being the same property addressed at SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 260957. 15. Being Lot 1R1, Block A, of the MHMR CENTER ADDITION, as recorded by Instrument No. 2003-171695, Plat Records, Denton County, Texas. Also being the same property addressed at 2519 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 260208. 16. Being Lot 6, of the BONNIE BRAE ADDITION, as recorded in Volume 7, Page 52, Plat Records, Denton County, Texas. Also being the same property addressed at 319 N BONNIE BRAE ST, Denton, Texas, is commonly known as DCAD Property ID No. 28107. 17. Being Lot 1R2, Block 1, of the TRIAD ADDITION, as recorded in Cabinet W, Page 110, Plat Records, Denton County, Texas. Also being the same property addressed at 209 N BONNIE BRAE ST, Denton, Texas, is commonly known as DCAD Property ID No. 278299. 18. All that certain tract of land situated in the E. Puchalski Survey. Abstract Number 996 in the City and County of Denton Texas and being all of that certain tract described in the deed from John W Karnes et.ux to Ross Carter el.ux. recorded in Volume 337 Page 85 of the Deed Records of Denton County. Texas as recognized and occupied on the ground, the subject tract being more particularly described as follows: BEGINNING for the Southeast Comer of the tract being described herein at the Southeast corner of said Carter tract on the North side of West Oak Street, said comer also being the Southeast Corner of that certain easement to Denton County for Street purposes, recorded in Volume 412 Page 334 Deed Records; THENCE South 89 Degrees 54 Minutes 03 Seconds West with the South line of said Carter tract and said easement at 33.42 feet passing a 1/2" iron rod found for the Southwest corner of said casement and continuing along the South tine of sold Carter tract a distance of 150.47 feet to a square tube found for the Southwest Comer of said Carter tract; THENCE North 00 Degrees 24 Minutes 53 Seconds West with the West fine thereof, generally along a fence part of the way a distance of 84.89 feet to a 5/8" iron rod found for the Northwest corner of sold Carter tract in the South line of Denton Retirement Center Addition, an addition in said City, according to the Plat thereof, recorded in Cabinet D Page 275 Plot Records; THENCE East with the South line thereof and the North line of said Carter tract generally along a wood fence a distance of l49.90 feet to a 1/2" Iron rod found for the Northeast corner of said Carter tract; THENCE South 00 Degrees 48 Minutes 19 Seconds East with the East line thereof, generally along a fence al' 65.59 feel passing a 1/2" iron rod found for the Northeast corner of said easement and continuing along said course, in all, a total distance of 84.43 feet to the PLACE OF BEGINNING and enclosing 0.292 of an acre of land, is commonly known as DCAD Property ID No. 36619. 19. Being Block 1, of the DENTON RETIREMENT CENTER ADDITION, as recorded in Cabinet D, Page 275, Plat Records, Denton County, Texas. Also being the same property addressed at 205 BONNIE BRAE ST, Denton, Texas, is commonly known as DCAD Property ID No. 253625. 20. BEING a description of a 3.227 acre tract of land situated in the Eugene Puchalski Survey Abstract No. 996, in the City of Denton, Denton County, Texas, and being that same tract or parcel of land conveyed to DGI Yorkshire LLC as evidenced by the deed recorded under Instrument Number 2009-9259 of the Real Property Records of Denton County, Texas. Said 3.227 acre tract being more fully described as follows: BEGINNING at a 1/2-inch steel rod found with a plastic yellow cap found for corner on the present North right-of-way line of West Oak Street (a variable width right-of-way), and being the Southwest corner of said DGI Yorkshire property tract and also the Southeast corner of tract of land conveyed to Triad Denton Hospital, L.P., as evidenced by the deed recorded in Volume 5012, at Page 3753 of the Real Property Records of Denton County, Texas: THENCE North 01 degree 09 minutes 49 seconds West, at distance of 4.88 feet passing the Southeast corner of Lot 1 R 1 in Block 1 of Triad Addition to the City of Denton as shown on the Plat recorded in Cabinet W, at Page 110 of the Real Property Records of Denton County, Texas, and continuing along the common line between said DGI Yorkshire tract and said Lot 1R1, a total distance of 149.89 feet to a 5/8-steel rod with a red plastic cap stamped "Gerry Curtis RPLS 1640" found for corner; THENCE South 89 degrees 57 minutes 13 seconds East, at a distance of 27.67 passing the South common corner between Lot 1 R 1 and Lot 1 R2 of said Triad Addition, at a distance of 430.27 feet passing the South common corner between said DGI Yorkshire tract and Lot 1, Block 1 of Denton Retirement Center Addition, an addition to the City of Denton as shown on the Plat recorded in Cabinet D, at Page 275 of the Real Property Records of Denton County, Texas, and continuing along the South line of said Lot 1 for a total distance of 904.06 feet to a 1/2-inch steel rod found for corner; THENCE North 89 degrees 40 minutes 13 seconds East, continuing along a common line between said DGI Yorkshire tract and said Lot 1, a distance of 11.43 feet to a 5/8-inch steel rod found for corner at the Northwest corner of a tract of land conveyed to Michael R. Bless and wife Broshio Bless as described in the deed recorded in Volume 5165, at Page 374 of the Real Property Records of Denton County, Texas; THENCE Southerly and Easterly along the common lines between said DGI Yorkshire tract and said Bless tract the following; South 00 degrees 32 minutes 44 seconds East, a distance of 84.43 feet to a 1/2-inch square iron rod found for corner; North 89 degrees 51 minutes 59 seconds East, a distance of 117.00 feet to a 1/2-inch steel rod found for corner on the previously mentioned North right-of-way line of West Oak Street; THENCE South 61 degrees 22 minutes 27 seconds West, departing said Bless tract and along the said North right-of-way line of West Oak Street, a distance of 136.30 feet to a chiseled "Y" found in a concrete drive for corner; THENCE North 89 degrees 59 minutes 01 second West, continuing along said North line, a distance of 910.73 feet to the POINT OF BEGINNING; and containing 3.227 acres or 140,569 square feet of land more or less, is commonly known as DCAD Property ID No. 36644, 36631, and 36636. 21. Being Lot 1, Block A, of the MED-TEX ADDITION, as recorded in Volume 7, Page 52, Plat Records, Denton County, Texas. Also being the same property addressed at 2509 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 25684. 22. Being Lot 10R, Block A, of the BONNIE BRAE ADDITION, as recorded by Instrument No. 1993-84618, Plat Records, Denton County, Texas. Also being the same property addressed at 2501 SCRIPTURE ST, Denton, Texas, is commonly known as DCAD Property ID No. 172619. 23. Being Lot 7, and the south portion of Lot 8, of the BONNIE BRAE ADDITION, as recorded in Volume 7, Page 52, Plat Records, Denton County, Texas. Also being the same property addressed at 323 N BONNIE BRAE ST, Denton, Texas, is commonly known as DCAD Property ID No. 28102. 24. Being Lot 1R1, Block 1, of the TRIAD ADDITION, as recorded by County File number 2005- 20168, Plat Records, Denton County, Texas. Also being the same property addressed at 3000 N I35E, Denton, Texas, is commonly known as DCAD Property ID No. 278297. 25. Being Lot 1, Block 1, of the MORGAN OFFICE PARK, as recorded in Cabinet D, Page 341, Plat Records, Denton County, Texas. Also being the same property addressed at 2701 W OAK ST, Denton, Texas, is commonly known as DCAD Property ID No. 108002. 26. Being Lot 1, Block 1, of the WEST OAK STREET APARTMENTS ADDITON, as recorded by Instrument No. 2003-160749, Plat Records, Denton County, Texas. Also being the same property addressed at 2601 W OAK ST, Denton, Texas, is commonly known as DCAD Property ID No. 36599. 27. Being Lot 2, Block 1, of the MILL RUN APARTMENTS PHASE 2, as recorded in Cabinet D, Page 309, Plat Records, Denton County, Texas. Also being the same property addressed at 2500 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 108000. 28. Being Lot 1, Block A, of the UNIVERSITY COURTYARD ADDITION, as recorded by Instrument No. 2000-105701, Plat Records, Denton County, Texas. Also being the same property addressed at 200 S BONNIE BRAE ST, Denton, Texas, is commonly known as DCAD Property ID No. 230882. 29. All that certain tract of land situated in the E. Puchalski Survey, Abstract No. 996, in the City and County of Denton, Texas and being all of the called 0.619 acre tract described in the deed from Billy John Morris and wife to Allasghar Amaniafrakti and wife recorded in Volume 1775, Page 984, Real Property Records, Denton County, Texas as recognized and occupied on the ground, the subject tract being more particularly described as follows: Beginning for the Southwest corner of the tract being described herein at capped iron rod set for the Southwest comer of said 0.619 acre tract at the apparent Northwest comer of the called 0.176 acre Tract 1, described in the deed to the City of Denton recorded in Volume 481, Page 422, Deed Records, Denton County, Texas; Thence North 00 degrees 02 minutes 30 seconds East with the West line of said line of said 0.619 acre tract a distance of 33.40 feet to a capped iron rod set for the Northwest comer of said 0.619 acre tract in the apparent South line of West Oak Street; Thence North 80 degrees 05 minutes 00 seconds East with the North line of said 0.619 acres along said street a distance of 96.50 feet to a capped iron rod set for the beginning of a curve to the right, having a radius of 425.30 feet; Thence along the arc of said curve along the North line of said Street an arc distance of 195.00 feet chord bearing North 73 degrees 13 minutes 06 seconds East a distance of 193.30 feet to an "X" set in concrete for the Northeast corner of said 0.619 acre tract in the West line of Bonnie Brae Street; Thence South 00 degrees 58 minutes 00 seconds East with the East line of said 0.619 acres along said street a distance of 138.55 feet to a nail set for the Southeast corner of said 0.619 acre tract in the apparent North line of that certain tract described in the deed to the City of Denton, recorded in Volume 306, Page 352, Deed Records, Denton County, Texas; Thence North 89 degrees 57 minutes 30 seconds West with the South line of said 0.619 acre tract and the North line of said City of Denton tract, along the North side of a concrete wall at 157.5 feet passing the apparent Northwest corner of the last mentioned City of Denton tract, same being the Northwest corner of the said 0.176 acre tract and continuing along said course in all a distance of 272.80 feet to the Place of Beginning and enclosing 0.620 of an acre land more or less, is commonly known as DCAD Property ID No. 36639. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0027a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidential2(NR-2)totheResidential1(R1)zoningdistrict anduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q),on approximately147.49acresofland,generallylocatedwestofMarshallRoadbetweenUS380andHampton Road,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingfora penaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability;andestablishing aneffectivedate.ThePlanningandZoningCommissionrecommendsapproval(6-0).(ZCI19-0027a,City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 2 (NR-2) to the Residential 1 (R1) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 147.49 acres of land, generally located west of Marshall Road between US 380 and Hampton Road, in the City of Denton, Denton Co zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (6-0). (ZCI19-0027a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 mprehensive plan. Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants municipa 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (6-0). 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. Proposed Zoning Map 9. Notification Map 10. Neighborhood Meeting Comment Cards 11. Public Hearing Notice Responses 12. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0027 City Initiated Zoning Changes (Area 27) City Council District 3 REQUEST: To change the zoning district and use classification for approximately 147.49 acres of land, generally located west of Marshall Road between US 380 and Hampton Road. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE DERDEN, JOSHUA & 27 21825 1912 N LARIAT RD Single-Family Detached Dwelling DOMINIQUE MURRAY, STACY & 27 21817 1907 CINDY LN Single-Family Detached Dwelling ANGELA 27 21820 FISHER, RICHARD J 3906 LARIAT RD Single-Family Detached Dwelling CANADA, JAMES F & 27 21816 1913 CINDY LN Single-Family Detached Dwelling REETA J 27 21892 CARR, PAUL W 3805 HAMPTON RD Single-Family Detached Dwelling 27 21868 GIBBONS, JOE D 1818 CINDY LN Single-Family Detached Dwelling 27 21774 LA FOND, JOYCE A 1906 CINDY LN Single-Family Detached Dwelling WEST, FLORENCE 27 21905 2005 MARSHALL RD Single-Family Detached Dwelling IDA PHILLIPS, TINA R & 27 21875 4007 HAMPTON RD Single-Family Detached Dwelling OCHOA, JUAN JOSE GOLSTON, DIANA 27 21895 MITER & ESTATE OF MARSHALL RD Undeveloped - Residential Land S WEBB GOLSTON DELGADO, JOSE 27 21814 2001 CINDY LN Single-Family Detached Dwelling SOTERO MULKEY, WALLACE 27 21760 2006 CINDY LN Single-Family Detached Dwelling DEAN KLEINKAUF, ROBERT 27 21826 1918 N LARIAT RD Single-Family Detached Dwelling W & JULIE L 27 21902 SANCHEZ, LORA 2007 MARSHALL RD Single-Family Detached Dwelling 27 21133 LA FOND, JOYCE A 1907 MARSHALL RD Undeveloped - Residential Land MAY, HAROLD E & 27 21763 LORETTA LIVING 2000 CINDY LN Single-Family Detached Dwelling TRUST SOLOMON, SCOTT H 27 21823 1906 N LARIAT RD Single-Family Detached Dwelling & BONNIE H GOLSTON, DIANA 27 21886 MITER & ESTATE OF 1913 MARSHALL RD Single-Family Detached Dwelling S WEBB GOLSTON SADEGHIAN, AMY J 27 21832 TR OF KAMY REAL 2019 N LARIAT RD Single-Family Detached Dwelling ESTATE TRUST 27 21767 MCADAMS, RUTH E 1912 CINDY LN Single-Family Detached Dwelling HEMPHILL, 27 21822 1900 N LARIAT RD Single-Family Detached Dwelling MICHAEL D CALVERY, DAVID W 27 21803 3818 W UNIVERSITY DR Single-Family Detached Dwelling & KELLY H CABALLERO, ISRAEL 27 21861 1907 N LARIAT RD Single-Family Detached Dwelling & NATALLA 27 21877 SMITH, JOHN B 2013 CINDY LN Single-Family Detached Dwelling MCREYNOLDS, 27 21897 4007 LARIAT RD Single-Family Detached Dwelling GLEN H, JR 27 21873 MILNER, ELMER R 4001 HAMPTON RD Single-Family Detached Dwelling KNOP, REBECCA 27 21904 2007 CINDY LN Single-Family Detached Dwelling LYNN REFUGE FOR 27 21833 2013 N LARIAT RD Single-Family Detached Dwelling WOMEN INC BOATLER, KEITH & 27 21812 3901 HAMPTON RD Single-Family Detached Dwelling SARAH CHILDERS, DENISE & 27 21811 3907 HAMPTON RD Single-Family Detached Dwelling MICHAEL HELDMAN, GARY & ROBBIE, TRS, GARY 27 21819 & ROBBIE 3900 LARIAT RD Single-Family Detached Dwelling HELDMAN LIV TRST,LIFE EST FOUST, JOHN E IV & 27 21870 3919 HAMPTON RD Single-Family Detached Dwelling DONNA 27 21862 MARTIN, GARY L 1901 N LARIAT RD Single-Family Detached Dwelling MCCRARY, BRENT & 27 21859 1913 N LARIAT RD Single-Family Detached Dwelling AMY 27 21752 POIROT, JAMES L 3801 HAMPTON RD Single-Family Detached Dwelling RIEGELMAN, 27 21887 3819 HAMPTON RD Single-Family Detached Dwelling NATALIE 27 21836 YEATTS, DALE 2001 N LARIAT RD Single-Family Detached Dwelling MYERS, MICHAEL D 27 21827 2000 N LARIAT RD Single-Family Detached Dwelling & CAROL E WINDSOR, JOHN C 27 21834 & O'NEILL-2007 N LARIAT RD Single-Family Detached Dwelling WINDSOR, EILEEN K BRIGGS, KEITH T & MILDRED J TRTS OF 27 21830 2006 N LARIAT RD General Agriculture BRIGGS FAMILY TRUST BRIGGS, KEITH T & MILDRED J TRTS OF 27 21829 2006 N LARIAT RD General Agriculture BRIGGS FAMILY TRUST KOENIG, THOMAS 27 21881 2013 MARSHALL RD Single-Family Detached Dwelling M & JENNIFER R KOENIG, THOMAS 27 21866 MARSHALL RD Undeveloped Residential Land M & JENNIFER R DECK, STEVEN & 27 21755 LINDA REVOCABLE 2012 CINDY LN General Agriculture LIVING TRUST RIEGELMAN, 27 21871 3913 HAMPTON RD Single-Family Detached Dwelling NATALIE 27 21838 MAINOUS, SANDRA 1919 N LARIAT RD Single-Family Detached Dwelling PAAGE LTD & PENSCO TRUST CO 27 220007 LLC CUSTODIAN FBO CINDY LN Undeveloped Residential Land RANDALL D SMITH IRA MCNEIL, MARGARET E TRTS 27 21831 2018 N LARIAT RD Single-Family Detached Dwelling OF MCNEIL LIVING TRUST RILEY, TONY A & 27 21781 3812 W UNIVERSITY DR Single-Family Detached Dwelling LINDA P PAAGE LTD & PENSCO TRUST CO 27 220007 LLC CUSTODIAN FBO CINDY LN Undeveloped Residential Land RANDALL D SMITH IRA HILPIRT, RODNEY & 27 21806 3918 W UNIVERSITY DR General Agriculture DEBORAH 27 21787 RILEY, LINDA PITNER 3806 W UNIVERSITY DR Single-Family Detached Dwelling MCCAGE, CRAIG A & 27 21899 4001 LARIAT RD Single-Family Detached Dwelling KIMBERLY R EILAND, KATHLEEN 27 21883 3919 LARIAT RD Single-Family Detached Dwelling QUIGLEY LEE, RONNIE T & 27 21809 3901 LARIAT RD Single-Family Detached Dwelling HEATHER N HILPIRT, RODNEY & 27 21805 3907 LARIAT RD Single-Family Detached Dwelling DEBORAH 27 21778 TIESZEN, MARTHA K 3850 TIESZEN ST Single-Family Detached Dwelling BURKE, JAMES K & 27 21891 3813 HAMPTON RD Single-Family Detached Dwelling ROSE A 27 21796 PEDEN, DONALD C 3807 LARIAT RD Single-Family Detached Dwelling LOREDO, PETE & 27 21878 3819 LARIAT RD Single-Family Detached Dwelling EVELIA WILEMON, JETT 27 21864 3818 LARIAT RD Single-Family Detached Dwelling KEITH & CHARYLCIE VARDAS, KEVIN J & 27 21799 3813 LARIAT RD Single-Family Detached Dwelling MELISSA D LOONEY, FLOYD & 27 21908 3806 LARIAT RD Single-Family Detached Dwelling ROBIN CROUCH, TIMOTHY 27 21105 C & MILNER, S 3800 LARIAT RD Single-Family Detached Dwelling CAMILLE KENNEY, DONALD S W/LIFE EST 27 21793 3801 LARIAT RD General Agriculture TRUSTEE KENNEY LIVING TRUST SIZE: 147.49 acres 2002 ZONING: Neighborhood Residential 2 (NR-2) 2019 ZONING: Residential 2 (R2) CITIZEN(S) REQUESTED ZONING: Residential 1 (R1) STAFF RECOMMENDATION: Residential 1 (R1) EXISTING USE(S): Single-Family Detached Dwelling and General Agriculture STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use R1 R2 Use-Specific Standard Single-Family Detached Dwelling P+ P+ 5.3.3A General Agriculture S+ 5.3.5A Dimensional Standards R1 R2 Minimum Lot Area 32,000 sq ft 16,000 sq ft Minimum Front Yard Setback 20 feet 20 feet Minimum Side Yard Setback 10 feet 10 feet Minimum Rear Yard Setback 10 feet 10 feet Maximum Building Height 40 feet 40 feet Maximum Building Coverage 30 percent 40 percent Notes: BACKGROUND: AREA PROPERTY ID EXISTING USE YEAR BUILT 27 21825 Single-Family Detached Dwelling 1970 27 21817 Single-Family Detached Dwelling 1970 27 21820 Single-Family Detached Dwelling 1970 27 21816 Single-Family Detached Dwelling 1970 27 21892 Single-Family Detached Dwelling 1974 27 21868 Single-Family Detached Dwelling 1962 27 21774 Single-Family Detached Dwelling 1970 27 21905 Single-Family Detached Dwelling 1970 27 21875 Single-Family Detached Dwelling 1960 27 21895 Undeveloped - Residential Land N/A 27 21814 Single-Family Detached Dwelling 1970 27 21760 Single-Family Detached Dwelling 1965 27 21826 Single-Family Detached Dwelling 1968 27 21902 Single-Family Detached Dwelling 1970 27 21133 Undeveloped - Residential Land N/A 27 21763 Single-Family Detached Dwelling 1970 27 21823 Single-Family Detached Dwelling 1970 27 21886 Single-Family Detached Dwelling 1970 27 21832 Single-Family Detached Dwelling 1964 27 21767 Single-Family Detached Dwelling 1965 27 21822 Single-Family Detached Dwelling 1975 27 21803 Single-Family Detached Dwelling 1955 27 21861 Single-Family Detached Dwelling 1969 27 21877 Single-Family Detached Dwelling 1970 27 21897 Single-Family Detached Dwelling 1965 27 21873 Single-Family Detached Dwelling 1963 27 21904 Single-Family Detached Dwelling 1970 27 21833 Single-Family Detached Dwelling 1970 27 21812 Single-Family Detached Dwelling 1970 27 21811 Single-Family Detached Dwelling 1983 27 21819 Single-Family Detached Dwelling 1965 27 21870 Single-Family Detached Dwelling 1954 27 21862 Single-Family Detached Dwelling 1987 27 21859 Single-Family Detached Dwelling 1965 27 21752 Single-Family Detached Dwelling 1963 27 21887 Single-Family Detached Dwelling 1970 27 21836 Single-Family Detached Dwelling 1963 27 21827 Single-Family Detached Dwelling 2001 27 21834 Single-Family Detached Dwelling 1964 27 21830 General Agriculture N/A 27 21829 General Agriculture N/A 27 21881 Single-Family Detached Dwelling 1970 27 21866 Undeveloped Residential Land N/A 27 21755 General Agriculture N/A 27 21871 Single-Family Detached Dwelling 1965 27 21838 Single-Family Detached Dwelling 1970 27 220007 Undeveloped Residential Land 0 27 21831 Single-Family Detached Dwelling 1979 27 21781 Single-Family Detached Dwelling 1969 27 220007 Undeveloped Residential Land N/A 27 21806 General Agriculture N/A 27 21787 Single-Family Detached Dwelling 1962 27 21899 Single-Family Detached Dwelling 1965 27 21883 Single-Family Detached Dwelling 1970 27 21809 Single-Family Detached Dwelling 2003 27 21805 Single-Family Detached Dwelling 1959 27 21778 Single-Family Detached Dwelling 2009 27 21891 Single-Family Detached Dwelling 1970 27 21796 Single-Family Detached Dwelling 1967 27 21878 Single-Family Detached Dwelling 1970 27 21864 Single-Family Detached Dwelling 1972 27 21799 Single-Family Detached Dwelling 1962 27 21908 Single-Family Detached Dwelling 1964 27 21105 Single-Family Detached Dwelling 1962 27 21793 General Agriculture N/A SITE DATA: The subject area is developed with Single-Family Detached Dwellings as part of the Ranch Estates neighborhood. The average size lot in the Ranch Estates neighborhood is 2.27 acres. A total of six parcels are less than 1 acre, 22 are between 1 and 2 acres, and the remaining 37 are between 2 and 3 acres. The area does contain FEMA and ESA designations. The FEMA (Floodway and Floodplain) and ESA (Floodplain) designations runs Hampton Road to US 380, through the middle of the neighborhood. The area has frontage on US 380, a primary arterial, to the south. Access to the Ranch Estates neighborhood is through several roads, Marshall Road and Cindy Lane from the south and Hampton Road from the west. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Residential Rural (RR) Zoning: Residential Rural (RR) Zoning: Residential Rural (RR) Use: General Agriculture Uses: General Agriculture Use: Single-family Detached Dwelling and General Agriculture West: East: Zoning: Light Industrial (LI) Zoning: Residential 2 (R2) SUBJECT PROPERTY Use: Single-family Detached Use: Single-family Detached Dwelling and General Dwelling and General Agriculture Agriculture Southwest: South: Southeast: Zoning: Light Industrial (LI) Zoning: Light Industrial (LI) Zoning: Mixed-Use Regional and General Office (GO) (MR) Use: US 380 Use: US 380 Use: US 380 PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 24 notices were sent to property owners within 200 feet of the subject property, 50 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 received five (5) responses in favor and one (1) response in opposition from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1. The subject area is developed with Single-Family Detached Dwellings as part of the Ranch Estates neighborhood. 2. The area has frontage on US 380, a primary arterial, to the south. Access to the Ranch Estates neighborhood is through several roads, Marshall Road and Cindy Lane from the south and Hampton Road from the west. 3. The Residential 1 (R1) is a more appropriate Zoning District for this area. 4. The purpose of the R1 Zoning District is intended to preserve existing single-family 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. 5. The average size lot in the Ranch Estates neighborhood is 2.27 acres. 6. A total of six parcels are less than 1 acre, 22 are between 1 and 2 acres, and the remaining 37 are between 2 and 3 acres. 7. The minimum lot area in the R2 is 16,000 square feet, while it is 32,000 square feet in the R1. 8. The maximum building coverage in the R2 is 40 percent, while it is 30 percent in the R1. 9. Staff attended a Ranch Estates neighborhood meeting on May 30, 2019. The citizens that attended the meeting were generally in approval of the proposed zoning change. Refer to Exhibit 10 Neighborhood Meeting Responses for notes from the citizens that attended the neighborhood meeting. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Neighborhood Residential 2 (NR-2) to the Residential 1 (R1) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 Area 27 Area 27 Site Location Notification Map MILLER TIESZEN I35 § ¨¦ 04208401,680 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/4/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area Area 27 Area 27 Future Land Use Map Notification Map MILLER Business Innovation TIESZEN Regional Mixed Use Industrial Commerce I35 § ¨¦ 04208401,680 Feet SITERegional Mixed Use Future Land Use µ Business Innovation Rural Areas Parcels Industrial Commerce Low Residential Roads Government / Institutional Moderate Residential Date: 6/4/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 27 Proposed Zoning Map RR PD-LI TIESZEN ST R2 R7 R2 380 £ ¤ LI GO MR 0140280560 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area Area 27 Area 27 Notification Map Notification Map MILLER TIESZEN I35 § ¨¦ 04208401,680 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/4/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0027.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL 2 (NR- 2) TO THE RESIDENTIAL 1 (R1) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18- 0009Q), ON APPROXIMATELY 147.49 ACRES OF LAND, GENERALLY LOCATED WEST OF MARSHALL ROAD BETWEEN US 380 AND HAMPTON ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING IAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0027) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Neighborhood Residential 2 (NR-2) to the Residential 1 (R1) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18- 0009q) on approximately 147.49 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 June 26, 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 6-0-1 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 2 (NR-2) to the Residential 1 (R1) 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 14, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1912 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21825. 2. Being Lot 9, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1907 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21817. 3. Being Lot 11, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3906 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21820. 4. Being Lot 8, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1913 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21816 5. Being the west portion of Lot 10 and the east portion of Lot 11 Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3805 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21892. 6. Being the MIDDLE PORTION of Block F, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1818 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21868. 7. Being Lot 17, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1906 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21774. 8. Being Lot 6, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2005 MARSHALL RD, Denton, Texas, is commonly known as DCAD Property ID No. 21905. 9. Being Lot 1, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 4007 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21875. 10. Being the south 125 feet of Lot 5, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1913 MARSHALL RD, Denton, Texas, is commonly known as DCAD Property ID No. 21895. 11. Being Lot 7, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2001 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21814. 12. Being Lot 14, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2006 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21760. 13. Being Lot 15, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1918 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21826. 14. Being Lot 7, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2007 MARSHALL RD, Denton, Texas, is commonly known as DCAD Property ID No. 21902. 15. Being Lot 4, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1907 MARSHALL RD, Denton, Texas, is commonly known as DCAD Property ID No. 21133. 16. Being Lot 15, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2000 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21763. 17. Being Lot 13, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1906 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21823. 18. Being the north 135 feet of Lot 5, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1913 MARSHALL RD, Denton, Texas, is commonly known as DCAD Property ID No. 21886. 19. Being the south 83 feet of Lot 2 and the north 195 feet of Lot 3, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2019 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21832. 20. Being Lot 16, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1912 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21767. 21. Being Lot 12, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1900 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21822. 22. Being the SOUTH PORTION of Block F, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3818 W UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 21803. 23. Being Lot 8, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1901 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21861. 24. Being Lot 5, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2013 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21877. 25. All that certain lot, tract or parcel of land in the William Bryan Survey, Abstract No. 148, Denton County, Texas, being a part of a certain tract of land conveyed by V.R. Clearman and wife Ellie, to Robert A. Nichols, recorded in Volume 415, Page546, Deed Records of Denton County, Texas, dated March 5, 1957 and being more particularly described as follows; BEGINNING at the southwest corner of Lot 8, in Block D, Ranch Estates, as per plat recorded distance of 60 feet to a point of beginning; THENCE in all 1.678 acres of land being known and designated as Lot 1, Block F, Ranch Estates Addition, Denton County, Texas, is commonly known as DCAD Property ID No. 21897. 26. Being the north 217 feet of Lot 2, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 4001 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21873. 27. Being Lot 6, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2007 CINDY LN, Denton, Texas, is commonly known as DCAD Property ID No. 21904. 28. Being the south 65 feet of Lot 3 and the north 130 feet of Lot 4, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2013 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21833. 29. Being Lot 4, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3901 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21812. 30. Being Lot 3, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3907 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21811. 31. Being Lot 10, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3900 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21819. 32. Being Lot 1, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3919 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21870. 33. Being Lot 9, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1901 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21862. 34. Being Lot 7, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1913 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21859. 35. Being a portion of Lot 9 and a portion of Lot 10, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3801 Hampton Rd., Denton, Texas, is commonly known as DCAD Property ID No. 21752. 36. Being the northwest portion of Lot 12, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3819 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21887. 37. Being the south 195 feet of Lot 5, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2001 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21836. 38. Being Lot 16, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2000 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21827. 39. Being a portion of Lot 4 and a portion of Lot 5, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2007 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21834. 40. Being Lot 18, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2006 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21830. 41. Being Lot 17, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2006 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21829. 42. Being the southeast portion of Lot 8, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2013 MARSHALL RD, Denton, Texas, is commonly known as DCAD Property ID No. 21881. 43. Being the north 17.5 feet of Lot 8 the south 55 feet of Lot 9 and the south 55 feet of Lot 10, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas, is commonly known as DCAD Property ID No. 21866. 44. Being all of Lot 13 and portions of Lots 8, 10, 11, and 12, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2012 Cindy Lane, Denton, Texas, is commonly known as DCAD Property ID No. 21755. 45. Being Lot 2, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3913 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21871. 46. Being Lot 6, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 1919 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21838. 47. Being a southeast portion of Lot 7, Block E, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas, is commonly known as DCAD Property ID No. 220007. 48. Being Lot 19, Block C, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 2018 N LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21831. 49. Being Lot 1, Block A, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3812 W UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 21781. 50. Being a southeast portion of Lot 7, Block E, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas, is commonly known as DCAD Property ID No. 220007. 51. Being a portion of Block E, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3918 W. UNIVERSITY DR., Denton, Texas, is commonly known as DCAD Property ID No. 21806. 52. Being a portion of Lot 2 and a portion of Lot 3, Block A, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3806 W UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 21787. 53. Being Lot 2, Block E, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 4001 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21899. 54. Being Lot 3, Block E, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3919 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21883. 55. Being Lot 1, Block A, of the MILNER-CROUCH RANCH ESTATES, as recorded by Instrument No. 2002-26188, Plat Records, Denton County, Texas. Also being the same property addressed at 3901 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21809. 56. Being the east portion of Lot 4, Block D, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3907 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21805. 57. Being Lot 18, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3850 TIESZEN ST, Denton, Texas, is commonly known as DCAD Property ID No. 21778. 58. Being the west portion of Lot 11 and the east portion of Lot 12 Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3813 HAMPTON RD, Denton, Texas, is commonly known as DCAD Property ID No. 21891. 59. Being Lot 5, Block A, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3807 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21796. 60. Being the NORTH PORTION of Block F, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3819 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21878. 61. Being Lot 1, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3818 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21864. 62. Being Lot 6, Block A, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3813 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21799. 63. Being Lot 2, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3806 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21908. 64. Being Lot 3, Block B, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3800 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21105. 65. Being Lot 4, Block A, of the RANCH ESTATES, as recorded in Volume 2, Page 228, Plat Records, Denton County, Texas. Also being the same property addressed at 3801 LARIAT RD, Denton, Texas, is commonly known as DCAD Property ID No. 21793. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0028a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromRegionalCenterCommercialNeighborhood(RCC-N)andRegionalCenter CommercialDowntown(RCC-D)totheHighwayCorridor(HC)zoningdistrictanduseclassificationdefined underthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q),onapproximately87.62acresofland, generallylocatedwestofI-35betweenLoop288andUS380,intheCityofDenton,DentonCounty,Texas; amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverability;andestablishinganeffectivedate.ThePlanningandZoning Commission recommends approval (7-0). (ZCI19-0028a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 87.62 acres of land, generally located west of I-35 between Loop 288 and US 380, in the in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0028a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Responses 11. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0028 City Initiated Zoning Changes (Area 28) City Council District 3 REQUEST: To change the zoning district and use classification for approximately 87.62 acres of land, generally located west of I-35 between Loop 288 and US 380. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE ANGEL HOSPITALITY Holiday Inn Express & Suites 28 613626 4485 I35 DENTON LLC Denton - Hotel WESTGATE Commercial - Parking Lot as 28 43524 PROPERTIES LP Principal Use 24/7 XPRESWAY - Automotive 28 34524 KALYAN'S, INC 4001 N I35 Fuel Sales MARUTI JALARAM 28 34521 4125 N I35 Motel 6 - Motel LLC RV LAND RV Super Center - Automotive 28 256750 ACQUISITION LP Sales or Leasing WAFFLE HOUSE INC 28 86234 3113 BANDERA ST Waffle House - Restaurant #467 PALLISTER, TERRY & Mary Me - Commercial General 28 43507 4309 N I35 KIM Retail WESTGATE Commercial - Parking Lot as 28 43476 4405 N I35 PROPERTIES LP Principal Use CALTEX EQUITIES 28 34526 4007 N I35 Denny's - Restaurant P/S WoodSpring Suites Denton - 28 310872 FIVE VP TEXAS LP 4505 N I35E Hotel HARRIS, ROBERT 28 168122 N I35 General Agriculture WOODSON HARRIS, RICHARD A, 28 168121 N I35 General Agriculture JR HARRIS, ROBERT W 28 563770 HERITAGE TRUST General Agriculture ETAL HARRIS, ROBERT W 28 40834 HERITAGE TRUST N I35 General Agriculture ETAL L & B 28 133609 4310 MESA DR Medical Center - Medical Office INVESTMENTS, LLC Days Inn by Wyndham Denton - 28 86868 PACE HOTELS LLC 4211 N I35 Hotel Rhino Steel Building Systems - BB RHINO Commercial - Administrative, 28 86874 4305 N I35 PROPERTIES, LLC Professional, and Government Office HEALTH SERVICES Health Services of North Texas - 28 133610 OF NORTH TEXAS 4308 MESA DR Medical Office FOUNDATION HEALTH SERVICES Health Services of North Texas - 28 693328 OF NORTH TEXAS, 4304 MESA DR Medical Office/Undeveloped INC. Commercial Land 28 86867 PACE HOTELS LLC 4200 MESA DR Undeveloped - Commercial Land DENTON JOINT Millennium Shell - Automotive 28 34522 3114 W UNIVERSITY DR PROPERTIES LLC Fuel Sale 28 220665 WOLF RIDGE LP P/S 3112 W UNIVERSITY DR Undeveloped - Commercial Land RV LAND 28 256751 Undeveloped - Commercial Land ACQUISITION LP WESTGATE Commercial Parking Lot as 28 34533 4405 N I35 PROPERTIES LP Principal Use SKR INVESTMENTS Denton Orthopedic Therapy 28 86866 4210 MESA DR LLC Center - Medical Office AAKASH 28 528421 4050 MESA DR Comfort Inn Near UNT - Hotel ENTERPRISE LLC INSPIRE DENTON Red Roof Inn & Suites Denton - 28 528420 3116 BANDERA ST HOSPITALITY LLC Hotel HARRIS, LISA J 28 131802 N I35 General Agriculture INVESTMENT TRUST 28 220664 WOLF RIDGE LP P/S 3112 W UNIVERSITY DR - General Retail SINGLE TENANT 28 34525 4005 N I35 Unknown REALTY I LTD STROUD, J LAYTHAN Dairy Queen - Restaurant with 28 39347 3110 W UNIVERSITY DR & NANCY Drive Through ANGEL HOSPITALITY La Quinta Inn & Suites by 28 613627 4465 I35 DENTON LLC Wyndham Denton - Hotel CITY SCENE Abilitrees Montessori Day 28 43505 3118 LOS COLINAS ST ENTERPRISES, LLC Care, Adult or Child Vacant Building Commercial COCONUT 28 34517 4201 N I35 Administrative, Professional, PROPERTIES LLC and Government Office North Point Center - WESTGATE 28 75281 4401 N I35 Administrative, Professional, PROPERTIES LP and Government Office HARRIS, ROBERT W 28 563769 HERITAGE TRUST General Agriculture ETAL ZIMMERER DENTON 28 34516 4701 N I35 Undeveloped, Commercial Land LLC WILBARGER STREET, Rental One - Equipment Sales 28 613725 5201 N I35E (FRONTAGE) LP and Rental RV LAND I-35 RV Super Center 28 247760 4901 N I35 ACQUISITION LP Automotive Sales and Leasing HARRIS, RICHARD A, 28 168147 N I35 General Agriculture JR HARRIS, RICHARD A 28 744763 III INVESTMENT Unknown TRUST RV LAND 28 623616 Undeveloped, Commercial Land ACQUISITION LP HARRIS, ROBERT W 28 34437 HERITAGE TRUST N I35 General Agriculture ETAL HARRIS, RICHARD A 28 161803 JR HERITAGE TRUST 5801 N I35 General Agriculture ETAL HARRIS, LISA J 28 744711 Unknown INVESTMENT TRUST SALVAGING TEENS AT RISK INC D/B/A North Texas Collegiate Academy 28 87582 4601 S I35 THE EDUCATION - School Private CENTER THE ROCKLIN-Camping World of Denton - 28 160306 5209 N I35 DENTON GROUP P/S Parts and Accessories - General Retail HARRIS, ROBERT 28 168148 N I35 General Agriculture WOODSON SIZE: 87.62 acres 2002 ZONING: Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) 2019 ZONING: Mixed-Use Regional (MR) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Highway Corridor (HC) EXISTING USE(S): Hotel, Parking Lot as Principal Use, Automotive Fuel Sales, Motel, Automotive Sales or Leasing, Restaurant, General Retail, General Agriculture, Medical Office, Administrative, Professional, and Government Office, Restaurant with Drive Through, Day Care, Adult or Child, Equipment Sales and Rental, Private School STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MR HC Use-Specific Standard Hotel P P Motel P P Automotive Fuel Sales P+ P+ 5.3.5U Automotive Sales or Leasing P Parking Lot as Principal Use P P Restaurant P P 5.3.5I Restaurant with Drive Through P+ P+ 5.3.5J General Agriculture Medical Office P+ P 5.3.4H Administrative, Professional, and P P 5.3.5K Government Office Day Care, Adult or Child P P 5.3.4B Equipment Sales and Rental S+ 5.3.5Y Private School P P Dimensional Standards MR HC Minimum Lot Area None 10,000 sq ft Minimum Front Yard Setback None 20 feet Minimum Side Yard Setback None \[1\] 10 feet \[1\] Minimum Rear Yard Setback None \[1\] 15 feet \[1\] Maximum Building Height 100 feet \[1\] \[2\] 100 feet \[1\] \[2\] Maximum Building Coverage 90 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Additional height may be allowed with a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT Holiday Inn Express & Suites 28 2009 Denton-UNT-TWU - Hotel Commercial - Parking Lot as 28 N/A Principal Use 24/7 XPRESWAY - Automotive 28 1993 Fuel Sales 28 Motel 6 - Motel 1975 RV Super Center - Automotive 28 Unknown Sales or Leasing 28 Waffle House - Restaurant 1983 Mary Me - Commercial General 28 1976 Retail Commercial - Parking Lot as 28 N/A Principal Use 28 Denny's - Restaurant Unknown WoodSpring Suites Denton - 28 Unknown Hotel 28 General Agriculture N/A 28 General Agriculture N/A 28 General Agriculture N/A 28 General Agriculture N/A 28 Medical Center - Medical Office 1983 Days Inn by Wyndham Denton - 28 1983 Hotel Rhino Steel Building Systems - Commercial - Administrative, 28 2002 professional, and Government Office Health Services of North Texas - 28 1986 Medical Office Health Services of North Texas - 28 Medical Office/Undeveloped 2016 Commercial Land 28 Undeveloped - Commercial Land N/A Millennium Shell - Automotive 28 2002 Fuel Sale 28 Undeveloped - Commercial Land N/A 28 Undeveloped - Commercial Land N/A Commercial Parking Lot as 28 N/A Principal Use Denton Orthopedic Therapy 28 1984 Center - Medical Office 28 Comfort Inn Near UNT - Hotel 2007 Red Roof Inn & Suites Denton - 28 1978 Hotel 28 General Agriculture N/A - Sexually 28 Oriented Business / General Unknown Retail 28 Unknown 2003 Dairy Queen - Restaurant with 28 1973 Drive Through La Quinta Inn & Suites by 28 2009 Wyndham Denton - Hotel Abilitrees Montessori Day 28 1989 Care, Adult or Child Vacant Building Commercial 28 Administrative, Professional, 1983 and Government Office North Point Center - 28 Administrative, Professional, 1982 and Government Office 28 General Agriculture N/A 28 Undeveloped, Commercial Land N/A Rental One, Equipment Sales 28 2008 and Rental I-35 RV Super Center 28 Unknwon Automotive Sales and Leasing 28 General Agriculture N/A 28 Unknown N/A 28 Undeveloped, Commercial Land N/A 28 General Agriculture N/A 28 General Agriculture N/A 28 Unknown N/A North Texas Collegiate Academy 28 1983 - School Private Camping World of Denton - 28 Parts and Accessories - General 1990 Retail 28 General Agriculture N/A SITE DATA: The subject area is developed with a mix of commercial uses. The area does not include the parcels west of the area because the parcels contain more intense existing uses. A different, more intense zoning than MR for these parcels may be considered at a later time. The area does not contain any FEMA or ESA designations. The area has primary frontage along I-35, to the east. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Mixed-Use Regional Zoning: Mixed-Use Regional Zoning: Planned Development (MR) (MR) (PD) Use: Single-family Detached Uses: Single-family Detached Use: I-35 Dwelling, General Agriculture Dwelling and Undeveloped and Undeveloped West: East: Zoning: Light Industrial (LI), Zoning: Mixed-Use Mixed-Use Regional (MR) and Neighborhood (MN) and Planned Development (PD) Residential 3 (R3) SUBJECT PROPERTY Use: General Retail, Medium Use: I-35 and Single-family Impact Manufacturing, and Detached Dwelling Veterinary Clinic Southwest: South: Southeast: Zoning: Light Industrial (LI) Zoning: Light Industrial (LI) Zoning: Rayzor Ranch Overlay and Mixed-Use Regional (MR) District (RROD) Use: US 380 Use: US 380 Use: I-35 and Rayzor Ranch Development PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 30 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 analysis, staff received one (1) response in favor and no response in opposition from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1. The subject area is developed with a mix of commercial uses. 2. The area has primary frontage along I-35, to the east. 3. The subject area is designated in the Future Land Use Map as Business Innovation. 4. Business Innovation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus-like or corporate park setting that may include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation is proposed throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future development may build from this proximity and create a critical mass for economic development. The mixed-use nature of these areas will ensure that employment areas will be benefit from complementary retail and services throughout the day. 5. Most of the existing uses are permitted in both the MR and HC Zoning Districts. Although changing the zoning to HC will not change the status of the those uses - it will make the zoning of the area consistent with the surrounding environment, providing supporting and complementary retail and services. 6. The purpose of the HC Zoning District is intended to provide high-intensity commercial -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. 7. Examples of uses that are not allowed in the MR, but are allowed by right in the HC include Building Materials and Supply Store, Automotive Sales or Leasing, Equipment Sales and Rental, and Travel Plaza. 8. Multifamily Dwelling is allowed with a Specific Use Permit (SUP) in the HC, but are allowed by right in the MR. RECOMMENDATION: Staff recommends approval of 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. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 28 Site Location £ ¤ BAUER TIESZEN 04509001,800 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 28 Future Land Use Map £ ¤ Business Innovation Low Residential BAUER Parks TIESZEN Moderate / Open Residential Space Industrial Commerce Regional Mixed Use 04509001,800 Feet SITEBusiness Innovation Future Land Use Rural AreasCommercial µ Parcels Industrial Commerce Low Residential Roads Government / Institutional Moderate Residential Parks / Open Space Regional Mixed Use Neighborhood Mixed Use Date: 6/3/2019 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 28 Proposed Zoning Map MR WESTGATE DR R2 PD PF RR MN 35 § ¨¦ R4 R6 R7 PD-LI HI R3 MR R2RRO R7 HC SC 380 £ ¤ 380 £ ¤ LI GO 03356701,340 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 28 Notification Map £ ¤ BAUER TIESZEN 04509001,800 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0028.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 87.62 ACRES OF LAND, GENERALLY LOCATED WEST OF I-35 BETWEEN LOOP 288 AND US 380, 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. (ZCI19-0028) 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 87.62 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Regional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial Downtown (RCC-D) to the Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The y 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 E. Drake, Jr. Exhibit A 1. Being Lot 1, Block 1, of the NEWCREST ADDITION, as recorded in Cabinet Y, Page 782, Plat Records, Denton County, Texas. Also being the same property addressed at 4485 I35, Denton, Texas, is commonly known as DCAD Property ID No. 613626. 2. Being Lot 4A, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Cabinet C, Page 17, Plat Records, Denton County, Texas. Also being the same property addressed at, Denton, Texas, is commonly known as DCAD Property ID No. 43524. 3. BEING a 0.632 acre tract situated in the F. Batson Survey, Abstract No. 43, in the City of Denton, Denton County, Texas, and being apportion of that certain tract of land described by deed to Saadia, LLC, as recorded in Document No. 2010-78978, of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described as follows: BEGINNING at 1/2 inch iron rod found for the northwest comer of the herein described tract, same being in the east line of Lot 1, Section 1 of Freeway Park Subdivision, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet C, Page 148, of the Plat Records of Denton County, Texas (P.R.D.C.T.), same being in the south line of Bandera Street (a variable width right-of-way), same point from which the northeast corner of said Lot 1 bears North 17 degrees 51 minutes 36 seconds West, a distance of 6.02 feet; THENCE North 73 degrees 00 minutes 06 seconds East, with the south line of said Bandera Street, a distance of 163.27 feet to a "PK" nail found in asphalt for corner, same being the northwest corner of that certain tract of land described by Right-of-way Deed to the State of Texas for N. Interstate Highway 35 expansion purposes, as recorded in Document No. 2014- 72015, R.P.R.D.C.T., same from which a 1/2 inch brass capped iron rod found stamped "GULF OIL COMPANY" found for the northeast comer of said Right-of-way deed bears North 73 degrees 00 minutes 06 seconds East, a distance of 1.09 feet; THENCE South 16 degrees 23 minutes 52 seconds East, with the west line of said N. Interstate Highway 35 Right-of-way deed, a distance of 225.86 feet to an "X" found in concrete for comer, same being in the northeast line of Lot 2 of Freeway Triangle Subdivision, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet J, Page 338, P.R.D.C.T., same point from which the common easterly corner of said Right-of-way deed and the northernmost northeast corner of said Freeway Triangle Subdivision bears South 72 degrees 32 minutes 54 seconds East, a distance of 1.30 feet; THENCE North 72 degrees 17 minutes 58 seconds West, with the northeast line of said Freeway Triangle Subdivision, a distance of 193.59 feet to a 'l2 inch capped iron rod stamped "ARTHUR SURVEYING COMPANY" set for comer, same being the southeast comer of said Freeway Park Subdivision; THENCE North 17 degrees 51 minutes 36 seconds West, with the east line of said Freeway Park Subdivision, a distance of 115.65 feet to the POINT OF BEGINNING and containing a total of 0.632 acres of land, more or less, and being subject to any and all easements that may affect, is commonly known as DCAD Property ID No. 34524. 4. Being Lot 2, Block 1, of the RINKER SUBDIVISION, as recorded in Volume 7, Page 50, Plat Records, Denton County, Texas. Also being the same property addressed at 4125 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 34521. 5. Being all that certain tract or parcel of land lying and being situated in the B.B.B. & C.R.R. Survey, Abstract Number 141, and being part of the tract of land described in the deed to David Angel, recorded in Volume 3158 , Page 372 of the Real Property Records, Denton County, Texas; Beginning at a found iron pin on the west line of Lot 1, Block A, of I-35 RV Center as shown by the plat thereof recorded in Cabinet U, Page 542 of the Plat Records of Denton County, Texas, said pin being South 00 degrees 15 minutes 00 seconds West, a distance of 60.56 feet from a found iron pin at the northwest corner of said Lot 1; Thence South 00 degrees 15 minutes 00 seconds West with the west line of the I-35 RV Center a distance of 338.00 feet to a set iron pin in the west line of a tract of land described in the deed to Mary Bess Miller and J.A. Hiller recorded under Clerks File No. 99-R0001B72 of the Real Property Records of Denton County, Texas; Thence South 89 degrees 50 minutes 00 seconds West a distance of 257.95 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849": Thence North 00 degrees 18 minutes 00 seconds East a distance of 338.00 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849"; Thence North 89 degrees 50 minutes 00 seconds East a distance of 257.65 feet to the point of beginning and containing 2.00 acres of land, is commonly known as DCAD Property ID No. 256750. 6. Being Lot 1, of the FREEWAY PARK ADDITION, as recorded in Volume 1, Page 64, Plat Records, Denton County, Texas. Also being the same property addressed at 3113 BANDERA ST, Denton, Texas, is commonly known as DCAD Property ID No. 86234. 7. Being Lot 2A, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Volume 6, Page 46, Plat Records, Denton County, Texas. Also being the same property addressed at 4309 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 43507. 8. Being Lot 4, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Volume 6, Page 46, Plat Records, Denton County, Texas. Also being the same property addressed at 4405 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 43476. 9. Being Lot 1, Block 1, of the RINKER SUBDIVISION, as recorded in Volume 7, Page 50, Plat Records, Denton County, Texas. Also being the same property addressed at 4007 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 34526. 10. Being Lot 1, Block A, of the VALPLACE DENTON ADDITION, as recorded in Cabinet X, Page 656, Plat Records, Denton County, Texas. Also being the same property addressed at 4505 N I35E, Denton, Texas, is commonly known as DCAD Property ID No. 310872. 11. A tract of land situated in the BBB & CRR SURVEY, ABSTRACT NUMBER 141 and in the N.WADE SUVERY, ABSTRACT NUMBER 1407, located in the City of Denton, Denton County Texas, being a portion of a 7.937 acre tract of land described in a deed to Robert W. Harris recorded as Instrument Number 1993-43112, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 457 feet to a point for a corner; THENCE West, a distance of 623 feet to a point for a corner; THENCE North, a distance of 458 feet to a point for a corner; THENCE East, a distance of 599 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID Nos. 168122 and 168148. 12. A tract of land situated in the BBB & CRR SURVEY, ABSTRACT NUMBER 141 and in the N.WADE SUVERY, ABSTRACT NUMBER 1407, located in the City of Denton, Denton County Texas, being a portion of an 8.0 acre tract of land described in a deed to Robert Woodson Harris recorded as Instrument Number 2012-139304, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 90 feet to a point for a corner; THENCE West, a distance of 543 feet to a point for a corner; THENCE North, a distance of 84 feet to a point for a corner; THENCE East, a distance of 415 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID Nos. 168121 and 168147. 13. A tract of land situated in the BBB & CRR SURVEY, ABSTRACT NUMBER 141 and in the N.WADE SUVERY, ABSTRACT NUMBER 1407, located in the City of Denton, Denton County Texas, being a portion of an 8.0 acre tract of land described in a deed to Robert Woodson Harris recorded as Instrument Number 2012-139304, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 825 feet to a point for a corner; THENCE West, a distance of 600 feet to a point for a corner; THENCE North, a distance of 824 feet to a point for a corner; THENCE East, a distance of 542 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID Nos. 40834, 563770, 563769, and 34437. 14. Being Lot 2E-1, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Cabinet F, Page 168, Plat Records, Denton County, Texas. Also being the same property addressed at 4310 MESA DR, Denton, Texas, is commonly known as DCAD Property ID No. 133609. 15. Being Lot 2D, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Cabinet C, Page 149, Plat Records, Denton County, Texas. Also being the same property addressed at 4211 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 86868. 16. Being Lot 2F, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Cabinet C, Page 268, Plat Records, Denton County, Texas. Also being the same property addressed at 4305 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 86874. 17. Being Lot 2E-2, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Cabinet F, Page 168, Plat Records, Denton County, Texas. Also being the same property addressed at 4308 MESA DR, Denton, Texas, is commonly known as DCAD Property ID No. 133610. 18. Being Lot 2R, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded by Instrument No. 2016-2093, Plat Records, Denton County, Texas. Also being the same property addressed at 4304 MESA DR, Denton, Texas, is commonly known as DCAD Property ID No. 693328. 19. Being Lot 2C, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Cabinet C, Page 149, Plat Records, Denton County, Texas. Also being the same property addressed at 4200 MESA DR, Denton, Texas, is commonly known as DCAD Property ID No. 86867. 20. BEING a 0.523 acre tract of land situated in the F. Batson Survey, Abstract Number 43, City of Denton, Denton County, Texas, being that same (called) 0.535 acre tract described by deed to Zahir W. Chaudhary, Munzoor A. Mian and Safia Chaudhary, as recorded under Instrument Number 2005-55223, of the Real Property Records of Denton County, Texas (R.P.R.D.C.T.), SAVE AND EXCEPT that portion thereof described by deed to the State of Texas, as recorded under Instrument Number 2010-17442, R.P.R.D.C.T., the 0.523 acre remainder being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the northwest comer of the herein described tract, same being the southwest comer of Lot 2, in Block A, of Metzlers Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof, as recorded in Cabinet R, Page 235, of the Plat Records of Denton County, Texas, also being in the east line of Mesa Drive; THENCE South 89 degrees 02 minutes 23 seconds East, passing the southeast comer of said Lot 2, same being the most westerly southwest corner of Lot 1, in said Block A, continuing on said course for a total distance of 138.87 feet to a 3/8 inch iron rod found for corner, same being an angle point in the south line of said Lot 1; THENCE South 88 degrees 57 minutes 51 seconds East, with the south line of said Lot l, a distance of 34.50 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" set for comer, same being an ell corner of said Lot 1; THENCE South 11 degrees I I minutes 4 7 seconds East, with the most southerly west line of said Lot 1, passing the most southerly corner thereof, continuing on said course for a total distance of 127.30 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" set for corner, said point being in the north line of U.S. Highway 380 (A/KIA West University Drive); THENCE North 89 degrees I 0 minutes 25 seconds West, with the north line of said U.S. Highway 380, a distance of 168.83 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" set for corner, same being the most easterly comer of said State of Texas tract, said point being South 89 degrees 10 minutes 25 seconds East, a distance of 31.29 feet from a 1/2 inch iron rod found for the southwest corner of said State of Texas tract, same being the southwest comer of said Chaudhary tract; THENCE North 43 degrees 38 minutes 54 seconds West, with the northeast line of said State of Texas tract, a distance of 44.58 feet to an "X" cut found in concrete for comer, same being the most northerly corner of said State of Texas tract, also being in the east line of said Mesa Drive; THENCE North 00 degrees 56 minutes 07 seconds East, with the east line of said Mesa Drive, a distance of 93.t 5 feet to the POINT OF BEGINNING and containing 0.523 acre of land, more or less, is commonly known as DCAD Property ID No. 34522. 21. Being Lot 2, Block A, of the METZLERS ADDITION, as recorded by Instrument No. 2000- 12928, Plat Records, Denton County, Texas. Also being the same property addressed at 3112 W UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 220665. 22. All that certain tract or parcel of land lying and being situated in the B.B.B. & C.R.R. Survey, Abstract No. 141, and being part of the tract of land described in the deed to David Angel recorded in Volume 3158, Page 372, of the Real Property Records Denton County, Texas: Commencing at a found iron pin on the west line of Lot 1, Block A of 1·35 RV Center as shown by the plat thereof recorded in Cabinet U, Page 542 of the Plat Records of Denton County, Texas, said pin being South 00 degrees 15 minutes 00 seconds West, a distance of 60.56 feet from a found iron pin at the northwest corner of said Lot 1; Thence South 00 degrees 15 minutes 00 seconds West with the west line of the 1·35 RV Center a distance of 338.00 feet to a set iron pin in the west line of a tract of land described in the deed to Mary Bess Miller and J.A. Miller recorded in County Clerks File No. 99- R0001872 of the Real Property Records of Denton County, Texas, being the point of beginning of the herein described tract; Thence South 00 degrees 15 minutes 00 second West with the west line of said Miller tract a distance of 337.60 feet to a set iron pin with a yellow plastic cap stamped Metroplex 1849" in the west line said Miller tract; Thence South 89 degrees 50 minutes 00 seconds West a distance of 258.24 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849"; Thence North 00 degrees 18 minutes 00 seconds East a distance of 337.60 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849"; Thence North 89 degrees 50 minutes 00 seconds East a distance of 257.95 feet to the point of beginning and containing 2.00 acres of land, is commonly known as DCAD Property ID No. 256751. 23. A tract of land situated in the F. Batson Survey, Abstract Number 43, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to Westgate Properties, L.P. recorded in Volume 5364, Page 3298, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point for the southeast corner of a portion of the remainder of a tract of land to Westgate Properties, L.P. by deed recorded in Volume 5364, Page 3298, Deed Records, Denton County, Texas, same being the most easterly northeast corner of Lot 3, Block A, of the Freeway Park Subdivision, an addition to the City of Denton, Denton County, Texas, recorded in Cabinet C, Page 17, Plat Records, Denton County, Texas. Same being in the west right-of- - 2 feet to a point for a corner; nt for a corner; the east line of Medical Center Addition, as recorded in Cabinet F, Page 349, Plat Records, Denton County, Texas; ong the east line of said Medical Center Addition, a distance of 375.48 feet to a point for a corner, and being the southwest corner of Lot 2, Block 1, of the Newcrest Addition, being recorded in Cabinet Y, Page 784, Plat Records, Denton County, Texas; TH point for a corner, being the southeast corner of said Lot 2 and being on the west line of said I-35; THENCE Southerly, along the west line of said I-35, a distance of 312.59 feet to a point for a corner; -35, a distance of 31.63 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 34533. 24. Being Lot 2B, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Cabinet C, Page 149, Plat Records, Denton County, Texas. Also being the same property addressed at 4210 MESA DR, Denton, Texas, is commonly known as DCAD Property ID No. 86866. 25. Being Lot 4, Block 1, of the RINKER SUBDIVISION, as recorded in Cabinet X, Page 950, Plat Records, Denton County, Texas. Also being the same property addressed at 4050 MESA DR, Denton, Texas, is commonly known as DCAD Property ID No. 528421. 26. Being Lot 3R, Block 1, of the RINKER SUBDIVISION, as recorded in Volume 7, Page 50, Plat Records, Denton County, Texas. Also being the same property addressed at 3116 BANDERA ST, Denton, Texas, is commonly known as DCAD Property ID No. 528420. 27. A tract of land situated in the BBB & CRR SURVEY, ABSTRACT NUMBER 141 and in the N.WADE SUVERY, ABSTRACT NUMBER 1407, located in the City of Denton, Denton County Texas, being a portion of an 8.0 acre tract of land described in a deed to Lisa J. Harris Investment Trust dated October 26, 2017 Lisa J. Harris, Trustee, and recorded as Instrument Number 2018-118132, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of said 8.0 acre tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 500 feet to a point for a corner being the southeast corner of said 8.0 acre tract; THENCE West, along the South line of said 8.0 tract, a distance of 538 feet to a point for a corner; THENCE North, a distance of 503 feet to a point for a corner being on the north line of said 8.0 acre tract; THENCE East, along the North line of said 8.0 acre tract, a distance of 512 feet to the POINT OF BEGINNING and Containing 6 acres of land more or less, is commonly known as DCAD Property ID Nos. 131802 and 744711. 28. Being Lot 1, Block A, of the METZLERS ADDITION, as recorded by Instrument No. 2000- 12928, Plat Records, Denton County, Texas. Also being the same property addressed at 3112 W UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 220664. 29. Being Lot 1, Block A, of the STEPHEN & GARY MARTIN ADDITION, as recorded by Instrument No. 1997-24927, Plat Records, Denton County, Texas. Also being the same property addressed at 4005 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 34525. 30. Being Lot 2, of the FREEWAY TRIANGLE ADDITION, as recorded in Volume 13, Page 37, Plat Records, Denton County, Texas. Also being the same property addressed at 3110 W UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 39347. 31. Being Lot 2, Block 1, of the NEWCREST ADDITION, as recorded in Cabinet Y, Page 784, Plat Records, Denton County, Texas. Also being the same property addressed at 4465 I35, Denton, Texas, is commonly known as DCAD Property ID No. 613627. 32. Being Lot 1, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Volume 6, Page 46, Plat Records, Denton County, Texas. Also being the same property addressed at 4201 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 43505. 33. Being Lot 2A, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Volume 6, Page 46, Plat Records, Denton County, Texas. Also being the same property addressed at 4201 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 34517. 34. Being Lot 3, Block A, of the FREEWAY PARK SECTION 2 ADDITION, as recorded in Cabinet C, Page 17, Plat Records, Denton County, Texas. Also being the same property addressed at 4401 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 75281. 35. A tract of land situated in the FRANCIS BATSON SURVEY, ABSTRACT NUMBER 43, located in the City of Denton, Denton County Texas, being the remainder of a tract of land described in A deed to Bess Miller as Trustee of the Bess Miller Survivor's Trust, and recorded as Instrument Number 2012-18135, Real Property Records, Denton County Texas. The exterior boundary of said tract of land is described as follows: BEGINNING at a ½" iron rod found being in the West line of the Francis Batson Survey and being the Northwest corner of Lot 1, Block 1, of the Lifemark Recovery Center Addition, an addition to The City of Denton, and recorded in Cabinet C, Page 287, of the Plat records of Denton County Texas and being the Point of Beginning; THENCE N 00°37'38" E along the East line of lands described in A deed to Matthew G. Turner as recorded under Document # 2008-108642 of the Real Property Records of Denton County Texas, 3 feet Being the Southeast corner of a tract of land described in a deed to R. V. Land Acquisition L.P. a Texas Limited Partnership and Recorded under Document# 2003-R0155061 of the Real Property Records of Denton County Texas, and continuing, in all, A total distance of 1052.78 feet to the Southwest comer of a tract of land described in a deed to RV Land Aquistion, as recorded in Document Number 2012-26207 Real Property Records of Denton County, found; THENCE S 89°53'48" E along the South line of said tract of land A distance of 292.44 feet to the West Right-of-Way of Interstate 35E and marked by a capped iron rod set stamped EAGLE SURVEYING; THENCE S 03°20'24" E along said right of way a distance of 1054.43 feet to the Northeast corner of Lot One, Block One, of Lifemark Recovery Center Addition, an addition to the City of Denton, as recorded in Cabinet C, Page 287, of the Plat records of Denton County Texas G; THENCE N 89°55'46" W along the North line of &aid Lot 1, Block 1, a distance of 365.40 feet to the POINT OF BEGINNING and Containing 7.95 acres of land more or less, is commonly known as DCAD Property ID No. 34516. 36. Being Lot 1, Block B, of the WESTERN HILLS BUSINESS PARK, as recorded in Cabinet M, Page 300, Plat Records, Denton County, Texas. Also being the same property addressed at 5201 N I35E, Denton, Texas, is commonly known as DCAD Property ID No. 613725. 37. Being Lot 1, Block A, of the I-35 RV CENTER ADDITION, as recorded by Instrument No.2002-101159, Plat Records, Denton County, Texas. Also being the same property addressed at 4901 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 247760. 38. A tract of land situated in the BBB & CRR SURVEY, ABSTRACT NUMBER 141 and in the N.WADE SUVERY, ABSTRACT NUMBER 1407, located in the City of Denton, Denton County Texas, being a portion of an 8.0 acre tract of land described in a deed to Richard A. Harris, III Investment Trust dated October 26, 2017 Richard A. Harris, III, Trustee, and recorded as Instrument Number 2018-118133, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the north corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 547 feet to a point for a corner; THENCE West, a distance of 83 feet to a point for a corner; THENCE North, a distance of 542 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 744763. 39. ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE F. BATSON SURVEY, ABSTRACT NUMBER 43, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED TO MARY BESS MILLER AND J.A. MILLER, RECORDED UNDER COUNTY CLERK'S FILE NUMBER 96-R000187 L, REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A PK NAIL FOUND IN CONCRETE IN THE EAST LINE OF SAID MILLER TRACT AND AT THE SOUTHEAST CORNER OF LOT 1, BLOCK A, I-35 RV CENTER, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET U, PAGE 542, PLAT RECORDS. DENTON COUNTY, TEXAS. SSAID PK NAIL ALSO BEING IN THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35; THENCE SOUTH 03 DEGREES 39 MINUTES 08 SECONDS EAST WITHI THE EAST LINE OF SAID MILLER TRACT, A DISTANCE OF 310.12 FEET TO A ½ INCH IRON PIN WITII A YELLOW PLASTIC CAP STAMPED "METROPLEX 1849" SET IN THE EAST LINE SAID MILLER TRACT AND IN THE WEST RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35; THENCE SOUTH 89 DEGREES 50 MINUTES 00 SECONDS WEST, A DISTANCE OF 292.0 FEET TO A 1/2 INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED "METROPLEX SET IN THE WEST LINE OF SAID MILLER TRACT AND THE EAST LINE OF A CALLED TRACT B, DESCRIBED IN A DEED TO R.V. LAND ACQUISITION, L.P., RECORDED IN VOLUME 5418, PAGE 1594, REAL PROPERTY RECORDS. DENTON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 15 MINUTES 00 SECONDS EAST WITH THE WEST LINE OF SAID MILLER TRACT, A DISTANCE OF 309.55 FEET TO A ½ INCH IRON PIN FOUND IN THE WEST LINE OF SAID MILLER TRACT, SAID PIN ALSO BEING AT THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK A, I-35 RVCENTER; THENCE NORTH 89 DEGREES 50 MINUTES 00 SECONDS EAST WITH THE SOUTH LINE OF SAID LOT I, BLOCK A, 1-35 RV CENTER, A DISTANCE OF 270.90 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 2.000 ACRES OF LAND, is commonly known as DCAD Property ID No. 623616. 40. A tract of land situated in the BBB & CRR SURVEY, ABSTRACT NUMBER 141 and in the N.WADE SUVERY, ABSTRACT NUMBER 1407, located in the City of Denton, Denton County Texas, being a portion of an 8.0 acre tract of land described in a deed to Richard A. Harris, III Investment Trust dated October 26, 2017 Richard A. Harris, III, Trustee, and recorded as Instrument Number 2018-118133, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 100 feet to a point for a corner; THENCE West, a distance of 94 feet to a point for a corner; THENCE North, a distance of 98 feet to a point for a corner; THENCE East, a distance of 83 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 161803. 41. Being Lot 1, Block 1, of the LIFE MARK RECOVERY CENTER, as recorded in Cabinet C, Page 287, Plat Records, Denton County, Texas. Also being the same property addressed at 4601 S I35, Denton, Texas, is commonly known as DCAD Property ID No. 87582. 42. Being Lot 1, Block A, of the WESTERN HILLS BUSINESS PARK, as recorded in Cabinet H, Page 224, Plat Records, Denton County, Texas. Also being the same property addressed at 5209 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 160306. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0029a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromRegionalCenterCommercialNeighborhood(RCC-N)andinitiallyzoning anun-zonedpropertytotheGeneralOffice(GO)zoningdistrictanduseclassificationdefinedunderthe2019 DentonDevelopmentCode(OrdinanceDCA18-0009q),onapproximately120.16acresofland,generally locatedapproximately3,000feetnorthofUS380betweentherailroadtracksandI-35,intheCityofDenton, DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximum amountof$2,000.00forviolationsthereof;providingforseverability;andestablishinganeffectivedate.The PlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19-0029a,CityInitiatedZoningChange, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 initially zoning an un-zoned property to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 120.16 acres of land, generally located approximately 3,000 feet north of US 380 between the railroad tracks and I- a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19- 0029a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of properties need for the area. 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 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0029 City Initiated Zoning Changes (Area 29) City Council District 3 REQUEST: To change the zoning district and use classification for approximately 120.16 acres of land, generally located approximately 3,000 feet north of US 380 between the railroad tracks and I-35. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE CHAMBERS, KENNITH LEROY & BEVERLY GRAHAM High point Farm - General 29 113709 2099 MARSHALL RD CO-TR OF Agriculture CHAMBERS FAM REV TR CHAMBERS, KENNITH LEROY, TR 29 82657 2099 MARSHALL RD Single-Family Detached Dwelling OF CHAMBERS FAM REV TR SALVAGING TEENS AT RISK INC D/B/A Commercial - Self-Service 29 244737 THE EDUCATION Storage CENTER TURNER, MATTHEW 29 40846 N I35 General Agriculture G MARSHALL, 29 36981 JONATHAN C & 2892 MARSHALL RD Single-Family Detached Dwelling TONYA C TURNER, MATTHEW 29 39152 N I35 General Agriculture G M D ANDERSON 29 313925 I35 General Agriculture TUMOR INSTITUTE MARSHALL, 29 39155 JONATHAN C & General Agriculture TONYA C SIZE: 120.16 acres 2002 ZONING: Regional Center Commercial Neighborhood (RCC-N) and un-zoned property 2019 ZONING: Mixed-Use Regional (MR) and Residential Rural (RR) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: General Office (GO) EXISTING USE(S): General Agriculture, Single-Family Detached Dwelling, Self-Service Storage STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use RR MR GO Use-Specific Standard General Agriculture P 5.3.5A Single-Family Detached Dwelling P+ 5.3.3A Self-Service Storage S+ P+ 5.3.6G Dimensional Standards RR MR GO Minimum Lot Area 5 acres None 2,500 sq ft Minimum Front Yard Setback 50 feet None None Minimum Side Yard Setback 10 feet None \[1\] None \[1\] Minimum Rear Yard Setback 10 feet None \[1\] 10 feet \[1\] Maximum Building Height 65 feet 100 feet \[1\] \[2\] 100 feet \[1\] \[2\] Maximum Building Coverage 15 percent 90 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Additional height may be allowed with a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT High point Farm - General 29 0 Agriculture 29 Single-Family Detached Dwelling 1981 Commercial, Self-Service 29 2002 Storage 29 General Agriculture 0 29 Single-Family Detached Dwelling 1951 29 General Agriculture 0 29 General Agriculture 0 29 General Agriculture 0 SITE DATA: The subject area is primarily undeveloped, except for two single family detailed dwellings within the area. The area contains a parcel approximately 5.45 acres that was annexed into the city 2010. Per the adopted Zoning District Transition Chart this parcel transitioned to RR. The area contains an area of both FEMA and ESA designations in the form of Floodplain, located on the west side adjacent to the railroad tracks. The area does not have frontage on any public street. The subject area is generally located between the railroad tracks and I-35. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Extra-territorial Zoning: Extra-territorial Zoning: Mixed-Use Regional Jurisdiction (ETJ) Jurisdiction (ETJ) (MR) and Planned Development (PD) Use: General Agriculture and Uses: General Agriculture Single-family Detached and Single-family Detached Use: Undeveloped and I-35 Dwelling Dwelling West: East: Zoning: Rural Residential (RR) Zoning: Mixed-Use Regional (MR) Use: General Agriculture SUBJECT PROPERTY Use: General Retail, Automotive Sales or Leasing, Minor Automotive Repair Shop, Undeveloped, and I-35 Southwest: South: Southeast: Zoning: Rural Residential (RR) Zoning: Mixed-Use Regional Zoning: Mixed-Use Regional (MR), Light Industrial (LI) and (MR) Planned Development (PD) Use: General Agriculture and Single-family Detached Use: I-35 Dwelling Use: Private School, Hotel, Medium Impact Manufacturing PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 10 notices were sent to property owners within 200 feet of the subject property, 19 courtesy notices were sent to physical addresses within 500 feet of the subject property, 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 primarily undeveloped, except for two single family detailed dwellings within the area. 2. The area does not have frontage on any public street. The subject area is generally located between the railroad tracks and I-35. 3. The subject area is designated in the Future Land Use Map as Business Innovation. 4. Business Innovation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus-like or corporate park setting that may include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation is proposed throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future development may build from this proximity and create a critical mass for economic development. The mixed-use nature of these areas will ensure that employment areas will be benefit from complementary retail and services throughout the day. 5. The General Office (GO) is a more appropriate Zoning District for the area. The undeveloped, large tracts, its location between the railroad tracks and I-35 and its designation of Business Innovation makes the area suitable for uses that are allowed under the GO Zoning District. 6. Many of the commercial and industrial uses that are allowed in the MR are also allowed in the GO, with some exceptions: a. Medium-Impact Manufacturing and Industrial Laundry Facility are not allowed in the MR, but are allowed in the GO with a Specific Use Permit (SUP). b. Warehouse and Wholesale Facility and Self-Service Storage are allowed with a SUP in the MR, but are allowed by right in the GO. c. Multifamily Dwelling is allowed with an SUP in the GO, but are allowed by right in the MR. 7. The purpose of the GO Zoning District is intended to provide locations for a variety of workplaces and complementary uses. Principal 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) and un-zoned property to the General Office (GO) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 29 Site Location HAMPTON TIESZEN 02505001,000 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 29 Future Land Use Map Business Innovation HAMPTON Low Residential TIESZEN 02505001,000 Feet SITERegional Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Moderate Residential Roads Date: 6/3/2019 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 29 Proposed Zoning Map 35 § ¨¦ RR LI PD-LI HAMPTON RD R2 0135270540 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 29 Notification Map HAMPTON TIESZEN 02505001,000 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0029.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 INITIALLY ZONING AN UN-ZONED PROPERTY TO THE GENERAL OFFICE (GO) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 120.16 ACRES OF LAND, GENERALLY LOCATED APPROXIMATELY 3,000 FEET NORTH OF US 380 BETWEEN THE RAILROAD TRACKS AND I-35, 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. (ZCI19-0029) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Regional Center Commercial Neighborhood (RCC-N) and initially zoning an un-zoned property to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 120.16 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 (hereinafter, the Property); and WHEREAS, on June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Regional Center Commercial Neighborhood (RCC-N) and initially zoning an un-zoned property to the General Office (GO) 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. Survey, Abstract Number 141, Denton County, Texas, being part of a tract of land conveyed to W.W. Marshall and wife, Jane Cole Marshall from Sam Fritz, et al by deed recorded in Volume 416, Page 600 of the Deed Records of said county, said 5.000 acre tract being more particularly described as follows: BEGINNING at a found half-inch square tube at the northeast corner of the herein described tract, same being a northwest corner of a tract conveyed to Western Hills Partnership by deed recorded in Volume 2099, Page 981, Real Property Records, same point also being North 89 degrees 51 minutes 30 seconds West 696.63 feet from the northwest corner of Lot 1, Block A, Western Hills Business Park, an addition to the City of Denton as shown by plat recorded in Cabinet H, Page 224, of the Deed Records of said county; THENCE South 00 degrees 08 minutes 30 seconds West a distance of 640.00 feet to a set iron rod for corner; THENCE North 89 degrees 51 minutes 30 seconds West a distance of 340.30 feet to a set iron rod for corner; THENCE North 00 degrees 08 minutes 30 seconds East a distance of 640.00 feet to a set iron rod for corner; THENCE South 89 degrees 51 minutes 30 seconds East a distance of 340.30 feet to the Place of Beginning, containing in all 5.000 more or less acres of land, is commonly known as DCAD Property ID Nos. 113709 and 82657. 2. ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 141, DENTON COUNTY, TEXAS, AND BEING A RE-TRACEMENT SURVEY OF A TRACT OF LAND DESCRIBED AS EXHIBIT A-2 IN THE DEED TO LUTHERAN PROPERTIES, INC, AS RECORDED IN COUNTY CLERK'S FILE NO. 05- 37756, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND AT A 5/8" IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID LUTHERAN PROPERTIES TRACT COMMON TO A RE-ENTRANT CORNER IN THE EAST LINE OF A TRACT OF LAND DESCRIBED IN THE DEED TO MATTHEW G. TURNER, AS RECORDED IN COUNTY CLERK'S FILE NO. 08-108672, SAID REAL PROPERTY RECORDS; THENCE SOUTH 89 DEGREES 13 MINUTES 03 SECONDS EAST WITH THE NORTH LINE OF SAID LUTHERAN PROPERTIES TRACT AND WITH A SOUTH LINE OF SAID TURNER TRACT A DISTANCE OF 279.16 FEET TO A CAPPED IRON ROD SET FOR CORNER AT THE NORTHEAST CORNER OF SAID LUTHERAN PROPERTIES TRACT, COMMON TO THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN THE DEED TO BESS MILLER AS TRUSTEE OF THE BESS MILLER'S SURVIVOR'S TRUST, AS RECORDED IN COUNTY CLERK'S FILE NO. 12-18135, SAID REAL PROPERTY, AND AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1 OF LIFEMARK RECOVERY ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET C, PAGE 287, PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 25 MINUTES 48 SECONDS WEST WITH THE EAST LINE OF SAID LUTHERAN PROPERTIES TRACT AND WITH THE WEST LINE OF SAID LOT 1A DISTANCE OF 212.45 FEET TO A CAPPED IRON ROD FOUND FOR CORNER AT TH.E NORTHEAST CORNER OF LOT 6, BLOCK A OF THE HULL ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET P, PAGE 153, SAID PLAT RECORDS; THENCE NORTH 89 DEGREES 52 MINUTES 37 SECONDS WEST WITH THE SOUTH LINE OF SAID LUTHERAN PROPERTIES TRACT AND WITH THE NORTH LINE OF SAND LOT 6, PASSING EN ROUTE AT A DISTANCE OF 249.44 FEET AN X FOUND SCRIBED IN CONCRETE AT THE NORTHEAST CORNER OF A 30 FOOT WIDE RIGHT-OF-WAY DEDICATION FOR WORTHINGTON DRIVE ACCORDING TO SAID CABINET P, PAGE 153, AND CONTINUING ON SAID COURSE AND WITH THE NORTH LINE OF SAID RIGHT-OF-WAY DEDICATION A TOTAL DISTANCE OF 279.42 FEET TO AN X-CUT SCRIBED IN CONCRETE AT THE SOUTHWEST CORNER OF SAID LUTHERAN PROPERTIES TRACT AND AT THE SOUTHERN-MOST SOUTHEAST CORNER OF SAID TURNER TRACT; THENCE NORTH 00 DEGREES 29 MINUTES 58 SECONDS EAST WITH THE WEST LINE OF SAID LUTHERAN PROPERTIES TRACT AND WITH AN EAST LINE OF SAID TURNER TRACT A DISTANCE OF 215.67 FEET TO THE POINT OF BEGINNING AND ENCLOSING 1.372 ACRES (59,764.320 SQUARE FEET) OF LAND MORE OR LESS, is commonly known as DCAD Property ID No. 244737. 3. BEING SITUATED IN THE B.B.B. AND C.R.R. SURVEY, ABSTRACT NO. 141 AND THE R. WHITLOCK SURVEY, ABSTRACT NO'. 1403, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 104.486 ACRE TRACT OF LAND DESCRIBED IN A DEED TO DAVID ANGEL OF RECORD IN VOLUME 3158, PAGE 372, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FENCE POST FOUND FOR CORNER AT THE NORTHWEST CORNER OF SAID ANGEL TRACT; THENCE SOUTH 89°54'18" EAST ALONG A NORTH LINE OF SAID ANGEL TRACT, A DISTANCE OF 788.59 FEET TO A 1/2" IRON PIPE FOUND FOR CORNER AT THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO KENNETH CHAMBERS AND WIFE, BEVERLY CHAMBERS, OF RECORD IN COUNTY CLERK'S FILE NO. 94-0087751, DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 00°11'04" WEST ALONG THE WEST LINE OF SAID CHAMBERS TRACT, A DISTANCE OF 640.12 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°48'50" EAST ALONG THE SOUTH LINE OF SAID CHAMBERS TRACT, A DISTANCE OF 340.47 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00°10'39" EAST ALONG THE EAST LINE OF SAID CHAMBERS TRACT, A DISTANCE OF 640.03 FEET TO A 1/2" IRON PIPE FOUND FOR CORNER AT THE NORTHEAST CORNER THEREOF; THENCE SOUTH 89°56'27" EAST ALONG A NORTH LINE OF SAID ANGEL TRACT, A DISTANCE OF 547.49 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF LOT 1, BLOCK B, OF WESTERN HILLS BUSINESS PARK, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M, PAGE 300, MAP RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 00°04'30" WEST ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 671.73 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 89°55'19" EAST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 688.05 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF LOT 1, BLOCK A, OF I- 35 RV CENTER ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET U, PAGE 542, MAP RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 00°01'21" WEST ALONG A WEST LINE OF SAID I-35 RV ADDITION, A DISTANCE OF 60.55 FEET TO A 5/8" IRON ROD SET FOR CORNER AT THE NORTHEAST CORNER OF "TRACT A" DESCRIBED IN A DEED TO R.V. LAND ACQUISITI ON, L.P., OF RECORD IN VOLUME 5418, PAGE 1594, DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 89°57'42" WEST ALONG THE NORTH LINE OF SAID "TRACT A", A DISTANCE OF 257.73 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER THEREOF; THENCE SOUTH 00°31'38" WEST, A DISTANCE OF 675.75 FEET TO A POINT FOR CORNER AT THE SOUTHWEST CORNER OF "TRACT B" DESCRIBED IN SAID R.V. LAND ACQUISITION, L. P. DEED; THENCE SOUTH 89°58'15" EAST ALONG THE SOUTH LINE OF SAID "TRACT B", A DISTANCE OF 258.24 FEET TO A 1/2" IRON ROD FOUND FOR CORNER .AT THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 00°27'31" WEST ALONG AN EAST LINE OF SAID ANGEL TRACT, A DISTANCE OF 1022.55 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO LUTHERAN PROPERTIES, INC., OF RECORD IN COUNTY CLERK'S FILE NO. 2005- 37756, DEED RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 89°28'11" WEST ALONG THE NORTH LI NE OF SAID LUTHERAN PROPERTIES, INC. TRACT, A DISTANCE OF 280. 16 FEET TO A 5/8" IRON ROD SET CORNER AT THE NORTHWEST CORNER THEREOF; THENCE SOUTH 00 °11'04" WEST ALONG THE WEST LINE OF SAID LUTHERAN PROPERTIES, INC. TRACT, A DISTANCE OF 216.11 FEET TO AN "X" SET FOR CORNER IN A SOUTH LINE OF SAID ANGEL TRACT; THENCE SOUTH 89°58'42" WEST ALONG A SOUTH LINE OF SAID ANGEL TRACT, A DI STANCE OF 1282.54 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE MOST SOUTHERN SOUTHWEST CORNER OF THEREOF AND BEING IN THE NORTHEASTERLY RIGHT-OF-WAY LINE OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD; THENCE NORTH 33 o 29' 38" WEST ALONG THE NORTHEASTERLY RIGHTOF- WAY LINE OF SAID RAILROAD, A DISTANCE OF 94.68 FEET TO A 5/8" IRON ROD SET FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 9091.23 FEET, A CENTRAL ANGLE OF 00°28'22", AND A CHORD WHICH BEARS NORTH 33°15'27" WEST, A DISTANCE OF 75.02 FEET; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 75.02 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; THENCE NORTH 09°08'33" EAST ALONG A WESTERLY LINE OF SAID ANGEL TRACT, A DISTANCE OF 575.47 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; THENCE NORTH 81°15'09" EAST, A DISTANCE OF 1163.42 FEET TO A 5/8" IRON ROD SET FOR CORNER; THENCE NORTH 03°33'00" WEST, A DISTANCE OF 371.09 FEET TO A 5/8" IRON ROD SET FOR CORNER; THENCE NORTH 88°28'30" WEST, A DISTANCE OF 1192.55 FEET TO A 5/8" IRON ROD SET FOR CORNER; THENCE SOUTH 25°46'24" WEST, A DISTANCE OF 730.54 FEET TO A 1/2" IRON ROD FOUND FOR CORNER IN THE NORTHEAST RIGHT-OFWAY LINE OF SAID ATCHISON TOPEKA AND SANTA FE RAILROAD, AND BEING AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 6800.00 FEET, A CENTRAL ANGLE OF 07°52'40", AND A CHORD WHICH BEARS NORTH 24°12'07" WEST, A DISTANCE OF 934.22 FEET; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE NORTHEAST RIGHT- OF-WAY LINE OF SAID ATCHISON TOPEKA AND SANTA FE RAILROAD, AN ARC DISTANCE OF 934.95 FEET TO A 5/8" IRON ROD SET FOR CORNER, FROM WHICH A "NAIL" FOUND FOR REFERENCE BEARS NORTH 22°31'07" WEST, A DISTANCE OF 12.24 FEET; THENCE NORTH 00°54'39" WEST ALONG A WEST LINE OF SAID ANGEL TRACT, A DISTANCE OF 1165.47 FEET TO THE PLACE OF BEGINNING AND CONTAINING 91.716 ACRES OF LAND, is commonly known as DCAD Property ID Nos. 40846 and 39152. 4. BEING all that certain 1 lot, parcel, or tract of land situated in the B.B.B &. C RR. Survey, Abstract Number 141 and the R. Whitlock Survey Abstract Number 1403, City of Denton, Denton County, Texas, being all that certain tract of land described by Deed to Living Choice. Inc., as recorded under Instrument Number 2004-100070, of the Deed Records of Denton County, Texas (D.RD.C.T.), and being more particularly described as follows; BEGINNING at a 1/2 inch iron rod found for the most southerly corner of the herein described tract, same being an ell cornerof a tract of land described by Deed to Matthew G. Turner as recorded under Instrument Number 2008-108672, D.R.D.CT., also being in the northeast line of the Atchinson. Topeka, and Santa Fe Railroad, said point being the beginning of a curve to the right having a radius of 9092.20 feet, and whose chord bears North 32 degrees 11 minutes 13 seconds West. a distance of 180.38 feet; THENCE along said curve to tile right, with the northeast line of said Atchinson, Topeka, and Santa Fe Railroad, through a central angle of 01 degree 08 minutes 12 seconds, for an arc distance of 180.38 feet to a ½ inch iron rod found, said point being the beginning of a Curve to the right having a radius of 6,800 00 feet, and whose chord bears North 29 degrees 54 minutes 46 seconds West, a distance of 369.37 feet; THENCE along said curve to the right, with the northeast line of said Atchinson, Topeka, and Santa Fe Railroad, through a central angle of 03 degrees 16 minutes 52 seconds, for an arc distance of 389.42 feet to a 1/2 inch iron rod found for corner, same being an ell corner of said Turner tract; THENCE North 25 degrees 56 minutes 46 seconds East, with said Turner tract, a distance of 730.61 feet to a 5/8 inch iron rod with cap stamped #5568, found for comer, same being an inner ell corner of said Turner tract; THENCE South 88 degrees 17 minutes 07 seconds East, with said Turner tract, a distance of 1193.02 feet to a ½ inch iron rod found for comer, same being an Inner el corner of said Turner tract; THENCE South 03 degrees 19 minutes 47 seconds East, with said Turner tract, a distance of 370.52 feet to a 5/8 Inch iron rod with cap found for corner, same being an inner ell corner of said Turner tract; THENCE Sooth 81 degrees 24 minutes 48 seconds West, with said Turner tract, a distance of 1163.39 feet to a ½ inch iron rod found for comer, same being an Inner ell corner of said Turner tract; THENCE South 00 degrees 1$ minutes 26 seconds West, with said Turner tract, a distance of 575.41 feet to the POINT OF BEGINNING and containing 17.901 Acres of !and. more or less, and being subject to any and al easements that may affect, is commonly known as DCAD Property ID Nos. 36981 and 39155. 5. ALL THAT CERTAIN lot, tract or parcel of land situated in the R. Whitlock SURVEY, ABSTRACT NO. 1403, Denton county, Texas being part of a tract of land conveyed by Ellis w. walker and wife, Elsie Walker to the state of Texas as recorded in Volume 293, Page 330, Deed Records, Denton county, Texas; BEGINNING at a fence post for the northeast corner of said State of Texas tract same being the northwest corner of a tract conveyed by Sam W. Fritz et al to W.W. Marshall and wife, Jane Cole Marshall as recorded in volume 416, Page 600, Deed Records, Denton county, Texas; dated December 19, 1972, called 1165.00 feet on Marshall deed as recorded in Volume 416, Page 600, Deed Records, Denton county, Texas) to an iron rod for corner in the east line of a tract conveyed to the Gulf Colorado and Santa Fe Railway company as recorded in volume 418, Page 100, Deed Records, Denton County, Texas; T for corner, at the POINT OF CURVATURE of a curve to the right having a radius of 6825.60 THENCE along said curve to the right in said east line in a northwesterly direction an arc distance of 144.81 feet to the POINT OF CURVATURE of a curve to the right having a radius of 9117.20 fee t and a central angle of 1°35'; THENCE along said curve to the right in said east line an arc distance of 251.95 feet to an iron rod for corner; corner, same being the northeast corner of said Gulf Colorado and Santa Fe Railway company tract; acres of land, is commonly known as DCAD Property ID No. 313925. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0031a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidential2(NR-2),NeighborhoodResidentialMixedUse 12(NRMU-12),RegionalCenterResidential1(RCR-1),andRegionalCenterCommercialDowntown(RCC- D)totheGeneralOffice(GO)zoningdistrictanduseclassificationdefinedunderthe2019Denton DevelopmentCode(OrdinanceDCA18-0009q),onapproximately54.54acresofland,generallylocatedwest ofI-35betweenGanzerRoadandBartholdRoad,intheCityofDenton,DentonCounty,Texas;amendingthe City’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof; providingforseverability;andestablishinganeffectivedate.ThePlanningandZoningCommission recommends approval (7-0). (ZCI19-0031a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 2 (NR-2), Neighborhood Residential Mixed Use 12 (NRMU-12), Regional Center Residential 1 (RCR-1), and Regional Center Commercial Downtown (RCC-D) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 54.54 acres of land, generally located west of I-35 between Ganzer Road and Barthold Road, in the City of Denton, Denton of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0031a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of properties need for the area. 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 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0031 City Initiated Zoning Changes (Area 31) City Council District 2 REQUEST: To change the zoning district and use classification for approximately 54.54 acres of land, generally located west of I-35 between Ganzer Road and Barthold Road. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE CATDENTON 35 31 37351 N I35 & GANZER RD General Agriculture SEVEN INC LINKEN REAL Fun Town RV Denton 31 37700 7201 N I35 ESTATE LP Automotive Sales or Leasing PHASE 17 31 496915 General Agriculture INVESTMENTS LP PHASE 18 31 556799 I35 General Agriculture INVESTMENTS LP 31 37709 NEW FARMS LLC 6831 N I35 General Agriculture SIZE: 54.54 acres 2002 ZONING: Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed Use 12 (NRMU-12), Regional Center Residential 1 (RCR-1), and Regional Center Commercial Downtown (RCC-D) 2019 ZONING: Residential 2 (R2), Residential 7 (R7), Mixed-Use Neighborhood (MN) and Mixed-Use Regional (MR) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: General Office (GO) EXISTING USE(S): Automotive Sales or Leasing and General Agriculture STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use R2 R7 MN MR GO Use-Specific Standard Automotive Sales and Leasing General Agriculture Dimensional Standards R2 R7 MN MR GO Minimum Lot Area 16,000 sq ft 4,000 sq ft 2,500 sq ft None 2,500 sq ft Minimum Front Yard Setback 20 feet 10 feet 10 feet None None Minimum Side Yard Setback 10 feet 5 feet None \[1\] None \[1\] None \[1\] Minimum Rear Yard Setback 10 feet 10 feet None \[1\] None \[1\] 10 feet \[1\] 65 feet \[1\] 100 feet \[1\] 100 feet \[1\] Maximum Building Height 40 feet 40 feet \[2\] \[3\] \[3\] Maximum Building Coverage 40 percent 65 percent 80 percent 90 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] 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). BACKGROUND: AREA EXISTING USE YEAR BUILT 31 General Agriculture N/A Fun Town RV Denton 31 1967 Automotive Sales or Leasing 31 General Agriculture N/A 31 General Agriculture N/A 31 General Agriculture N/A SITE DATA: The subject area is primarily undeveloped, except for one parcel developed with an Automotive Sales or Leasing use. The area does not include the parcels west of the area because the parcels are zoned Residential Rural (RR) per the Zoning Change Transition Chart. A different, more intense zoning than RR for these parcels may be considered at a later time. The area contains both FEMA (Floodway and Floodplain) or ESA (Floodplain) designations located in the northern parcel. The area has primary frontage along I-35 to the east. The subject area is bounded by Ganzer Road to the north and Barthold Road to the south. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Extra-territorial Zoning: Residential Rural Zoning: Residential Rural (RR) Jurisdiction (ETJ) (RR) Use: I-35 and General Use: General Agriculture Uses: Religious Assembly, Agriculture Automotive Sales and Leasing and Medical Office West: East: Zoning: Residential Rural (RR) Zoning: Mixed-Use and Extra-territorial Neighborhood (MN) and Jurisdiction (ETJ) SUBJECT PROPERTY Residential Rural (RR) Use: General Agriculture Use: I-35 and General Agriculture Southwest: South: Southeast: Zoning: General Office (GO) Zoning: General Office (GO) Zoning: Mixed-Use Regional (MR) Use: Undeveloped Use: Undeveloped Use: I-35 and General Agriculture PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 5 notices were sent to property owners within 200 feet of the subject property, 5 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 primarily undeveloped, except for one parcel developed with an Automotive Sales or Leasing use. 2. Automotive Sales or Leasing use is not allowed in either the MR or GO Zoning District. 3. The area has primary frontage along I-35 to the east. The subject area is bounded by Ganzer Road to the north and Barthold Road to the south. 4. The subject area is designated in the Future Land Use Map as Business Innovation. 5. Business Innovation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus-like or corporate park setting that may include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation is proposed throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future development may build from this proximity and create a critical mass for economic development. The mixed-use nature of these areas will ensure that employment areas will be benefit from complementary retail and services throughout the day. 6. The General Office (GO) is a more appropriate Zoning District for the area. The undeveloped tracts, its location along I-35, and its designation of Business Innovation makes the area suitable for uses that are allowed under the GO Zoning District. 7. Many of the commercial and industrial uses that are allowed in the MR are also allowed in the GO, with some exceptions: a. Medium-Impact Manufacturing and Industrial Laundry Facility are not allowed in the MR, but are allowed in the GO with a Specific Use Permit (SUP). b. Warehouse and Wholesale Facility and Self-Service Storage are allowed with a SUP in the MR, but are allowed by right in the GO. c. Multifamily Dwelling is allowed with an SUP in the GO, but are allowed by right in the MR. 8. The purpose of the GO Zoning District is intended to provide locations for a variety of workplaces and complementary uses. Principal 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed Use 12 (NRMU-12), Regional Center Residential 1 (RCR-1), and Regional Center Commercial Downtown (RCC-D) to the General Office (GO) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 31 Site Location GANZER I35 § ¨¦ 03757501,500 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 31 Future Land Use Map Rural Areas GANZER I35 § ¨¦ Business Innovation 03757501,500 Feet SITELow Residential Future Land Use µ Business Innovation Rural Areas Parcels Roads Date: 6/3/2019 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 31 Proposed Zoning Map GANZER RD E 35 § ¨¦ RR GO RR 02505001,000 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 31 Notification Map GANZER I35 § ¨¦ 03757501,500 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0031.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL 2 (NR- 2), NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12), REGIONAL CENTER RESIDENTIAL 1 (RCR-1), AND REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC- D) TO THE GENERAL OFFICE (GO) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18- 0009Q), ON APPROXIMATELY 54.54 ACRES OF LAND, GENERALLY LOCATED WEST OF I-35 BETWEEN GANZER ROAD AND BARTHOLD 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. (ZCI19-0031) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Neighborhood Residential 2 (NR-2), Neighborhood Residential Mixed Use 12 (NRMU-12), Regional Center Residential 1 (RCR-1), and Regional Center Commercial Downtown (RCC-D) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 54.54 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 (hereinafterthe Property); and WHEREAS, on June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 2 (NR-2), Neighborhood Residential Mixed Use 12 (NRMU-12), Regional Center Residential 1 (RCR-1), and Regional Center Commercial Downtown (RCC-D) to the General Office (GO) 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. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of an 181.966 tract of land described in a deed to CATDENTON 35 Seven, Inc., a Texas Corporation recorded as Instrument Number 2013-145691, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE Southerly, along the West line of said I-35 a distance of 450 feet to a point for a corner; THENCE East, along the West line of said I-35, a distance of 20 to a point for a corner; THENCE South, along the West line of said I-35, a distance of 2,530 to a point for a corner; THENCE West, a distance of 349 feet to a point for a corner; THENCE North, a distance of 2,973 feet to a point for corner; THENCE East, a distance of 311 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37351. 2. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of an 12.763 tract of land described in a deed to Linken Real Estate Limited Partnership, a Texas Limited Partnership recorded as Instrument Number 2011-48460, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 456 feet to a point for a corner; THENCE West, a distance of 1,149 feet to a point for a corner; THENCE Northeasterly, a distance of 369 to a point for corner; THENCE Northerly, a distance of 157 feet to a point for a corner; THENCE East, a distance of 835 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37700. 3. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of an 10.254 tract of land described in a deed to Phase 17 Investments, LP., a Texas limited liability company recorded as Instrument Number 2011-104771, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 351 feet to a point for a corner; THENCE West, a distance of 326 feet to a point for a corner; THENCE North, a distance of 351 to a point for corner; THENCE East, a distance of 348 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 496915. 4. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of an 15.000 acre tract of land described in a deed to Phase 18 Investments, LP., a Texas limited partnership recorded as Instrument Number 2012-72448, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 519 feet to a point for a corner; THENCE West, a distance of 348 feet to a point for a corner; THENCE North, a distance of 516 to a point for corner; THENCE East, a distance of 348 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 556799. 5. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of an 76.500 tract of land described in a deed to New Farms, LLC, a Texas limited liability company recorded as Instrument Number 2010- 108304, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the West line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the West line of said I-35 a distance of 1,768 feet to a point for a corner; THENCE West, a distance of 348 feet to a point for a corner; THENCE North, a distance of 1,768 feet to a point for a corner; THENCE East, a distance of 350 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37709. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0032a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidentialMixedUse(NRMU),RegionalCenter Residential1(RCR-1),RegionalCenterCommercialNeighborhood(RCC-N),andRegionalCenter CommercialDowntown(RCC-D)totheGeneralOffice(GO)zoningdistrictanduseclassificationdefined underthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q),onapproximately280.16acresof land,generallylocatedeastofI-35andnorthofLoop288,intheCityofDenton,DentonCounty,Texas; amendingtheCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00for violationsthereof;providingforseverability;andestablishinganeffectivedate.ThePlanningandZoning Commission recommends approval (7-0). (ZCI19-0032a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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), Regional Center Residential 1 (RCR-1), Regional Center Commercial Neighborhood (RCC-N), and Regional Center Commercial Downtown (RCC-D) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 280.16 acres of land, generally located east of I-35 and north of Loop 288, in the City of Denton, Denton County, Texas; violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0032a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0032 City Initiated Zoning Changes (Area 32) City Council District 2 and 3 REQUEST: To change the zoning district and use classification for approximately 280.16 acres of land, generally located east of I-35 and north of Loop 288. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE CATDENTON 35 SIX 32 37708 General Agriculture INC CATDENTON 35 SIX 32 37726 N BONNIE BRAE ST General Agriculture INC CATDENTON 35 SIX 32 37676 General Agriculture INC FIRST BAPTIST 32 261597 CHURCH OF N ELM ST General Agriculture DENTON TA Gas and Service Station 32 39525 TA OPERATING, LLC 6420 N I35 Travel Plaza Hirschbach Motor Lines ALL IN PROPERTIES Outdoor Storage and 32 624362 4501 N ELM ST LLC Automotive Repair Shop Major or Minor INLAND TRUCK Inland Truck Parts & Service - 32 632992 4321 N ELM ST PARTS COMPANY Automotive Repair Shop Major Alcoa Sub-Assembly & Logistics - DFP PROPERTIES 2 Manufacturing Low-Impact or 32 624361 4401 N ELM ST LLC Warehouse and Wholesale Facility CATDENTON 35 SIX 32 179418 I35 & US77 General Agriculture INC CATDENTON 35 SIX 32 632459 General Agriculture INC CATDENTON 35 SIX 32 37692 N I35 General Agriculture INC CATDENTON 35 SIX 32 36795 I35 & US77 General Agriculture INC CATDENTON 35 SIX 32 36797 US 77 General Agriculture INC 32 37353 CATDENTON 35 INC N I35 General Agriculture MORGAN, DEBRA 32 39350 JOHNSON TR HAZEL 2500 N LOOP 288 General Agriculture K KING LAND TRUST HILLWOOD 32 131510 INVESTMENT LAND US 77 & LOOP288 General Agriculture LP FIRST BAPTIST 32 261583 CHURCH OF N LOOP 288 General Agriculture DENTON SIZE: 280.16 acres 2002 ZONING: Neighborhood Residential Mixed Use (NRMU), Regional Center Residential 1 (RCR-1), Regional Center Commercial Neighborhood (RCC-N), and Regional Center Commercial Downtown (RCC-D) 2019 ZONING: Mixed-Use Neighborhood (MN) and Mixed-Use Regional (MR) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: General Office (GO) EXISTING USE(S): General Agriculture, Travel Plaza, Outdoor Storage, Minor Automotive Repair Shop, Major Automotive Repair Shop, Low Impact Manufacturing, and Warehouse and Wholesale Facility STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MN MR GO Use-Specific Standard General Agriculture Travel Plaza Outdoor Storage Minor Automotive Repair Shop S+ P+ P+ 5.3.5W Major Automotive Repair Shop P+ S+ 5.3.5V Low-Impact Manufacturing P+ P+ 5.3.6E Warehouse and Wholesale Facility S+ P 5.3.6H Dimensional Standards MN MR GO Minimum Lot Area 2,500 sq ft None 2,500 sq ft Minimum Front Yard Setback 10 feet None None Minimum Side Yard Setback None \[1\] None \[1\] None \[1\] Minimum Rear Yard Setback None \[1\] None \[1\] 10 feet \[1\] Maximum Building Height 65 feet \[1\] \[2\] 100 feet \[1\] \[2\] 100 feet \[1\] \[2\] Maximum Building Coverage 80 percent 90 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Additional height may be allowed with a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A TA Gas and Service Station 32 1988 Travel Plaza Hirschbach Motor Lines Outdoor Storage and 32 1999 Automotive Repair Shop Major or Minor Inland Truck Parts & Service - 32 2013 Automotive Repair Shop Major 32 Alcoa Sub-Assembly & Logistics - 2001 Manufacturing Low-Impact or Warehouse and Wholesale Facility 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A 32 General Agriculture N/A SITE DATA: The subject area is primarily undeveloped, except for the parcels located south of Highway 77 developed with uses related to a travel plaza, automotive repair and warehousing. The area contains both FEMA (Floodway and Floodplain) or ESA (Floodplain) designations located in the northern parcel. The area has primary frontage along I-35 to the west. The subject area is bounded by Ganzer Road to the north and parcels south of Highway 77. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Extra-territorial Zoning: Residential Rural Zoning: Residential Rural (RR) Jurisdiction (ETJ) (RR) Use: I-35 and General Use: General Agriculture Uses: Religious Assembly, Agriculture Automotive Sales and Leasing and Medical Office West: East: Zoning: Residential Rural (RR) Zoning: Mixed-Use and Extra-territorial Neighborhood (MN) and Jurisdiction (ETJ) SUBJECT PROPERTY Residential Rural (RR) Use: General Agriculture Use: I-35 and General Agriculture Southwest: South: Southeast: Zoning: General Office (GO) Zoning: General Office (GO) Zoning: Mixed-Use Regional (MR) Use: Undeveloped Use: Undeveloped Use: I-35 and General Agriculture PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 7 notices were sent to property owners within 200 feet of the subject property, 16 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 primarily undeveloped, except for the parcels located south of Highway 77 developed with uses related to a travel plaza, automotive repair and warehousing. 2. The area has primary frontage along I-35 to the west. The subject area is bounded by Ganzer Road to the north and parcels south of Highway 77. 3. The subject area is designated in the Future Land Use Map as Business Innovation. 4. Business Innovation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus-like or corporate park setting that may include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation is proposed throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future development may build from this proximity and create a critical mass for economic development. The mixed-use nature of these areas will ensure that employment areas will be benefit from complementary retail and services throughout the day. 5. The General Office (GO) is a more appropriate Zoning District for the area. The undeveloped, large tracts, location along I-35 and Highway 77, and its designation of Business Innovation makes the area suitable for uses that are allowed under the GO Zoning District. 6. Many of the commercial and industrial uses that are allowed in the MR are also allowed in the GO, with some exceptions: a. Medium-Impact Manufacturing and Industrial Laundry Facility are not allowed in the MR, but are allowed in the GO with a Specific Use Permit (SUP). b. Warehouse and Wholesale Facility and Self-Service Storage are allowed with a SUP in the MR, but are allowed by right in the GO. c. Multifamily Dwelling is allowed with an SUP in the GO, but are allowed by right in the MR. 7. The purpose of the GO Zoning District is intended to provide locations for a variety of workplaces and complementary uses. Principal 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU), Regional Center Residential 1 (RCR-1), Regional Center Commercial Neighborhood (RCC-N), and Regional Center Commercial Downtown (RCC-D) to the General Office (GO) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 32 Site Location I35 § ¨¦ 77 £ ¤ 05001,0002,000 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 32 Future Land Use Map GANZER Rural Areas I35 § ¨¦ Low Residential Moderate Residential Business Innovation 77 £ ¤ Government / Institutional 05001,0002,000 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Rural Areas Parcels Commercial Low Residential Roads Government / Institutional Moderate Residential Date: 6/3/2019 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 32 Proposed Zoning Map RR PD 35 § ¨¦ GO PF 77 £ ¤ 1173 288 S T 288 MR 03757501,500 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 32 Notification Map I35 § ¨¦ 77 £ ¤ 05001,0002,000 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0032.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU), REGIONAL CENTER RESIDENTIAL 1 (RCR-1), REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N), AND REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) TO THE GENERAL OFFICE (GO) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 280.16 ACRES OF LAND, GENERALLY LOCATED EAST OF I-35 AND NORTH OF LOOP 288, 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. (ZCI19-0032) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU), Regional Center Residential 1 (RCR-1), Regional Center Commercial Neighborhood (RCC-N), and Regional Center Commercial Downtown (RCC-D) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 280.16 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 (hereinaftthe Property); and WHEREAS, on June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 (NRMU), Regional Center Residential 1 (RCR-1), Regional Center Commercial Neighborhood (RCC-N), and Regional Center Commercial Downtown (RCC-D) to the General Office (GO) 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. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; COMMENCING at a point in the East line of I-35; THENCE East, a distance of 246 feet to a point and being the BEGINNING and being the southwest corner of the herein described tract and being the Point of Beginning; THENCE North a distance of 1,073 feet more or less to a point for a corner; THENCE East, a distance of 675 feet to a point for a corner; THENCE South, a distance of 1,067 feet to a point for corner; THENCE West, a distance of 675 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37708. 2. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; COMMENCING at a point in the East line of I-35; THENCE East, a distance of 1,068 feet to a point and being the BEGINNING and being the southwest corner of the herein described tract and being the Point of Beginning; THENCE North a distance of 1,067 feet more or less to a point for a corner; THENCE East, a distance of 2,461 feet to a point for a corner; THENCE South, a distance of 565 feet to a point for corner; THENCE West, a distance of 1,009 feet to a point for corner; THENCE South, a distance of 491 feet to a point for corner; THENCE West, a distance of 1,334 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37726. 3. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; COMMENCING at a point in the East line of I-35; THENCE East, a distance of 921 feet to a point and being the BEGINNING and being the southwest corner of the herein described tract and being the Point of Beginning; THENCE North a distance of 1,067 feet more or less to a point for a corner; THENCE East, a distance of 141 feet to a point for a corner; THENCE South, a distance of 1,067 feet to a point for corner; THENCE West, a distance of 147 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37676. 4. Being Lot 1, Block A, of the DENTON TRAVEL CENTER ADDITION, as recorded by Instrument No. 2009-21, Plat Records, Denton County, Texas. Also being the same property addressed at 6420 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 39525. 5. Being Lot 1R2, Block A, of the BARUCH ADDITION, as recorded by Instrument No. 2013-320, Plat Records, Denton County, Texas. Also being the same property addressed at 4501 N ELM ST, Denton, Texas, is commonly known as DCAD Property ID No. 624362. 6. Being Lot 1, Block A, of the INLAND TRUCK PARTS ADDITION, as recorded by Instrument No.2004-4, Plat Records, Denton County, Texas. Also being the same property addressed at 4321 N ELM ST, Denton, Texas, is commonly known as DCAD Property ID No. 632992. 7. Being Lot 1R1, Block A, of the BARUCH ADDITION, as recorded by Instrument No. 2013-320, Plat Records, Denton County, Texas. Also being the same property addressed at 4401 N ELM ST, Denton, Texas, is commonly known as DCAD Property ID No. 624361. 8. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northwest corner of the herein described tract; THENCE Northwest, a distance of 434 feet to a point for corner; THENCE South, a distance of 500 feet to a point for corner; THENCE Southwesterly, a distance of 231 feet to a point for corner; THENCE Southwest, a distance of 440 feet to a point for corner; THENCE Southwesterly, a distance of 299 feet to a point for corner and being on the north line of US Highway 77; THENCE Northwest, along the north line of US Highway 77, a distance of 685 feet to a point for a corner being the intersection of I-35 and US Highway 77; THENCE Northwesterly, along the right-of-way line of said I-35, a distance of 126 feet to a point for a corner. THENCE Northwest, along the east line of said I-35, a distance of 229 feet to a point for a corner. THENCE North, along the east line of said I-35, a distance of 253 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 179418. 9. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northwest corner of the herein described tract and being the Point of Beginning; THENCE South, along the East line of said I-35 a distance of 818 feet to a point for a corner; THENCE East, a distance of 357 feet to a point for a corner; THENCE North, a distance of 819 feet to a point for corner; THENCE West, a distance of 352 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 632459. 10. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the East line of said I-35 a distance of 3,023 feet more or less to a point for a corner; THENCE East, a distance of 245 feet to a point for a corner; THENCE North, a distance of 1,073 feet to a point for corner; THENCE East, a distance of 77 feet to a point for a corner; THENCE North, a distance of 1,950 feet to a point for a corner; THENCE West, a distance of 357 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37692. 11. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northwest corner of the herein described tract; THENCE West, a distance of 1,176 feet to a point for a corner; THENCE South, a distance of 1,555 feet to a point for a corner being on the north line of US Highway 77; THENCE Northwesterly, along the north line of said I-35, a distance of 491 feet to a point for a corner; THENCE Northeasterly, a distance of 299 feet to a point for corner; THENCE Northwest, a distance of 440 feet to a point for corner; THENCE Northwesterly, a distance of 231 feet to a point for corner; THENCE North, a distance of 500 feet to a point for corner; THENCE Southwest, a distance of 434 feet to a point for corner on the east line of said I-35; THENCE North, along the east line of said I-35, a distance of 374 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 36795. 12. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the north line of US Highway 77 and being the southeast corner of the herein described tract; THENCE Northwest, along the north line of said US Highway 77, a distance of 1,520 feet to a point for corner; THENCE North, a distance of 1,555 feet to a point for corner; THENCE West, a distance of 1,335 feet to a point for corner; THENCE South, a distance of 2,341feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 36797. 13. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35, Inc., a Texas Corporation recorded as Instrument Number 2013-15912, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the East line of said I-35 a distance of 2,153 feet to a point for a corner; THENCE East, a distance of 352 feet to a point for a corner; THENCE North, a distance of 2,288 feet to a point for corner in a public road known as Ganzer Road; THENCE West, along the south line of said Ganzer Road a distance of 50 feet to point for a corner; THENCE South, a distance of 131 feet to a point for a corner; THENCE East, a distance of 286 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37353. 14. All that certain tract or parcel of land situated in Denton County, Texas, being part of the N. Wade Survey, and being a part of a tract out or said survey conveyed to L.F. Doherty by Deed recorded in Book 284, page 125, of the Deed Records of Denton County, Texas: BEGINNING of the Northwest corner of said tract conveyed to Doherty, in the South line of U.S. Highway No. 77; TIIENCE in a Southeasterly direction with the North line of said tract and the South line of said U.S. Highway No. 77 309 feet; TIIENCE South parallel to the West line of said Doherty tract, 1549 feet, corner in South line of said tract; THENCE West 266 feet, Southwest corner of said tract; THENCE North with West line of said tract, 1704 feet to the place of beginning, and containing 10 acres of land, is commonly known as DCAD Property ID No. 39350. 15. BEING a 1.9177 acre tract of land situated in the Nathan Wade Survey, Abstract No. 1407, in the City of Denton. Denton County, Texas and being all of a 1.9177 acre tract of land conveyed to H. Ross Perot Jr. by deed recorded in Volume 1464, Page 137 of the Deed Records of Denton County, Texas (DRDCT) and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found in the southerly right-of-way line of U.S. Highway No. 77 (120 feet wide) for the northwest comer of said 1.9177 acre tract of land; THENCE along the southerly right-of-way line of said U.S. Highway No. 77 and along a fence northerly northwest comer of a 7.417 acre tract of land conveyed to Texas State Department of Highways & Public Transportation by deed recorded in Volume 1056, Page 898 (DRDCT); distance of 349.08 feet to a 5/8 inch iron rod found in a fence Uno for the most westerly northwest comer of said 7.427 acre tract of land, said iron rod being the southwest corner of said 1.9177 acre tract of land; THENCE along the west lie of said 1.9177 acre tract of land and along a fence line, North 01°007'37" East a distance of 456.43 feet to the POINT OF BBGINNING and containing within these metes and bounds 1. 9177 acres or 83, 535 square feet of land, more or less, is commonly known as DCAD Property ID No. 131510. 16. All that certain tract of land situated in the Alexander White Survey, Abstract No. l406, and the NATHAN WADE SURVERY, Abstract No. 1407 in the City of Denton. Denton County, Texas and being a part of a called 125 acre tract of land described in the "Agreement and Stipulation as to Ownership of Property" as recorded in Volume 1279, Page 975 of the Real Property Records of Denton County, Texas; the subject tract boing more particularly described as follows: BEGINNING at an aluminum right-of-way monument found for the Westerly most Southwest corner of the herein described tract in the North right-of-way line of US Highway 77, and in the West line of said 125 acre tract and in the East line of a called 109.26 acre tract of land described in the deed from John W. Porter, et ux to Galatyn Park corporation as recorded in Volume 4297, Page 811 of said Real Property Records of Denton County, Texas; THENCE North 02 degrees 37 minutes 28 second! East with the East line thereof and the West line of said 125 acre tract along or near a fence a rod set for the Northwest corner of the herein" described tract, from which the Northwest corner of said 125 acre tract bears North 02 degrees 37 minutes 26 seconds East at a distance of 284.66 feet: THENCE So iron rod set in or near a wire fence for the Northeast corner of the herein described tract, on the West side of a road under apparent public use posted as Bonnie Brae Street and in the East line of said 125 acre tract: THENCE South 02 degrees 22 minutes 57 seconds West with the East line thereof and with rod set for the Easterly most Southeast corner of the herein described tract, in the North right- of-way line of loop 288; THENCE with the North right -of-way line thereof the following 6 courses and distances: 1. North 88 degrees 33 minutes 14 seconds West a distance of 4.50 feet to a rod set; 2. South 34 degrees 57 minutes 24 seconds West a distance of 105.15 feet to an aluminum right-of-way monument found; 3. South 82 degrees 39 minutes 49 seconds West a distance or 310.96 feet to an aluminum right-of-way monument found; 4. South 88 degrees 09 minutes 43 seconds West a distance of 209.12 feet to an aluminum right-of-way monument found; 5. South 76 degrees 53 minutes 05 seconds West a distance of 656.79 feel to an aluminum right-of-way monument found; 6. North 78 degrees 43 minutes 10 seconds West a distance of 52.92 feet to an aluminum right- of-way monument found in the North right-of-way line of said US Highway 77; THENCE with the North right-or-way line thereof the following 2 courses end distances: 1. North 56 degrees 23 minutes 26 seconds West a distance of 597.77 feet to an aluminum right-of-way monument found; 2. North 56 degrees 23 minutes 05 seconds West a distance of 759.76 feet to the PLACE OF BEGINNING and enclosing 90.00 acres of land, more or less, is commonly known as DCAD Property ID Nos. 261583 and 261597. 17. of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; COMMENCING at a point in the East line of I-35; THENCE East, a distance of 246 feet to a point and being the BEGINNING and being the southwest corner of the herein described tract and being the Point of Beginning; THENCE North a distance of 1,073 feet more or less to a point for a corner; THENCE East, a distance of 675 feet to a point for a corner; THENCE South, a distance of 1,067 feet to a point for corner; THENCE West, a distance of 675 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37708. 18. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; COMMENCING at a point in the East line of I-35; THENCE East, a distance of 1,068 feet to a point and being the BEGINNING and being the southwest corner of the herein described tract and being the Point of Beginning; THENCE North a distance of 1,067 feet more or less to a point for a corner; THENCE East, a distance of 2,461 feet to a point for a corner; THENCE South, a distance of 565 feet to a point for corner; THENCE West, a distance of 1,009 feet to a point for corner; THENCE South, a distance of 491 feet to a point for corner; THENCE West, a distance of 1,334 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37726. 19. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; COMMENCING at a point in the East line of I-35; THENCE East, a distance of 921 feet to a point and being the BEGINNING and being the southwest corner of the herein described tract and being the Point of Beginning; THENCE North a distance of 1,067 feet more or less to a point for a corner; THENCE East, a distance of 141 feet to a point for a corner; THENCE South, a distance of 1,067 feet to a point for corner; THENCE West, a distance of 147 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37676. 20. Being Lot 1, Block A, of the DENTON TRAVEL CENTER ADDITION, as recorded by Instrument No. 2009-21, Plat Records, Denton County, Texas. Also being the same property addressed at 6420 N I35, Denton, Texas, is commonly known as DCAD Property ID No. 39525. 21. Being Lot 1R2, Block A, of the BARUCH ADDITION, as recorded by Instrument No. 2013-320, Plat Records, Denton County, Texas. Also being the same property addressed at 4501 N ELM ST, Denton, Texas, is commonly known as DCAD Property ID No. 624362. 22. Being Lot 1, Block A, of the INLAND TRUCK PARTS ADDITION, as recorded by Instrument No.2004-4, Plat Records, Denton County, Texas. Also being the same property addressed at 4321 N ELM ST, Denton, Texas, is commonly known as DCAD Property ID No. 632992. 23. Being Lot 1R1, Block A, of the BARUCH ADDITION, as recorded by Instrument No. 2013-320, Plat Records, Denton County, Texas. Also being the same property addressed at 4401 N ELM ST, Denton, Texas, is commonly known as DCAD Property ID No. 624361. 24. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northwest corner of the herein described tract; THENCE Northwest, a distance of 434 feet to a point for corner; THENCE South, a distance of 500 feet to a point for corner; THENCE Southwesterly, a distance of 231 feet to a point for corner; THENCE Southwest, a distance of 440 feet to a point for corner; THENCE Southwesterly, a distance of 299 feet to a point for corner and being on the north line of US Highway 77; THENCE Northwest, along the north line of US Highway 77, a distance of 685 feet to a point for a corner being the intersection of I-35 and US Highway 77; THENCE Northwesterly, along the right-of-way line of said I-35, a distance of 126 feet to a point for a corner. THENCE Northwest, along the east line of said I-35, a distance of 229 feet to a point for a corner. THENCE North, along the east line of said I-35, a distance of 253 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 179418. 25. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northwest corner of the herein described tract and being the Point of Beginning; THENCE South, along the East line of said I-35 a distance of 818 feet to a point for a corner; THENCE East, a distance of 357 feet to a point for a corner; THENCE North, a distance of 819 feet to a point for corner; THENCE West, a distance of 352 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 632459. 26. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the East line of said I-35 a distance of 3,023 feet more or less to a point for a corner; THENCE East, a distance of 245 feet to a point for a corner; THENCE North, a distance of 1,073 feet to a point for corner; THENCE East, a distance of 77 feet to a point for a corner; THENCE North, a distance of 1,950 feet to a point for a corner; THENCE West, a distance of 357 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37692. 27. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northwest corner of the herein described tract; THENCE West, a distance of 1,176 feet to a point for a corner; THENCE South, a distance of 1,555 feet to a point for a corner being on the north line of US Highway 77; THENCE Northwesterly, along the north line of said I-35, a distance of 491 feet to a point for a corner; THENCE Northeasterly, a distance of 299 feet to a point for corner; THENCE Northwest, a distance of 440 feet to a point for corner; THENCE Northwesterly, a distance of 231 feet to a point for corner; THENCE North, a distance of 500 feet to a point for corner; THENCE Southwest, a distance of 434 feet to a point for corner on the east line of said I-35; THENCE North, along the east line of said I-35, a distance of 374 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 36795. 28. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35 six, Inc., a Texas Corporation recorded as Instrument Number 2013- 145689, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the north line of US Highway 77 and being the southeast corner of the herein described tract; THENCE Northwest, along the north line of said US Highway 77, a distance of 1,520 feet to a point for corner; THENCE North, a distance of 1,555 feet to a point for corner; THENCE West, a distance of 1,335 feet to a point for corner; THENCE South, a distance of 2,341feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 36797. 29. A tract of land situated in the S. L. Johnson Survey, Abstract Number 683, located in the City of Denton, Denton County Texas, being a portion of a tract of land described in a deed to CATDENTON 35, Inc., a Texas Corporation recorded as Instrument Number 2013-15912, Real Property Records, Denton County Texas, and being more particularly described as follows; BEGINNING at a point in the East line of I-35 and being the northeast corner of the herein described tract and being the Point of Beginning; THENCE South, along the East line of said I-35 a distance of 2,153 feet to a point for a corner; THENCE East, a distance of 352 feet to a point for a corner; THENCE North, a distance of 2,288 feet to a point for corner in a public road known as Ganzer Road; THENCE West, along the south line of said Ganzer Road a distance of 50 feet to point for a corner; THENCE South, a distance of 131 feet to a point for a corner; THENCE East, a distance of 286 feet to the POINT OF BEGINNING, is commonly known as DCAD Property ID No. 37353. 30. All that certain tract or parcel of land situated in Denton County, Texas, being part of the N. Wade Survey, and being a part of a tract out or said survey conveyed to L.F. Doherty by Deed recorded in Book 284, page 125, of the Deed Records of Denton County, Texas: BEGINNING of the Northwest corner of said tract conveyed to Doherty, in the South line of U.S. Highway No. 77; TIIENCE in a Southeasterly direction with the North line of said tract and the South line of said U.S. Highway No. 77 309 feet; TIIENCE South parallel to the West line of said Doherty tract, 1549 feet, corner in South line of said tract; THENCE West 266 feet, Southwest corner of said tract; THENCE North with West line of said tract, 1704 feet to the place of beginning, and containing 10 acres of land, is commonly known as DCAD Property ID No. 39350. 31. BEING a 1.9177 acre tract of land situated in the Nathan Wade Survey, Abstract No. 1407, in the City of Denton. Denton County, Texas and being all of a 1.9177 acre tract of land conveyed to H. Ross Perot Jr. by deed recorded in Volume 1464, Page 137 of the Deed Records of Denton County, Texas (DRDCT) and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found in the southerly right-of-way line of U.S. Highway No. 77 (120 feet wide) for the northwest comer of said 1.9177 acre tract of land; THENCE along the southerly right-of-way line of said U.S. Highway No. 77 and along a fence northerly northwest comer of a 7.417 acre tract of land conveyed to Texas State Department of Highways & Public Transportation by deed recorded in Volume 1056, Page 898 (DRDCT); West a distance of 97.33 feet to a 5/8 i distance of 349.08 feet to a 5/8 inch iron rod found in a fence Uno for the most westerly northwest comer of said 7.427 acre tract of land, said iron rod being the southwest corner of said 1.9177 acre tract of land; THENCE along the west lie of said 1.9177 acre tract of land and along a fence line, North 01°007'37" East a distance of 456.43 feet to the POINT OF BBGINNING and containing within these metes and bounds 1. 9177 acres or 83, 535 square feet of land, more or less, is commonly known as DCAD Property ID No. 131510. 32. All that certain tract of land situated in the Alexander White Survey, Abstract No. l406, and the NATHAN WADE SURVERY, Abstract No. 1407 in the City of Denton. Denton County, Texas and being a part of a called 125 acre tract of land described in the "Agreement and Stipulation as to Ownership of Property" as recorded in Volume 1279, Page 975 of the Real Property Records of Denton County, Texas; the subject tract boing more particularly described as follows: BEGINNING at an aluminum right-of-way monument found for the Westerly most Southwest corner of the herein described tract in the North right-of-way line of US Highway 77, and in the West line of said 125 acre tract and in the East line of a called 109.26 acre tract of land described in the deed from John W. Porter, et ux to Galatyn Park corporation as recorded in Volume 4297, Page 811 of said Real Property Records of Denton County, Texas; THENCE North 02 degrees 37 minutes 28 second! East with the East line thereof and the West rod set for the Northwest corner of the herein" described tract, from which the Northwest corner of said 125 acre tract bears North 02 degrees 37 minutes 26 seconds East at a distance of 284.66 feet: iron rod set in or near a wire fence for the Northeast corner of the herein described tract, on the West side of a road under apparent public use posted as Bonnie Brae Street and in the East line of said 125 acre tract: THENCE South 02 degrees 22 minutes 57 seconds West with the East line thereof and with the fence occupying the West s rod set for the Easterly most Southeast corner of the herein described tract, in the North right- of-way line of loop 288; THENCE with the North right -of-way line thereof the following 6 courses and distances: rod set; 2. South 34 degrees 57 minutes 24 seconds West a distance of 105.15 feet to an aluminum right-of-way monument found; 3. South 82 degrees 39 minutes 49 seconds West a distance or 310.96 feet to an aluminum right-of-way monument found; 4. South 88 degrees 09 minutes 43 seconds West a distance of 209.12 feet to an aluminum right-of-way monument found; 5. South 76 degrees 53 minutes 05 seconds West a distance of 656.79 feel to an aluminum right-of-way monument found; 6. North 78 degrees 43 minutes 10 seconds West a distance of 52.92 feet to an aluminum right- of-way monument found in the North right-of-way line of said US Highway 77; THENCE with the North right-or-way line thereof the following 2 courses end distances: 1. North 56 degrees 23 minutes 26 seconds West a distance of 597.77 feet to an aluminum right-of-way monument found; 2. North 56 degrees 23 minutes 05 seconds West a distance of 759.76 feet to the PLACE OF BEGINNING and enclosing 90.00 acres of land, more or less, is commonly known as DCAD Property ID Nos. 261583 and 261597. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0033a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidential3(NR-3)totheSuburbanCorridor(SC)zoning districtanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q), onapproximately0.20acresofland,generallylocatedwestofPrimroseandapproximately120feetsouthof US380,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingfora penaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability;andestablishing aneffectivedate.ThePlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19-0033a,City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 3 (NR-3) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 0.20 acres of land, generally located west of Primrose and approximately 120 feet south of US 380, in the City of Denton, D map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0033a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 mprehensive plan. Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants municipa 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Responses 11. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0033 City Initiated Zoning Changes (Area 33) City Council District 3 REQUEST: To change the zoning district and use classification for approximately 0.20 acres of land, generally located west of Primrose Lane and approximately 120 feet south of US 380. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE Nature's Remedy & Insurance DJ SIMS HOLDINGS Office - Personal Service General 33 40111 1213 PRIMROSE LN LLC and Administrative and Professional Office SIZE: 0.20 acres 2002 ZONING: Neighborhood Residential 3 (NR-3) 2019 ZONING: Residential 3 (R-3) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): General Personal Service and Administrative and Professional Office STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use R3 SC Use-Specific Standard General Personal Service P Administrative and Professional Office S+ P 5.3.5K Dimensional Standards R3 SC Minimum Lot Area 10,000 sq ft 10,000 sq ft Minimum Front Yard Setback 20 feet 20 feet Minimum Side Yard Setback 10 feet 5 feet \[1\] Minimum Rear Yard Setback 10 feet 10 feet \[1\] Maximum Building Height 40 feet 55 feet \[1\] Maximum Building Coverage 50 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. BACKGROUND: AREA EXISTING USE YEAR BUILT Nature's Remedy & Insurance Office - Personal Service General 33 1970 and Administrative and Professional Office SITE DATA: The subject area is developed with a commercial use, General Personal Service and Administrative and Professional Office. The area does not contain any FEMA or ESA designations. The area has frontage on Primrose Lane to the east. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Mixed-Use Zoning: Suburban Corridor Zoning: Suburban Corridor Neighborhood (MN) (SC) (SC) Use: Undeveloped Uses: Automotive Sales and Use: Self Service Laundry Leasing Facility West: East: Zoning: Mixed-Use Zoning: Suburban Corridor Neighborhood (MN) SUBJECT PROPERTY (SC) Use: Undeveloped Use: Medical Office Southwest: South: Southeast: Zoning: Mixed-Use Zoning: Residential 3 (R3) Zoning: Residential 3 (R3) Neighborhood (MN) Use: Single-Family Detached Use: Single-Family Detached Use: Undeveloped Dwelling Dwelling PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 13 notices were sent to property owners within 200 feet of the subject property, 44 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 received one (1) response in favor and no response in opposition from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1. The subject area is developed with a commercial use, General Personal Service and Administrative and Professional Office. 2. General Personal Service is not permitted in the R3, but is permitted in the SC. 3. Administrative and Professional Office is permitted in the R3 with a Specific Use Permit (SUP), but is permitted by right in the SC. 4. Changing the zoning to SC will change the nonconforming status of the subject use to conforming. 5. The purpose of the SC Zoning 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Neighborhood Residential 3 (NR-3) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 33 Site Location 075150300 Feet SITE µ Parcels Roads Date: 6/4/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 33 Future Land Use Map Commercial Low Residential 075150300 Feet SITECommercial Future Land Use µ Parks / Open Space Low Residential Parcels Roads Date: 6/4/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 33 Proposed Zoning Map SC 380 £ ¤ MN R3 R1 04080160 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 33 Notification Map 200ft Buffer 500ft Buffer 075150300 Feet SITE µ Parcels Roads Date: 6/4/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0033.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL 3 (NR- 3) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18- 0009Q), ON APPROXIMATELY 0.20 ACRES OF LAND, GENERALLY LOCATED WEST OF PRIMROSE AND APPROXIMATELY 120 FEET SOUTH OF US 380, 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. (ZCI19-0033) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Neighborhood Residential 3 (NR-3) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 0.20 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 June 26, 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 \[7-0\] of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 3 (NR-3) 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 4, Block A, of the WESTCHESTER PARK, as recorded in Volume 162, Page 117, Plat Records, Denton County, Texas. Also being the same property addressed at 1213 PRIMROSE LN, Denton, Texas, is commonly known as DCAD Property ID No. 40111. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0034a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromDowntownCommercialGeneral(DC-G)totheSuburbanCorridor(SC) zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18- 0009q),onapproximately3.26acresofland,generallylocatedsouthofUS380betweenBolivarStreetand LocustStreet,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability; andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19 -0034a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 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 3.26 acres of land, generally located south of US 380 between Bolivar Street and Locust Street, in the City of Denton, Denton County, Texas; amending the thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0034a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 mprehensive plan. Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants municipa 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Responses 11. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0034 City Initiated Zoning Changes (Area 34) City Council District 2 REQUEST: To change the zoning district and use classification for approximately 3.26 acres of land, generally located south of US 380 between Bolivar Street and Locust Street. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE King Spa, Insurance Office, Pizza NATIONAL MILLS Hut - Personal Service General, 34 219004 231 W UNIVERSITY DR PLAZA LTD Administrative and Professional Office, and Restaurant QUIK-WAY RETAIL 1823 N ELM & UNIVERSITY Shell Carwash Automotive 34 106210 ASSOCIATES II, LTD ST Fuel Sales SMITH, RICKY & Commercial, Parking Lot as a 34 27069 ROGERS, JOYCE 1819 N ELM ST Principal Use DARLENE NATIONAL MILLS 34 219005 231 W UNIVERSITY DR Pizza Hut - Restaurant PLAZA LTD SMITH, RICKY & Smitty's Floor Covering Inc. 34 27076 ROGERS, JOYCE 1815 N ELM ST Building Materials and Supply DARLENE Store QUIK-WAY RETAIL Shell Gas Station - Automotive 34 533146 1823 N Elm St ASSOCIATES II, LTD Fuel Sales NATIONAL MILLS Commercial, Parking Lot as a 34 27152 227 W UNIVERSITY DR PLAZA LTD Principal Use Current Use: Possibly NATIONAL MILLS Administrative and Professional 34 27145 231 W UNIVERSITY DR PLAZA LTD Office; Prior Use: Kids Speech Therapy - Medical Office NATIONAL MILLS Commercial, Parking Lot as a 34 27137 1810 BOLIVAR ST PLAZA LTD Principal Use WALGREEN 34 210368 101 W UNIVERSITY DR Walgreens - General Retail COMPANY SIZE: 3.26 acres 2002 ZONING: Downtown Commercial General (DC-G) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): General Personal Service, Administrative and Professional Office, Restaurant, Automotive Fuel Sales, Parking Lot as a Principal Use, Building Materials and Supply Store and General Retail STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MN SC Use-Specific Standard General Personal Service P P Administrative and Professional Office P+ P 5.3.5K Restaurant P+ P 5.3.5I Automotive Fuel Sales S+ P+ 5.3.5U Parking Lot as a Principal Use P Building Materials and Supply Store S General Retail, Between 5,000 and 15,000 P P Square Feet General Retail, More than 15,000 Square S P 5.3.5R Feet Dimensional Standards MN SC Minimum Lot Area 2,500 sq ft 10,000 sq ft Minimum Front Yard Setback 10 feet 20 feet Minimum Side Yard Setback None \[1\] 5 feet \[1\] Minimum Rear Yard Setback None \[1\] 10 feet \[1\] Maximum Building Height 65 feet \[1\] \[2\] 55 feet \[1\] Maximum Building Coverage 80 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Buildings between 41 and 65 feet shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT King Spa, Insurance Office, Pizza Hut - Personal Service General, 34 1972 Administrative and Professional Office, and Restaurant Shell Carwash Automotive 34 1984 Fuel Sales Commercial, Parking Lot as a 34 N/A Principal Use 34 Pizza Hut - Restaurant Unknown Smitty's Floor Covering Inc. 34 Building Materials and Supply 1950 Store Shell Gas Station - Automotive 34 1984 Fuel Sales Commercial, Parking Lot as a 34 1970 Principal Use Current Use: Possibly Administrative and Professional 34 Unknown Office; Prior Use: Kids Speech Therapy - Medical Office Commercial, Parking Lot as a 34 N/A Principal Use 34 Walgreens - General Retail 1999 SITE DATA: The subject area is developed with a mix of commercial uses. The area does not contain any FEMA or ESA designations. The area has primary frontage along US 380, to the north. Secondary access and access to parcels located to the south is available from Bolivar Street, Elm Street and Locust Street. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Suburban Corridor Zoning: Suburban Corridor Zoning: Mixed-Use (SC) (SC) Neighborhood (MN) Use: Restaurant Uses: Single-family Detached Use: Restaurant and General Dwelling and Undeveloped Retail West: East: Zoning: Suburban Corridor Zoning: Public Facilities (PF) (SC) SUBJECT PROPERTY Use: Use: Genera Retail and University (TWU) Restaurant Southwest: South: Southeast: Zoning: Residential 3 (R3) and Zoning: Mixed-Use Zoning: Public Facilities (PF) Residential 7 (R7) Neighborhood (MN) Use: Use: Genera Single-family Use: Single-family Detached University (TWU) Detached Dwelling Dwelling, General Personal Service, Genera Retail and Restaurant PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 23 notices were sent to property owners within 200 feet of the subject property, 71 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 received one (1) response in favor and no response in opposition from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1. The subject area is developed with a mix of commercial uses. 2. The area has primary frontage along US 380, to the north. Secondary access and access to parcels located to the south is available from Bolivar Street, Elm Street and Locust Street. 3. The Suburban Corridor (SC) is a more appropriate Zoning District for the area. location along US 380 and its Future Land Use designation of Community Mixed Use and Downtown Compatibility Area makes the area suitable for uses that are allowed under the SC Zoning District. 4. Many of the commercial and industrial uses that are allowed in the MN are also allowed in the SC, with some exceptions: a. Hospital Services, Kennel, Tattoo and Body Piercing Parlor, Smoke Shop, Motel, Major Automotive Repair Shop, Parking Lot as a Principal Use, and Low- Impacted Manufacturing are not allowed in the MN, but are allowed in the SC. b. Medical Clinic, Outdoor Recreation Facility, Bar, Tavern or Lounge, Restaurant with Drive-Through, Credit Access Business, Printing, Copying, and Printing Establishment, General Retail with More than 15,000 Square Feet, Boarding or Rooming House, Automotive Fuel Sales, Minor Automotive Repair Shop, Craft Alcohol Production, and Self-Service Storage are allowed with a Specific Use Permit (SUP) in the MN, but are allowed by right in the SC. c. Multifamily Dwelling is allowed with a SUP in the SC, but are allowed by right in the MN. 5. The purpose of the SC Zoning 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 34 Site Location SUNSET 0110220440 Feet SITE µ Parcels Roads Date: 6/6/2019 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 34 Future Land Use Map Moderate Low Residential Residential Neighborhood / Community University Mixed Compatibility Area Use SUNSET Government / Institutional Downtown Compatibility Area 0110220440 Feet SITECommunity Mixed Use Future Land Use µ Neighborhood Mixed Use Low Residential Parcels Neighborhood / University Compatibility Area Moderate Residential Roads Government / Institutional Downtown Compatibility Area Date: 6/6/2019 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 34 Proposed Zoning Map R3 R7 R3 428 2164 SC MN 380 £ ¤ 77 £ ¤ R7 377 PF £ ¤ MN R3 062.5125250 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 34 Notification Map SUNSET 0110220440 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 6/6/2019 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\\ZCI19-0034.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 3.26 ACRES OF LAND, GENERALLY LOCATED SOUTH OF US 380 BETWEEN BOLIVAR STREET AND LOCUST STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CIAL 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. (ZCI19-0034) 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 3.26 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 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 7R, of the COOLCREST, as recorded in Cabinet D, Page 83, Plat Records, Denton County, Texas. Also being the same property addressed at 1823 N ELM & UNIVERSITY ST, Denton, Texas, is commonly known as DCAD Property ID Nos. 106210 and 533146. 2. All that certain tract or parcel of land lying and being situated in the B.B.B. & C.R.R. Company Survey, Abstract Number 185, in the City and County of Denton, Texas, and being part of Lot 6 and Lot 7 of Coolcrest Addition, an Addition to the City of Denton as recorded in Volume Z, Page 261, of the District Court Minutes, Denton County. Texas, and being more particularly described as follows: Beginning at a found l/2-inch iron rod at the Southeast corner of said Lot 6, on the West right- of-way of North Elm Street at the Northeast corner of Lot 4A, recorded in Cabinet K, Page 22, of the Plat Records of Denton County, Texas; Thence North 89 degrees 42 minutes 30 seconds West with the South line of Lot 6, and the North line of Lot 4A, a distance of 166.5 feet to a found I /2 inch iron rod at the Southwest comer of Lot 6, and the Northwest comer of Lot 4A, on the East line of Lot 14, Coolcrest Addition, also being the East line of a tract of land deeded to Rex E. Cracknell, recorded in Volume 3137, Page 168, of the Real Property Records, Denton County, Texas; Thence North with the west line of Lot 6, a distance of 57.80 feet to a found 1/2-inch iron rod, on the East line of Lot 15, Cool crest Addition, at an inner el corner of said Cracknell tract; Thence North 89 degrees 15 minutes 00 seconds East, with the South line of said Cracknell tract, a distance of 42.40 feet to a set "X" in concrete, at the easternmost southeast corner of said Cracknell tract; Thence North 00 degrees 43 minutes 20 seconds West, a distance of21.00 feet to a found "X" in concrete, at the Southwest corner of Lot 7-R, Coolcrest Addition, recorded in Cabinet D, Page 83, of the Plat Records of Denton County, Texas; Thence East with the South line of Lot 7-R, a distance of 124.37 feet to a set iron rod, at the Northeast comer of Lot 7, at the Southeast corner of Lot 7-R, on the West right-of-way of North Elm Street; Thence South with the West right-of-way of North Elm Street, a distance of 80.20 feet to the point of beginning and containing in all 0.2843 acres of land, is commonly known as DCAD Property ID Nos. 27069 and 27076. 3. All that certain· lot, parcel or tract of land situated in the BBB & CRR Survey, Abstract Number 185, in the ·city of Denton, Denton county, Texas,: and being a part a called 1.0179 acre tract described in the deed from Margaret Allen, et al and Murr Company to Mary Elizabeth Duncan. Trust and the Fred Z. Mills, III Trust and Rex Cracknell, recorded in Volume 2407, Page 636 of the Real Property Records of Denton County, Texas, and the subject tract being more particularly described as follows: BEGINNING at ½ inch iron found for the southwest corner of the herein described tract same being the Northwest corner of Lot 13 of Cool Crest Addition, an addition to the City of Denton, Texas, according to the .plat thereof recorded in· cabinet z, Page 261 of The District Court Minutes of Denton County, Texas, and being in the East right-of-way line of Bolivar Street same being the Southwest corner of Lot 14 of said Addition; THENCE North 01 Degrees 21 Minutes 41 Seconds East with the said East right-of- way line and the West line of said 1.0179 acre tract a distance of 206.24 to an "X" found in concrete in the New Southern right-of-way line of U. S. Highway 380; THENCE North 46 Degrees 09 Minutes 46 Seconds East with the Southern right-of-way line a distance of Degrees 25 Minutes OS Seconds West a distance of 5.54 feet; THENCE South 89 Degrees. 55 Minutes 15 Seconds East with Southern right-of-way line of said Highway a distance of 18l.02· feet to an "X" set for corner, and. being in the West line of Lot 7R of the CoolCrest Addition, an addition to the City of Denton, as recorded in Cabinet D, Page 83, of the Plat Records of Denton County, Texas and the East line of said 1.0179 acre tract from which an "X" found bears South 61 Degrees 37 Minutes 58 Seconds East a distance of 2.96 feet; THENCE South 00 Degrees 19 Minutes so Seconds West with the East line of said 1.0179 acre tract and the West line of said Lot 7R a distance of 154.78 feet to an "X" found for corner; THENCE South 89 Degrees 45 Minutes 32 Seconds West with the Easterly South line of said 1.0179 acre tract a distance of 42.36 feet to a ½ inch iron rod found for corner in the West· line of Lot 6 of said Addition and the East line of Lot 15 of said Addition; THENCE South 01 Degrees 34 Minutes 22 Seconds West with the West line of said Lot 6, and the East line of said Lot 15 passing at a distance of 57.64 feet the Southwest corner of said Lot 6 and being the Northwest corner of Lot 5 of said Addition continuing on said course a total distance of 69.40 feet to a 1/2 inch iron rod found for corner, same being the Southeast corner of Lot 14 of said Addition and the Northeast corner of said Lot 13; THENCE North 89 Degrees 50 Minutes 44 Seconds West with the North line of said Lot 13 and the South line of said Lot 14 of said Addition a distance of 159. 47 feet to the PLACE OF BEGINNING, is commonly known as DCAD Property ID Nos. 219005, 219004, 27152, 27145, and 27137. 4. Being Lot 1, Block 1, of the UNIVERSITY CORNERS ADDITION, as recorded in Cabinet Q, Page 37, Plat Records, Denton County, Texas. Also being the same property addressed at 101 W UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 210368. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0035a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidentialMixedUse(NRMU)totheSuburbanCorridor (SC)zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(Ordinance DCA18-0009q),onapproximately10.00acresofland,generallylocatedwestofOldNorthRoadbetweenUS 380andMingoRoad,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability; andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19 -0035a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 10.00 acres of land, generally located west of Old North Road between US 380 and Mingo Road, in the City of Denton official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0035a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0035 City Initiated Zoning Changes (Area 35) City Council District 1 REQUEST: To change the zoning district and use classification for approximately 10.00 acres of land, generally located west of Old North Road between US 380 and Mingo Road. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE SDSS PROPERTIES 35 36913 2619 MINGO RD Undeveloped, Commercial Land LLC Exceleron Gas Station - 35 656442 NABHA INC 2400 E UNIVERSITY DR Automotive Fuel Sales WOLFE VILLAGE Village East Apartments Multi- 35 36909 1700 E VILLAGE DR EAST LLC Family Dwelling SIZE: 10.00 acres 2002 ZONING: Neighborhood Residential Mixed Use (NRMU) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Automotive Fuel Sales and Multi-Family Dwelling STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MN SC Use-Specific Standard Automotive Fuel Sales S+ P+ 5.3.5U Multi-Family Dwelling P+ S+ 5.3.3D Dimensional Standards MN SC Minimum Lot Area 2,500 sq ft 10,000 sq ft Minimum Front Yard Setback 10 feet 20 feet Minimum Side Yard Setback None \[1\] 5 feet \[1\] Minimum Rear Yard Setback None \[1\] 10 feet \[1\] Maximum Building Height 65 feet \[1\] \[2\] 55 feet \[1\] Maximum Building Coverage 80 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Buildings between 41 and 65 feet shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT 35 Undeveloped, Commercial Land N/A Exceleron Gas Station - 35 1973 Automotive Fuel Sales Village East Apartments Multi- 35 1968 Family Dwelling SITE DATA: The subject area is developed with an Automotive Fuel Sales and a Multifamily Dwelling development. The area does not contain any FEMA or ESA designations. The area has frontage on US 380, a primary arterial, to the north. Secondary access and access to parcels located to the south are available from Mingo Road, a secondary arterial, and Old North Road, a collector road. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Suburban Corridor Zoning: Suburban Corridor Zoning: Suburban Corridor (SC) (SC) (SC) Use: US 380 and Uses: US 380 and Use: US 380 and Undeveloped Undeveloped Undeveloped West: East: Zoning: Suburban Corridor Zoning: Suburban Corridor (SC) (SC) SUBJECT PROPERTY Use: Religious Assembly Use: Undeveloped and General Retail Southwest: South: Southeast: Zoning: Residential 2 (R2) Zoning: Residential 7 (R7) Zoning: Residential 4 (R4) Use: Mingo Road and Use: Mingo Road and Use: Mingo Road and Railroad Railroad Railroad PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 7 notices were sent to property owners within 200 feet of the subject property, 17 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 an Automotive Fuel Sales and a Multifamily Dwelling development. 2. The area has frontage on US 380, a primary arterial, to the north. Secondary access and access to parcels located to the south are available from Mingo Road, a secondary arterial, and Old North Road, a collector road. 3. The Suburban Corridor (SC) is a more appropriate Zoning District for the area. Its location along US 380 and its Future Land Use designation of Community Mixed Use makes the area suitable for uses that are allowed under the SC Zoning District. 4. Many of the commercial and industrial uses that are allowed in the MN are also allowed in the SC, with some exceptions: a. Hospital Services, Kennel, Tattoo and Body Piercing Parlor, Smoke Shop, Motel, Major Automotive Repair Shop, Parking Lot as a Principal Use, and Low- Impacted Manufacturing are not allowed in the MN, but are allowed in the SC. b. Medical Clinic, Outdoor Recreation Facility, Bar, Tavern or Lounge, Restaurant with Drive-Through, Credit Access Business, Printing, Copying, and Printing Establishment, General Retail with More than 15,000 Square Feet, Boarding or Rooming House, Automotive Fuel Sales, Minor Automotive Repair Shop, Craft Alcohol Production, and Self-Service Storage are allowed with a Specific Use Permit (SUP) in the MN, but are allowed by right in the SC. c. Multifamily Dwelling is allowed with a SUP in the SC, but are allowed by right in the MN. 5. The purpose of the SC Zoning 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 35 Site Location 0180360720 Feet SITE µ Parcels Roads Date: 6/6/2019 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 35 Future Land Use Map Community Mixed Use BRANDYWINE Moderate Residential Low Residential 0180360720 Feet SITECommunity Mixed Use Future Land Use µ Neighborhood Mixed Use Low Residential Parcels Moderate Residential Roads Date: 6/6/2019 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 35 Proposed Zoning Map MN R3 380 £ ¤ SC GO LI R4 R7 R2 R3 PF 070140280 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 35 Notification Map 0180360720 Feet 200ft BufferSITE µ 500ft BufferParcels Roads Date: 6/6/2019 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\\ZCI19-0035.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 10.00 ACRES OF LAND, GENERALLY LOCATED WEST OF OLD NORTH ROAD BETWEEN US 380 AND MINGO ROAD, 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. (ZCI19-0035) 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 10.00 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 (NRMU) 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 all that certain tract or parcel of land situated in the William Lloyd Survey, Abstract 773, City and County of Denton, Texas, being all of a (called) 2.70 acre tract described in a Deed from L E Holly, et al, to Bob Weese, et ux, on the 16th day of May, 1961, recorded in Volume 649, page 369, Deed Records of said County, and being more fully described 'as follows; BEGINNING at the Southeast corner of said 2.70 acre tract a fence corner at the intersection of the West boundary line of Mockingbird Lane with the North Right-of-way of Mingo Road; THENCE South 69 degrees 15 minutes 00 seconds West with the North boundary line of Mingo Road along and near a fence a distance of 413.32 feet to an iron pin and fences corner at the South Southeast corner of a (called) 7.036 acre tract described in a deed from Ryan Brothers Plumbing Company to William J. Miller and recorded in Volume 585, Page 147, Deed Records of Denton County: THENCE North 06 degrees 20 minutes 10 seconds West with the East boundary line of said 7.025 acre tract along and near a fence a distance of 355.25 feet to an iron pin at the Southwest corner of a (called) 3.35 acre tract described in a deed from K L Wilson to Hayden Frye on the 26th day of March, 1973; THENCE North 89 degree 32 minutes 54 seconds East a distance of 429.59 feet to an iron pin on the West boundary line of Mockingbird lane at the Southeast corner of said 3.35 acre tract; THENCE South 01 degree 03 minutes 09 seconds West with the West boundary line of Mockingbird lane along and near a fence a distance of 210.06 feet to the Point of Beginning and containing in all 2.6678 acres of land, is commonly known as DCAD Property ID No. 36913. 2. Being Lot 1, Block A, of the AFFORD-IT TIRES ADDITION, as recorded by Instrument No. 2014-308, Plat Records, Denton County, Texas. Also being the same property addressed at 2400 E UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 656442. 3. Being a tract of land situated in the City of Denton, Denton County, Texas out of the William Lloyd Survey, Abstract No. 773 and being all of a 6.9594 acre described tract of land conveyed to M&A Texas VE Ltd., a Texas limited partnership, according to the deed filed for record in Volume 5344, Page 03719, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199" in the south right of way line of University Drive (U.S. Highway 380) (variable-width right of way), the northeast corner of said 6.9594 acre tract and being the northwest corner of a 3.349 acre described tract of land conveyed to Haden Fry according to the deed filed for record in Volume 3090, Page 309, Deed Records, Denton County, Texas; THENCE, departing said south right of way line, along the east line of said 6.9594 acre tract and the west line of said 3.349 acre tract, South 01 degrees, 08 minutes, 07 seconds, West, a distance of 368.90 feet to a 1/2" iron rod found; THENCE, continuing along said common line, South 78 degrees, 12 minutes, 03 seconds, West, a distance of 20.92 feet to a 1/2" iron rod found; THENCE, continuing along said common line, passing the southwest corner of said 3.349 acre tract, also being the northwest corner of a 2.6678 acre described tract of land conveyed to Miller Family Partners, Ltd. according to the deed filed for record in Denton County Clerk's File number 98-R0036869, Deed Records, Denton County, Texas, South 05 degrees, 58 minutes, 37 seconds, East, a distance of 412.44 feet to a 1/2" iron rod found in the north right of way line of Mingo Road (variable-width right of way), the southeast corner of said 6.9594 acre tract, also being the southwest corner of said 2.6678 acre tract; THENCE, along the south line of said 6.9594 acre tract, along said north right of way line, South 69 degrees, 55 minutes, 58 seconds, West, a distance of 352.67 feet to a 1/2" iron rod found, the southwest corner of said 6.9594 acre tract, also being the southeast corner of a 9.802 acre described tract of land conveyed to Modern American Life Insurance Company according to the deed filed for record in Volume 1857, Page 454, Deed Records, Denton County, Texas; THENCE, departing said north right of way line, along the west line of said 6.9594 acre tract and the east line of said 9.802 acre tract passing the northeast corner of said 9.802 acre tract, also being the southeast corner of a 22.294 acre described tract of land conveyed to Rancho Vista Development Company according to the deed filed for record in Volume 2695, Page 465, Deed Records, Denton County, Texas, North 12 degrees, 39 minutes, 38 seconds, West, a distance of 544.07 feet to a 1/2" iron rod found; THENCE, continuing along said common line, North 60 degrees, 52 minutes, 07 seconds, East, a distance of 169.15 feet to a 5/8" iron rod found; THENCE, continuing along said common line passing the northeast corner of said 22.294 acre tract, also being the southeast corner of a 0.55 acre described tract of land conveyed to Don Johnson Oil Company according to the deed filed for record in Volume 662, Page 687, Deed Records, Denton County, Texas, North 01 degrees, 08 minutes, 07 seconds, East, a distance of 380.55 feet to a 1/2" iron rod found in the south right of way line of said University Drive, the northwest corner of said 6.9594 acre tract also being the northeast corner of said 0.55 acre tract, the beginning of a non-tangent curve to the right; THENCE, along said south right of way line, along said curve to the right through a central angle of 02 degrees, 10 minutes, 33 seconds, a radius of 3,468.27 feet, an arc length of 131.71 feet, a chord bearing of South 74 degrees, 45 minutes, 42 seconds, East, a chord distance of 131.70 feet to a concrete monument found, the end of said curve; THENCE, continuing along said south right of way line, South 68 degrees, 52 minutes, 00 seconds, East, a distance of 99.56 feet to a concrete monument found; THENCE, continuing along said south right of way line, South 72 degrees, 36 minutes, 00 seconds, East, a distance of 63.00 feet to the POINT OF BEGINNING and containing 303,150 square feet or 6.9594 acres of land, more or less, is commonly known as DCAD Property ID No. 36909 Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0036a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidentialMixedUse(NRMU)totheSuburbanCorridor (SC)zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(Ordinance DCA18-0009q),onapproximately3.46acresofland,generallylocatedsouthofUS380andwestofLoop288, intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingforapenalty inthemaximumamountof$2,000.00forviolationsthereof;providingforseverability;andestablishingan effectivedate.ThePlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19-0036a,City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 3.46 acres of land, generally located south of US 380 and west of Loop 288, in the City of Denton, Denton County, providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0036a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 an. Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants municipal zoning au 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0036 City Initiated Zoning Changes (Area 36) City Council District 2 REQUEST: To change the zoning district and use classification for approximately 3.46 acres of land, generally located south of US 380 and west of Loop 288. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE Zimmerer Kubota & Equipment, ZIMMERER REAL 36 35933 1421 N LOOP 288 Inc. Equipment Sales and PROPERTIES LLP Rental Zimmerer Kubota & Equipment, ZIMMERER REAL 36 497352 1421 N LOOP 288 Inc. Equipment Sales and PROPERTIES LLP Rental LANGAROODI, Denton Florist et. al - General 36 35905 2926 E UNIVERSITY DR EDDIE Retail Zimmerer Kubota & Equipment, ZIMMERER REAL 36 35937 1421 S LOOP 288 Inc. Equipment Sales and PROPERTIES LLP Rental MARCO ENT INC & Subway - Restaurant with Drive 36 35912 2912 E UNIVERSITY DR ZB EAGLE P/S Through SIZE: 3.46 acres 2002 ZONING: Neighborhood Residential Mixed Use (NRMU) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Equipment Sales and Rental, General Retail, and Restaurant with Drive Through STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MN SC Use-Specific Standard Equipment Sales and Rental General Retail, Less than 5,000 Square P P 5.3.5Q Feet Restaurant with Drive Through S+ P+ 5.3.5J Dimensional Standards MN SC Minimum Lot Area 2,500 sq ft 10,000 sq ft Minimum Front Yard Setback 10 feet 20 feet Minimum Side Yard Setback None \[1\] 5 feet \[1\] Minimum Rear Yard Setback None \[1\] 10 feet \[1\] Maximum Building Height 65 feet \[1\] \[2\] 55 feet \[1\] Maximum Building Coverage 80 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Buildings between 41 and 65 feet shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT Zimmerer Kubota & Equipment, 36 Inc. Equipment Sales and N/A Rental Zimmerer Kubota & Equipment, 36 Inc. Equipment Sales and N/A Rental Denton Florist et. al - General 36 1991 Retail Zimmerer Kubota & Equipment, 36 Inc. Equipment Sales and 1990 Rental Subway - Restaurant with Drive 36 1978 Through SITE DATA: The subject area is developed with multiple uses - Equipment Sales and Rental, General Retail, and Restaurant with Drive Through. The area contains FEMA (Floodway and Floodplain) and ESA (Floodplain) designations. The area has primary frontage on US 380 to the north and Loop 288 to the east. Secondary access and access to parcel located to the south is available from the Loop 288 frontage road. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: General Office (GO) Zoning: Public Facilities (PF) Zoning: Light Industrial (LI) and General Office (GO) Use: US 380, General Retail Use: US 380, Loop 288 and and Minor Automotive Repair Uses: US 380, Undeveloped, Undeveloped Shop and General Retail West: East: Zoning: Mixed-Use Zoning: Planned Development Neighborhood (MN) (PD) SUBJECT PROPERTY Use: Undeveloped Use: Loop 288 and Undeveloped Southwest: South: Southeast: Zoning: Mixed-Use Zoning: Mixed-Use Zoning: Planned Neighborhood (MN) Neighborhood (MN) Development (PD) Use: Undeveloped Use: Undeveloped Use: Loop 288 and Undeveloped PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 5 notices were sent to property owners within 200 feet of the subject property, 17 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 multiple uses - Equipment Sales and Rental, General Retail, and Restaurant with Drive Through. 2. The area has primary frontage on US 380 to the north and Loop 288 to the east. Secondary access and access to parcels located to the south is available from the Loop 288 frontage road. 3. The Suburban Corridor (SC) is a more appropriate Zoning District for the area. Its location along US 380 and Loop 288, and its Future Land Use designation of Community Mixed Use makes the area suitable for uses that are allowed under the SC Zoning District. 4. Many of the commercial and industrial uses that are allowed in the MN are also allowed in the SC, with some exceptions: a. Hospital Services, Kennel, Tattoo and Body Piercing Parlor, Smoke Shop, Motel, Major Automotive Repair Shop, Parking Lot as a Principal Use, and Low- Impacted Manufacturing are not allowed in the MN, but are allowed in the SC. b. Medical Clinic, Outdoor Recreation Facility, Bar, Tavern or Lounge, Restaurant with Drive-Through, Credit Access Business, Printing, Copying, and Printing Establishment, General Retail with More than 15,000 Square Feet, Boarding or Rooming House, Automotive Fuel Sales, Minor Automotive Repair Shop, Craft Alcohol Production, and Self-Service Storage are allowed with a Specific Use Permit (SUP) in the MN, but are allowed by right in the SC. c. Multifamily Dwelling is allowed with a SUP in the SC, but are allowed by right in the MN. 5. The purpose of the SC Zoning 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 36 Site Location 087.5175350 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/6/2019 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 36 Future Land Use Map Community Mixed Use Business Innovation Moderate Residential Neighborhood Mixed Use Low Residential 087.5175350 Feet µ SITECommunity Mixed Use Future Land Use Neighborhood Mixed Use Low Residential Parcels Business Innovation Moderate Residential Roads Date: 6/6/2019 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 36 Proposed Zoning Map GO 288 S T PF LI 380 £ ¤ SC 288 S T R7 PD MN 055110220 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 36 Notification Map 087.5175350 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/6/2019 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\\ZCI19-0036.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 3.46 ACRES OF LAND, GENERALLY LOCATED SOUTH OF US 380 AND WEST OF LOOP 288, 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. (ZCI19-0036) 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 3.46 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 (NRMU) 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. BEGINNING in the Southeast corner of said 1.09 acre tract being the Southeast corner of the herein described tract of land described in a deed to Zimmerer Real Properties, L.L.P., as recorded in County Clerk File Number 2004-5424, Real Properties Records, Denton County, Texas and also being the most northernly Northeast corner of a tract of land described in a deed to Geelsing Gassaway County, Inc., as recorded in County Clerk File Number 2005-50247, st found for an inner ell corner thereof and the Southwest corner of said Zimmerer tract bears South 01 degrees 00 minutes 00 seconds West a distance of 99.56 feet; THENCE North 88 degrees 15 mlnuta5 38 seconds West with the North line of said Geesling tract and the South line of said 1.09 acre tract, a distance of 149.77 feet to a capped iron rod Found for the Southwest corner thereof, the Southwest corner of the herein described tract and the Southeast corner of a tract of land described in a deed to CS Residential Inc., as recorded in County Clerk File Number 2010-37208, Real Property Records, Denton County, Texas; uthwest corner of said CS Residential Inc., bears North 88 degrees 15 minutes 36 seconds West a distance of 288.84 feet; THENCE North 00 degrees 44 minutes 46 seconds East with the East line of said CS Residential tract and the West line of said 1.09 acre tract, along or near a fence part of the way, a distance of 142.53 feet to a capped iron rod set for the Northwest corner of the herein described tract, from which a 2" pipe found for the Northwest corner of said 1.09 acre tract bear North 00 degrees 44 minutes 46 seconds East a distance of distance of 175.01 feet; THENCE South 88 degrees 15 minutes 35 seconds East with a line severing said 1.09 acre tract, a distance of 149.76 feet to a capped iron rod set in the East line thereof for the Northeast corner pf the herein described tract and being in the West line said Zimmerer tract, from which minutes 20 seconds East, a distance of 169.44 feet; THENCE South 00 degrees 44 minutes 20 seconds West with the West line of said Zimmerer tract and the East line of said 1.09 are tract, along or near a fence, distance of 142.53 feet the PLACE OF BEGINNING and enclosing 0.49 of an acre of land more or less, is commonly known as DCAD Property ID No. 497352. 2. Being Lot 1, Block 1, of the SHELLY ADDITION, as recorded in Cabinet H, Page 255, Plat Records, Denton County, Texas. Also being the same property addressed at 2926 E UNIVERSITY DR, Denton, Texas, is commonly known as DCAD Property ID No. 35905. 3. All that certain tract or parcel of land situated in the R. B. Longbottom Survey, Abstract Number 775, Denton County, Texas; said tract also being part of a called 1.570 acre tract shown by deed to Fred H. Peterson et ux as recorded in Vol. 1047 page 970 of the Deed Records, and part of a called 1.159 acre tract shown by deed to Fred H. Peterson, Jr. and Sam H. Peterson as recorded in Volume 929, Page 553 Deed Records, Denton County, Texas, and being more fully described as follows: BEGINNING for the northeast corner of the tract being described herein at a set 1/2-inch rebar; said rebar also being the northeast corner of the remainder of said 1.570 acre tract, the northwest corner of a tract shown by deed to the State of Texas as recorded in Volume 1047, Page 974, the same being the west right of way line of State Highway Loop 288, and bears South 43 degrees 57 minutes 58 seconds East, 84.85 feet, and South 01 degree 40 minutes 41 seconds West, 120.84 feet from the intersection of the south right of way line of U.S. Highway 380 with the west right of way line of said State Highway Loop 288. THENCE South 01 degree 40 minutes 41 seconds West, along the west right-of-way line of said State Highway Loop 288, and the east line of the remainder of said 1.570 acre tract passing its southeast corner, the same being the northeast corner of the remainder of said 1.159 acre tract, the same being the northwest corner of a tract shown by deed to the State of Texas as recorded in Volume 1039, Page 986 of the Denton County Deed Records, continuing along said course, in all a total distance of 204.51 feet to a found concrete right of way marker for an angle point; THENCE South 09 degrees 16 minutes 33 seconds East, continuing along the west right-of- way line of said State Highway Loop 288, and the east line of the remainder of said 1.159 acre tract, a distance of32.05 feet to a set 1/2-inch rebar for the southeast corner of the herein described tract; said rebar also being the southeast corner of the remainder of said 1.159 acre tract, and the southwest corner of said State of Texas tract (Volume 1039, Page 986); THENCE North 88 degrees 44 minutes 18 seconds West, along the South line of said 1.159 acre tract, a distance of 335.40 feet to a found 2-inch pipe fence corner post for the southwest corner of the herein described tract; said fence corner post also being the southwest corner of said 1.159 acre tract; THENCE North 00 degrees 42 minutes 52 seconds East, along and near a fence, and the west line of said 1.159 acre tract, a distance of 100.17 feet to a found 3/8-inch rebar for the northwest corner of said 1.159 acre tract and the southwest corner of said 1.570 acre tract; THENCE North 00 degrees 42 minutes 50 seconds East with the west line of said 1.570 acre tract, a distance of 135.80 feet to a found 3/8-inch rebar for the northwest corner of said 1.570 acre tract; THENCE South 88 degrees 44 minutes 48 seconds East, along the north line of said 1.570 acre tract, a distance of 333.02 feet to the POINT OF BEGINNING and containing 1.796 acres of land, is commonly known as DCAD Property ID Nos. 35937 and 35933. 4. All that certain lot, tract or parcel of land, including improvements except for any and all property associated with the underground storage tanks, pipes, pumps, equipment, canopy and console constituting the property used for storage and dispensing of fuels, all excepted property being owned by Martin Eagle Oil Company, Inc. lying and being situated in the City and County of Denton, state of Texas, and being a part of a called nine and one-half (9 1/2) acre tract of land as conveyed by Deed dated January 21, 1946, from W. J. Pilgrim and wife, Roxie Pilgrim, to Billy W. Claytor, as shown of recorded in Volume 321, page 342, of the Deed Records of Denton County, Texas; being out of the R.B. Longbottom Survey, Abstract Number 775, and being more particularly described as follows: BEGINNING at a steel pin in the South Boundary Line of Texas state Highway Number 24, and being 100 feet from and at right angles to the center line of said highway, and being the Northwest Corner of a certain tract as conveyed by Deed dated July 12, 1968, from Lindon H. Wilson and wife, Wanda Lee Wilson, to Allie I. Miller, as shown of record in Volume 569, page 354, of the Deed Records of Denton County, Texas; THENCE SOUTH 00 degrees, 44 minutes, 20 seconds West 313.23 feet to a steel pin in an East and West fence line and in the south Boundary Line of the past mentioned 9 1/2 acre tract and being the Southwest Corner of a tract of land as conveyed by Deed dated February 14, 1956, from E.D. Martin and wife, Mrs. E. D. Martin, to Billy w. Claytor and wife, Ruby Fay Claytor, as shown of record in Volume 419, page 235, of the Deed Records of Denton County, Texas; THENCE North 88 degrees, 23 minutes, 50 seconds West, along the south Boundary Line of said 9 1/2 acre tract, same being a fence line, 149.72 feet to a steel pin for corner; THENCE North oo degrees, 44 minutes, 20 seconds East 320.57 feet to a steel pin for corner in the South Boundary Line of Texas State Highway Number 24; THENCE SOUTHEASTERLY, along the arc of a curve to the left whose radius is 3757.29 feet and whose chord is South 85 degrees, 35 minutes, 30 seconds East, 150.00 feet to POINT OF BEGINNING and containing 1. 09 acres of land, more or less. SAVE AND EXCEPT: BEGINNING ill the Southeast comer of said 1.09 acre tract being the Southeast corner of the herein described tract of land described in a deed to Zimmerer Real Properties, L.L.P., as recorded in County Clerk File Number 2004-5424, Real Properties Recrods, Denton County, Texas and also being the most northerthly Northeast corner of a tract of land described in a deed to Geelsing Gassaway County, Inc., as reciorded in County Clerk File Number 2005- for an inner ell corner thereof and the Southwest corner of said Zimmerer tract bears South 01 degrees 00 minutes 00 seconds West a distance of 99.56 feet; THENCE North 88 degrees 15 mlnuta5 38 seconds West with the North line of said Geesling tract and the South line of said 1.09 acre tract, a distance of 149.77 feet to a capped iron rod Found for the Southwest corner thereof, the Southwest comer of the herein described tract and the Southeast comer of a tract of land described in a deed to CS Residential Inc., as recorded in County Clerk File Number 2010-37208, Real Property Records, Denton County, Texas; Inc., bears North 88 degrees 15 minutes 36 seconds West a distance of 288.84 feet; THENCE North 00 degrees 44 minutes 46 seconds East with the East line of said CS Residential tract and the West line of said 1.09 acre tract, along or near a fence part of the way, a distance of 142.53 feet to a capped iron rod set for the Northwest comer of the herein described tract, from which a 2" pipe found for the Northwest comer of said 1.09 acre tract bear North 00 degrees 44 minutes 46 seconds East a distance of distance of 175.01 feet; THENCE South 88 degrees 15 minutes 35 seconds East with a line severing said 1.09 acre tract, a distance of 149.76 feet to a capped iron rod set in the East line thereof for the Northeast corner pf the herein described tract and being in the West line said Zimmerer tract, from which minutes 20 seconds East, a distance of 169.44 feet; 5. THENCE South 00 degrees 44 minutes 20 seconds West with the West line of said Zimmerer tract and the East line of said 1.09 are tract, along or near a fence, distance of 142.53 feet the PLACE OF BEGINNING and enclosing 0.49 of an acre of land more or less, is commonly known as DCAD Property ID No. 35912. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0037a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidential3(NR-3)andNeighborhoodResidential6(NR-6) totheSuburbanCorridor(SC)zoningdistrictanduseclassificationdefinedunderthe2019Denton DevelopmentCode(OrdinanceDCA18-0009q),onapproximately46.43acresofland,generallylocatedeastof LocustStreetbetweenLoop288andHerculesLane,intheCityofDenton,DentonCounty,Texas;amending theCity’sofficialzoningmap;providingforapenaltyinthemaximumamountof$2,000.00forviolations thereof;providingforseverability;andestablishinganeffectivedate.ThePlanningandZoningCommission recommends approval, with a condition (4-3). (ZCI19-0037a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 3 (NR-3) and Neighborhood Residential 6 (NR-6) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 46.43 acres of land, generally located east of Locust Street between Loop 288 and Hercules Lane, in the City of Denton, Denton of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval, with a condition (4-3). (ZCI19-0037a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval, with a condition that two parcels (Property IDs 234187 and 34620) not be included in the Zoning Change (4-3). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Responses 11. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0037 City Initiated Zoning Changes (Area 37) City Council District 2 REQUEST: To change the zoning district and use classification for approximately 58.67 acres of land, generally located east of Locust Street between Loop 288 and Hercules Lane. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE ASBURY UNITED Asbury United Methodist 37 234187 METHODIST 117 HERCULES LN Church - Religious Assembly CHURCH ASBURY UNITED 37 34620 METHODIST 117 HERCULES LN General Agriculture CHURCH 37 313900 HAISLER, J B, JR LOOP 288 & N LOCUST General Agriculture SIZE: 58.67 acres 2002 ZONING: Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), and Neighborhood Residential 6 (NR-6) 2019 ZONING: Residential 2 (R-2), Residential 3 (R-3), and Residential 6 (R-6) CITIZEN(S) REQUESTED ZONING: Suburban Corridor (SC) STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Religious Assembly and General Agriculture STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use R2 R3 R6 SC Use-Specific Standard Religious Assembly P+ P+ P+ P+ 5.3.4D General Agriculture aǒƌƷźŅğƒźƌǤ 5ǞĻƌƌźƓŭ {њ Ў͵Ќ͵Ќ5 DĻƓĻƩğƌ wĻƷğźƌͲ \[Ļƭƭ ƷŷğƓ ЎͲЉЉЉ {ƨǒğƩĻ t Ў͵Ќ͵Ўv CĻĻƷ DĻƓĻƩğƌ wĻƷğźƌͲ .ĻƷǞĻĻƓ ЎͲЉЉЉ {ƨǒğƩĻ t CĻĻƷ ğƓķ ЊЎͲЉЉЉ {ƨǒğƩĻ CĻĻƷ DĻƓĻƩğƌ wĻƷğźƌͲ aƚƩĻ ƷŷğƓ ЊЎͲЉЉЉ t Ў͵Ќ͵Ўw {ƨǒğƩĻ CĻĻƷ R3 Dimensional Standards R2 R6 SC 10,000 sq ft Minimum Lot Area 16,000 sq ft 6,000 sq ft 10,000 sq ft 20 feet Minimum Front Yard Setback 20 feet 10 feet 20 feet 10 feet Minimum Side Yard Setback 10 feet 5 feet 5 feet \[1\] 10 feet Minimum Rear Yard Setback 10 feet 10 feet 10 feet \[1\] 40 feet Maximum Building Height 40 feet 40 feet 55 feet \[1\] Maximum Building Coverage 40 percent 50 percent 60 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Buildings between 41 and 65 feet shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT Asbury United Methodist 37 2000 Church - Religious Assembly 37 General Agriculture N/A 37 General Agriculture N/A SITE DATA: The subject area is generally undeveloped, with the exception of a Religious Assembly use located on Hercules Lane. The area contains FEMA (Zone X - Floodplain) and ESA (Riparian Buffer) designations, extending northwest to southeast through the property. The area contains a 100-foot wide Electric Easement, located west to east along the Floodplain and turning north along the eastern boundary of the area, adjacent to the existing neighborhood. The area has primary frontage on Locust Street, a primary arterial to the west and Loop 288 to the north. Secondary access and access to the parcel located to the south is available from Hercules Lane, a collector road. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Suburban Corridor Zoning: Suburban Corridor Zoning: Residential 4 (R4) (SC) and Planned (SC) Development (PD) Use: Loop 288 and Single Uses: Loop 288 and Family Detached Dwelling Use: Loop 288 and Undeveloped Undeveloped West: East: Zoning: Suburban Corridor Zoning: Residential 4 (R4) (SC), Planned Development (PD) and Public Facilities (PF) Use: Single Family Detached SUBJECT PROPERTY Dwelling Use: Undeveloped, Proposed Commercial Use and Electric Substation Southwest: South: Southeast: Zoning: Residential 6 (R6) Zoning: Residential 3 (R3) Zoning: Residential 4 (R4) Use: Proposed Single Family Use: Single Family Detached Use: Religious Assembly and Detached Dwelling Dwelling Single Family Detached Dwelling PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 75 notices were sent to property owners within 200 feet of the subject property, 208 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 received six (6) responses in opposition and no response in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1. The subject area is generally undeveloped, with the exception of a Religious Assembly use located on Hercules Lane. 2. The area contains the following designations: a. FEMA (Zone X - Floodplain) designation - extending northwest to southeast through the property and ESA (Riparian Buffer) designation. b. 100-foot wide Electric Easement - located west to east along the Floodplain and turning north along the eastern boundary of the area, adjacent to the existing neighborhood. 3. No development is allowed within the 100-foot wide Electric Easement, as a result creating an extra wide setback between the existing residential neighborhood to the east and any future development to the west. 4. The area has primary frontage on Locust Street, a primary arterial to the west and US 380 to the north. Secondary access and access to the parcel located to the south is available from Hercules Lane, a collector road. 5. The Suburban Corridor (SC) is a more appropriate Zoning District for the area. Its location along Loop 288 and Locust Street, and its Future Land Use designation of Community Mixed Use makes the area suitable for uses that are allowed under the SC Zoning District. 6. The purpose of the SC Zoning 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Neighborhood Residential 2 (NR-2), Neighborhood Residential 3 (NR-3), and Neighborhood Residential 6 (NR-6) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 37 Site Location 288 ! ( HERCULES YUCCA MEADOWEDGE 03006001,200 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/6/2019 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 37 Future Land Use Map Rural Areas Low Residential Government / Institutional Commercial Business Innovation 288 ! ( Community Mixed Use Moderate Residential YUCCA MEADOWEDGE Parks / Open Space 03006001,200 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Rural Areas Parcels Commercial Low Residential Roads Government / Institutional Moderate Residential Parks / Open Space Community Mixed Use Date: 6/6/2019 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 37 Proposed Zoning Map SC R4 PF 288 S T PD 2164 PF R6 R3 R4 0110220440 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 37 Notification Map 288 ! ( HERCULES YUCCA MEADOWEDGE 03006001,200 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/6/2019 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:Clountz, Debra <Debra.Clountz@unt.edu> Sent:Monday, June 24, 2019 8:20 AM To:Menguita, Ron P. Subject:Rezoning 58.67 acres on east Locust Street between loop 288 and Hercules lane Mycitytaxeshavegoneup45%overtheyears.Ifthispropertybecamehousethecitycouldgetmoretaxesandhelp spreadtheburdenoftaxes.PleasedonotaccepttheproposaltogotoaSuburbanCorridor. JanClountz ProjectManager 9405652677 1 S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0037.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM NEIGHBORHOOD RESIDENTIAL 3 (NR- 3) AND NEIGHBORHOOD RESIDENTIAL 6 (NR-6) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 46.43 ACRES OF LAND, GENERALLY LOCATED EAST OF LOCUST STREET BETWEEN LOOP 288 AND HERCULES LANE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING TZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0037) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Neighborhood Residential 3 (NR-3) and Neighborhood Residential 6 (NR-6) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 46.43 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 June 26, 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 4-3 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 3 (NR-3) and Neighborhood Residential 6 (NR-6) 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. All that certain lot, tract or parcel of land situated in the County of Denton, State of Texas, being 253.6 acres of land more or less, being a part of the C. R. Johns, and Company Survey, Patent No .205, Vol.20, and a part of the Victor Gailor one third League Survey, patented to Jot Gunter, and W. B. Munson, Patent No.475, Vol.8, described by field notes as follows: BEGINNING at a stake in the center of the Denton and Gainesville road on the south line of the C.R. Johns and Co. survey, and at the northwest corner of an 83 acre tract out of the B.B.B 8 C.R.R. Company survey once owned by W.G. Wilson and later by Kessee; THENCE East with the south boundary line of said Johns survey 525 varas to a stake in said line 5 varas east of said Kessee northeast corner; THENCE North at 1063 varas crossing the North line of. said Johns survey in all 2664.64 varas to the southeast corner of a roadway conveyed by Mrs A.M. Bush to E. Cocanougher by deed recorded in Book 124, page 96, Denton County Deed Records; THENCE South 89.5 deg. west with the south boundary line of said Cocanougher roadway 547 varas to the southwest corner of said Cocanougher roadway in center of Denton and Gainesville Public road; THENCE South 1/2 deg. East with the center of said road 752.64 varas to a stake in center of road; THENCE South 1/4 deg. East 842 varas to a stake in center of said road on the north line of said Johns survey; THENCE South 0 deg. 39' west with the center of said roadway 1063 varas to the place of beginning, together with an undivided one-half interest in and to a deep well and all equipment connected therewith, situated on or about the east line of the above described property, and containing 98.8 acres, more or less, out of the Johns and Co. Survey, and 154.8 acres, more or less, out of the Gailor survey. SAVE AND EXCEPT: All that certain tract or parcel of land situated in the Thomas Toby Survey Abstract 1288, in the City and County of Denton, Texas, being out of the Southwest corner of a certain 98.8 acre tract deeded by H. G. Brown et ux to J. B. Haisler et ux on 7/19/1945, recorded in Vol. 316, Page 69, Deed Records of said County, and being more particularly described aa follows; BEGINNING at the existing Southwest corner of said 98.8 acre tract at the intersection of the East right-of-way of FM Road 2164 with the South line of said Toby Survey, in a public road which is an extension of Hercules Lane; THENCE -of-way of said FM Road 721.7 feet to a corner in the middle of a draw, or drain, flowing Easterly; if said drain moves 466.7 feet to an angle; THENCE S. 50° 03' E, with the middle of said draw 1008.4 feet and remaining on course and distance if said draw moves, to a corner of the North fence of said public road; the South line of said 98.8 acre tract and said Toby Survey; beginning, containing in all 13.042 acres of land, is commonly known as DCAD Property ID No. 313900. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0038a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidentialMixedUse(NRMU)totheSuburbanCorridor (SC)zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(Ordinance DCA18-0009q),onapproximately9.67acresofland,generallylocatedsouthofKingsRowandonbothsides ofLoop288,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providing forapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability;and establishinganeffectivedate.ThePlanningandZoningCommissionrecommendsdenial(7-0).ASUPER MAJORITYVOTEISREQUIREDTOAPPROVETHISITEM.(ZCI19-0038a,CityInitiatedZoningChange, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 9.67 acres of land, generally located south of Kings Row zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends denial (7-0). A SUPER MAJORITY VOTE IS REQUIRED TO APPROVE THIS ITEM. (ZCI19-0038a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 mprehensive plan. Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants municipa 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended denial (7- 0). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Responses 11. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0038 City Initiated Zoning Changes (Area 38) City Council District 2 REQUEST: To change the zoning district and use classification for approximately 9.67 acres of land, generally located south of Kings Row and on both sides of Loop 288. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE Undeveloped, Commercial Land 38 208122 PAAGE LTD N LOOP 288 & KINGS ROW or General Agriculture Undeveloped, Commercial Land 38 37003 PAAGE LTD N LOOP 288 & KINGS ROW or General Agriculture SIZE: 9.67 acres 2002 ZONING: Neighborhood Residential Mixed Use (NRMU) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): General Agriculture STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MN SC Use-Specific Standard General Agriculture aǒƌƷźŅğƒźƌǤ 5ǞĻƌƌźƓŭ tњ {њ Ў͵Ќ͵Ќ5 DĻƓĻƩğƌ wĻƷğźƌͲ \[Ļƭƭ ƷŷğƓ ЎͲЉЉЉ {ƨǒğƩĻ t t Ў͵Ќ͵Ўv CĻĻƷ DĻƓĻƩğƌ wĻƷğźƌͲ .ĻƷǞĻĻƓ ЎͲЉЉЉ {ƨǒğƩĻ CĻĻƷ t t ğƓķ ЊЎͲЉЉЉ {ƨǒğƩĻ CĻĻƷ DĻƓĻƩğƌ wĻƷğźƌͲ aƚƩĻ ƷŷğƓ ЊЎͲЉЉЉ {ƨǒğƩĻ { t Ў͵Ќ͵Ўw CĻĻƷ Dimensional Standards MN SC Minimum Lot Area 2,500 sq ft 10,000 sq ft Minimum Front Yard Setback 10 feet 20 feet Minimum Side Yard Setback None \[1\] 5 feet \[1\] Minimum Rear Yard Setback None \[1\] 10 feet \[1\] Maximum Building Height 65 feet \[1\] \[2\] 55 feet \[1\] Maximum Building Coverage 80 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Buildings between 41 and 65 feet shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT Undeveloped, Commercial Land 38 N/A or General Agriculture Undeveloped, Commercial Land 38 N/A or General Agriculture SITE DATA: The subject area is undeveloped, with a possible use of General Agriculture. The area does not contain any FEMA or ESA designation. The area has primary frontage on Loop 288. Secondary access is available from Kings Row, a collector road. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Public Facilities (PF) Zoning: Residential 7 (R7) Zoning: Residential 3 (R3) Use: Loop 288 and Electric Uses: Undeveloped and Use: Undeveloped and Single Substation Single Family Detached Family Detached Dwelling Dwelling West: East: Zoning: Residential 4 (R4) Zoning: Residential 3 (R3) SUBJECT PROPERTY Use: Single Family Detached Use: Undeveloped and Single Dwelling Family Detached Dwelling Southwest: South: Southeast: Zoning: Residential 4 (R4) Zoning: Suburban Corridor Zoning: Suburban Corridor (SC) (SC) Use: Single Family Detached Dwelling Use: Undeveloped Use: Undeveloped PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 17 notices were sent to property owners within 200 feet of the subject property, 55 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 receive one (1) response in opposition and no response in favor from property owners within 200 feet of the subject area. CONSIDERATIONS/FINDINGS OF FACT: 1. The subject area is undeveloped, with a possible use of General Agriculture. 2. The area has primary frontage on Loop 288. Secondary access is available from Kings Row, a collector road. 3. The Suburban Corridor (SC) is a more appropriate Zoning District for the area. Its location along Loop 288, and its Future Land Use designation of Community Mixed Use makes the area suitable for uses that are allowed under the SC Zoning District. 4. Many of the commercial and industrial uses that are allowed in the MN are also allowed in the SC, with some exceptions: a. Hospital Services, Kennel, Tattoo and Body Piercing Parlor, Smoke Shop, Motel, Major Automotive Repair Shop, Parking Lot as a Principal Use, and Low- Impacted Manufacturing are not allowed in the MN, but are allowed in the SC. b. Medical Clinic, Outdoor Recreation Facility, Bar, Tavern or Lounge, Restaurant with Drive-Through, Credit Access Business, Printing, Copying, and Printing Establishment, General Retail with More than 15,000 Square Feet, Boarding or Rooming House, Automotive Fuel Sales, Minor Automotive Repair Shop, Craft Alcohol Production, and Self-Service Storage are allowed with a Specific Use Permit (SUP) in the MN, but are allowed by right in the SC. c. Multifamily Dwelling is allowed with a SUP in the SC, but are allowed by right in the MN. 5. The purpose of the SC Zoning Distrtic 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 changing the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 38 Site Location 288 ! ( 0175350700 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/6/2019 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 38 Future Land Use Map Low Residential Community Mixed Use 288 ! ( Moderate Residential 0175350700 Feet µ SITECommunity Mixed Use Future Land Use Business Innovation Low Residential Parcels Moderate Residential Roads Date: 6/6/2019 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 38 Proposed Zoning Map PF R4 PF R7 R3 288 S T R4 SC R3 080160320 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 38 Notification Map 288 ! ( 0175350700 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/6/2019 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\\ZCI19-0038.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 9.67 ACRES OF LAND, GENERALLY LOCATED SOUTH OF KINGS ROW AND ON BOTH SIDES OF LOOP 288, 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. (ZCI19-0038) 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 9.67 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 June 26, 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 denial 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 2019, the City Council likewise conducted a public hearing as required by law, and upon consideration by supermajority vote, 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, notwithstanding the prior recommendation of denial; and WHEREAS, 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, by supermajority vote, in accordance with the procedures set forth in the Denton Development Code, 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 (NRMU) to the Suburban Corridor (SC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The ap 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 E. Drake, Jr. Exhibit A 1. All that certain tract of land situated in the David Culp Survey Abstract Number 287 in the City and County of Denton, Texas and being all of the catted 3.070 acre Tract 1 described in the deed from Thomas E. Brosseau, Trustee to I.K. Kim Trustee recorded in Volume 4315 Page 1405 of the Real Property Records of Denton County, Texas as recognized and occupied on the ground; the subject tract being more particularly described as follows; BEGINNING for the Southeast comer of the tract being described herein at a capped iron rod found stamped "carter/burgess" for the Southeast corner of said Tract 1 on the Westerly right- of way line of State Highway Loop 288 at the Northeast corner of the called 111.64 acre tract described in the deed to Edward F. Wolski recorded in instrument number 2005-16351 Real Property Records; THENCE North 88 degrees 32 minutes 27 seconds West with the North line thereof and South line of said Tract 1 a distance of 732.00 feet to a iron rod with a red plastic cap found for the Southwest corner of said Tract 1 on the apparent Easterly line of Old North Road; THENCE North 11 degrees 34 minutes 54 seconds East with the West line of said Tract 1 along said Road a distance of 48.60 feet to a capped iron rod set stamped "KAZ" now in the Westerly right-of-way line of said Loop 288; THENCE South 78 degrees 13 minutes 57 seconds East along said Loop a distance of 27.95 feet to a concrete tex-dot right-of-way monument found; THENCE North 42 degrees 05 minutes 17 seconds East continuing with said Loop a distance of 356.99 feet to a concrete tex-dot right-of-way monument found for the North comer of said Tract 1; THENCE North 87 degrees 12 minutes 43 seconds East again along said Loop a distance of 99.11 feet to a concrete tex-dot right-of-way monument found; THENCE South 47 degrees 48 minutes 30 seconds East again along said Loop a distance of 283.81 feet to a capped iron rod set stamped "KAZ" for the beginning of a curve to the right having a radius of 3710.00 feet and a chord which bears South 46 degrees 17 minutes 09 seconds East a distance of 202.13 feet; THENCE along the arc of said curve along said Loop an arc distance of 202.15 feet to the PLACE OF BEGINNING and enclosing 3.071 acres of land more or less, is commonly known as DCAD Property ID No. 208122. 2. All that certain tract of land situated in the David Culp Survey Abstract Number 287 in the City and County of Denton, Texas and being all of the called 5.226 acre Tract 2 described in the deed from Thomas E. Brosseau, Trustee to I.K. Kim, Trustee recorded in Volume 4315 Page 1405 of the Real Property Records of Denton County, Texas as recognized and occupied on the ground; the subject tract being more particularly described as follows; BEGINNING at the Southwest corner of the tract being described herein at a capped iron rod found for the Southwest corner of said Tract 2 and the most Westerly Northwest corner of the called 150.603 acre Tract I, described in the deed to Edward F. Wolski, M.D. recorded in Volume 4100 Page 1 Real Property Records, said rod being on the Easterly right-of-way line of State Highway Loop 288 in a curve to the left having a radius of 3940.00 feet and a chord which bears North 44 degrees 35 minutes 42 seconds West a distance of 447.00 feet; THENCE along the arc of said curve along said Loop an arc distance of 447.24 feet to a concrete TXDOT right-of-way monument found; THENCE North 55 degrees 40 minutes 25 seconds West continuing along said Loop a distance of 74.38 feet to a%" iron rod found; THENCE North 47 degrees 45 minutes 11 seconds West again along said Loop a distance of 209.41 feet to a capped iron rod set stamped" KAZ" for a flair in said Loop; THENCE North 17 degrees 42 minutes 55 seconds East with said flair a distance of 109.33 feet to a concrete TXDOT right-of-way monument found on the Southern side of Kings Row; THENCE North 02 degrees 51 minutes 41 seconds West into said Row a distance of 25.70 feet to the Northwest corner of said Tract 2; THENCE South 88 degrees 29 minutes 53 seconds East with the North line thereof in said Row a distance of 564.61 feet to a capped iron rod found stamped "KHA" for the Northeast corner of said Tract 2 and the most Northerly Northwest corner of said 150.603 acre tract; THENCE South 00 degrees 46 minutes 14 seconds West with the West line thereof and East line of said Tract 2 at 24.11 feet passing a %" iron rod found on the South side of said Row and continuing along said course along and near a fence, in all, a total distance of 617.51 feet 150.603 acres; THENCE North 88 degrees 36 minutes 57 seconds West with the North line thereof and South line of said Tract 2 a distance of 57.84 feet to the PLACE OF BEGINNING and enclosing 5.224 acres of land more or less, is commonly known as DCAD Property ID No. 37003. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0039a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromNeighborhoodResidentialMixedUse(NRMU)totheSuburbanCorridor (SC)zoningdistrictanduseclassificationdefinedunderthe2019DentonDevelopmentCode(Ordinance DCA18-0009q),onapproximately5.05acresofland,generallylocatedwestofLoop288approximately900 feetsouthofAudraLane,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoning map;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingfor severability;andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendsapproval (7-0). (ZCI19-0039a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 5.05 acres of land, generally located west of Loop 288 approximately 900 feet south of Audra 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 recommends approval (7-0). (ZCI19-0039a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0039 City Initiated Zoning Changes (Area 39) City Council District 2 REQUEST: To change the zoning district and use classification for approximately 5.05 acres of land, generally located west of Loop 288 approximately 900 feet south of Audra Lane. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE New Generation Child Care - Day Care, Adult, or Child and 39 35796 SARATAN CORP I 909 N LOOP 288 Administrative, Professional, and Government Office SIZE: 5.05 acres 2002 ZONING: Neighborhood Residential Mixed Use (NRMU) 2019 ZONING: Mixed-Use Neighborhood (MN) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Adult or Child Day Care and Administrative, Professional, and Government Office STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use MN SC Use-Specific Standard Adult or Child Day Care P P 5.3.4B Administrative, Professional, and P+ P 5.3.5K Government Office aǒƌƷźŅğƒźƌǤ 5ǞĻƌƌźƓŭ tњ {њ Ў͵Ќ͵Ќ5 DĻƓĻƩğƌ wĻƷğźƌͲ \[Ļƭƭ ƷŷğƓ ЎͲЉЉЉ {ƨǒğƩĻ t t Ў͵Ќ͵Ўv CĻĻƷ DĻƓĻƩğƌ wĻƷğźƌͲ .ĻƷǞĻĻƓ ЎͲЉЉЉ {ƨǒğƩĻ CĻĻƷ t t ğƓķ ЊЎͲЉЉЉ {ƨǒğƩĻ CĻĻƷ DĻƓĻƩğƌ wĻƷğźƌͲ aƚƩĻ ƷŷğƓ ЊЎͲЉЉЉ {ƨǒğƩĻ { t Ў͵Ќ͵Ўw CĻĻƷ Dimensional Standards MN SC Minimum Lot Area 2,500 sq ft 10,000 sq ft Minimum Front Yard Setback 10 feet 20 feet Minimum Side Yard Setback None \[1\] 5 feet \[1\] Minimum Rear Yard Setback None \[1\] 10 feet \[1\] Maximum Building Height 65 feet \[1\] \[2\] 55 feet \[1\] Maximum Building Coverage 80 percent 80 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Buildings between 41 and 65 feet shall require a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT New Generation Child Care - Day Care, Adult, or Child and 39 1975 Administrative, Professional, and Government Office SITE DATA: The subject area is developed with an Adult or Child Day Care and Administrative, Professional, and Government Office. Many of the existing commercial units are vacant. The area does not contain any FEMA or ESA designation. The area has primary frontage on Loop 288 to the east. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Public Facilities (PF) Zoning: Public Facilities (PF) Zoning: Planned Development (PD) Use: Undeveloped Uses: Undeveloped Use: Loop 288 and Undeveloped West: East: Zoning: Public Facilities (PF) Zoning: Planned Development (PD) and Mixed-Use SUBJECT PROPERTY Neighborhood (MN) Use: Electric Substation Use: Loop 288 and Undeveloped Southwest: South: Southeast: Zoning: Residential 7 (R7) Zoning: Residential 7 (R7) Zoning: Public Facilities (PF) and Mixed-Use Neighborhood (MN) Use: Undeveloped Use: Undeveloped Use: Loop 288 and Undeveloped PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 4 notices were sent to property owners within 200 feet of the subject property, 15 courtesy notices were sent to physical addresses within 500 feet of the subject property, 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 an Adult or Child Day Care and Administrative, Professional, and Government Office. Many of the existing commercial units are vacant. 2. The area has primary frontage on Loop 288 to the east. 3. The Suburban Corridor (SC) is a more appropriate Zoning District for the area. Its location along Loop 288, and the existing building developed on the parcel makes the area suitable for uses that are allowed under the SC Zoning District. 4. Many of the commercial and industrial uses that are allowed in the MN are also allowed in the SC, with some exceptions: a. Hospital Services, Kennel, Tattoo and Body Piercing Parlor, Smoke Shop, Motel, Major Automotive Repair Shop, Parking Lot as a Principal Use, and Low- Impacted Manufacturing are not allowed in the MN, but are allowed in the SC. b. Medical Clinic, Outdoor Recreation Facility, Bar, Tavern or Lounge, Restaurant with Drive-Through, Credit Access Business, Printing, Copying, and Printing Establishment, General Retail with More than 15,000 Square Feet, Boarding or Rooming House, Automotive Fuel Sales, Minor Automotive Repair Shop, Craft Alcohol Production, and Self-Service Storage are allowed with a Specific Use Permit (SUP) in the MN, but are allowed by right in the SC. c. Multifamily Dwelling is allowed with a SUP in the SC, but are allowed by right in the MN. 5. Administrative, Professional, and Government Office is permitted in both MN and SC Zoning Districts. MN has a Use-specific Standards (5.3.5K) that limits the use to less than 25,000 square feet per lot. More than 25,000 square requires an SUP. 6. The purpose of the SC Zoning 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 39 Site Location 0125250500 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/6/2019 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 39 Future Land Use Map Neighborhood Mixed Use Low Residential Business Innovation Moderate Residential Government / Institutional 0125250500 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Government / Institutional Moderate Residential Roads Date: 6/6/2019 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 39 Proposed Zoning Map PD PF 288 S T MN R7 PFR4 055110220 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 39 Notification Map 0125250500 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/6/2019 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\\ZCI19-0039.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 5.05 ACRES OF LAND, GENERALLY LOCATED WEST OF LOOP 288 APPROXIMATELY 900 FEET SOUTH OF AUDRA LANE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE 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. (ZCI19-0039) 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 5.05 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 (NRMU) 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 a tract of land situated In the MEP & PRR Company Survey Abstract no. 927, Denton County, Texas, and being a part of a called 31.491 acre tract of land as described by deed to Clinton W. Twaddell, John L Dawson and Hubert G. Driggs, as recorded in Volume 573, Page 656, of the Deed Records of Denton County, Texas, and being that same tract of land as described by deed to Barron Investments, LTD., as recorded in Volume 4141, Page 1655, 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 at the northeast comer of said to Barron Investments Ltd., tract, and the most easterly Southeast comer of a tract of land as described by deed to .A. Grant Jr., s recorded under County Clerk File number 93-R0081550, of the Real Property Records of Denton County, Texas same being in the west line of State Highway Loop 288 (a variable width right-of-way); THENCE in a southerly direction with the west line of said Loop 288, the following course and distances; orner; corner of a tract of land described by deed to the Greater Denton Arts Council, as recorded in Volume 1184, Page 581, of the Deed Records of Denton County, Texas; a distance of 446.09 feet to a 1/2 inch iron rod found at the most south8f'ly southeast comer of said Grant tract: to a to o 1/2 inch iron rod found for an ell corner of said Grant tract; uth line of said Grant tract a distance of 358.33 to a 1/2 inch iron rod found for corner; to a 1/2 inch iron rod found for a corner; t, with the south line of said Grant tract a distance of 129.39 feet to the POINT OF BEGINNING and containing 5.106 acres of land more or less, and being subject to any easements that may affect, is commonly known as DCAD Property ID No. 35796 Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0040a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromEmploymentCenterIndustrial(EC-I)totheGeneralOffice(GO)zoning districtanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q), onapproximately91.33acresofland,generallylocatedonbothsidesofRussellNewmanBoulevardbetween Loop288andMayhillRoad,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoning map;providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingfor severability;andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendsapproval(7 -0). (ZCI19-0040a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 Industrial (EC-I) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 91.33 acres of land, generally located on both sides of Russell Newman Boulevard between Loop 288 and Mayhill Road, in the City of Denton, Denton County, Texas; amending thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0040a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0040 City Initiated Zoning Changes (Area 40) City Council District 2 REQUEST: To change the zoning district and use classification for approximately 91.33 acres of land, generally located on both sides of Russell Newman Boulevard between Loop 288 and Mayhill Road. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE AKMR ANNA Alpha Christian Academy - Day 40 147868 3812 MARKET ST DAYCARE, LLC Care, Adult or Child MRLP RN 3790 RUSSELL NEWMAN Safran Electrical and Power 40 245754 WAREHOUSE LLC BLVD Manufacturing Low-Impact 40 284467 MRLP RN LAND LLC 600 S LOOP 288 Undeveloped, Commercial Land DENTON MARKET Sign It Drive It Service - 40 564283 STREET 3835 MARKET ST Automotive Sales and Leasing PROPERTIES, LLC DENTON MARKET InDepth Customs - Automotive 40 564284 STREET 3839 MARKET ST Repair Shop, Minor PROPERTIES, LLC DENTON MARKET Brown Box Movers - Warehouse 40 564279 STREET 3825 MARKET ST and Wholesale Facility PROPERTIES, LLC DENTON MARKET Lemma Coffee Roasters - 40 564285 STREET 3841 MARKET ST Manufacturing Medium-Impact PROPERTIES, LLC MATTHEW & 40 39233 WHITNEY GOHLKE 3815 MARKET ST Undeveloped, Commercial Land PROPERTIES LLC Commercial, Warehouse and DENTON MARKET Wholesale Facility, possibly part 40 564281 STREET MARKET ST of Sign It Drive It Service PROPERTIES, LLC Automotive Sales or Leasing Commercial, Warehouse and DENTON MARKET Wholesale Facility, possibly part 40 564282 STREET 3831 MARKET ST of Sign It Drive It Service PROPERTIES, LLC Automotive Sales or Leasing Commercial, Warehouse and DENTON MARKET Wholesale Facility, possibly part 40 564280 STREET 3821 MARKET ST of Sign It Drive It Service PROPERTIES, LLC Automotive Sales or Leasing MRLP RN 3795 RUSSELL NEWMAN Commercial - Parking Lot as a 40 537044 WAREHOUSE LLC BLVD Principal Use U-Haul Neighborhood Dealer et. PLAN-IT STORAGE al - Self-Service Storage and 40 536967 520 BLAKE ST LLC Warehouse and Wholesale Facility 40 35811 MRLP RN LAND LLC 600 S LOOP 288 Undeveloped, Commercial Land Barebones Auto & Diesel Repair DENTON MARKET and Alta Mere Automotive 40 566412 STREET 3826 MARKET ST Outfitters Automotive Repair PROPERTIES, LLC Shop, Major DENTON MARKET 40 566413 STREET 3826 MARKET ST Undeveloped, Commercial Land PROPERTIES, LLC MRLP RN 3800 RUSSELL NEWMAN Commercial - Parking Lot as a 40 537043 WAREHOUSE LLC BLVD Principal Use MCKINNEY-MAYHILL 40 723440 3828 Market S Undeveloped, Commercial Land PARTNERS, LLC COLLINS-LEVERETT Flowers Thrift Store et. al - 40 39232 400 N LOOP 288 ASSOCIATES INC General Retail 3700 RUSSELL NEWMAN 40 300032 MRLP RN LAND LLC Undeveloped, Commercial Land BLVD LOOP 288 FLOOR CW Floors & Lighting - Building 40 39235 520 N LOOP 288 STORE & MORE LTD Materials and Supply Store Home Zone Furniture - General CYPRESS P/S LTD, Retail and Denton Gymnastics 40 174450 600 N LOOP 288 TEX LTD P/S Academy - Indoor Recreation Facility 40 35814 551 MAYHILL J/V 551 N MAYHILL RD Undeveloped, Commercial Land MRLP BICK 40 35809 821 N MAYHILL RD Undeveloped, Commercial Land PROPERTY LLC SIZE: 91.33 acres 2002 ZONING: Employment Center Industrial (EC-I) 2019 ZONING: Light Industrial (LI) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: General Office (GO) EXISTING USE(S): Adult and Child Day Care, Low-Impact Manufacturing, Automotive Sales and Leasing, Minor Automotive Repair Shop, Warehouse and Wholesale Facility, Medium- Impact Manufacturing, Parking Lot as a Principal Use, Self-Service Storage, Major Automotive Repair Shop, General Retail, Building Materials and Supply Store, and Indoor Recreation Facility STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use GO LI Use-Specific Standard Adult and Child Day Care P P+ 5.3.4B Low-Impact Manufacturing P+ P+ 5.3.6E Medium-Impact Manufacturing S S Automotive Sales and Leasing Minor Automotive Repair Shop P+ P+ 5.3.5W Major Automotive Repair Shop S+ P+ 5.3.5V Warehouse and Wholesale Facility P P 5.3.6H Parking Lot as a Principal P P Self-Service Storage P+ P+ 5.3.6G Building Materials and Supply Store P Indoor Recreation Facility P P General Retail, More than 15,000 Square P P+ 5.3.5R Feet Dimensional Standards GO LI Minimum Lot Area 2,500 feet 5,000 feet Minimum Front Yard Setback None 10 feet Minimum Side Yard Setback None \[1\] 5 feet \[1\] Minimum Rear Yard Setback 10 feet \[1\] None \[1\] Maximum Building Height 100 feet \[1\] \[2\] 75 feet Maximum Building Coverage 80 percent 85 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Additional height may be allowed with a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT Alpha Christian Academy - Day 40 2004 Care, Adult, and Childcare Safran Electrical and Power 40 2004 Manufacturing Low-Impact 40 Undeveloped, Commercial Land N/A Sign It Drive It Service - 40 2015 Automotive Sales and Leasing InDepth Customs - Automotive 40 2015 Repair Shop, Minor Brown Box Movers - Warehouse 40 2016 and Wholesale Facility Lemma Coffee Roasters - 40 2015 Manufacturing Medium-Impact 40 Undeveloped, Commercial Land 2016 Commercial, Warehouse and Wholesale Facility, possibly part 40 2016 of Sign It Drive It Service Automotive Sales or Leasing Commercial, Warehouse and Wholesale Facility, possibly part 40 2014 of Sign It Drive It Service Automotive Sales or Leasing Commercial, Warehouse and Wholesale Facility, possibly part 40 2016 of Sign It Drive It Service Automotive Sales or Leasing Commercial - Parking Lot as a 40 N/A Principal Use U-Haul Neighborhood Dealer et. al - Self-Service Storage and 40 2015 Warehouse and Wholesale Facility 40 Undeveloped, Commercial Land N/A Barebones Auto & Diesel Repair and Alta Mere Automotive 40 1983 Outfitters Automotive Repair Shop, Major 40 Undeveloped, Commercial Land 2015 Commercial - Parking Lot as a 40 N/A Principal Use 40 Undeveloped, Commercial Land N/A Flowers Thrift Store et. al - 40 1979 General Retail 40 Undeveloped, Commercial Land N/A CW Floors & Lighting - Building 40 1960 Materials and Supply Store Home Zone Furniture - General Retail and Denton Gymnastics 40 1972 Academy - Indoor Recreation Facility 40 Undeveloped, Commercial Land N/A 40 Undeveloped, Commercial Land N/A SITE DATA: The subject area is developed with primarily a mix of commercial and industrial uses, with undeveloped tracts located throughout the area. The area contains FEMA (Stream) and ESA (Floodplain) designations, located at the top right corner of the subject area. The area has frontage on Loop 288 to the west and Mayhill Road, a primary arterial, to the east. Russell Newman Boulevard, Blake Street and Market Street bisect the area in the middle. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Public Facilities (PF) Zoning: Residential 4 (R4) Zoning: Residential Rural (RR) and Extra-territorial Jurisdiction (ETJ) Use: Administrative, Uses: Undeveloped and Professional, and Single Family Detached Government Office and Loop Dwelling Use: Mayhill Road, 288 Undeveloped and Single Family Detached Dwelling West: East: Zoning: Mixed-Use Zoning: Residential Rural (RR) Neighborhood (MN) and Extra-territorial Jurisdiction (ETJ) SUBJECT PROPERTY Use: Loop 288 and Multifamily Dwelling Use: Mayhill Road, Major Automotive Repair Shop, Undeveloped and Single Family Detached Dwelling Southwest: South: Southeast: Zoning: Mixed-Use Zoning: Suburban Corridor Zoning: Planned Neighborhood (MN) and (SC) Development (PD) and Public Suburban Corridor (SC) Facilities (PF) Use: Undeveloped Use: loop288, Administrative, Use: Mayhill Road, Single Professional, and Family Detached Dwelling, Government Office and and Administrative, Restaurant Professional, and Government Office PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 20 notices were sent to property owners within 200 feet of the subject property, 38 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 primarily a mix of commercial and industrial uses, with undeveloped tracts located throughout the area. 2. The area has frontage on Loop 288 to the west and Mayhill Road, a primary arterial, to the east. Russell Newman Boulevard, Blake Street and Market Street bisect the area in the middle. 3. The subject area is designated in the Future Land Use Map as Business Innovation. 4. Business Innovation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus-like or corporate park setting that may include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation is proposed throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future development may build from this proximity and create a critical mass for economic development. The mixed-use nature of these areas will ensure that employment areas will be benefit from complementary retail and services throughout the day. 5. The General Office (GO) is a more appropriate Zoning District for the area. The undeveloped, large tracts, its location between Loop 288 and Mayhill Road, and its designation of Business Innovation makes the area suitable for uses that are allowed under the GO Zoning District. 6. Many of the commercial and industrial uses that are allowed in the LI are also allowed in the GO, with some exceptions: a. Elderly Housing, College or University, Private School, Hospital Services, are not allowed in the LI, but are allowed by right in the GO. b. Multifamily Dwelling is not allowed in the LI, but is allowed with in the GO with an SUP. c. Building Materials and Supply Store and Travel Plaza are not allowed in the GO, but are allowed by right in the LI. d. RV Parks, Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard, Equipment Sales and Rental, Outdoor Storage, are not allowed in the GO, but are allowed in the LI with an SUP. 7. The maximum building height in the GO is 100 feet (additional height may be allowed with a SUP), while it is 75 feet in the LI. 8. The maximum building coverage in the GO is 80 percent, while it is 85 percent in the LI. 9. The purpose of the GO Zoning District is intended to provide locations for a variety of workplaces and complementary uses. Principal 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Employment Center Industrial (EC-I) to the General Office (GO) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 40 Site Location ANYSA KINGFISHER RUSSELL NEWMAN MARKET 02755501,100 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/6/2019 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 40 Future Land Use Map Neighborhood Mixed Use Moderate Residential Business Innovation Low KINGFISHER RUSSELL NEWMAN Residential MARKET Community Mixed Use 02755501,100 Feet SITENeighborhood Mixed Use Future Land Use µ Business Innovation Low Residential Parcels Government / Institutional Moderate Residential Roads Parks / Open Space Community Mixed Use Date: 6/6/2019 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 40 Proposed Zoning Map R4 R7 PF R2 288 S T RUSSELL NEWMAN BLVD MN LI RR MARKET ST PD-R6 SC R2 R4 PF LI 0125250500 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 40 Notification Map ANYSA KINGFISHER RUSSELL NEWMAN MARKET 02755501,100 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/6/2019 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\\ZCI19-0040.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) TO THE GENERAL OFFICE (GO) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18- 0009Q), ON APPROXIMATELY 91.33 ACRES OF LAND, GENERALLY LOCATED ON BOTH SIDES OF RUSSELL NEWMAN BOULEVARD BETWEEN LOOP 288 AND MAYHILL 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. (ZCI19-0040) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Employment Center Industrial (EC-I) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 91.33 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Employment Center Industrial (EC-I) to the General Office (GO) 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 RD1 of the G D I SUBDIVISION, as recorded in Cabinet V, Page 410, Plat Records, Denton County, Texas. Also being the same property addressed at 3812 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 147868. 2. Being the east portion of Lot 1, Block B, of the RUSSELL-NEWMAN ADDITION, as recorded by Instrument No. 2002-108690, Plat Records, Denton County, Texas. Also being the same property addressed at 3790 RUSSELL NEWMAN BLVD, Denton, Texas, is commonly known as DCAD Property ID No. 245754. 3. TRACT 1: SOUTH TRACT ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 927, DENTON COUNTY, TEXAS BEING PART OF A CALLED 41.742 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO RUSSELL-NEWMAN MANUFACTURING COMPANY RECORDED IN VOLUME 636, PAGE 261 OF THE REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTIDULARLY DESCRIBE AS FOLLOWS: COMMENCING AT A FOUND PK NAIL AT THE SOUTHEAST CORNER OF SAID 48.742 ACRE TRACT IN MAYHILL ROAD, THENCE NORTH 89 DEGREES 29 MINUTES 11 SECONDS WEST WITH THE SOUTH LINE OF SAID 48.742 ACRE TRACT A DISTANCE OF 45.0 FEET TO THE POINT OF BEGINNING AT A SET ½ INCH IRON PIN AT THE SOUTHERN MOST SOUTHWEST CORNER OF THE MAYHILL RIGHT-OF-WAY DEDICATION AS SHOW ON THE FINAL PLAT OF LOT 1, BLOCK B, RUSSELL-NEWMAN ADDITION RECORDED IN CABINET U, PAGE 582 OF THE PLAT RECORDS, DENTON COUNTY, TEXAS ON THE SOUTH LINE OF SAID 48.742 ACRE TRACT; THENCE NORTH 89 DEGREES 29 MINUTES 11 SECONDS WEST WITH THE SOUTH LINE OF SAID 48.742 ACRE TRACT A DISTANCE OF 966.35 FEET TO A FOUND ½ INCH IRON PIN AT THE SOUTHEAST CORNER OF THE BLAKE LANE RIGHT-OF- WAY DEDICATION AS SHOWN ON THE SAID FINAL PLAT OF LOT 1, BLOCK B, OF RUSSELL-NEWMAN ADDITION; THENCE NORTH 00 DEGREES 33 MINUTES 56 SECONDS EAST WITH THE SSAID EAST LINE OF THE BLAKE LANE RIGHT-OF-WAY DEDICATION A DISTANCE OF 379.43 FEET TO A FOUND ½ INCH IRON PIN AT THE INTERESECTION OF THE SAID EAST LINE OF THE BLAKE LANE RIGHT-OF-WAY DEDICATION WITH THE SOUTH LINE OF THE CYPRESS BOULEVARD RIGHT-OF-WAY DEDICATION AS SHOWN ON THE SAID FINAL PLAT OF LOT 1, BLOCK B, RUSSELL-NEWMAN ADDITION; THENCE NORTHEASTERLY WITH THE SAID SOUTH LINE OF THE CYPRESS BOULEVARD RIGHT-OF-WAY DEDICATION THE FOLLOWING 5 CALLS: 1. SOUTH 89 DEGREES 28 MINUTES 04 SECONDS EAST A DISTANCE OF 416.77 FEET TO A FOUND ½ INCH IRON PIN. 2. NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A DELTA OF 28 DEGREES 34 MINUTES 18 SECONDS, A RADIUS OF 330.0 FEET, AN ARC LENGTH OF 165.45 FEET, AND A CHORD OF NORTH 76 DEGREES 16 MINUTES 47 SECONDS EAST A DISTANCE OF 162.86 FEET TO A FOUND ½ INCH IRON PIN; 3. NORTH 61 DEGREES 59 MINUTES 38 SECONDS EAST A DISTANCE OF 183.31 FEET TO A FOUND ½ INCH IRON PIN; 4. NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 28 DEGREES 34 MINUTES 18 SECONDS, A RADIUS OF 270.0 FEET, AN ARC LENGTH OF 134.64 FEET, AND A CHORD OF NORTH 76 DEGREES 16 MINUTES 47 SECONDS EAST A DISTANCE OF 133 25 FEET TO A SET ½ INCH IRON PIN WITH A YELLOW PLATIC CAP STAMPED METROPLEX 1849; 5. Continued SOUTH 89 DEGREES 26 MINUTES 0 SECONDS EAST A DISTANCE OF 129.32 FEET TO A SET ½ INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED CYPRESS BOULEVARD RIGHT-OF-WAY DEDICATION WITH THE SAID WEST LINE OF THE MAYHILL RIGHT-OF-WAY DEDICATION; THENCE SOUTH 02 DEGREES 07 MINUTES 34 SECONDS WEST WITH THE SAID WEST LIN EOF THE MAYHILL RIGHT-OF-WAY DEDICATION A DISTANCE OF 532.32 FEET TO THE POINT OF BEGINNING, CONTAINING 9.645 ACRES OF LAND SAVE AND EXCEPT THAT PORTION OF SUBJECT PROPERTY PLATTED AS Lot 1, Block A, of MAYHILL INDUSTRIAL DEVELOPMENT, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded under Doc Number 2012-121, Plat Records of Denton County, Texas. TRACT 2: NORTH TRACT ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NUMBER 92, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 48.742 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO RUSSELL-NEWMAN MANUFACTURING COMPANY RECORDED IN VOLUME 636, PAGE 261 OF THE REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTIDULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND PK NAIL AT THE NORTHERN MOST NORTHEAST CORNER OF SAID 48.742 ACRE TRACT IN MAYHILL ROAD; THENCE NORTH 68 DEGREES 53 MINUTES 39 SECONDS WEST WITH THE NORTHERN MOST NORTH LINE OF SAID 46.742 ACRE TRACT A DISTANCE OF 45.90 FEET TO THE POINT OF BEGINNING AT A SET ½ INCH IRON PIN AT THE NORTHER MOST NORTHWEST CORNER OF THE MAYHILL RIGHT-OF-WAY DEDICATION AS SHOWN ON THE FINAL PLAT OF LOT 1, BLOCK B, RUSSELL- NEWMAN ADDITION RECORDED IN CABINUT U, PAGE 562 OF THE PLAT RECORDS, DENTON COUNTY, TEXAS ON THE NORTHERN MOST NORTH LINE OF SAND 46.742 ACRE TRACT; THENCE SOUTH 02 DEGREES 07 MINUTES 34 SECONDS WEST WITH THE SAID WEST LINE OF THE MAYHILL RIGHT-OF-WAY DEDICATION A DISTANCE OF 532.01 FEET TO A SET ½ INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED MAYHILL RIGHT-OF-WAY DEDICATION WITH THE NORTH LINE OF THE CYPRESS BOULEVARD RIGHT-OF-WAY DEDICATION AS SHOW ON THE SAID FINAL PLAT OF LOT 1, BLOCK B, RUSSELL-NEWMAN ADDITION. THENCE SOUTHWESTERLY WITH THE SAID NORTH LINE OF THE CYPRESS BOULEVARD RIGHT-OF-WAY DEDICATINO THE FOLLOWING 5 CALLS; 1. NORTH 89 DEGREES 26 MINUTES 04 SECONDS WEST A DISTANCE OF 130.95 FEET TO A SET ½ INCH IRON PIN WITH A YELLOW PASTIC CAP STAMPED 2. SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A DELTA OF 28 DEGREES 34 MINUTES 18 SECONDS, A RADIUS OF 330 0 FEET, AN ARC LENGTH OF 165.56 FEET, AND A CHORD OF SOUTH 76 DEGREES 16 MINUTES 47 SECONDS WEST A DISTANCE OF 162.55 FEET TO A FOUND ½ INCH IRON PIN. 3. SOUTH 61 DEGREES 59 MINUTES 38 SECONDS WEST A DISTANCE OF 168.31 FEET TO A FOUND ½ INCH IRON PIN. 4. SOUTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A DELTA OF 28 DEGREES 34 MINUTES 18 SECONDS, A RADIUS OF 270 0 FEET, AN ARC LENGTH OF 134.64 FEET, AND A CHORD OF SOUTH 25 DEGREES 16 MINUTES 47 SECONDS WEST A DISTANCE OF 133 25 FEET TO A FOUND ½ INCH IRON PIN. 5. NORTH 89 DEGREES 26 MINUTES 04 SECONDS WEST A DISTANCE OF 656 11 FEET TO A SET ½ INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED THENCE NORTH 00 DEGREES 26 MINUTES 04 SECONDS WEST A DISTANCE OF 65 11 FEET TO A SET ½ INCH IRON PIN WITH A YELLOW PLASTIC CAP STAMPED ELL- NEWMAN ADDITION AS SHOW BY THE PLAT THEREOF RECORDED IN CABINET K, PAGE 200 OF THE PLAT RECORDS, DENTON COUNTY, TEXAS, THENCE NORTH 00 DEGREES 20 MINUTES 20 SECONDS EAST WITH THE NORTHERN MOST WEST LINE OF SAID 48 742 ACRE TRACT A DISTANCE OF 345.97 FEET TO A FOUND ½ INCH IRON PIN AT THE NORTHERN MOST NORTHWEST CORNER OF SAID 48.742 ACRE TRACT. THENCE SOUTH 88 DEGREES 53 MINUTES 53 MINUTES 30 SECONDS EAST WITH A NORTH LIN EOF SAID 48.742 ACRE TRACT A DISTANCE OF 1235.91 FEET TO THE POINT OF BEGINNING, CONTAINING 18.219 ACRES OF LAND. TRACT 3: All that certain parcel of land situated IN THE M.E.P. & P.R.R. SURVEY, Abstract Number 927, City of Denton, Denton County, Texas, and being a part of Lot 1, Block B of Russell- Newman Addition, an addition in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet U, Page 582, Plat Records of Denton County, Texas, and being more particularly described as follows: of said Lot 1, in the East right-of-way line of Loop 288, and in the South right-of-way line of Cypress Boulevard; THENCE South 89 Degrees 26 Minutes 04 Seconds East with the South right-of-way line therof and the North line of said Lot 1, 335.79 feet to herein described tract; set for the Southeast corner of herin described tract, in the South line of said Lot 1, and in the North line of Lot R D-1 of Greater Denton Industries Subdivision, an addition in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet B, Page 410, Plate Records of Denton County, Texas; THENCE North 89 Degrees 27 Minutes 46 Seconds West with the North line thereof and with Southwest corner of herein described tract, and in the North line of Lot C of Greater Denton Industries Subdivision, an addition in the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet B, Page 6, Plate Records of Denton County, Texas; set; set for the most Westerly Southwest corner of herein described tract, in the West line of said Lot 1, and in the said right-of-way line of Loop 288; THENCE North 01 Degree 34 Minutes 59 Seconds East with the East right-of-way line thereof and with the West line of said Lot 1, 344.01 feet to the POINT OF BEGINNING and containing 2.896 acres of land. TRACT 4: Being the remainder of a 112.998 acre tract conveyed to MARTINO DEVELOPMENT CO. in Warranty Deed filed December 21, 1978, recorded in Volume 929, Page 573, Deed Records of Denton County, Texas; Also being identified by the Denton Central Appraisal District as Tract 49, 2.09 acres out of the M.E.P. and P.R.R. Co. Survey, Abstract No. 927, Denton County, Texas, is commonly known as DCAD Property ID Nos. 284467 and 35811. 4. Being Lot 5R, Block A, of the G D I SUBDIVISION, as recorded by Instrument No. 2013-78, Plat Records, Denton County, Texas. Also being the same property addressed at 3835 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 564283. 5. Being Lot 6R, Block A, of the G D I SUBDIVISION, as recorded by Instrument No. 2013-78, Plat Records, Denton County, Texas. Also being the same property addressed at 3839 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 564284. 6. Being Lot 1R, Block A, of the G D I SUBDIVISION, as recorded by Instrument No. 2013-78, Plat Records, Denton County, Texas. Also being the same property addressed at 3825 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 564279. 7. Being Lot 7R, Block A, of the G D I SUBDIVISION, as recorded by Instrument No. 2013-78, Plat Records, Denton County, Texas. Also being the same property addressed at 3841 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 564285. 8. Being Lot RD2, Block, of the G D I SUBDIVISION, as recorded in Cabinet V, Page 410, Plat Records, Denton County, Texas. Also being the same property addressed at 3815 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 39233. 9. Being Lot 3R, Block A, of the G D I SUBDIVISION, as recorded by Instrument No. 2013-78, Plat Records, Denton County, Texas. Also being the same property addressed at 3829 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 564281. 10. Being Lot 4R, Block A, of the G D I SUBDIVISION, as recorded by Instrument No. 2013-78, Plat Records, Denton County, Texas. Also being the same property addressed at 3831 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 564282. 11. Being Lot 2R, Block A, of the G D I SUBDIVISION, as recorded by Instrument No. 2013-78, Plat Records, Denton County, Texas. Also being the same property addressed at 3821 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 564280. 12. Being Lot 1, Block B, of the MAYHILL INDUSTRIAL DEVELOPMENT ADDITION, as recorded by Instrument No. 2012-121, Plat Records, Denton County, Texas. Also being the same property addressed at 3795 RUSSELL NEWMAN BLVD, Denton, Texas, is commonly known as DCAD Property ID No. 537044. 13. Being Lot 1R, Block A, of the PLAN-IT SELF STORAGE, as recorded by Instrument No. 2015-52, Plat Records, Denton County, Texas. Also being the same property addressed at 520 BLAKE ST, Denton, Texas, is commonly known as DCAD Property ID No. 536967. 14. Being Lot 8RA, Block B, of the G D I SUBDIVISION, as recorded by Instrument No. 2013- 135, Plat Records, Denton County, Texas. Also being the same property addressed at 3826 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 566412. 15. Being Lot 9RA, Block B, of the G D I SUBDIVISION, as recorded by Instrument No. 2013- 135, Plat Records, Denton County, Texas. Also being the same property addressed at 3826 MARKET ST, Denton, Texas, is commonly known as DCAD Property ID No. 566413. 16. Being Lot 1, Block A, of the MAYHILL INDUSTRIAL DEVELOPMENT ADDITION, as recorded by Instrument No. 2012-121, Plat Records, Denton County, Texas. Also being the same property addressed at 3800 RUSSELL NEWMAN BLVD, Denton, Texas, is commonly known as DCAD Property ID No. 537043. 17. All that certain lot, tract or parcel of land situated in the City of Denton, Denton County, Texas and being in the M.E.P. and P.R.R. Company Survey, Abstract Number 927, Denton County, Texas and being a part of a called 19.326 acre tract of land described in the deed to 551 Mayhill Joint Venture as recorded in County Clerk's File Number 2005-6231, Real Property Records, Denton County, Texas and being more fully described as follows: BEGINNING at a capped iron rod set stamped "KAZ" in the Southwest corner of a called 0.399 acre tract described in deed recorded in Instrument number 20 16-1561 02, Real Property Records, Denton County, Texas also being known as Mayhill Road; THENCE South 89 degrees 52 minutes 00 seconds West, 468.99 feet to a capped iron rod found; THENCE South 89 degrees 51 minutes 35 seconds West, 479.70 feet to a capped iron rod found; THENCE North 00 degrees 49 minutes 47 seconds East, 458.41 feet to a capped iron rod set stamped "KAZ" in the South line of Market Street; THENCE along said South line, South 89 degrees 10 minutes 35 seconds East, 91 .99 feet to a ½ inch iron rod found at the Southwest corner of Lot 1, Block A, Plan-It Storage, an addition to the City of Denton, Denton County, Texas according to the plat recorded in Document number 2012-107, Plat Records, Denton County, Texas; THENCE South 00 degrees 49 minutes 12 seconds West, 294.84 feet to a capped iron rod set stamped "KAZ"; THENCE South 89 degrees 06 minutes 34 seconds East, 858.23 feet to a capped iron rod set stamped "KAZ" in the West line of the aforementioned 0.399 acre tract; THENCE along said West line, South 01 degrees 29 minutes 55 seconds West, 146.67 feet to the PLACE OF BEGINNING and containing 4.00 acres of land more or less, is commonly known as DCAD Property ID No. 723440. 18. Being Lot E, of the G D I SUBDIVISION, as recorded in Cabinet B, Page 107, Plat Records, Denton County, Texas. Also being the same property addressed at 400 N LOOP 288, Denton, Texas, is commonly known as DCAD Property ID No. 39232. 19. Being the west portion of Lot 1, Block B, of the RUSSELL-NEWMAN ADDITION, as recorded by Instrument No. 1994-30603, Plat Records, Denton County, Texas. Also being the same property addressed at 3700 RUSSELL NEWMAN BLVD, Denton, Texas, is commonly known as DCAD Property ID No. 300032. 20. Being Lot C, of the G D I SUBDIVISION, as recorded in Cabinet B, Page 006, Plat Records, Denton County, Texas. Also being the same property addressed at 520 N LOOP 288, Denton, Texas, is commonly known as DCAD Property ID No. 39235. 21. Being Lot 1, Block A, of the RUSSELL-NEWMAN ADDITION, as recorded by Instrument No. 1994-30603, Plat Records, Denton County, Texas. Also being the same property addressed at 600 N LOOP 288, Denton, Texas, is commonly known as DCAD Property ID No. 174450. 22. Being a lot, tract or parcel of land situated in the MEP & PRR Co. Survey Abstract No. 927, City of Denton, Denton County, Teas, and being a portion of the called 19.326 acre tract as described in the deed conveyed to 551 Mayhill Joint Venture recorded in County Clerk File No. 2005-6231, Real Property Records, Denton County, Texas and being more particularly described by metes & bounds as follows: Beginning at the northeast corner of the herein described tract and being the northwest corner of a tract of land conveyed to the City of Denton, as described in the deed being recorded by County Clerk File No. 2016-156102, Real Property Records, Denton County, Texas, and being on the west line of Mayhill Road; THENCE South 01 degrees 25 minutes 36 seconds West, along the west line of Mayhill Road, a distance of 817.87 feet to a point for a corner being the southwest corner of said City of Denton tract; THENCE Westerly, 828.04 feet to a point for a corner; THENCE North, 297 feet to a point for a corner; THENCE Easterly, along the south line of Lot 1R, Block A, Plan-it Self Storage Addition, being recorded by County Clerk File No. 2015-52, Plat Records, Denton County, Texas, 705.39 feet to a point for a corner; THENCE Northerly, along the East line of said Lot 1R a distance of 373.52 feet to a point for a corner; THENCE Easterly, 160.3 feet to the point of beginning and containing 7.5 acres of land more or less, is commonly known as DCAD Property ID No. 35814. 23. BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE M E P & P R R CO. SURVEY ABSTRACT NO 927 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING A REMAINDER OF A CALLED 33 7 ACRE TRACT OFLAND DESCRIBED IN A DEED FROM LOUIS GROENING ET UX TO S J BICKLEY ET UX AS RECORDED IN VOLUME 300, PAGE 454, DEED RECORDS, DENTON COUNTY, TEXAS AND SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CAPPED IRON ROD FOUND IN THE MIDDLE OF MAYHILL ROAD FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT AND THE SOUTHEAST CORNER OF A CALLED 8 149 ACRE TRACT OF LAND DESCRIBED IN A DEED TO PROMINENCE SQUARE LAND DEVELOPMENT, L P AS RECORDED IN COUNTY CLERK INSTRUMENT NUMBER. 2004-3769 REAL PROPRTY RECORDS, IN SAID COUNTY, THENCE SOUTH 01 DEGREES 35 MINUTES 44 SECONDS WEST WITH SAID ROAD AND THE EAST LINE OF SAID REMAINDER TRACT A DISTANCE OF 656 92 FEET TO A PK-NAIL FOUND FOR THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT. THENCE NORTH 89 DEGREES 31 MINUTES 28 SECONDS WEST WITH THE SOUTH LINE OF SAID REMAINDER TRACT PASSING AT 39 95 FEET A CAPPED IRON ROD FOUND FOR THE NORTHEAST CORNER (TRACT ONE), A CALLED 18 219 ACRE TRACT OF LAND DESCRIBED IN A DEED TO MARTINO REALTY LIMITED PARTNERSHIP, AS RECORDED IN COUNTY CLERK INSTRUMENT HUMBER 2005- 143880 OF REAL PROPERTY RECORDS IN SAID COUNTY AND CONTINUING ON WITH THE NORTH LINE THEROF ALONG OR NEAR A FENCE LINE A TOTAL CORNER OF SAID REMAINDER TRACT AND SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED AS (FIRST TRACT) TO UNITED STATES OF AMERICA AS RECORDED IN VOLUME 458, PAGE 645, DEED RECORDS, IN SAID COUNTY. THENCE NORTH 00 DEGREES 57 MINUTES 36 SECONDS EAST ALONG OR NEAR A FENCE LINE WITH THE EST LINE THEREOF AND THE WEST LINE OF SAID REMAINDER TRACT A DISTANCE OF 654 10 FEET TO A CONCRETE MONUMENT FOUND FOR THE NORTHWEST CORNER OF SAID REMAINDER TRACT ON THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO LESLIE T HOLLAND ET AL AS RECORDED IN VOLUME 2871, PAGE 933, OF REAL PROPERTY RECORDS, IN SAID COUNTY, THENCE SOUTH 89 DEGREES 38 MINUTES 44 SECONDS EAST ALONG OR NEAR A FENCE LINE AND THE NORTH LINE OF SAID REMAINDER TRACT A DISTANCE OF 1287 90 FEET TO PLACE OF BEGINNING ENCLOSING 19.323 ACRES OF LAND MORE OR LESS. SAVE AND EXCEPT THE FOLLOWING DESCRIBED TRACT: BEING all certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Company Survey, Abstract Number 927, City of Denton, Denton County, Texas, and being part of the tract of land described by deed to Martino Realty Ltd. Partnership, recorded under Instrument Number 2006-39542, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part Instrument Number 2005-143880, O.P.R.D.C.T., and being more particular described as follows; (2005-143880) being the intersection of the north right-of-way line of Russell Newman Boulevard and the west right-of-way line of Mayhill Road as dedicated as show on Russell- Newman Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet U, Page 582, Plat Records, Denton County, Texas; THENCE South 89 degrees 55 minutes 51 seconds West, with the south line of said Martino -143880) and the north right-of-way line of Russell Newman Boulevard, THENCE North -143880), a distance of 23.65 feet to a ½ inch iron rod with yellow cap striped THENCE South 01 degrees 25 minutes 36 seconds East, over and across said Martino tracts, -143880) and the south line of said Martino tract (2006-39542) at 512.65 feet, continuing on for a total distance of 1169.75 feet to a ½ inch iron r in the north line of said Martino tract (2006-39542) and the south line of a tract of land described by deed to Prominence Square Land Development, L.P., recorded under Instrument Number 2004-3769, O.P.R.D.C.T.; THENCE South 89 degrees 34 minutes 54 seconds East, with the north line of said Martino tract (2006-39542) and the south line of said Prominence Square tract, a distance of 117.39 rner of said Martino tract (2006-39542) and the southeast corner of said Prominence Square tract, same point being in the existing Mayhill Road; THENCE South 01 degrees 36 minutes 49 seconds West, with the east line of said Martino tract (2006-39542) and a north line of said right-of-way dedication, a distance of 45.04 feet to -143880); THENCE South 01 degrees 29 minutes 29 seconds West, with the east line of said Martino -143880) and the west right-of-way line of Mayhill Road, a distance of 532.00 feet to the POINT OF BEGINNING and containing 2.613 acres of land, of which 0.314 acres be within the existing Mayhill Road, is commonly known as DCAD Property ID No. 35809. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0041a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromEmploymentCenterIndustrial(EC-I)totheSuburbanCorridor(SC)zoning districtanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q), onapproximately19.22acresofland,generallylocatednorthofMcKinneyStreetonbothsidesMayhillRoad, intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap;providingforapenalty inthemaximumamountof$2,000.00forviolationsthereof;providingforseverability;andestablishingan effectivedate.ThePlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19-0041a,City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 Industrial (EC-I) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 19.22 acres of land, generally located north of McKinney Street on both sides Mayhill Road, in the City of Denton, map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0041a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 mprehensive plan. Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants municipa 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Public Hearing Notice Reponses 11. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0041 City Initiated Zoning Changes (Area 41) City Council District 2 REQUEST: To change the zoning district and use classification for approximately 19.22 acres of land, generally located north of McKinney Street on both sides Mayhill Road. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE STOUT, KENNETH 41 121694 4405 E MCKINNEY ST Single-Family Detached Dwelling L& GLADYS F STOUT, KENNETH L 41 100073 E MCKINNEY ST Undeveloped Land & GLADYS F 41 37243 CARTER, EDNA MAE 206 N MAYHILL RD Single-Family Detached Dwelling Warehouse and Wholesale 41 37233 CCBV LLC 204 N MAYHILL RD Facility STOUT, KENNETH L 4393 E MCKINNEY (NORTH 41 161516 Single-Family Detached Dwelling & GLADYS F OF) 41 37253 CARTER, EDNA MAE 206 N MAYHILL RD Single-Family Detached Dwelling JINKS, ANDREA LAJUNE & HALSEY, Halsey Manufacturing - 41 154677 GREGORY DEAN CO-209 N MAYHILL RD Manufacturing Low-Impact TR HALSEY, KAY FAM TR NSA PROPERTY Right Space Storage - Self- 41 86789 3919/3921 E MCKINNEY ST HOLDINGS, LLC Service Storage Angel's Framing & Mobile Home ENRIQUEZ, ANGEL & 41 35802 3801 E MCKINNEY ST Parts - Building Materials and GRISELDA Supply Store Right Space Storage - Self- DENTON 3919 Service Storage OR 41 39371 3923 E MCKINNEY ST MCKINNEY LLC Administrative, Professional and Government Office 41 624313 DENTON, CITY OF Undeveloped, Commercial Land SADEGHIAN, KHOSROW TRTS OF 41 35804 Undeveloped, Commercial Land KAMY REAL PROPERTY TRUST Undeveloped, Commercial Land STOUT, KENNETH L 41 37251 4393 E MCKINNEY ST and Automotive Repair Shop, & GLADYS F Major SIZE: 19.22 acres 2002 ZONING: Employment Center Industrial (EC-I) 2019 ZONING: Light Industrial (LI) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: Suburban Corridor (SC) EXISTING USE(S): Single-Family Detached Dwelling, Warehouse and Wholesale Facility, Low-Impact Manufacturing, Self-Service Storage, Building Materials and Supply Store, Administrative, Professional and Government Office, Major Automotive Repair Shop STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use SC LI Use-Specific Standard Single-Family Detached Dwelling Administrative, Professional and P P 5.3.5K Government Office Warehouse and Wholesale Facility S+ P 5.3.6H Low-Impact Manufacturing P+ P+ 5.3.6E Self-Service Storage P+ P+ 5.3.6G Major Automotive Repair Shop P+ P+ 5.3.5V Building Materials and Supply Store S P Dimensional Standards SC LI Minimum Lot Area 10,000 sq ft 5,000 feet Minimum Front Yard Setback 20 feet 10 feet Minimum Side Yard Setback 5 feet \[1\] 5 feet \[1\] Minimum Rear Yard Setback 10 feet \[1\] None \[1\] Maximum Building Height 55 feet \[1\] 75 feet Maximum Building Coverage 80 percent 85 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. BACKGROUND: AREA EXISTING USE YEAR BUILT 41 Single-Family Detached Dwelling 1983 41 Undeveloped Land 0 41 Single-Family Detached Dwelling 1972 Warehouse and Wholesale 41 1988 Facility 41 Single-Family Detached Dwelling 1972 41 Single-Family Detached Dwelling 1983 Halsey Manufacturing - 41 1975 Manufacturing Low-Impact Right Space Storage - Self- 41 1983 Service Storage Angel's Framing & Mobile Home 41 Parts - Building Materials and 1974 Supply Store Right Space Storage - Self- Service Storage OR 41 1982 Administrative, Professional, or Government Office 41 Undeveloped, Commercial Land 0 41 Undeveloped, Commercial Land 0 Undeveloped, Commercial Land 41 and Automotive Repair Shop, 1987 Major SITE DATA: The subject area is developed with a mix of commercial and industrial uses. The area does not contain any FEMA designation. The area contains an ESA (Upland Habitat) designation located on the northern parcels. The area has primary frontage on Mayhill Road, a primary arterial, and McKinney Street, a secondary arterial. The parcels are generally located on the northwest and northeast corner of the Mayhill and McKinney intersection. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Suburban Corridor Zoning: Public Facilities (PF) Zoning: Public Facilities (PF) (SC) and Residential 2 (R2) Uses: Administrative, Use: Low-Impact Professional, and Use: Single Family Detached Manufacturing, Undeveloped Government Office Dwelling and Public School and Single Family Detached Ryan High School Dwelling West: East: Zoning: Suburban Corridor Zoning: Residential 2 (R2) (SC) SUBJECT PROPERTY Use: Single Family Detached Use: Undeveloped Dwelling, Religious Assembly, and Public School Ryan High School Southwest: South: Southeast: Zoning: Suburban Corridor Zoning: Suburban Corridor Zoning: Residential 7 (R7) (SC) (SC) Use: McKinney Street and Use: McKinney Street, Use: McKinney Street and Undeveloped Automotive Fuel Sales, Self-Undeveloped Service Storage, and Low- Impact Manufacturing PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 15 notices were sent to property owners within 200 feet of the subject property, 26 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 received one (1) response in neutral, no response in opposition, and no response 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 commercial and industrial uses. 2. The area has primary frontage on Mayhill Road, a primary arterial, and McKinney Street, a secondary arterial. The parcels are generally located on the northwest and northeast corner of the Mayhill and McKinney intersection. 3. The Suburban Corridor (SC) is a more appropriate Zoning District for the area. Its location at the intersection of Mayhill Road and McKinney Street, and its Future Land Use designation of Community Mixed Use makes the area suitable for uses that are allowed under the SC Zoning District. 4. Many of the commercial and industrial uses that are allowed in the LI are also allowed in the SC, with some exceptions: a. Private School, Hospital Services, Tattoo and Body Piercing Salon, Smoke Shop, Bed and Breakfast, and Boarding and Rooming House are not allowed in the LI, but are allowed in the SC. b. Community Garden is allowed with a Specific Use Permit (SUP) in the LI, but is allowed by right in the SC. c. Multifamily Dwelling is not allowed in the LI, but is allowed with a SUP in the SC. d. Industrial Laundry Facility and Travel Plaza are not allowed in the SC, but are allowed in the LI. e. Warehouse and Wholesale Facility, Building Materials and Supply Store are allowed with a Specific Use Permit (SUP) in the SC, but are allowed by right in the LI. f. RV Park, Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard, Equipment Sales and Rental, Medium-Impact Manufacturing, and Outdoor Storage are not allowed in the SC, but are allowed with a SUP in the LI. 5. The purpose of the SC Zoning 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Employment Center Industrial (EC-I) to the Suburban Corridor (SC) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 41 Site Location 0150300600 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/6/2019 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 41 Future Land Use Map Business MARKET Moderate Innovation Residential Low Residential Community Mixed Use Parks / Open Space Government / Institutional 0150300600 Feet SITEBusiness Innovation Future Land Use µ Government / Institutional Low Residential Parcels Parks / Open Space Moderate Residential Roads Community Mixed Use Date: 6/6/2019 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 41 Proposed Zoning Map LI PF SC R2 426 SC R7 085170340 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 41 Notification Map 0150300600 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/6/2019 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\\ZCI19-0041.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 19.22 ACRES OF LAND, GENERALLY LOCATED NORTH OF MCKINNEY STREET ON BOTH SIDES MAYHILL ROAD, 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. (ZCI19-0041) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Employment Center Industrial (EC-I) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 19.22 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Employment Center Industrial (EC-I) 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. All that certain lot, tract and parcel of land out of the Morreau Forrest Survey, Denton County, Texas, and being a part of 25 acres conveyed by Jacob Brandenberg to D. S. Carpenter by deed dated Sept. 22, 1920 and shown of record in Vol. 179, page 155 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING in the west boundary line of said 25 acre Brandenberger to Carpenter tract at the Southwest corner of a tract conveyed by D. S. Carpenter to Elmer H. Carpenter by deed dated Nov. 29, 1939 and shown of record in Vol. 366, page 508 of the Deed Records of Denton County, Texas THENCE South with the west line of said 25 acre tract and the East boundary line of a road 105 feet for corner; THENCE East 210 feet parallel with the south boundary line of said Carpenter to Carpenter tract for corner; THENCE North 105 feet to South boundary line of tract conveyed to Elmer H. Carpenter by deed described above for corner; THENCE West with the Elmer H. Carpenter South line 210 feet to place of beginning, and containing one half acre of land, more or less, is commonly known as DCAD Property ID No. 37243. 2. ALL THAT CERTAIN TRACT OF LAND SITUATED IN THEM. FORREST SURVEY, ABSTRACT NUMBER 417, DENTON COUNTY, TEXAS AND BEING ALL OF THE TRACT OF LAND DESCRIBED IN THE DEED FROM MILDRED MORRIS TO CARL BEAUCHAMP ET UX RECORDED IN VOLUME 2138, PAGE 400, OF REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AS RECOGNIZED AND OCCUPIED ON THE GROUND; THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING FOR THE NORTHWEST CORNER OF THE TRACT BEING DESCRIBED HEREIN AT AN 18 INCH POST OAK TREE FOR THE NORTHWEST CORNER OF SAID TRACT IN THE OCCUPIED EAST LINE OF NORTH MAYHILL ROAD; THENCE SOUTH 82 DEGREES 57 MINUTES 56 SECONDS EAST WITH THE NORTH LINE OF SAID TRACT, GENERALLY ALONG A FENCE, A DISTANCE OF 312.35 FEET TO A CROSS-TIE FENCE CORNER POST FOR THE NORTHEAST CORNER OF SAID TRACT; THENCE SOUTH 03 DEGREES 47 MINUTES 15 SECONDS WEST WITH THE EAST LINE THEREOF ALONG AND NEAR A FENCE, A DISTANCE OF 310.02 FEET TO AN IRON ROD FOUND WITH A CAP FOR THE SOUTHEAST CORNER OF SAID TRACT; THENCE NORTH 84 DEGREES 56 MINUTES 30 SECONDS WEST WITH THE SOUTH LINE THEREOF, A DISTANCE OF 314.31 FEE I TO AN IRON ROD FOUND WITH A CAP FOR THE SOUTHWEST CORNER OF SAID TRACT IN THE OCCUPIED EAST LINE SAID ROAD; THENCE NORTH 04 DEGREES 12 MINUTES 48 SECOND EAST WITH THE WEST LINE SAID TRACT ALONG SAID ROAD, A DISTANCE OF 320.75 FEET TO THE PLACE OF BEGINNING, is commonly known as DCAD Property ID No. 37233. 3. Being a lot, tract or parcel of land situated in the M. Forrest Survey, Abstract No. 417, City of Denton, Denton County, Teas, and being a portion of Tract I and all of Tract II described in the deed conveyed to Kenneth Stout and Gladys F. Stout by deed recorded by County Clerk file number 2016-119259, Real Property Records, Denton County, Texas and being more particularly described by metes & bounds as follows: Beginning at a capped iron rod found in the North line of East McKinney Street for the Southeast corner of a tract of land described in the deed to the City of Denton as recorded in Instrument Number 2011-82091, Real Property Records, Denton County, Texas; THENCE North, a distance of 457.19 feet to a point for a corner; THENCE Northwesterly, a distance of 231.62 feet to a point for a corner; THENCE North, a distance of 248.73 feet to a point for a corner; THENCE Southeasterly, a distance of 130.75 feet to a point for a corner; THENCE North, a distance of 472.94 to a point for a corner being on the south line of Lot 1, Block A, of DISD Mayhill Service Center Addition, as recorded in Cabinet O, Page 195, Plat Records, Denton County, Texas; THENCE East, with the south line of said Lot 1, a distance of 135.83 feet to a point for a corner; THENCE Southeasterly, a distance of 112.84 feet to a point for a corner; THENCE South, a distance of 1,232.70 feet to a point for a corner on the north line of McKinney Street; THENCE Northwesterly, a distance of 147.03 along the north line of McKinney Street to the Point of Beginning and containing in all 6.5 acres of land more or less. is commonly known as DCAD Property ID Nos. 161516, 121694, 100073, and 37251. 4. All that certain lot, tract or parcel of land out of the Morreau Forrest Survey, Denton County, Texas, and being a part of a 25 acre tract conveyed by Jacob Brandenberger to D. S. Carpenter by deed dated September 22, 1920, and shown of record in Vol. 179, Page 155 of the Deed Records of Denton County, Texas, and being-more particularly described as follows: BEGINNING in the roost Westerly West Boundary Line of said 25 acre tract conveyed by Brandenberger to D. S. Carpenter in the Southwest corner of a one-half acre tract of land conveyed by D. S. Carpenter to T. R. Carter by deed dated May 1, 1956, and shown of record in Vol. 421, Page 267 of the Denton County Deed Records; THENCE South 87 deg. East 210.3 feet with the South Boundary Line of the Carpenter to Carter tract for corner in the Southeast corner thereof; THENCE North 4 deg. 21 min. East 105.3 feet with the East Line of the said Carpenter to Carter tract for corner, its Northeast Corner and in the South Boundary Line of a 5 acre tract conveyed by Carpenter to Elmer Carpenter by deed shown of record in Vol. 366, Page 508 of the Denton County Deed Records; THENCE South 87 deg. 0 min. East 208.8 feet with Elmer Carpenter South Boundary Line for corner; THENCE South 3 deg. 52 min. West 423.2 feet with the West boundary line of the tract owned by Joe Carpenter for corner in the North Boundary Line of a tract conveyed by D. S. Carpenter to Memorial Baptist Church by deed shown of record in Vol. 436, Page 191 of the Denton County Deed Records; THENCE North 73 deg. 15 min. West with the North boundary line of the Memorial Baptist Church lot, 110 feet for corner in its Northwest corner; THENCE North 3 deg. 52 min. East with the East boundary line of a 3 acre tract conveyed by D. S. Carpenter to Franks, 101 feet to the Northeast corner to the Franks lot; THENCE North 83 deg. 33 min. West 313 feet with the North Boundary Line of the Carpenter to Franks lot for corner in its Northwest corner in the West boundary line of the D. S. Carpenter 25 acre tract; THENCE North 5 deg. 14 min. East 143.4 feet with the West Boundary Line of the Carpenter tract as evidenced by a fence line on the East Boundary Line of a North and South public road to the place of beginning, and containing 2.65 acres' of land, more or less, and designated on a survey of a subdivision surveyed by c. F. Ballard and associates in April 1964, as Tract No. Eleven (11), is commonly known as DCAD Property ID No. 37253. 5. Being Block 1, of the EAST MCKINNEY STREET SECTION 2 ADDITION, as recorded in Cabinet G, Page 378, Plat Records, Denton County, Texas. Also being the same property addressed at 209 N MAYHILL RD, Denton, Texas, is commonly known as DCAD Property ID No. 154677. 6. Being Lot 1R, of the EAST MCKINNEY STREET ADDITION, as recorded in Cabinet C, Page 206, Plat Records, Denton County, Texas. Also being the same property addressed at 3919/3921 E MCKINNEY ST, Denton, Texas, is commonly known as DCAD Property ID No. 86789. 7. Containing 1.558 acres In the MEP & PRR Company Survey, Abstract No. 927, in the City of Denton, Denton County, Texas, and being the same tract of land set forth and described in a Deed of Trust from Robert W. Jones, et ux, to Denton Savings Association, dated June 21, 1977, and shown recorded in Volume 447, Page 233, Real Property Records of Denton County, Texas; and, a tract of land containing 0.439 acre in the MEP & PRR Company Survey, Abstract No. 927, City of Denton, Denton County, Texas and being the same tract of land set forth and described In a Deed from Stanley Rose to Wayne Wilcox dated May 16, 1974, and shown recorded in Volume 707, Page 734, Real Property Records of Denton County, Texas; and more particularly described as follows: BEING all that certain tract or parcel situated In the M.E.P. & P.R.R. Survey, Abstract 927, City and County of Denton, Texas, being the same tract as described in a deed from Joe A. Myers, et ux, to Wayne J. Wilcox, et ux, on May 1, 1972, and recorded in Volume 646, Page 606, Deed Records of said County, and being more particularly described as follows: BEGINNING at a steel pin at a fence comer post on the North Right-of-Way of East McKinney Street, being the Southwest corner of the above mentioned tract; THENCE North 0 degrees 08 minutes 16 seconds West, with a fence on the West boundary line of said tract 357.97 feet to a steel pin in said fence at the Southwest comer of a tract described in a deed from Stanley Rose to Wayne Wilcox on May 16, 1974, and recorded in Volume 707, Page 734, Deed Records of said County; THENCE South 80 degrees 39 minutes 46 seconds East, with the South boundary line of said tract 183.21 feet to a steel pin at the Southwest corner of said Rose to Wilcox tract being in a West boundary line of a 8.360 acre tract as described In a deed from C. D. Boyer to B.L. Archer, Trustee, on February 16, 1973, and recorded In Volume 666, Page 208, Deed Records of said County; THENCE South 0 degrees 31 minutes 13 seconds East with a fence on the West boundary line of said 8.360 acre tract 381.62 feet to a steel pin at a Railroad crosstie comer post on the North boundary line of McKinney Street, being the South Southwest comer of said 8.360 acre tract and said Myers to Wilcox tract; THENCE North 77 degrees 35 minutes 44 seconds West with the North right-of-way of McKinney Street 189.4 feet to the place of beginning, containing in all 1.558 acres of land, is commonly known as DCAD Property ID No. 35802. 8. Being Lot 3, of the EAST MCKINNEY STREET ADDITION, as recorded in Volume 948, Page 892, Plat Records, Denton County, Texas. Also being the same property addressed at 3923 E MCKINNEY ST, Denton, Texas, is commonly known as DCAD Property ID No. 39371. 9. Mayhill ROW,BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, and being part of East McKinney Street Addition, Section Two, Block One, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet G, Page 378, Plat Records of Denton County, Texas (P.R.D.C.T.), and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the southeast corner of said East McKinney Street Addition (Cab. G, Pg. 378) and the northeast corner of Lot I R, East McKinney Street Addition, Section Three, an addition to the City of Denton, Denton County, Texas, according to the p1at thereof recorded in Cabinet C, Page 206, P.R.D.C.T., and being in the existing west right-of-way line of Mayhill Road; THENCE North 00 degrees 32 minutes 34 seconds East, over and across said East McKinney Street Addition (Cab. G, Pg. 378), a distance of242.20 feet to a 1/2 inch iron rod with yellow 937.00 feet; THENCE over and across said East McKinney Street Addition (Cab. G, Pg. 378), with said curve to the left, having a central angle of07 degrees 46 minutes 19 seconds, whose chord bears North 03 degrees 20 minutes 35 seconds West at 127.00 feet, an arc length of 127.10 feet to a "PK" nail set in asphalt for comer; THENCE North 07 degrees 13 minutes 45 seconds West, over and across said East McKinney Street Addition (Cab. G, Pg. 378), a distance of 114.48 feet to a l/2 inch iron rod with yellow cap stamped "A S.C." set for corner in the north line of said East McKinney Street Addition (Cab. G, Pg. 378) and the south line of a tract of land described by deed to Kenneth L. Stout, recorded in Volume 1377, Page 69, Deed Records, Denton County, Texas; THENCE South 88 degrees 58 minutes 35 seconds East, with the north line of East McKinney Street Addition (Cab. G, Pg. 378) and the south line of said Stout tract, a distance of36.71 feet to a 112 inch iron rod with yellow cap stamped" A. S.C." set for the northeast corner of said East McKinney Street Addition (Cab. G, Pg. 378) and the southeast corner of Stout tract, same point being in the existing west right-of-way line of said Mayhill Road; THENCE South 02 degrees 02 minutes 34 seconds West, with the east line of said East McKinney Street Addition (Cab. G, Pg. 378) and the existing west right-of-way line of said Mayhill Road, a distance of 482.20 feet to the POINT OF BEGINNING and containing 0.121 acre of land, more or less, is commonly known as DCAD Property ID No. 624313. 10. Being a lot, tract or parcel of land situated in the MEP & PRR Survey, Abstract No. 927, City of Denton, Denton County, Teas, and being all of Tract 17 as described in the deed conveyed to Khosrow Sadeghain from Kamy Real Property trust by deed recorded by County Clerk file number 2014-44831, Real Property Records, Denton County, Texas and being more particularly described by metes & bounds as follows: Beginning the Northwest corner of Lot 1R Section Three, East McKinney Street Addition, as recorded in Cabinet C, Page 206, Plat Records, Denton County, Texas; THENCE South, a distance of 108 feet to a point for a corner; THENCE Westerly, a distance of 183 feet to a point for a corner; THENCE North, a distance of 108 feet to a point for a corner; 11. THENCE Easterly, a distance of 183 feet to the Point of Beginning and containing in all 0.45 acres of land more or less, is commonly known as DCAD Property ID No. 35804. Exhibit B City Hall City of Denton 215 E. McKinney St. Denton, Texas 76201 www.cityofdenton.com Legislation Text File #:ZCI19-0042a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromEmploymentCenterIndustrial(EC-I)totheGeneralOffice(GO)zoning districtanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q), onapproximately50.12acresofland,generallylocatedonbothsidesofMorseStreetbetweenLoop288and MayhillRoad,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability; andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19 -0042a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 Industrial (EC-I) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 50.12 acres of land, generally located on both sides of Morse Street between Loop 288 and Mayhill Road, in the City of Dent official zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0042a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 . Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner Planning Staff Analysis ZCI19-0042 City Initiated Zoning Changes (Area 42) City Council District 1 REQUEST: To change the zoning district and use classification for approximately 50.12 acres of land, generally located on both sides of Morse Street between Loop 288 and Mayhill Road. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE Beauty Systems Group SALLY BEAUTY 42 82161 3900 MORSE ST Commercial, Parking Lot as a SUPPLY CO INC Principal Use Denton Central Appraisal Dist. - DENTON CENTRAL 42 113438 3911 MORSE ST Undeveloped, Commercial Land APPRAISAL DIST or General Agriculture FEDERAL LAND Lone Star Ag Credit - Bank or 42 130261 3905 MORSE ST BANK ASN Financial Institution Denton Central Appraisal Dist. - DENTON CENTRAL 42 130265 3901 MORSE ST Administrative, Professional, APPRAISAL DIST and Government Office Undeveloped, Commercial Land 42 98988 MAS DENTON VZ LP or General Agriculture Denton County MHMR - Medical Office and Frontier 42 76353 MAS DENTON VZ LP 3827 MORSE ST Communications - Warehouse and Wholesale Facility Denton Central Appraisal DENTON CENTRAL District - Administrative, 42 113446 3911 MORSE ST APPRAISAL DIST Professional, or Government Office SALLY BEAUTY 42 82152 3900 MORSE ST Undeveloped, Commercial Land SUPPLY CO INC Beauty Systems Group - SALLY BEAUTY 42 139812 3900 MORSE ST Warehouse and Wholesale SUPPLY CO INC Facility Hulcher Services, Inc. - HULCHER FAMILY 42 82158 611 KIMBERLY DR Administrative, Professional, or ENTERPRISES LLLP Government Office Undeveloped, Commercial Land 42 98826 MRLP RN LAND LLC MORSE ST or General Agriculture Title Resources et. al - Administrative, Professional, or 42 563278 RAMTINO LLC 525 S LOOP 288 Government Office or General Retail AlphaGraphics et. al - Administrative, Professional, or 42 563279 RAMTINO LLC 521 S LOOP 288 Government Office or General Retail Amsco Supply et. al - MRLP PECAN CREEK Warehouse and Wholesale 42 121468 3917 MORSE ST BC LLC Facility or Building Materials and Supply Store SIZE: 50.12 acres 2002 ZONING: Employment Center Industrial (EC-I) 2019 ZONING: Light Industrial (LI) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: General Office (GO) EXISTING USE(S): Parking Lot as a Principal Use, General Agriculture, Bank or Financial Institution, Administrative, Professional, and Government Office, Medical Office, Warehouse and Wholesale Facility, General Retail, and Building Materials and Supply Store STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use GO LI Use-Specific Standard Parking Lot as a Principal Use P P General Agriculture S+ 5.3.5A Bank or Financial Institution P P 5.3.5L Administrative, Professional, and P P 5.3.5K Government Office Medical Office P P 5.3.4H Warehouse and Wholesale Facility P P 5.3.6H General Retail, More than 15,000 Square P P+ 5.3.5R Feet Building Materials and Supply Store P Dimensional Standards GO LI Minimum Lot Area 2,500 feet 5,000 feet Minimum Front Yard Setback None 10 feet Minimum Side Yard Setback None \[1\] 5 feet \[1\] Minimum Rear Yard Setback 10 feet \[1\] None \[1\] Maximum Building Height 100 feet \[1\] \[2\] 75 feet Maximum Building Coverage 80 percent 85 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Additional height may be allowed with a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT Beauty Systems Group 42 Commercial, Parking Lot as a N/A Principal Use Denton Central Appraisal Dist. - 42 Undeveloped, Commercial Land N/A or General Agriculture Lone Star Ag Credit - Bank or 42 1991 Financial Institution Denton Central Appraisal Dist. - 42 Administrative, Professional, 1986 and Government Office Undeveloped, Commercial Land 42 N/A or General Agriculture Denton County MHMR - Medical Office and Frontier 42 2012 Communications - Warehouse and Wholesale Facility Denton Central Appraisal District - Administrative, 42 1985 Professional, or Government Office 42 Undeveloped, Commercial Land N/A Beauty Systems Group - 42 Warehouse and Wholesale 1986 Facility Hulcher Services, Inc. - 42 Administrative, Professional, or 1985 Government Office Undeveloped, Commercial Land 42 N/A or General Agriculture Title Resources et. al - Administrative, Professional, or 42 1983 Government Office or General Retail AlphaGraphics et. al - Administrative, Professional, or 42 2012 Government Office or General Retail Amsco Supply et. al - Warehouse and Wholesale 42 1985 Facility or Building Materials and Supply Store SITE DATA: The subject area is developed with a mix of uses. The area contains FEMA (Floodway and Floodplain) and ESA (Floodplain) designations, located along the top parcels of the subject area. The area has frontage on Loop 288 to the west and Mayhill Road, a primary arterial, to the east. Morse Street, a secondary arterial, bisects the subject area in the middle. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: Suburban Corridor Zoning: Public Facilities (PF) Zoning: Public Facilities (PF) (SC) Uses: Undeveloped and Use: Mayhill Road, Use: Loop 288, Undeveloped Floodway Undeveloped and Floodway and Floodway West: East: Zoning: Light Industrial (LI) Zoning: Public Facilities (PF) and General Office (GO) and Heavy Industrial (HI) SUBJECT PROPERTY Use: Loop 288 and Use: Mayhill Road, Minor Multifamily Dwelling Automotive Repair Shop, Impound Lot, Undeveloped and Floodway Southwest: South: Southeast: Zoning: General Office (GO) Zoning: General Office (GO) Zoning: Public Facilities (PF) Use: loop288 and Use: Administrative, Use: Mayhill Road and City- Administrative, Professional, Professional, and Owned Landfill and Government Office Government Office PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 7 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 mix of uses. 2. The area has frontage on Loop 288 to the west and Mayhill Road, a primary arterial, to the east. Morse Street, a secondary arterial, bisects the subject area in the middle. 3. The subject area is designated in the Future Land Use Map as Business Innovation. 4. Business Innovation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus-like or corporate park setting that may include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation is proposed throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future development may build from this proximity and create a critical mass for economic development. The mixed-use nature of these areas will ensure that employment areas will be benefit from complementary retail and services throughout the day. 5. The General Office (GO) is a more appropriate Zoning District for the area. The undeveloped, large tracts, its location between Loop 288 and Mayhill Road, and its designation of Business Innovation makes the area suitable for uses that are allowed under the GO Zoning District. 6. Many of the commercial and industrial uses that are allowed in the LI are also allowed in the GO, with some exceptions: a. Elderly Housing, College or University, Private School, Hospital Services, are not allowed in the LI, but are allowed by right in the GO. b. Multifamily Dwelling is not allowed in the LI, but is allowed with in the GO with an SUP. c. Building Materials and Supply Store and Travel Plaza are not allowed in the GO, but are allowed by right in the LI. d. RV Parks, Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard, Equipment Sales and Rental, Outdoor Storage, are not allowed in the GO, but are allowed in the LI with an SUP. 7. The maximum building height in the GO is 100 feet (additional height may be allowed with a SUP), while it is 75 feet in the LI. 8. The maximum building coverage in the GO is 80 percent, while it is 85 percent in the LI. 9. The purpose of the GO Zoning District is intended to provide locations for a variety of workplaces and complementary uses. Principal 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Employment Center Industrial (EC-I) to the General Office (GO) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 42 Site Location 288 ! ( 0220440880 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/6/2019 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 42 Future Land Use Map Low Community Residential Mixed Use Moderate Residential Parks / Open Space Industrial Commerce Government / Institutional Business Innovation 288 ! ( 0220440880 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: 6/6/2019 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 42 Proposed Zoning Map SC PF LI 288 S T RR GO PF HI 0110220440 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 42 Notification Map 288 ! ( 0220440880 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/6/2019 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 #:ZCI19-0043a,Version:1 AGENDA CAPTION HoldapublichearingandconsideradoptionofanordinanceoftheCityofDenton,Texas,changingthezoning districtanduseclassificationfromEmploymentCenterIndustrial(EC-I)totheGeneralOffice(GO)zoning districtanduseclassificationdefinedunderthe2019DentonDevelopmentCode(OrdinanceDCA18-0009q), onapproximately15.97acresofland,generallylocatedwestofMayhillRoadbetweenKarinaStreetand SpencerRoad,intheCityofDenton,DentonCounty,Texas;amendingtheCity’sofficialzoningmap; providingforapenaltyinthemaximumamountof$2,000.00forviolationsthereof;providingforseverability; andestablishinganeffectivedate.ThePlanningandZoningCommissionrecommendsapproval(7-0).(ZCI19 -0043a, City Initiated Zoning Change, Ron Menguita) City of DentonPage 1 of 1Printed on 7/19/2019 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: July 23, 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 Industrial (EC-I) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q), on approximately 15.97 acres of land, generally located west of Mayhill Road between Karina Street and Spencer Road, in the City of Denton, zoning map; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing for severability; and establishing an effective date. The Planning and Zoning Commission recommends approval (7-0). (ZCI19-0043a, City Initiated Zoning Change, 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 addresses in part citizen comments. Staff has collected and continues to collect citizen comments, through comment cards, email, phone, office visits with staff, and through past public hearings. The comments all have been entered into a master spreadsheet. Comments range from general comments in favor or in opposition of the Zoning District Transition Chart to specific requests that their property be zoned different from what was approved with the 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 2019 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 mprehensive plan. Specifically, areas where properties were either recently annexed and never properly zoned, and in areas where the zoning of for the area. 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 211 grants municipa 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 Staff recommends approval of the City Initiated Zoning Change. PRIOR ACTION/REVIEW (Council, Boards, Commissions) June 26, 2019 - Planning and Zoning Commission Public Hearing, Commission recommended approval (7-0). 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. Proposed Zoning Map 9. Notification Map 10. Draft Ordinance Respectfully submitted: Scott A. McDonald Director of Development Services Prepared by: Ron Menguita, AICP Principal Planner S:\\Legal\\Our Documents\\Ordinances\\19\\ZCI19-0042.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) TO THE GENERAL OFFICE (GO) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18- 0009Q), ON APPROXIMATELY 50.12 ACRES OF LAND, GENERALLY LOCATED ON BOTH SIDES OF MORSE STREET BETWEEN LOOP 288 AND MAYHILL ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CIT 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. (ZCI19-0042) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Employment Center Industrial (EC-I) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 50.12 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Employment Center Industrial (EC-I) to the General Office (GO) 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 6, Block 3, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded in Cabinet C, Page 87, Plat Records, Denton County, Texas. Also being the same property addressed at 3900 MORSE ST, Denton, Texas, is commonly known as DCAD Property ID No. 82161. 2. Being a lot, tract or parcel of land situated in the MEP & PRR Co. Survey Abstract No. 927, City of Denton, Denton County, Teas, and being part of Lot 6, Block 3 of the Golden Triangle Industrial Park, Phase V, an addition to the City of Denton according to the plat recorded in Cabinet C, Page 87, Plat Records of Denton County Texas and being more particularly described follows: All that certain tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, A-927, Denton County, Texas, being a part of a (called) 112.998 acre tract described in a deed from Martino Realty Company to Martino Development Company on the 19th day of December 1978, recorded in Vol. 929, page 573, Deed Records of said county, and being more fully described as follows: COMMENCING at an iron pin on the South boundary line of Lot 2, Block 1, of Golden Triangle Industrial Park, Phase V, Plat of which is recorded in Cabinet C, page 87, Plat Records of Denton County, same being the Southwest corner of a 5.09 more or less, acre tract described in a deed from Martino Development Company, Inc., to Tesla Properties on the 15th day of August 1983; THENCE South 88° 55' 50" East with the South boundary line of lot 2 and the North boundary line of Morse Street a distance of 270.87 feet to an iron pin at the Southeast corner of said 5.090 acre tract; boundary line of said 5.090 acre tract a distance of 491.28 feet to an iron pin on the North boundary line of said Lot 2 at the Point of Beginning for this tract; 0 acre tract in the Diddle of Pecan Creek, which is also on the North boundary line of said 112.998 acre tract; THENCE North 88° 54' 16" East in and near Pecan Creek a distance of 261.67 feet to a corner in said Creek; THENCE South 01° 11' 45" West a distance of 320.0 feet to an iron pin on the North boundary line of said aforementioned Lot 2; THENCE South 87° 25' 07" West a distance of 262.03 feet to the Point of Beginning, and containing l.9411 acres of land, is commonly known as DCAD Property ID No. 113438. 3. Being Lot 2C, Block 1, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded in Cabinet F, Page 4, Plat Records, Denton County, Texas. Also being the same property addressed at 3905 MORSE ST, Denton, Texas, is commonly known as DCAD Property ID No. 130261. 4. Being Lot 2D, Block 1, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded in Cabinet F, Page 4, Plat Records, Denton County, Texas. Also being the same property addressed at 3901 MORSE ST, Denton, Texas, is commonly known as DCAD Property ID No. 130265. 5. Being a lot, tract or parcel of land situated in the MEP & PRR Co. Survey Abstract No. 927, City of Denton, Denton County, Teas, and being (Tract II) of deed conveyed to Tesla Properties by deed recorded in Volume 1201, Page 862, Deed Records, Denton County, Texas and being more particularly described by metes & bounds as follows: Beginning at a ½ inch iron rod found for corner in the Northwest corner of Lot 1, Block 1 of Golden Triangle Industrial Park Phase IV on addition to the Coty of Denton, Denton County, Texas according to the Plat recorded in Cabinet B, Page 369, Plat Records, Denton County, Texas, said point being the Northeast corner of Lot 1 Block 1 of Golden Triangle Industrial Park Phase V an addition to the City of Denton, Denton County, Texas according to the Plat recorded in Cabinet C, Page 87, Plat Records, Denton County, Texas and being the southwest corner of (Tract II) of said Tesla Properties; THENCE 01 degrees 11 minutes 45 seconds East, distance of 375.25 feet to a point for a corner; Thence Easterly along the center of Pecan Creek as follows; North 73 degrees 53 minutes 30 seconds East, 100.04 feet to a point for a corner; North 87 degrees 03 minutes 40 seconds East, 91.00 feet to a point for a corner; South 87 degrees 53 minutes 30 seconds East, 263.00 feet to a point for a corner; Thence South 01 degrees 11 minutes 45 seconds West, 362.74 feet to a point for a corner; Thence South 87 degrees 25 minutes 10 seconds West, 595.89 feet to the point of beginning and containing 5.26 acres of land, is commonly known as DCAD Property ID No. 98988. 6. Being Lot 1, Block 1, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded in Volume B, Page 369, Plat Records, Denton County, Texas. Also being the same property addressed at 3827 MORSE ST, Denton, Texas, is commonly known as DCAD Property ID No. 76353. 7. Being Lot 2B, Block 1, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded in Cabinet D, Page 382, Plat Records, Denton County, Texas. Also being the same property addressed at 3911 MORSE ST, Denton, Texas, is commonly known as DCAD Property ID No. 113446. 8. Being Lot 1, Block 3, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded in Cabinet C, Page 87, Plat Records, Denton County, Texas. Also being the same property addressed at 3900 MORSE ST, Denton, Texas, is commonly known as DCAD Property ID No. 82152. 9. TRACT I BEING a tract of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 927, Denton County, Texas being a part of Lot 6, Block 3, of the Golden Triangle Industrial Park, Phase V, an addition to the City of Denton according to the plat recorded in Cabinet C, Page 87, Plat Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at around ½ inch -of-way line of Morse Street (60 feet wide) with the East right-of- THENCE South 1 degrees 50 minutes 50 seconds east, along said South line, a distance of 193.00 feet to a round ½-inch iron rod with cap for a corner; THENCE South 1 degree 09 minutes 10 seconds west, department said South line, a distance of 529.70 feet to a point for a corner, said corner lying South 1 degree 09 minutes 10 seconds West, a distance of 20.00 feet from a ½-inch iron rod with cap set for witness, which lies on the North line of a 40-feet wide Drainage and Utility Easement as shown on said recorded plat in Cabinet C, Page 07; THENCE North 88 degrees 50 minutes 50 seconds West, along the center line of said easement, a distance of 411.80 feet to a point for a corner lying on the East line of said Kimberly Drive and being South 88 degrees 50 minutes 50 seconds East, a distance of 0.10 THENCE North 3 degrees 11 minutes 09 seconds east, along sold East line, a distance of 20.00 feet passing a set ½-inch iron rod with cap, and continuing on line, a total distance of 530.03 feet to the POINT OF BEGINNING AND CONTAINING 213.153 feet or 893 acres of land. TRACT II BEING an 8.4812 acre tract of land in the M.E.P. & P.R.R. Co. SURVEY, ABSTRACT NO. 927, and being all of Lot 1, Block 3 and part of Lot 6, Block 3, Phase V of the Golden Triangle Industrial Park, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet C, Page 87, Plate Records of Denton County, Texas, and being more particularly described as follows: BEGINNI -of-way line of Morse Street (60 feet wide), and the west right-of-way line of Mayhill Road (60 feet wide); THENCE South 03 degrees 24 minutes 15 seconds west, along said west line, a distance of 510.11 feet to a ½ inch iron rod with cap found for a corner; THENCE South 03 degrees 24 minutes 15 seconds west, along said west line, a distance of 510.11 east to a ½ inch iron rod with cap found for a corner; THENCE South 03 degrees 24 minutes 15 seconds west, along said west line and along the south line of Lot 1 at 562.39 feet passing the southwest corner of Lot 1 and continuing along the south line of Lot 6, in all a distance of 607.04 feet to a ½ inch iron rod with cap found on the south line of Lot 6; THENCE North 01 degree 09 minutes 10 seconds East, departing said south line of Lot 6, a distance of 529.70 feet to a ½ inch iron rod with cap found for a corner, said point lying on the south right-of-way line of Morse Street (60 feet wide); THENCE South 68 degrees 50 minutes 50 seconds east, along said south righty-of-way line, at 158.10 feet passing the northeast corner of Lot 6 and continuing along the north line of lot 1, in all a distance of 707.86 feet to the POINT OF BEGINNING AND CONTAINING 369.435 square feet of 893 acres of land, is commonly known as DCAD Property ID No. 139812. 10. Being Lot 5, Block 3, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded in Cabinet C, Page 87, Plat Records, Denton County, Texas. Also being the same property addressed at 611 KIMBERLY DR, Denton, Texas, is commonly known as DCAD Property ID No. 82158. 11. Being a lot, tract or parcel of land situated in the MEP & PRR Survey, Abstract No. 927, City of Denton, Denton County, Teas, and being a tract of land as described in the deed conveyed to MRLP RN Land, LLC., a Texas limited liability company from Martino Realty Limited Partnership, a Teas limited partnership by deed recorded by County Clerk file number 2016- 2016-6992, Real Property Records, Denton County, Texas and being more particularly described by metes & bounds as follows: Beginning the Northwest corner of Lot 2D Cabinet F Page 4, Plat Records, Denton County, Texas; THENCE North, a distance of 360 feet to a point for a corner; THENCE Easterly, a distance of 126 feet to a point for a corner; THENCE Southeasterly, a distance of 118 feet to a point for a corner; THENCE Northeasterly, a distance of 55 feet to a point for a corner; THENCE South, a distance of 315 to a point for a corner and being the Northeast corner of Lot 2C of said addition; THENCE Southwesterly, along the north line of said Lot 2C and the north line of said Lot 2D, a distance of 280 feet to the Point of Beginning and containing in all 2.1 acres of land more or less, is commonly known as DCAD Property ID No. 98826. 12. Being Lot 3R1, Block 1, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded by Instrument No. 2013-41, Plat Records, Denton County, Texas. Also being the same property addressed at 525 S LOOP 288, Denton, Texas, is commonly known as DCAD Property ID No. 563278. 13. Being Lot 3R2, Block 1, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded by Instrument No. 2013-41, Plat Records, Denton County, Texas. Also being the same property addressed at 521 S LOOP 288, Denton, Texas, is commonly known as DCAD Property ID No. 563279. 14. Being Lot 2A, Block 1, of the GOLDEN TRIANGLE INDUSTRIAL PARK PHASE 5, as recorded in Cabinet E, Page 328, Plat Records, Denton County, Texas. Also being the same property addressed at 3917 MORSE ST, Denton, Texas, is commonly known as DCAD Property ID No. 121468. Exhibit B Planning Staff Analysis ZCI19-0043 City Initiated Zoning Changes (Area 43) City Council District 1 REQUEST: To change the zoning district and use classification for approximately 15.97 acres of land, generally located west of Mayhill Road between Karina Street and Spencer Road. AREA PROPERTY ID OWNER NAME PHYSICAL ADDRESS EXISTING USE CALVERT, BOBBY G 43 35868 1207 BRIDGES ST Single-Family Detached Dwelling & BARBARA JOHNSON, KELSEY 43 35877 1307 BRIDGES ST Single-Family Detached Dwelling CATHERINE 43 35874 JOHNSON, TERRY D 1205 BRIDGES ST Single-Family Detached Dwelling Undeveloped 43 699399 1301 BRIDGES LLC 1301 BRIDGES ST (demolished/removed single- family residential) 43 35872 MAYS, LARRY W 1201 BRIDGES ST Single-Family Residential Single-Family Detached Dwelling 43 36057 LEVINGS, BRYAN C 2900 SPENCER RD Possibly Duplex 43 35883 RIVAS, RUBEN 1309 BRIDGES ST Single-Family Residential HOLCOM, MARK R 43 35889 1313 BRIDGES ST Single-Family Residential & TAMITHA 43 35887 MAYO, SUZANNE 1311 BRIDGES ST Single-Family Residential 43 36055 LEVINGS, BRYAN C SPENCER RD Undeveloped STALLCUP, Single-Family Detached Dwelling 43 35881 3914 GAYLA LN JENNIFER M - Possibly Duplex 43 35871 OWEN, WADE B 920 S MAYHILL RD Single-Family Detached Dwelling DENTON COUNTY, 43 35847 1000 S MAYHILL RD Single-Family Detached Dwelling TEXAS LUSTER, ROBERT 43 224822 DALE & JANET LA BRIDGES ST Single-Family Detached Dwelling MAE LUSTER, ROBERT 43 36051 DALE & JANET LA 1315 BRIDGES ST Single-Family Detached Dwelling MAE NAVA, YAZMIN SOBERANES & 43 36054 1321 BRIDGES ST Single-Family Detached Dwelling SOBERANES, ARTURO 43 35862 WAGES, CATHERINE 3915 GAYLA LN Single-Family Detached Dwelling 4 S FAMILY 43 35864 1050 S MAYHILL RD Single-Family Detached Dwelling INVESTORS LLC HAMPTON, CATHERINE & 43 35860 3919 GAYLA LN Single-Family Detached Dwelling CALHOUN, VICTORIA KN DEALER 43 35867 3920 GAYLA LN Single-Family Detached Dwelling SERVICES LLC SIZE: 15.97 acres 2002 ZONING: Employment Center Industrial (EC-I) 2019 ZONING: Light Industrial (LI) CITIZEN(S) REQUESTED ZONING: None STAFF RECOMMENDATION: General Office (GO) EXISTING USE(S): Single-Family Detached Dwelling and Duplex STATUS: P = Permitted S Specific Use Permit Blank Cell = Use Prohibited + = Use-Specific Standards Apply Use GO LI Use-Specific Standard Single-Family Detached Dwelling Duplex Dimensional Standards GO LI Minimum Lot Area 2,500 feet 5,000 feet Minimum Front Yard Setback None 10 feet Minimum Side Yard Setback None \[1\] 5 feet \[1\] Minimum Rear Yard Setback 10 feet \[1\] None \[1\] Maximum Building Height 100 feet \[1\] \[2\] 75 feet Maximum Building Coverage 80 percent 85 percent Notes: \[1\] Buildings adjacent to a Residential Zoning District shall comply with the standards in Subsection 7.10.6: Building Height in Transition Area. \[2\] Additional height may be allowed with a Specific Use Permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). BACKGROUND: AREA EXISTING USE YEAR BUILT 43 Single-Family Detached Dwelling 1973 43 Single-Family Detached Dwelling 1963 43 Single-Family Detached Dwelling 1967 Undeveloped 43 (demolished/removed single-N/A family residential) 43 Single-Family Residential 1963 Single-Family Detached Dwelling 43 1983 Possibly Duplex 43 Single-Family Residential 1930 43 Single-Family Residential 1967 43 Single-Family Residential 1969 43 Undeveloped N/A Single-Family Detached Dwelling 43 1976 - Possibly Duplex 43 Single-Family Detached Dwelling 1962 43 Single-Family Detached Dwelling 1945 43 Single-Family Detached Dwelling 1963 43 Single-Family Detached Dwelling Unknown 43 Single-Family Detached Dwelling 1977 43 Single-Family Detached Dwelling 1950 43 Single-Family Detached Dwelling 1963 43 Single-Family Detached Dwelling 1959 43 Single-Family Detached Dwelling 1960 SITE DATA: The subject area is developed with primarily Single-Family Detached Dwellings. The area contains FEMA (Stream and Floodplain) and ESA (Riparian Buffer) designations, through the southern parcels of the subject area. The area has frontage on Mayhill Road to the east, a primary arterial, and Bridges Street to the west. Gayla Lane bisects the subject area in the middle, and Spencer Road borders the area to the south. SURROUNDING ZONING AND LAND USES: Northwest: North: Northeast: Zoning: General Office (GO) Zoning: General Office (GO) Zoning: Public Facilities (PF) Use: Administrative, Uses: Administrative, Use: Mayhill Road and City- Professional, and Professional, and Owned Landfill Government Office Government Office West: East: Zoning: General Office (GO) Zoning: Public Facilities (PF) SUBJECT PROPERTY Use: Administrative, Use: Mayhill Road and City- Professional, and Owned Landfill Government Office and Elderly Housing Southwest: South: Southeast: Zoning: Mixed-Use Zoning: Mixed-Use Zoning: Public Facilities (PF) Neighborhood (MN) Neighborhood (MN) Use: Mayhill Road and City- Owned Landfill Use: Undeveloped Use: Undeveloped PUBLIC NOTIFICATION: To comply with the public hearing notice requirements, 7 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 primarily Single-Family Detached Dwellings. 2. The area has frontage on Mayhill Road to the east, a primary arterial, and Bridges Street to the west. Gayla Lane bisects the subject area in the middle, and Spencer Road borders the area to the south. 3. The subject area is designated in the Future Land Use Map as Business Innovation. 4. Business Innovation is intended for large tracts of land that are appropriate for well- planned, larger scale office and employment parks with supporting uses such as retail, hotels, and residential. Primary uses include office, research and development, and light manufacturing. The primary uses should be developed in a campus-like or corporate park setting that may include generous, linked open space to maximize value and to promote visual quality and compatibility with the surrounding area. This designation is proposed throughout the city in areas that are in close proximity to commercial use areas and employment hubs in the city, so that future development may build from this proximity and create a critical mass for economic development. The mixed-use nature of these areas will ensure that employment areas will be benefit from complementary retail and services throughout the day. 5. The General Office (GO) is a more appropriate Zoning District for the area. The undeveloped tracts, its location between Loop 288 and Mayhill Road, and its designation of Business Innovation makes the area suitable for uses that are allowed under the GO Zoning District. 6. Many of the commercial and industrial uses that are allowed in the LI are also allowed in the GO, with some exceptions: a. Elderly Housing, College or University, Private School, Hospital Services, are not allowed in the LI, but are allowed by right in the GO. b. Multifamily Dwelling is not allowed in the LI, but is allowed with in the GO with an SUP. c. Building Materials and Supply Store and Travel Plaza are not allowed in the GO, but are allowed by right in the LI. d. RV Parks, Automotive Wrecking Service, Impound Lot, Junkyard, and Salvage Yard, Equipment Sales and Rental, Outdoor Storage, are not allowed in the GO, but are allowed in the LI with an SUP. 7. The maximum building height in the GO is 100 feet (additional height may be allowed with a SUP), while it is 75 feet in the LI. 8. The maximum building coverage in the GO is 80 percent, while it is 85 percent in the LI. 9. The purpose of the GO Zoning District is intended to provide locations for a variety of workplaces and complementary uses. Principal 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. RECOMMENDATION: Staff recommends approval of changing the zoning district and use classification from Employment Center Industrial (EC-I) to the General Office (GO) zoning district and use classification. ƚƓźƓŭ5źƭƷƩźĭƷƩğƓƭźƷźƚƓ/ŷğƩƷ CǒƷǒƩĻ\[ğƓķ ƭĻ5ĻƭźŭƓğƷźƚƓƭ/ǒƩƩĻƓƷƚƓźƓŭ5źƭƷƩźĭƷƭtƩƚƦƚƭĻķƚƓźƓŭ5źƭƷƩźĭƷƭ A,RD5,RC,(includingpreviouslyunzoned RuralAreas ww parcelsdesignatedforreferenceasRD5X) NR1 wЊ ResidentialLowDensity(upto4dwelling NR2 wЋ unitsperacre) NR3 wЌ NR4 wЍ ResidentialΑModerateDensity(4Α12 dwellingunitsperacre) NR6 wЏ DowntownCompatibilityAreaDR1,NRMU12,MF1 wА a5ΑǞźƷŷźƓ5Lt DowntownDentonDCN,DCG abΑƚǒƷƭźķĻ5Lt RegionalMixedUseRCCN,RCCD aw CommunityMixedUseVariousğƩźƚǒƭ NeighborhoodMixedUseDR2,RCR1,RCR2,NRMU ab ECC Dh BusinessInnovation ECI,ICE\[L Neighborhood/UniversityCompatibilityAreaVariousğƩźƚǒƭ CommercialCMG,CME{/ΑğƌƚƓŭğƩƷĻƩźğƌƭ I/ΑğƌƚƓŭLЌЎ Government/InstitutionalPubliclyOwnedProperties(e.g.,Cityof Denton,TWU,UNT,DISD,state,andfederal tC properties) IndustrialCommerceICG IL VariousPD,MPC t5 VariousPropertieszonedorrezonedwithconditions t5 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 43 Site Location 288 ! ( 0220440880 Feet SITECOD µ ETJ Parcels NAA 8/1/20 Roads Date: 6/6/2019 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 43 Future Land Use Map Industrial Commerce Business Innovation Government / Institutional 288 ! ( Regional Mixed Use 0220440880 Feet SITEBusiness Innovation Future Land Use µ Industrial Commerce Moderate Residential Parcels Government / Institutional Regional Mixed Use Roads Parks / Open Space Community Mixed Use Date: 6/6/2019 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 43 Proposed Zoning Map HI GO MR PF 0110220440 RR - Residential RuralR7 - ResidentialGO - General OfficeNew Area 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: 6/11/2019 The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City of Denton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. Area 43 Notification Map 288 ! ( 0220440880 Feet 200ft BufferSITECOD µ ETJ 500ft BufferParcels NAA 8/1/20 Roads Date: 6/6/2019 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\\ZCI19-0043.docx ORDINANCE NO. ______________ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) TO THE GENERAL OFFICE (GO) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18- 0009Q), ON APPROXIMATELY 15.97 ACRES OF LAND, GENERALLY LOCATED WEST OF MAYHILL ROAD BETWEEN KARINA STREET AND SPENCER ROAD, 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. (ZCI19-0043) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Employment Center Industrial (EC-I) to the General Office (GO) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 15.97 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 June 26, 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 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 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 Employment Center Industrial (EC-I) to the General Office (GO) 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 lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being a part of a certain tract of land which was conveyed by Carl M. Haggard and wife, Oleva Haggard, to Darrell Eugene Cook, Ivan Maurice Palmer Jr., and James E. Angel by warranty deed date December 19, 1958, and shown of record in Volume 442, page 439, Deed Records of Denton County, Texas, said land being a part of the MEP & PRR Co. Survey, Abst., No. 927, and more particularly described as follows: BEGINNING at a steel pin in the EBL of the above mentioned tract which was conveyed to Darrell Eugene Cook et al, and being south 03 deg. 52' west 464. 09 feet from the NE corner of said tract and being in the WBL of a certain tract of approximately 5 acres which is recognized as the Mayhill School tract; THENCE South 03 deg. 52' west a distance of 144. 03 feet to a steel pin for corner, and being in the NBL of a certain tract of land which was conveyed by deed dated November 5, 1963, from Leroy Barber and wife, Lucy Barber to R. D. Wages and wife, Catherine Wages as shown of record in Volume 501, page 350, Deed Records of Denton County, Texas; THENCE North 89 deg. 20' west and passing at 84. 5 feet the NW corner of the past mentioned R. D. Wages tract, continuing on said course, a total distance of 209 feet, to a steel pin in the EBL of a north and south public road, for corner; THENCE North 03 deg. 52' east along the EBL of said public road, a distance of 144. 03 feet to a steel pin for corner; THENCE South 89 deg. 20' east 209. 00 feet to point of beginning, and containing in all 0. 6910 of an acre of land, is commonly known as DCAD Property ID No. 35868. 2. All that certain tract of land situated in the M.E.P.& P. Railroad company survey, abstract number 927 in the city and county of Denton, Texas and being all of that called 9000.00 square foot tract of land described in the deed from Ola May Ward to Chester and Dee Ludlam Trust recorded under clerk's file number 95-R0077613 of the real property records of Denton County, Texas as recognized and occupied on the ground; the subject tract being more particularly described as follows: BEGINNING for the northwest corner of the tract being described herein at a 5/8" iron rod found for the northwest corner of said Ludlam tract on the east side of Bridges Street; THENCE South 89 degrees 20 minutes 46 seconds east with the north line of said tract, generally along a fence a distance of 119.93 feet to a 5/8" iron rod found for the northeast corner of said Ludlam tract; THENCE South 03 degrees 52 minutes 03 seconds west with the east line thereof, generally along a fence a distance of 75.08 feet to a 5/8" iron rod found for the southeast corner of said Ludlam tract; THENCE north 89 degrees 20 minutes 00 seconds west with the south line thereof generally along a fence a distance of 120.08 feet to a 5/8" iron rod found for the southwest corner of said Ludlam tract on the east side of said street; THENCE north 03 degrees 58 minutes 54 seconds east along said street and the west line of said tract a distance of 75.06 feet to the place of beginning and enclosing 8994 square feet of land, more or less, is commonly known as DCAD Property ID No. 35877. 3. All that certain tract of land situated in the M.E.P. & P. R. R. Co. Survey, Abstract Number 927 Denton, Texas and being all of a tract of land described in a deed from Faith Tabernacle Assembly of God Church of Denton, Texas to Terry D. Johnson and wife, Melba L. Johnson, as recorded in Volume 1297 Page 972, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin in the East boundary line of the above mentioned tract which conveyed to Darrell Eugene Cook, et al, and being South 03 degrees, 52 minutes ~lest 320.06 feet from the Northeast corner of said tract and being West boundary line of a certain tract of approximately 5 acres which is recognized as the Mayhill School Tract1 TIIENCE South 03 degrees 52 minutes West along the East boundary line of the Carrell Bugene Cook and others tract of land, a distance of 144.03 feet to a steel pin for corner; THENCE North 89 degrees 20 minutes west 209 feet to a steel pin for corner and being in the East boundary line of a North and South public road; TIIENCE North 03 degrees 52 minutes East along the East boundary line of on said public road a distance of 144.03 foot to a steel pin for corner; THENCE South 89 degrees 20 minutes East 209 feet to a point of beginning and containing in all 0.6910 of an acre of land, is commonly known as DCAD Property ID No. 35874. 4. Being Lot 1, Block A, of the STRITTMATTER ADDITION, as recorded by Instrument No. 2017-37, Plat Records, Denton County, Texas. Also being the same property addressed at 1301 BRIDGES ST, Denton, Texas, is commonly known as DCAD Property ID No. 699399. 5. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING IN THE M.E.P & P.R.R. SURVEY, ABSTRACT NUMBER 927 BEING DESCRIBED IN THE DED FROM LINDA LYNCH TO LARRY MAYS RECORDED BY COUNDY CLERK FILE No, 1998-103464, REAL PROPERTY RECORDS, DENTON COUNTY TEXAS, THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING FOR THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT BEING ON THE EAST LINE OF BRIDGES ROAD; THENCE EAST, ALONG THE NORTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 209 FEET TO A POINT FOR A CORNER; THENCE SOUTH, ALONG THE EAST LINE OF THE HEREIN DESCRIBED TRACT, A DISTANCE OF 144 FEET TO A POINT FOR A CORNER; THENCE WEST, ALONG THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT, A DISTANACE OF 209 FEET TO A POINT FOR A CORNER ON THE EAST LINE OF SAID BRIDGES ROAD; THENCE NORTH, ALONG THE EAST LINE OF SAID ROAD AND THE WEST LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 144 FEET TO THE PLACE OF BEGINNIING AND ENCLOSING 0.7 ACRES OF LAND MORE OR LESS, is commonly known as DCAD Property ID No. 35872. 6. BEING ALL THAT CERTAIN TRACTOR PARCEL OF LAND LYING AND BEING SITUATED IN THE M.E.P. & P.R. R. COMPANY SURVEY ABSTRACT 927, DENTON COUNTY, TEXAS AND BEING THE SAME TRACT AS DESCRIBED IN A DEED FROM TAVA HARDIN SCRIPTURE, TO A. G. BRATCHER, JR, AND WIFE, STEPHEANNA BRATCHER, ON THE 3RD DAY OF JULY, 1979, RECORDED IN VOLUME 960, PAGE 723, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOUND AT A FENCE CORNER POST ON THE EAST RIGHT OF WAY OF BRIDGES STREET, AT THE NORTHWEST CORNER OF SAID BRATCHER TRACT AND BEING THE SOUTHWEST CORNER OF A TRACT DEEDED TO MARGARET H. BARON, RECORDED IN COUNTY CLERKS INSTRUMENT NUMBER 97-R0013497, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 20 MINUTES 00 SECONDS EAST ALONG AND NEAR A FENCE, WITH THE NORTH LINE OF SAID BRATCHER TRACT AND THE SOUTH LINE OF SAID BARON TRACT, A DISTANCE OF 120.00 FEET TO A ½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is commonly known as DCAD Property ID No. 35883. 7. All that certain lot, tract or parcel of land out of the M.E.P. & P.R.R. Company Survey, Abst. No. 927, Denton County, Texas, and being more particularly described as follows: Being a part of a Second and Third Tract in a Deed from Darrell Eugene Coot, et al, to Ralph Bridges, being the same person as the Grantor herein, Ralph B. Bridges, Sr., by deed dated January 5, 1965, and recorded in Vol. 51B, Page 421 of the Deed Records of Denton County, Texas, and 1965 and being sword particularly described as follows: BEGINNING in the West Boundary Line of the Third Tract described in said Deed from Cook to Bridges shown of record in Vol. 518. Page 421 of the Denton County Deed Records, 35.26 feet South 3 deg. 57 min. West from the Northwest Corner of Said Cook to Bridges tract, the 35.26 feet South 3deg. 57 min. West from the North Boundary Line of the Third Tract in the said Cook to Bridges deed and parallel therewith, 120 feet, for corner in the Southeast Corner the North Boundary Line of Tract Three in the Deed from Cook to Bridges at 35.26 feet 39.79 feet from and parallel with the north Boundary Line of the Third Tract in the Cook to Bridges deed, 120 feet for corner in the West Boundary Line of Tract Two in the Deed from Thence South 3de the Northwest corner of the Third Tract in the Cook to Bridges deed at 39.79 feet continuing an overall distance of 75 feet to the place of beginning, is commonly known as DCAD Property ID No. 35889. 8. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING IN THE M.E.P & P.R.R. SURVEY, ABSTRACT NUMBER 927 AND A RESURVEY OF A CALLED TRACT TWO DESCRIBED IN THE DED FROM WALTER E. BRADLY ET UX TO A.G. BRATCHER, JR. ET US RECORDED IN VOLUME 600, PAGE 29, DEED RECORDS, DENTON COUNTY TEXAS, THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINING FOR THE NORTHWEST CORNER 0F SAID TRACT TWO AT A CAPPED IRON ROD FOUND IN THE EAST LINE OF BRIDGES STREET; THENCE SOUTH 89 DEGREES 20 MINUTES 00 SECONDS EAST WITH THE NORTH LINE THEREOF A DISTANCE OF 120.13 FEET TO A CAPPED IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT TWO; THENCE SOUTH 04 DEGREES 03 MINUTES 10 SECONDS WEST WITH THE EAST LINE THEREOF A DISTANCE OF 75.01 FEET TO A POINT IN A FENCE FOR THE SOUTHEAST CORNER OF SAID TRACT TWO; THENCE NORTH 89 DEGREES 20 MINUTES 00 SECONDS WEST WITH THE SOUTH LINE THEREOF ALONG AND NEAR A FENCE A DISTANCE OF 120.00 FEET TO. A ½ INCH CAPPED IRON ROD SET IN THE EAST LINE OF SAID STREET FOR THE SOUTHWEST CORNER OF TRACT TWO; THENCE NORTH 03 DEGREES 57 MINUTES 00 SECONDS EAST WITH THE EAST LINE THEREOF AND THE WEST LINE OF SAID TRACT TWO A DISTANCE OF 75.00 FEET TO THE PLACE OF BEGINNIING AND ENCLOSING 0.21 ACREA OF LAND MORE OR LESS. is commonly known as DCAD Property ID No. 35887. 9. A tract of land in the MEP & PRR Company Survey, Abstract No. 927, in the City of Denton, Denton County, Texas , all of "Tract I " and "Tract II" conveyed by deed from Bobby Ray Miller and Lucy E . Miller to Claude C. Cannon and Mary F. Cannon recorded in Volume 908, Page 503, Deed Records, Denton County, Texas, and more particularly described as follows: Beginning at a fence corner in the north line of Spencer Road, a public roadway having a right- of-way of 60.0 feet, said point being the most southerly southwest corner of that tract of land conveyed by deed from Jackie Lee Bridges, Executor to Ralph w. Bridges recorded under County Clerk Fil e No. 97-R0009761, Real Property Records, Denton County, Texas; Thence South 87 deg. 04 min. 00 sec. West 162.91 feet with said north line of Spencer Road to an iron rod set for corner in the east line of Bridges Road, a public roadway having a right- of-way of 50.0 feet; Thence North 01 deg. 38 min. 42 sec. East 114.88 feet with said east line of Bridges Road to a fence post for corner, said point being the southwest corner of that tract of land conveyed by deed from Frances Mae Brazeal to Debra Le Ann Brazeal Jackson and Brian Lee Jackson recorded under County Clerk File No. 97-R0024641, Real Property Records, Denton County, Texas; Thence North 89 deg. 49 min. 59 sec. East, pass at 120.0 feet the most westerly southwest corner of said Bridges tract, a total distance of 162.00 feet with the south line of said Jackson tract and with a south line of said Bridges tract to an iron rod set for corner at an inner ell of said Bridges tract; Thence South 01 deg. 23 min. 33 sec. Wes t 107 .00 feet with a west line of said Bridges tract to the place of beginning, and containing 0.413 acre of land, more or less.is commonly known as DCAD Property ID Nos. 36055 and 36057. 10. Being all that certain tract of land situated in the MEP & PRR survey, Abstract Number 927, Denton County, Texas and being all of a tract of land described in the deed from Troy D. Glenn to C. B. Wilson as recorded in Volume 690, Page 117 of the Deed Records of said County; the subject tract being more pa1iicularly described as follows: BEGINNING at a 3/8" iron rod found in the West line of a tract of land described in the deed to The City of Denton, as recorded in Document Number 2012-90395 of the Real Property Records of said County and being the Northeast corner of a tract of land described in the deed to Eddie Lane and Perry Lane as recorded in Document Number 2013-111059 of said Real Property Records and the Southeast corner of said Wilson tract; Thence North 89 degrees 16 minutes 12 seconds West with said common line along and near a fence a distance of 124.05 feet to a 'h" iron rod found for the Southwest corner of said Wilson tract and the Southeast corner of a tract of land described in the deed to Alfred Leroy Krauss and wife, Ava Ruth Krauss as recorded in Volume 2944, Page 905 of said Real Property Records; Thence North 03 degrees 10 minutes 58 seconds East with said common line along and near a fence a distance of 299.84 feet to a capped iron rod stamped "KAZ" set for the Northeast corner of said Krauss tract and the Northwest corner of said Wilson tract in the South line of Gayla Lane; Thence South 89 degrees 20 minutes 00 seconds East with said common line a distance of 124.50 feet to a capped iron rod stamped "KAZ" set for the Northeast corner of said Wilson tract and being in the West line of a tract of land described in the deed to The Leroy Barber and Lucy I. Barber Family Trust as recorded in Document Number 94-R0041710 of said Real Property Records; Thence South 03 degrees 16 minutes 00 seconds West with said common line along and near a fence a distance of 300.00 feet to the PLACE OF BEGINNING and enclosing 0.85 acres of land more or less, is commonly known as DCAD Property ID No. 35881. 11. ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS AND BEING IN THE M.E.P & P.R.R. SURVEY, ABSTRACT NUMBER 927 BEING A PORTION OF LAND DESCRIBED IN THE DEED TO WADE OWEN ET UX JOAN OWEN, AS RECORDED IN VOLUME 544, PAGE 370, DEED RECORDS, DENTON COUNTY TEXAS AND BEING A PORTION OF LAND AS DESCRIBED IN THE DEED TO WADE OWEN ET UX JOAN OWEN, AS RECORDED IN VOLUME 1171 PAGE 46, DEED RECORDS, DENTON COUNTY, TEXAS, THE SUBJECT TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING FOR THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT BEING ON THE EAST LINE OF BRIDGES ROAD; THENCE NORTH, ALONG THE EAST LINE OF SAID BRIDGES ROAD AND THE WEST LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 176 FEET TO A POINT FOR A CORNER; THENCE EAST, ALONG THE NORTH LINE OF THE HEREIN DESCRIBED TRACT, A DISTANCE OF 209 FEET TO A POINT FOR A CORNER; THENCE SOUTH, ALONG THE EAST LINE OF THE HEREIN DESCRIBED TRACT, A DISTANACE OF 176 FEET TO A POINT FOR A CORNER; THENCE WEST, ALONG THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 144 FEET TO THE PLACE OF BEGINNIING AND ENCLOSING 0.8 ACRES OF LAND MORE OR LESS, is commonly known as DCAD Property ID No. 35871. 12. Being a 3.54 acre tract of land in the M.E.P. & P. R.R. Co. Survey, Abstract Number 927, in the City of Denton, Denton County, Texas and being a part of a tract of land described in a deed to J.G. Duncan and wife, Frances Duncan, as recorded in Volume 509, Page 327, Real Property Records, Denton County, Texas (R.P.R.D.C.T.); the subject tract being more particularly described as follows: BEGINNING at a 5/8" Iron Rod Found (IRF) in the North line of a tract of land described in a deed to R.D. Wages and wife, Catherine Wages, as recorded in Volume 501, Page 350, R.P.R.D.C.T., also being the Southwest Corner of said Duncan tract, and being the Southeast Corner of a tract of land described in a deed to Bobby Gene Calvert and wife, Barbara Calvert, as recorded in Volume 525, Page 485, R.P.R.D.C.T.; Thence N 02°33'30" E with the West line of said Duncan tract, passing a W' IRF for the Southeast corner of a tract of land described in a deed to Wade B. Owen as recorded in County Clerk's File Number (CCF#) 2013-12364, R.P.R.D.C.T. at a distance of 425.99 feet, and continuing along said course for a total distance of 605.00 feet to a 112" Capped Iron Rod stamped "Eagle Surveying" set (CIRS) for the Northwest corner of said Duncan tract; Thence S 89°50'30" E with the North line of said Duncan tract a distance of 251.79 feet to a CIRS for the Northeast corner of the herein described tract and being the Southwest corner of a tract of land described in a deed to the City of Denton, as recorded in CCF# 2014-48065, R.P.R.D.C.T., and being the Northwest corner of a tract of land described in a deed to The City of Denton, as recorded in CCF# 2014-69409, R.P.R.D.C.T.; Thence S 01°52'47" W with the West line of said City of Denton (CCF# 2014-69409) tract a distance of 350.77 feet to a CIRS at the beginning of a curve to the right, having a radius of 9932.50 feet and a chord bearing and distance of S 02°16'30" W, 137.04 feet; Thence along said curve and the West line of said City of Denton (CCF# 20 14-69409) tract an arc length of 137.04 feet to a CIRS; Thence S 02°40'13" W with the West line of said City of Denton (CCF# 2014-69409) tract a distance of 116.47 feet to a 1/2" Capped Iron Rod stamped "Arthur Surveying" found for the Southeast corner of the herein described tract, and being the Southwest corner of the said City of Denton (CCF# 2014-69409) tract, the Northwest corner of a tract of land described in a deed to the City of Denton, as recorded in CCF# 2012-73741, R.P.R.D.C.T., and the Northeast corner of a tract of land described in a deed to 4 S Family Investors, LLC, as recorded in CCF# 2017-15718, R.P.R.D.C.T.; Thence N 89°57'52" W with the South line of said Duncan tract a distance of 256.42 feet to the POINT OF BEGINNING and containing 3.54 acres of land, more or less, is commonly known as DCAD Property ID No. 35847. 13. All that certain tract of land situated in the M.E.P. & P. R. R. Co. Survey, Abstract Number 927~ Denton, Texas and being all of a tract of land described in a deed from Debra LeAnn Jackson lo Frances Mae Brazeal Gross, as recorded in County Clerk's File Number 2000- 022028, Real Property Records, Denton County, Texas, and being a part of a tract of land described from Frances Mae Brazeal to Debra Le Ann Brazeal Jackson et ux. as recorded in County Clerk's File Number 97-024641, Real Property Records of Denton County. Texas, as recognized and occupied on the ground, the subject tract being more particularly described as follows; COMMENCING at a 112" iron rod found on the East side of Bridges Street for the Northwest corner of a tract of land described in a deed to Charles M. Jackson, Jr., as recorded in County Clerk File Number 1999-066946, Real Property Records, Denton County, Texas; THENCE South 03 degrees 57 minutes 00 seconds West with the West line thereof a distance of 150.00 feet to a 3/8" iron rod set for the Southwest corner of a tract of land described in a deed to Mark R. Holcom as recorded in County Clerk File Number 1994-044729 and the Northwest corner of said Gross tract and being the POINT OF BEGINNING for the herein described tract; THENCE South 89 degrees 20 minutes 00 seconds East with the South line of said Holcom tract and the North line of said Gross tract, along or near a fence a distance of 120.00 feet to a 3/8" iron rod set for the Northeast corner thereof and the Southeast corner of said Holcom tract, said corner being in the West line of a tract of land described in a deed to Ralph W. Bridges, as recorded in County Clerk File Number 1997-009761, Real Property Records, Denton County, Texas; THENCE South 03 degrees 57 minutes 00 seconds West with the West line thereof and the East line of said Gross tract and said Jackson tract, along or near a fence, a distance of 150.00 feet to a 3/8" iron rod set for the Southeast corner of herein described tract and in the East line of said Jackson tract; THENCE North 89 Degrees 20 Minutes 00 Seconds West, a distance of 120 00 feet to a 3/8" iron rod set for the Southwest corner of herein described tract in the West line of said Jackson tract and on the East side of said street; THENCE North 03 degrees 57 minutes 00 seconds East with said line of street, the West line of said Gross tract and Jackson tract, a distance of 150 00 feet to the PLACE OF BEGINNING and enclosing 0. 41 of an acre of land more or less, is commonly known as DCAD Property ID Nos. 224822 and 36051. 14. Being all that certain tract of land situated in the M.E.P. & P.R.R. Company Survey, abstract Number 927, Denton County, Texas and being a part of a called Fourth Tract, and Fifth Tract described in the deed from Darrell Eugene Cook, et al, to Ralph Bridges as recorded in Volume 518, Page 421 of the Deed Records of said County same being a part of a called 0.5 acre tract of land described in the deed from Francis Mae Brazeal to Debra LeAnn Brazeal Jackson and husband, Brian Lee Jackson as recorded Document Number 97-024641 of the Real Property Records of said County and being a part of a called 0.41 acre tract described in the deed from Francis Mae Brazeal to Robert Dale Luster and Janet LaMae Luster as recorded in Document Number 2011-13392 of said Real Property Records; the subject tract being more particularly described as follows: BEGINNING at a 3/8" iron rod found in the East line of Bridges Street for the Northwest corner of the herein described tract from which the Northwest corner of said 0.41 acre tract bears North 03 degrees 57 minutes 00 seconds East a distance of 75.00 feet; Thence South 89 degrees 20 minutes 00 seconds East a distance of 120.00 feet to a 3/8" iron rod found for the Northeast corner of the herein described tract; Thence South 03 degrees 57 minutes 00 seconds West with the East line thereof a distance of 112.00 feet to a capped iron rod stamped "5312" set for the Southeast corner of the herein described tract and being in the North line of a called 0.413 acre tract of land described in the deed to Bryan C. Levings as recorded in Document Number 2009-94475 of said Real Property Records; Thence North 89 degrees 20 minutes 00 seconds West with said common line a distance of 120.00 feet to a capped iron rod stamped "5312" set in the East line of said street for the Northwest corner of said 0.413 acre tract and the Southwest corner of the herein described tract; Thence North 03 degrees 57 minutes 00 seconds East with the West line thereof and the East line of said street a distance of 112.00 feet to the PLACE OF BEGINNING and enclosing 0.31 acres of land more or less, is commonly known as DCAD Property ID No. 36054. 15. Tract I All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, State of Texas, and being a part of a certain tract which was conveyed by Warranty Deed dated December 19, 1958, from Carl M. Haggard and wife, Oleva Haggard, to Darrell Eugene Cook, Ivan Maurice Palmer, Jr., and James E. Angel, as shown of record in Volume 442, Page 439, of the Deed Records of Denton County, Texas; being out of the MEP and PRR Company Survey, Abstract No. 927, Denton County, Texas, and being more particularly described as follows: BEGINNING at a steel pin in the North Boundary Line of a proposed 50 foot street, and being North, 03 degrees, 16 minutes East, 1177.13 feet, and North, 89 degrees, 20 minutes West, 124.5 feet from the Southeast corner of the past mentioned James E. Angel et al tract of land; THENCE NORTH 89 degrees, 20 minutes West, a distance of 124.5 feet, to a steel pin in the East boundary line of a proposed 50 foot North and South Street; said steel pin and corner being 51 feet East of the West boundary line of the James E. Angel, et al, tract; THENCE NORTH, 03 degrees, 16 minutes East, 51 feet East of, and parallel with the West boundary line of said Angel et al tract of land, a distance of 300.0 feet, to a steel pin for corner; THENCE SOUTH, 89 degrees, 20 minutes East, 124.5 feet, to a steel pin for corner; THENCE SOUTH, 03 degrees, 16 minutes West, a distance of 300.00 feet, to point of beginning, and containing in all, eighty-five thousand, seven hundred and forty-three hundred thousandths (.85,743) of an acre of land. Tract II All that certain lot, tract or parcel of land lying and being situated in the County of 1 Denton, State of Texas, and being a part of a certain tract which was 1conveyed by warranty deed dated December 19, 1958, from Carl M. Haggard and wife, Oleva Haggard, to Darrell Eugene Cook, Ivan Maurice Palmer, Jr., and Jarres E. Angel, as shown of record in Volume 422, page 439, of the Deed Records of Denton County, Texas, being out of the KEP & PRR Co. Survey, Abstract No. 927, Denton County, Texas, and being more fully described as follows: BEGINNING at a steel pin in the E.B.L. of the past mentioned Jarres I E. Ano:~el, et al tract of land, and being North 03 deg. 16 min. East 1177.13 ft. from the southeast corner of said tract, said corner of said I tract also bei'1g North 03 deg. 16 min. East 25 ft. from the southwest, corner of a certain 2.486 acre tract of land which was conveyed by deed dated Feb. 21, 1961, from Carl M. Haggard and wife, Oleva Haggard to Lero Barber and wife, Lucy Barber, as shown of record in Vol. 465, page 108, of the Deed Records of Denton County, Texas, and being in the North Boundary Line of an existing 50 ft. street; THENCE North 89 deg. 20 min. West 124.5 ft. to a steel pin for corner in the N.B.L. of a proposed 50 foot street; THENCE North 03 deg. 16 min. East 300.00 ft. to a steel pin for corner; THENCE South 89 deg. 20 min. East 124.5 feet to a steel pin for corner in the E.B.L. of the past mentioned James E. Angel et al tract of land and being in the W.B.L. of the Leroy Barber 2.486 acre tract; THENCE South 03 deg. 16 min. West along the E.B.L. of the James E. Angel et al tract, a distance of 300.0O feet to the point of beginning and containing in all .85,743 of an acre of land, is commonly known as DCAD Property ID No. 35862. 16. BEING all that certain lot, tract or parcel of land situated in the M.E.P. & C.RR. SURVEY, ABSTRACT NUMBER 927, City of Denton, Denton County, Texas, and all that certain tract of land described in deed to Carl K. Clay, recorded in Volume 1149, Page 518, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found on the west right-of-way of Mayhill Road, an apparent public roadway, said point being the northeast corner of said clay tract and the southeast corner of that certain tract of land described in deed to J.G. Duncan and wife, Frances Duncan, recorded in Volume 509, Page 327, Real Property Records, Denton County, Texas; THENCE South 00 degrees 22 minutes 11 seconds West, along said Mayhill Road, a distance of 141.99 feet to a 1/2 inch iron rod found at the southeast comer of said Clay tract and the most northerly northeast comer of that certain tract of land described in deed to Philip Hardy Matzinger and wife, Youvonne Matzinger, recorded in Volume 876, Page 429, Real Property Records, Denton County, Texas; THENCE South 88 degrees 02 minutes 33 seconds West, along the most easterly north line of said Matzinger tract a distance of 149.42 feet to a 1/2 inch iron rod found at the most southerly southwest comer of said Clay tract; THENCE North 00 degrees 24 minutes 41 seconds East, along the most northerly east line of said Matzinger tract a distance of99.91 feet to a 1/2 inch iron rod found at an inner ell comer of said Clay tract; THENCE South 87 degrees 03 minutes 20 seconds West, along the north line of said Matzinger tract along and near a fence passing the northwest comer thereof and continuing on a distance of 134.52 feet to a 1/2 inch capped iron rod set at the most westerly comer of said Clay tract, same being the northwest comer of that certain tract of land described in deed to R.D. Wages, recorded in Volume 514, Page 588, Real Property Records, Denton County, Texas, said point being on the east line of that certain tract of land described in deed to R.D. Wages and wife, Catherine Wages, recorded in Volume 501, Page 350, Real Property Records, Denton County, Texas; THENCE North 00 degrees 29 minutes 30 seconds East, along the east line of said Wages tract, a distance of 42.93 feet to a metal fence comer post found at the northwest comer of said Clay tract and the northeast comer of said Wages tract, said point on the south line of said Duncan tract; THENCE North 87 degrees 44 minutes 40 seconds East, along the south line of said Duncan tract along and near a fence a distance of 283.73 feet to the point of beginning containing approximately 0.61 acres of land, more or less. SAVE AND EXCEPT the following tract conveyed to the City of Denton, filed on July 9, 2012, recorded as County Clerk's Instrument No. 2012-73741, Official Public Records of Denton County, Texas: BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract Number 927, City of Denton, Denton County, Texas, and being a portion of that tract of land described by deed to Carl K. Clay, recorded in Volume 1149, Page 518, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the northeast comer of said Clay tract, and being in the south line of a tract of land described by deed to J.G. Duncan and wife, France Duncan, recorded in Volume 509, Page 327, D.R.D.C.T., and being in the existing west right-of-way line of Mayhill Road; THENCE South 02 degrees 23 minutes 25 seconds West, with the east line of said Clay tract and the west right-of-way line of said Mayhill Road, a distance of 140.76 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for the southeast comer of said Clay tract and the most easterly northeast comer of a tract of land described by deed to Philip Hardy Matzinger and wife, Yvonne Matzinger, recorded in Volume 876, Page 429, D.R.D.C.T.; THENCE South 89 degrees 28 minutes 05 seconds West, with the south line of said Clay tract and a north line of said Matzinger tract, a distance of 66.86 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer; THENCE North 02 degrees 38 minutes 08 seconds East, over and across said Clay tract, a distance of 141.15 feet to a 1/2 inch iron rod with yellow cap stamped "A.S.C." set for comer in the north line of said Clay tract and the south line of said Duncan tract; THENCE North 89 degrees 46 minutes 34 seconds East, with the north line of said Clay tract and the south line of said Duncan tract, a distance of 66.24 feet to the POINT OF BEGINNING and containing 0.215 acre of land, more or less, is commonly known as DCAD Property ID No. 35864. 17. All that certain lot, tract or parcel of land, lying and being situated in the County of Denton, States of Texas, and being a part of a certain 2.486 acre tract as conveyed by deed dated February 21,1961, from Cark M. Haggard and wife, Oleva Haggard to Leroy Barber and wife Lucy Barber, as shown of record in Volume 465, Page 108 of the Deed Records of Denton County, Texas, being out of the MEP & PRR Company Survey, Abstract 927, and being more particularly described as follows: BEGINNING at a steel pin in the North Boundary line of a public road running East and West feet from the Southwest corner of the above mentioned 2.485 acre tract; said point of beginning being the Southeast corner of a certain tract of land as conveyed by deed dated October 15, 1964, from Leroy Barber and wife Lucy Barber to R.D. Wages and wife, Catherine Wages. As shown of record in Volume 514, Page 598, of the Deed Records of Denton County, Texas; Wages tract; post for the northwest corner of the tract herein described; described; of tract herein described, and being in the West Boundary line of a North and South public road; pin and fence corner post for the most Eastern Southeast corner of the tract herein described, and being the Northeast corner of a certain tract of land so conveyed by deed dated January 15, 1970, from Gary L . Grotts and wife Patsy Ann Grotts to Roger W, Carper and wife Diana Carper, as recorded in Volume 597 Page 213 of the Deed Records of Denton County, Texas; and being the same land as shown, by deed dated May 8, 1962, from Donald Breanley and wife Joyce Breanley to H.C. Fanning and wife Betty C. Fanning, in Volume 461, Page 237 of the Deed Records of Denton County, Texas; eet to a steel pin for the Southwest corner of mentioned Carper tract, same being the North Boundary line of the past mentioned East and West public road; road, 123.84 feet to point of beginning and containing 0.627 of an acre of land, is commonly known as DCAD Property ID No. 35860. 18. All that certain lot, tract or parcel of land lying and being situated in the City of Denton, Denton County, Texas and being a part of the M.E.P & P.R.R. Company Survey, Abstract number 927 and being the remainder of that called 1.861 acre tract of land described in deed to Leroy Barber and wife, Lucy Barber recorded in Volume 465, Page 110, Deed Records, Denton County, Texas and being more fully described by metes and bounds as follows; BEGINNING at a P.K. nail found in Gayla Drive and also being the Northwest corner of tract certain called 0.398 acre tract of land described in deed to the City of Denton recorded in Instrument number 2013-52528, Real Property Records, Denton County, Texas; THENCE along the common line of said 0.398 acre tract and this tract, South 02 degrees 41 minutes 34 seconds West, 25.39 feet to a 112 inch iron rod found; THENCE continuing along said common line, South 44 degrees 00 minutes 35 seconds East, THENCE continuing along said common line, South 02 degrees 41 minutes 39 seconds West, 142.04 feet to a capped iron rod set stamped "KAZ"; THENCE South 40 degrees 12 minutes 17 minutes West, 50.01 feet to a capped iron rod set stamped "KAZ"; THENCE South 45 degrees 37 minutes 50 seconds West, 51.41 feet to a capped iron rod set stamped "KAZ"; THENCE South 89 degrees 16 minutes 50 seconds West, 143.90 feet to a ½ inch iron rod found at the Southwest corner of said 1.861 acre tract; THENCE North 02 degrees 06 minutes 33 seconds East, 260.93 feet to a P.K. nail set in the aforementioned Gayla Drive; THENCE along said Gayla Drive, North 89 degrees 20 minutes 56 seconds East, 192.14 feet to the PLACE OF BEGINNING and containing 1.19 acres of land more or less, is commonly known as DCAD Property ID No. 35867. Exhibit B