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HomeMy WebLinkAbout071621 Friday Staff Report City Manager’s Office 215 E. McKinney St., Denton, TX 76201  (940) 349-8307 OUR CORE VALUES Integrity  Fiscal Responsibility  Inclusion  Transparency  Outstanding Customer Service MEMORANDUM DATE: July 16, 2021 TO: The Honorable Mayor Hudspeth and Council Members FROM: Sara Hensley, Interim City Manager SUBJECT: Staff Report I. Council Schedule A. Meetings 1. Cancelled - Traffic Safety Commission Meeting on, Monday, July 19, 2021, at 11:30 a.m. at the Development Service Center. 2. Work Session of the City Council on Tuesday, July 20, 2021, at 2:00 p.m. followed by a Regular Meeting at 6:30 p.m. in the Council Chambers. 3. Mobility Committee Meeting on Wednesday, July 21, 2021, at 9:00 a.m. in the Council Chambers. 4. Cancelled - Development Code Review Committee Meeting on Wednesday, July 21, 2021, at 11:00 a.m. in the Development Service Center. 5. Health and Building Standards Commission Meeting on Thursday, July 22, 2021, at 3:00 p.m. at the Development Service Center. 6. Cancelled - Audit/Finance Committee Meeting on Friday, July 23, 2021, at 1:00 p.m. in the City Hall Conference Room 7. Sustainability Framework Advisory Committee on Friday, July 23, 2021, at 1:00 p.m. at the Sustainability Office. II. General Information & Status Update A. Pending Council Requests Work Session Topics – Pursuant to Ordinance No. 19- 2026, the following items will be discussed during the June 15 City Council work session. Each week, the topics included on the next week’s agenda will be in the Friday Report. Staff contact: Rachel Balthrop Mendoza, City Manager’s Office 1. A work session on making city boards and committees more inclusive and accessible for the public to serve and participate. a. Requestor: Council Member Armintor b. Council Member Request: “In the spirit of our commitment to inclusion as a City value, I am heartened by the recent news that all board and commission members will be given City email addresses to be published on the website, and that there will be a more systematic way for board and commission members to request ADA accommodations. I had initially requested the aforementioned two improvements along with the following two, but now that the former have already been addressed by staff, I have edited my pitch to a work session on the following for greater accessibility, diversity, and inclusion: • removing the voter registration requirement to serve on city boards and committees, regardless of voting status, so as to allow involved Denton city residents who can't register to vote because they are not U.S. citizens to serve on city boards and committees. Board and committee members would still have to be city of Denton residents in order to serve; and • reassessing additional membership requirements based on profession or other factors besides Denton residence for boards and committees to ensure that these requirements are not restricting socioeconomic and experiential diversity and inclusion for any one or more committee positions, such as the list of white-collar professions for membership eligibility on the Ethics Board.” c. Staff Information: Article III of the City of Denton Code of Ordinances designates the qualifications and rules of procedure for matters as they relate to Boards, Commissions, and Committees. Sec. 2-61 details that each member of a board or commission shall be a qualified voter of the city. An amendment to this section would require an amendment to the Code of Ordinances. Additionally, some city boards are provided for in the Charter. Depending upon the scope of the changes requested, the estimate for staff time is approximately 10-20 hours. If a charter amendment is necessary, an election will require significant lead time to coordinate a citizen’s committee, draft necessary language and documents, call an election, comply with all necessary requirements, develop education and materials, and more. An estimate of staff time to prepare for a charter amendment election would be conservatively figured in the 100+ hours range. Date requested: June 18, 2021 Format for response: Work Session 2 B. Economic Development 3rd Quarter Report –Economic Development has produced the attached Denton Economic Development Partnership 3rd Quarter Report. The report includes updates regarding key statistical indicators, business attraction, business retention and expansion, education and training efforts, partnerships, and more. Staff contact: Jessica Rogers, Economic Development C. Award of Landfill Expansion Permit – On July 9, 2021, the Executive Director of the TCEQ signed the City’s landfill expansion permit – 1590B. (See the attached notice). The Solid Waste and Recycling Department awaits the receipt of a signed hard copy. Members of the public have an opportunity to appeal the permit, either b y filing a Motion to Overturn (MTO) the TCEQ Executive Director’s decision to issue the permit, or to appeal directly to district court. The appealing party, as part of either process, must explain why the TCEQ’s approval should be reversed. The deadline to file a MTO is 23 days after the date TCEQ mails notice of the signed permit. The commissioners can grant the MTO, deny the MTO, or take no action. If the commissioners take no action on a MTO before the expiration of 45 days after the mailing of the signed permit (though this deadline can be extended), then the MTO is denied. A person can also appeal to Travis County District Court. The deadline to appeal to District Court is either 30 days from the date the MTO was denied (if an MTO was filed) or 30 days from the date the permit was signed (if an MTO was not filed). The permit becomes final and unappealable after all these possibilities have played out, which can be as early as 30 days after the permit is mailed, if no MTO and no appeal to district court is filed. Staff contact: Brian Boerner, Solid Waste and Recycling E. ERCOT: Roadmap to Improving Grid Reliability – On July 13, ERCOT delivered the “Roadmap to Improving Grid Reliability” to Governor Greg Abbott, members of the Texas Legislature and the Public Utility Commission. The attached Roadmap is a comprehensive plan that addresses operational improvements to the Texas power grid, including important legislative changes, objectives outlined in the Governor’s letter issued July 6 and other reforms. The 60-item Roadmap is available on ERCOT.com and will be updated regularly through the end of the year. Staff contact: Tony Puente, DME F. Water Works Park’s Special Events – Water Works Park presented “Onward” at the Dive in Movie on Friday, July 9, from 8 p.m. to midnight. There were 313 attendees. Staff sold popcorn, and special event themed food. Water Works Park also hosted National French Fry Day on Tuesday, July 13. Patrons were able to purchase french fries with special toppings and seasonings. Water Works Park has identified additional national days to celebrate, such as national ice cream day on Sunday, July 18, and will continue to plan promotional specials to offer to patrons. Staff contact: Monica Martin, Parks and Recreation 3 G. Barriers Fund Closed for Denton Residents – The annual $40,000 allocation to the Barriers Fund from the City of Denton has been fully expended. The Denton County Homelessness Barriers Fund is now only open for City of Lewisville residents, Denton County Veterans and Atmos customers seeking assistance with Atmos bills. The United Way of Denton County also operates a COVID-19 Barriers Fund with grant funding from the Texas Homeless Network to address barriers to housing. The COVID-19 Barriers Fund has funding available to serve all Denton County residents and requests must prevent, prepare or response to coronavirus. As an example, administrative fees charged by landlords or property management companies for someone moving from homeless to housed would be eligible under the COVID-19 Barriers Fund because moving into housing lowers their risk of contracting coronavirus. The annual Barriers Fund allocation of $40,000 has been included in the budget submitted by Community Services for the 2021-2022 budget year beginning October 1. Donations can be made to the Denton County Homelessness Barriers Fund (linked). The graphic below illustrates the outcomes of the barriers fund since its inception in 2018. Staff Contact: Courtney Cross, Community Services H. Media Corrections Requested – Staff would like to make Council aware of corrections requested in two Denton Record Chronicle articles that were published this week. Because Council may receive questions regarding the inaccurate information, staff included the correct information and the date of the correction below: • Bonnie Brae Construction (published Monday, July 12) – In the article, it was stated that the Bonnie Brae Street construction project accounts for $62 million of the 2014 bond program. Only $15.6 million of the 2014 bond program is allocated for the Bonnie Brae project. The $62 million figure is the total amount for all streets within that bond program. A correction was requested on July 13 and completed on July 14. • TWU Area Construction (published Monday, July 12) – In the article, a staff member was incorrectly quoted as saying that any closure of Bell Avenue would require taking away emergency services. Capital Projects staff have been working closely with Police and Fire to ensure that any potential closure of Bell Ave. does not inhibit emergency services. A correction was requested the same day as the article was published and, as of this report, no correction has been made. Staff contact: Ryan Adams, Customer Service and Public Affairs 4 I. Residential Cart Tagging Program- As a follow-up to July 2, Informal Staff Report regarding Recycling Contamination, the City of Denton, Solid Waste and Recyclin g Department (SWR) increased its cart tagging program over the past two weeks. With the recent onboarding of two Solid Waste and Recycling Interns, supporting the efforts of SWR Collection’s Route drivers, we have begun to focus cart tagging within our most contaminated recycling routes. Since July 6, SWR has visited and audited the carts of 667 Denton residents. Of the 667 inspected, 224 carts (34%) were labeled contaminated (as evidenced by the presence of 15% or more contamination). Each contaminated cart is left with a tag to instruct the resident to remove the contaminated items and their cart will be collected next week. Each container is inspected for cracks, broken lids, and wheels all repairs needed are reported to SWR personnel to be abated. When a Cart Tag is left, educational material is provided for owner use. One of the benefits of the interns helping with the cart tagging is the ability to speak directly to the residents and work with them to clean the offending material from the cart in real-time. Another result of the recent audits shows that many residents are doing an outstanding job at recycling right (programmatic material that is empty, clean, dry, and loose) and some need a refresher. One of the upcoming improvements will involve a three a tag approach to further educate and recognize those partners that are making the effort to use the program correctly; a Blue tag will identify the Recycling Star, an Orange tag /Oops Tag is a friendly reminder of commonly mistaken items in the cart, and Yellow Tag – contamination has been identified and needs to be cleaned for your cart to be collected. The purpose of the program is to educate and reduce contamination in our recycling diversion. In week two of the program, program interns revisited the 224 carts that were tagged the immediate week prior. Improvement was seen in 165 carts (74%) previously offending carts. 59 carts were re-tagged as contaminated. In future weeks, we will work more closely with these identified customers to improve the quality of their recyclables set for collection. We anticipate hitting one-third of Denton homes during the terms of SWR interns. Staff contact: Brandi Neal, Solid Waste and Recycling 5 III. Responses to Council Member Requests for Information A. Active Construction Contract Performance – On June 25, Mayor Pro Tem Meltzer requested information on the performance of active construction projects managed by the Capital Projects/Engineering Department. The attached table outlines the active construction contracts that are managed by the Capital Projects/Engineering Department that have not yet reached final project closeout. The table provides the date the notice to proceed (which formally authorizes the contractor to begin construction) was issued, the number of construction days in the contract, and categorizes the project as being ahead of schedule/on schedule/behind schedule. The projected completion date for each active construction project is listed as quarters instead of specific dates because weather delays and other unforeseen circumstances can impact the project schedule but do not necessarily reflect on the performance of the contractor. The schedule category listing a project as ahead of schedule/on schedule/behind schedule is based on the assigned project manager’s estimated project completion date compared to the notice to proceed date and number of construction days specified in the contract. Some of the projects listed in the attached table were 6 recently completed but have a few procedural items that need to be addressed such as a pending claim or final project punch list items prior to being categorized as no longer an active construction project. Bonnie Brae Phase 1 is the only project listed in the attached table that is categorized as being behind schedule. This project reached substantial completion in January 2021, and was behind schedule due to franchise utility relocations, delays in the processing of change orders that resulted in the contractor demobilizing and then having to remobilize at the construction site, required rework on the bridge railing, and work stoppages due to construction crews having COVID-19. Currently, the only remaining component for the Bonnie Brae Phase 1 Project is the finalization of the streetlight installation on the new bridge. Through the implementation of alternative project solicitation and delivery methods such as Competitive Sealed Proposals and Construction Manager at Risk, staff is working to improve the quality of contractors selected to perform construction on major infrastructure projects in Denton. Staff contact: Rachel Wood, Capital Projects B. Asbestos Removal Requirements – Mayor Pro Tem Meltzer and Council Member Davis forwarded staff information about asbestos removal at a property on W. Hickory St. that was posted online by a resident and requested additional information about this issue and generally about asbestos removal requirements. Staff had a call with the resident, Mr. Hammond, on Tuesday, July 13. During the discussion Mr. Hammond asked a series of questions related to the permitting process and wanted to gain a better understanding of why the City of Denton allowed demolition of several single family residential properties. Mr. Hammond requested some additional information related to the zoning map update and transition of the zoning district allowing for the multifamily, the previous zoning was DR-2 updated to MN, however, multifamily was allowed prior to the update. Additionally, he requested some additional information regarding notifications and transitions when the zoning maps were updated. Staff discussed the site application information; specifically, questions concerning his request for “site plans” and how the site plan and zoning compliance plan are similar, and a request for information my not include the zoning compliance plan if not specifically requested. Staff provided Mr. Hammond with copies of those documents and plans, rather than requiring a formal request for the information. Copies of those are attached. Currently, in accordance with State/Federal Law the City of Denton does not require asbestos surveys for demolition or remodels of single-family residences. Federal law and State law under TAC Subchapter 295.34 only require municipalities to review asbestos surveys for public or commercial buildings and specifies the building owner is the party primarily responsible for asbestos compliance. The EPA excluded residential buildings from asbestos survey/abatement requirements based on a National Academy of Sciences Report which stated that single-family residential structures contain only small amounts of asbestos-containing materials. Since the development of the federal rules the EPA provided an opinion: “EPA believes that the residential buildings exemption does not apply where multiple (more than one) small residential buildings on the same site are demolished or renovated by the same owner or operator…” Staff discussed with Mr. Hammond that City staff is aware of the EPA opinion. Staff is monitoring demolition applications to ensure if these conditions exist, staff will 7 ensure an asbestos survey is provided. The EPA/State rules and regulations are complex and can be quite confusing. Staff also discussed with Mr. Hammond that staff has been reminded of the EPA opinion and that it is the owners responsibility to comply with the Federal Regulations. The City will be requesting asbestos surveys when multiple residential buildings, owned by the same owner are being demolished prior to issuance of a demolition permit. Note for City Council: Mr. Hammond has pre-registered to speak about this item during the “Presentations from Members of the Public” section on the July 20 City Council meeting agenda. Staff contact: Scott McDonald, Development Services D. History of Deerwood Addition and ESAs Regulations – On July 8, Council Member Armintor requested information about the history of Environmentally Sensitive Areas (ESA) for the Deerwood addition. Deerwood Phase 1 was platted prior to the adoption of the 2002 Denton Development Code (DDC), and thus the environmentally sensitive areas (ESAs) protection requirements did not apply to this propert y and the developer was not required to protect any portion of the forest under the ESA regulations. Because residential development not subject to preservation of ESAs typically disturbs or completely removes the understory and ecological context of these forested areas (leaving just the trees), the designation as Cross Timbers Upland Habitat is typically no longer applicable to any remnants of trees after development is completed. Below is a timeline of the ESAs regulations since its inception until the adoption of the 2019 DDC. Staff has included important events pertaining Deerwood Subdivision to better understand why the Deerwood development was permitted to remove the Cross Timbers Upland Habitat. • Early 1994: A final plat was filed for Phase 1 of the Deerwood development. Phase 1 included the lots on Deerfield Drive. This gave the property owner vested rights to develop the property under the set of regulations at the time of the platting. • February 1, 2000: The City of Denton adopted interim regulations (attached) that included a broad definition of Environmentally Sensitive Areas and the adoption of a map developed in 1999 that depicted the approximate location of Environmentally Sensitive Areas. The definition did not specify the four types of ESAs as currently exist, nor the definition made references to Cross Timber upland habitat. The interim regulation made the first references to the ESA map created in 1999. • 2001: Historical aerial photography shows that Phase 1 of Deerwood had been completed by 2001. • February 20, 2002: The Denton Development Code was adopted. The ESA code language was refined between the 2000 interim regulation and the 2002 DDC to include definitions of the four types of ESAs (including references for the first time about Cross Timber habitat and the 10-acre minimum threshold), preservation requirements, list of permitted and prohibited uses, described procedures for field verification of ESAs and for Alternative ESAs (attached). • February 15, 2016: Staff analyzed the ESA map and determined certain ESAs that had originally been identified no longer existed as shown for various 8 reasons, including situations similar to the Deerwood development where grandfathered land clearings occurred sometime after the 1999 map had been created but before protection requirements were adopted. Because development typically disturbs or completely removes the understory and ecological context of these forested areas, the designation as Cross Timbers Upland Habitat are no longer applicable after the l development is completed. The analysis also included some isolated tree stands of less than 10 acres in size and thus would not meet the 10-acre minimum threshold. The map update was made in compliance with Sec. 35.17.5 of the 2002 DDC. • April 3, 2018: Amendments to the DDC were adopted to update the ESA regulations (attached). Definition for Cross Timber Upland habitat was reworded for improving clarity; however, no changes were made to the minimum upland habitat threshold of 10 acres. • April 23, 2019: The new DDC was adopted (implementation date was October 1, 2019). It incorporated the changes made to the ESA regulations adopted in 2018. Staff contact: Deborah Viera, Environmental Services C. Ryan Road Future Plans – On July 9, a resident contacted Council Member Maguire inquiring about future plans for traffic calming and pedestrian safety measures at several Ryan Road intersections. The Ryan Road Widening Project is in the early stages of development and design. The project includes 2019 Bond funding and will widen approximately two miles of Ryan Road from Teasley Lane (FM 2181) to Country Club Road (FM 1830). The project is currently in the preliminary design phases, with 30% design scheduled to be complete during Q3 of calendar year 2021. Preliminary plans for Ryan Road anticipate a sidewalk on the south side of Ryan Road and street lighting. At this stage of design, traffic calming devices have not been determined. As project design progresses, staff will explore necessary traffic calming measures to enhance safety along the roadway. The current project plan calls for the Ryan Road Widening Project design to be brought up to the 30% milestone in Q3 of calendar year 2021. Design and further progress on this project will then be temporarily put on hold until Q3 of calendar year 2023 to ensure Ryan Road and the Hickory Creek Road Phase 3 Project (two important roadway construction projects that connect FM 2181 to FM 1830) are not closed at the same time due to construction. Staff plans to deliver the Ryan Road Widening Project using the Construction Manager at Risk (CMAR) delivery method. Under CMAR, the selection of a design contractor to bring the project to 100% design and the selection of a construction manager will occur at the same time so the construction manager can provide input on the constructability of the design as it is finalized. Staff plans to select the construction manager and design firm by Q3 of calendar year 2023 with the design scheduled to be complete by Q1 of calendar year 2024. Construction is currently projected to be complete by Q3 of calendar year 2025. Staff contact: Kyle Pedigo, Capital Projects J. Teasley and Bent Oaks Construction – On July 10, a resident contacted Mayor Pro Tem Meltzer regarding sight-lines and other traffic safety concerns on Teasley Lane near Bent Oaks. The resident also asked about the potential reopening of the traffic bypass that residents were previously able to use behind Fire Station 6. Construction 9 on Teasley Lane (FM 2181) is a Texas Department of Transportation (TxDOT) project. TxDOT’s project managers have been made aware of the issues with contractors blocking the sight-lines at the intersection of Bent Oaks and FM 2181. According to TxDOT, the vehicles pictured below belonged to an independent contractor hired by Frontier Communications to address a damaged to fiber line at the Teasley/Bent Oaks intersection. The contractor was advised not to park equipment in that area before work began. The contractor moved their vehicles once a TxDOT inspector noticed they had obstructed the sight-lines. TxDOT is monitoring this situation and will continue to ensure that any vehicles obstructing the intersection will be promptly moved. Bypassing the Bent Oaks intersection with the alley behind Fire Station 6 was temporarily allowed in summer 2020 due to unanticipated excavation required to address utility work. The alley was not built to maintain regular through traffic for an extended period. During the period the bypass was opened to traffic, it presented a safety hazard for Fire operations and motorists as the Fire Department uses that drive to park and work on vehicles. Staff contact: Kyle Pedigo, Capital Projects D. Construction Vehicle Traffic Through Neighborhood – On July 12, Mayor Hudspeth forwarded a resident’s concerns about construction vehicle traffic, including large 18- wheelers, using Monte Carlo Rd. as a cut-through to access a development off of Teasley Ln. Public Works Inspection spoke with the developer on the following day to have them reinstall check dams along that street, which will block access to the development from Monte Carlo, and reinforce the issue of not using the street as access to their contractors. Staff visited the site on July 16, and confirmed the rock check dam and fencing has been re-established and the dead end of Monte Carlo. The Public Works Inspection and Building Inspections teams will continue to monitor the situation and address any additional concerns that are raised. Staff contact: Rebecca Diviney, Capital Projects and Engineering E. Environmentally Sensitive Areas – On July 13, Council Member Beck requested information about Environmentally Sensitive Areas (ESA), including a comparison of ESAs from 2002 to 2021. In addition to the information below, the Council Member submitted questions that would require significant staff time, and staff will work with Council Member Beck to schedule a one-minute pitch for the item if desired. 2002 Upland Habitat ESA Map: The attached 2002 ESA map designated approximately 2,287 acres as upland habitats. The 2002 map reflects the information contained in the first ESA map created in 1999 and formally adopted in 2000 under 10 the interim regulations. The 1999 map was created using the best digital data from various sources available at the time; however, it lacked field-verified information. The 1999 ESA map depicted areas of significant tree canopy disregarding of acreage. These areas were then designated as upland habitats with the adoption of the 2002 Denton Development Code (DDC). The 2002 definition of upland habitat established a minimum area of ten acres of Cross Timbers forest. Therefore, under the 2002 definition many areas shown on the ESA map as upland habitat did not meet the minimum area criterion. Also important to consider is that many development applications that were submitted before the 2000 interim regulations, and implemented afterwards, were grandfathered and allowed to clear all ESAs. This situation created a time lag between what was shown on the map and what was on the ground. These factors caused the 2002 baseline acreage of upland habitat to be inaccurate. 2021 Cross Timbers Upland Habitat Map: The 2021 map currently shows approximately 1,701 acres of Cross Timbers habitat within city limits. The reduction in Cross Timbers habitat ESA acreage is the result of various factors. As development has taken place staff has been able to field-verify some of information. Field verification is generally conducted during the review of development applications and the ESA map has been updated to reflect the findings of field assessments. Also, the 2021 map reflects the 2015 map update when areas incorrectly shown as upland habitats in the 2002 map were corrected. And finally, the reduction of the habitat due to partial clearings allowed by current regulations (residential development requires 50% preservation, non-residential development requires 30% preservation). Moving Forward: Staff is currently working on various data and spatial analysis involving the ESA map for capturing additional information that might be pertinent for the map end-users (staff, developers, consultants, etc.) and policy makers. Staff would be available to bring this information forward on a future date if that is the Council’s direction. Staff contact: Deborah Viera, Environmental Services F. Redistricting Update – On July 13, Mayor Pro Tem Meltzer requested information about the timing and requirements of redrawing City Council Districts. The Charter addresses the redrawing of Council districts in Sections 2.01 and 2.08, and states that “…districts shall be created so that each will contain, as nearly as possible, a population equivalent to the others, according to the latest available census data.” [Sec. 2.01(d)] The current districts, which were drawn in 2011 and have been updated as new property is annexed into the City, will need to be updated after the 2020 Census data is published. We anticipate this data to be available by the end of September for the local-level. Once that data is available, staff will schedule a work session to begin this process and recommends having outside counsel/consultants advise and lead the discussion on this process. Outside counsel was previously utilized during the 2011 redistricting. Staff contacts: Catherine Clifton, City Attorney’s Office and Ryan Adams, Customer Service and Public Affairs 11 IV. Upcoming Community Events and Meetings A. None V. Attachments A. Economic Development – 3rd Quarter Report ............................................................13 B. Deerwood Attachments ..............................................................................................23 C. Landfill Permit Expansion Letter ...............................................................................63 D. ERCOT Grid Reliability Attachments .......................................................................64 E. Active Construction Contracts ...................................................................................77 F. Asbestos Removal Attachments .................................................................................78 G. ESA Maps ...................................................................................................................91 VI. Informal Staff Reports A. 2021-050 Denton Delegation Voting Record on City-related Bills ...........................92 B. Q3 Sponsorships & Donations Accepted ....................................96 VII. Council Information A. Council Requests for Information .............................................................................99 B. Council Calendar .....................................................................................................101 C. Draft Agenda for July 27 ..........................................................................................104 D. Future Work Session Items .....................................................................................110 E. Street Construction Report ......................................................................................113 12 DENTON ECONOMIC DEVELOPMENT PARTNERSHIP FY 2020-2021 3rd Quarter Report April -May -June 13 EconStat 20-21: Q3 Page 2 Denton’s Top 5 Industries by Jobs 1. Government 2. Health Care & Social Assistance 3. Manufacturing 4. Accommodation & Food Service 5. Retail Trade Denton’s Fastest Growing Industries 1. Transportation & Warehousing 2. Arts, Entertainment & Recreation 3. Government 4. Management of Companies & Enterprises 5. Information Demographics Population: 141,522 Median Age: 29.5 Median Household Income: $66,644 Bachelor’s Degree or Higher: 42.7% We’re Here For All Businesses! The Denton Economic Development Partnership can assist your business with: Site search & selection Expansion or relocation Workforce and training programs Labor market analyses Demographic research Incentive applications City processes or operations Business networking Investment opportunities Denton EDP City of Denton Econ. Dev.*Does not include multifamily or additions and alterations.*Does not include tax-exempt facilities or additions and alterations. 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% 14.00% 16.00%Jan '19Jan '20Feb '20Mar '20Apr '20May '20June '20July '20Aug '20Sep '20Oct '20Nov '20Dec '20Jan '21Feb '21Mar '21Apr '21May '21Unemployment Rate Denton Texas USA 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 0 50 100 150 200 Oct Nov Dec Jan Feb Mar Apr May Jun New Residential Permits & Value FY20 Total Permits FY21 Total Permits FY20 Value FY21 Value 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 0 1 2 3 4 5 6 7 8 Oct Nov Dec Jan Feb Mar Apr May Jun New Commercial Permits & Value FY20 Total Permits FY21 Total Permits FY20 Value FY21 Value $0 $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 Sales Tax Collections 2019 2020 2021 14 Business Attraction 20-21: Q3 Page 3 Site Visits Hosted RFIs Submitted 5 17 Q3 PROSPECTS IN PROGRESS Project Industry Investment Jobs Status Source Arc Supply Metal Fabricating $35M 140 Short List GO Blue Nose Armored Vehicle Manufacturing $5M 100 Short List GO Bropak Plastics and Paper Food Packaging $10M 43 Incentive Analysis Direct Carmen SandiTejas Munitions and Rifle Manufacturing $20M 119 Submitted RFI GO Chill Cold Storage Speculative Refrigerated Facility NP NP Short List Direct Cold Creek Solutions Cold Storage NP 180 Short List Direct Darwin Automotive Manufacturing $3.5B 5,200 Submitted RFI GO DynaGrid Construction Support Services $7.5M 82 Closed-Won Direct Green Ranch Food Manufacturing and Storage NP 500 Submitted RFI Direct Hotel Transportation Equipment Manufacturing $223M 1,200 Submitted RFI Direct Innoverse Natural Gas Flaring NP NP Prospect Due Diligence Direct Jellyfish Sun Manufacturing and Warehousing $2M 90 Submitted RFI GO Life Crown Vaccine Production $83M 550 Submitted RFI GO Made in America Electric Vehicle Software Manufacturing $20M 110 Submitted RFI GO Modular Data Center Data Center NP NP Prospect Due Diligence Direct Otro Auto Electric Vehicle Battery Manufacturing $2B 2,000 Submitted RFI GO Perfect Game Sports Complex $35M 20 RFI Received/Evaluating Direct Pike Liquid Bottling and Distribution $375M 140 Prospect Due Diligence Direct Primoris Engineering Construction and Civil Engineering NP NP Short List Direct Project S Aerospace Technology Manufacturing NP NP Incentive Analysis Direct Schmidt Retail Distribution NP NP Prospect Due Diligence Direct SCS 615 PPE Manufacturing $405M 1,256 Working on RFI Response GO South Food Manufacturing NP NP Submitted RFI GO Steady Rain Consumer Goods Manufacturing NP 1,000 Submitted RFI DRC Tana Gaming Hardware Manufacturing $250K 30 Submitted RFI GO Tate Distribution Center NP 256 Prospect Due Diligence County UHT-BM Ultra-High Temperature Manufacturing $50M 40 On-Hold GO Value Holdings Data Center NP NP Submitted RFI Direct Ven Afuera Lithium-Ion Battery Manufacturing Recycling $7M 40 Submitted RFI GO 7 Requests for Incentive Reviews In the News Cold Storage Facility could bring hundreds of jobs to Denton area (Denton Record Chronicle) Cold Creek Solutions to build 375k s.f.speculative cold storage facility at I-35 and Barthold Road. Fifty percent of space leased by Southwest Warehouse Services. G=Governor’s Office, D=Dallas Regional Chamber, F=Fort Worth Chamber, DI=Direct, O=OtherThis Quarter Site Visits Hosted RFIs Submitted 8 58 18 Requests for Incentive Reviews Year to Date 15 Business Retention & Expansion 20-21: Q3 Page 4 Retention Visits Q39 17YTD Visits Any business can request a BRE visit by contacting us at economic.development@cityofdenton.com. 2021 Visit Goals ▪10-15 Startups (1-4 employees) ▪10-15 Small Biz (5-10 employees) ▪10-15 Medium Biz (11-50 employees) ▪10 Large Biz (50+ employees) ▪Additional visits to focus on sectors significantly impacted by COVID-19 37 Business Contacts in Winter Storm Uri 3 YTD Expansion Grant Discussions Key Takeaways From Q3 BRE Visits ▪Most businesses reported a positive business climate,even with the ongoing COVID-19 pandemic. ▪Some major employers reported a slow hiring pace which they felt was due to unemployment benefits. ▪One small businesses noted plans to expand business and looking at adding more locations in different communities. AccelerateHER Applications Open Did you know? Four of every 10 U.S. businesses are owned by women, and they generate $3.1 trillion in revenue (Guidant Financial). TWU Center for Women Entrepreneurs Entrepreneurship was identified as a key focus area in the Economic Development Strategic Plan,and women entrepreneurs in Denton have a great resource in TWU’s Center for Women Entrepreneurs.The Center serves as a great partner in our efforts to increase the resources and actions being taken to support business startup, growth,and development by providing tools to help women-owned businesses succeed.Through the Center,women-owned businesses have access to business advising,grants and funding,networking,and training. Whether you are a current business owner looking to grow your business or are considering starting a business,take time to explore the many ways the Center for Women Entrepreneurs can assist you in achieving success. Learn more:https://twu.edu/center -women-entrepreneurs/ The Center for Women Entrepreneurs and Stoke are once again partnering for AccelerateHER,an incubator program for women- owned startups.The program helps early-stage companies develop and test ideas,with a hands-on focus by the program manager, mentors,and partner networks.Applications for the second cohort are OPEN NOW and DUE Aug.13 by 5 p.m. Apply here:https://stokedenton.com/accelerateher-incubator-program 16 Workforce, Education & Training 20-21: Q3 Page 5 Denton Community Job Fair Interested in participating in the Denton Community Job Fair? Visit www.dentonjobfair.com. FY 2020-2021 Goals Identify negative impacts and challenges to local small/large businesses, employees, and job seekers due to COVID-19. Connect employees and employers with local, state, and federal resources. Work with local partners to promote training and education opportunities. Use digital resources to assist job seekers and employers connect. Upcoming Events Denton County Works In June,United Way of Denton County launched the new Denton County Works program.This new resource is designed to bridge the gap between job seekers and employers.According to the website,“Denton County Works acts as a resource for job seekers with local job listings within Denton County and the metroplex,plus useful tips for resume writing and interviewing.”On the website,you will find information and additional guidance on such topics as how to dress for interviews,honing computer skills,getting a GED,and finding job fairs,transportation,and childcare. The City of Denton, in partnership with Workforce Solutions of North Central Texas, NCTC, United Way of Denton County, Denton ISD and the Denton Chamber of Commerce, will host the Denton Community Job Fair on Thursday, Sept. 14, 10 a.m. to 2 p.m., at the Denton Civic Center. Registration for employers will open July 7 and promotion to the public will begin on August 4. Several of Denton’s top employers will be there and will feature a variety of basic, entry-level, student, seasonal, part-time & full- time, internship, and career positions. This year’s event will also include professional development workshops on topics such as resume writing, how to effectively use LinkedIn, how to prepare an “elevator pitch,” how to dress for success, and more. Additionally, students from DISD’s photography program will be in attendance to provide free headshots for job seekers. North Texas SBDC •July 14: How to be a Good Teammate and a Good Person •July 21: The Key to Success –Improving Relationships with People, All People •View future and past virtual workshops HERE. Denton Chamber of Commerce •July 21: HerStories –Tales of Resiliency •View additional events HERE. Stoke Denton •July 13: Coffee + Convo (Patrick Peters) •July 27: Coffee + Convo (Randi Skinner) •Aug. 3: Coffee + Convo (Ndaba Mdhlongwa) •View additional events HERE. Fort Worth SCORE •July 27: Hiring Employees in a Competitive Job Market •Aug. 3: Making the Leap to Entrepreneurship –Is the Right Time Now? •Sept. 16: NEXT Women’s Business Forum •View additional events HERE. Other Events & Trainings •View online SBA webinars and events HERE. •View TWU Center for Women Entrepreneurs events HERE. The website also includes links to job postings,sorted into major industry areas to help jobseekers find what they are looking for. If you’re looking for a job, or know someone who is, make sure they check out this great resource! www.unitedwaydenton.org/dentoncountyworks 17 Key Activities 20-21: Q3 Page 6 Business Assistance Boards & Committees Board YTD Items Presented City Council 30 EDPB 28 DEDC 8 TIRZ No. 1 18 TIRZ No. 2 3 Total 87 8 Community Presentations 15 Media Requests 31 Trainings Attended 9 Networking Events Strategic Plan Update City Council Priorities 70 Q3 Requests The Denton City Council held their annual retreat on Feb. 12 and adopted their 2021 priorities on Feb. 23., with implementation of the Economic Development Strategic Plan at the top of the list. These priorities, in addition to being a key part of staff’s work plan, are also being integrated as priorities in the City’s upcoming FY 21-22 budget development process. You can track progress of the City Council priorities at www.cityofdenton.com/councilpriorities. 0 50 100 150 200 250 FY20 Q1 FY20 Q2 FY20 Q3 FY20 Q4 FY21 Q1 FY21 Q2 FY21 Q3 Resolved Requests YTD Requests 153 Economic Development Catalyst Fund DynaGrid Construction Group Economic Development and Finance staff have been working to develop funding options to create and fund the Catalyst Fund proposed in the Economic Development Strategic Plan.Staff provided an update to City Council on June 7 with an additional update planned for July 20. DynaGrid Construction Group,LLC,an industry leader in civil contracting services to renewable and conventional energy markets,submitted an economic development incentive application in late 2020.DynaGrid proposed to move their corporate headquarters to Denton by investing $6 million in a new facility,relocating 191 jobs,and adding 82 new jobs.As a targeted sector (renewable energy),a business with high wages (avg.above $75,000 annually),and significant projected net benefits,this project was a great fit for Denton. After conducting a thorough analysis and working with the applicant,staff made a recommendation for a stratified,performance,job-based grant as well as nominating DynaGrid to the Texas Enterprise Zone (TEZ) program.After receiving a favorable recommendation by EDPB in May,City Council approved the incentive agreement and TEZ nomination on June 15. Congratulations to Business Development Administrator Kay Brown-Patrick for completing the National Forum for Black Public Administrators Mentor Program and to Erica Sullivan on her promotion to Economic Development Program Administrator! Kay and Erica provide great leadership to the team through their commitment to economic development in Denton and exemplify the City’s core values. 18 Partnerships 20-21: Q3 Page 7 Stoke Denton Denton Chamber of Commerce Denton Main Street Association A New Partnership The end of June marked the end of the management agreement between Hickory & Rail Ventures (HRV) and the City of Denton for Stoke Denton. However, HRV and the City are starting a new era in their partnership. Starting July 1, 2021, HRV will assume full control of Stoke Denton, including taking over the lease of the existing co-working space at the Railyard. To continue working together, the City and HRV established a partnership agreement through which Stoke Denton will continue to provide support and programs to support entrepreneurship, small businesses, and emerging tech-related businesses. We’re excited to start this new chapter! Under Construction Based on the increasing demand for office space, Stoke is adding 11 new private offices and an awning on the west side of the building. This will help leverage the Stoke space to better serve members. FlintConf Stoke hosted the 3rd annual FlintConf from April 29 to May 1. This 3-day virtual conference connected Denton’s entrepreneurs, creatives, freelancers, side hustlers, and students and provided them with tools and resources to start and grow their business. The 50 attendees had access to interactive sessions with accomplished entrepreneurs and experts in lean startup, marketing, branding, finance, wellness, and more. Learn more about Stoke at https://stokedenton.com/. The past quarter has been a busy one for the DSMA.The Board held monthly meetings,which included presentations about Industrial Street Park and the Denton Plan 2040.Planning is under way for the 2021 Arts &Autos Extravaganza,scheduled for Sept.11,2021.DMSA also hosted the Spring 2021 Twilight Tunes season,with 500 attendees enjoying various bands on the Courthouse lawn weekly.The annual Spring Open House Weekend was held April 10-11,with more than 20 restaurants and stores participating and promoting shopping local.The Mimosa Hop was held in June to raise funds for the Arts Walk of Fame,with more than 350 attendees sipping and strolling through Downtown Denton.Speaking of the Arts Walk of Fame,Julie Glover,a Denton Original Musician,was inducted to the Walk of Fame on June 21,as part of the Make Music Day events (an event that Julie initiated in Denton).Make Music Day also included a special Monday night City/DMSA Twilight Tunes event.On June 29,DMSA held its first in-person mixer since the COVID pandemic began,with more than 75 attendees getting a sneak peek at Downtown Denton’s newest restaurant,H2Oak.DMSA also awarded the first Downtown Beautiful Business Award to the Law Offices of David S.Bouscher,II PC.Last,but definitely not least,Denton received notice that we are once again a Nationally Accredited Main Street City through the Main Street America City. Learn about upcoming events and happenings in Downtown Denton at https://dentonmainstreet.org/. It has been a busy quarter for the Denton Chamber of Commerce!The Chamber welcomed 60 new members in three months,and participated in 10 ribbon cutting Ceremonies.On June 2,the Chamber hosted the Elected Officials Reception to bring together over 100 Chamber and Denton Black Chamber of Commerce members to mix and mingle with Representative Lynn Stucky,Senator Drew Springer, Judge Andy Eads,City Council members,Denton ISD School Board members,and many other newly-elected officials.The Chamber also hosted Small Business Week events in June,including a mayoral proclamation from Mayor Gerard Hudspeth,ribbon cuttings for three Chamber Members without storefronts,a mixer,Shop Small Wednesday,and the Small Business Awards Luncheon,where the Chamber, and 250 attendees,honored local businesses for their tremendous impact on the Denton community.The Chamber also partnered with Denton ISD to bring attention to legislative issues impacting schools in Texas.In partnership with Raise Your Hand Texas,the Chamber created a social media campaign to bring awareness to local businesses.And finally,the search for a new Chamber President concluded with the hiring of chamber veteran,Erin Carter,IOM,who joins the Chamber officially in July. Learn more about the Denton Chamber and view upcoming events at www.denton-chamber.org. Photo courtesy of DMSA. 19 Culture & Tourism 20-21: Q3 Page 8 Television and Film Denton was named a Certified Film Friendly Texas Community in 2018.Since then, Denton has seen numerous movies,documentaries,and television shows filmed around town. A goal of the Economic Development department is to increase our efforts in promoting Denton as a great filming location to independent filmmakers,studios,and location scouts. A film permit is required to film in Denton,but getting the permit is easy!An online permit form is available on both the City and the Original Denton District websites. Learn more at www.originaldentondistrict.com/film-friendly. Quarterly Discover Denton Stats Attendees at Denton Convention Center Events 33,632 Hotel Occupancy 73% Hotel Revenues $14.7M Unique Visitors to Denton 256,088 Film Permits in Q35 Music Denton hosted Make Music Day on June 21.Economic Development,Parks &Rec, DMSA,and GDAC coordinated the daylong celebration with 10 events,including an African drum circle,performance by the Senior Center choir,flower pot drums, musical story time,a Pre-K summer camp PBuzz performance,and a special Twilight Tunes concert.The rain might have moved some of the events indoors,but more than 500 people participated in events that day. Staff also participated in a music venue virtual forum hosted by GDAC with a panel of Denton music venue owners to discuss the challenges of operating live music venues and possible ideas for improvements. Staff has planned the first Denton Music Round Table on June 21 at 2 p.m.Venue owners,musicians,writers,and producers have been invited to participate. Top States for Visitors Texas Oklahoma Louisiana Arkansas Florida Discover Denton Discover Denton was the primary sponsor of the No.44 Chevrolet Camaro driven by Tommy Joe Martins for Martins Motorsports in the NASCAR Xfinity Series Alsco Uniforms 250 race at Texas Motor Speedway on June 12.This event also include a meet and greet with Tommy Joe Martins on the Downtown Square.Read more at:https://www.discoverdenton.com/articles/post/discover- denton-sponsors-tommy-joe-martins/. This past quarter,there were a total of 33,632 attendees at the Denton Convention Center.This includes conventions,meetings and social events from state associations,corporate,education, fraternal/sorority,religious,sports,and social groups.Hotel occupancy hit 73%last quarter.This is a huge accomplishment as the quarter outperformed Q3 2019,which was 71%.Hotel occupancy and revenues outperformed 2019,so hotels are back to pre-pandemic levels. According to See Source,our tourism data intelligence platform,in Q3 we had the following: 256,088 unique visitors with an average length of stay of 2 days.This included 132,619 in-state and 123,548 out-of-state visitors. Learn more and see the events calendar at https://www.discoverdenton.com/. 20 Strategic Plan Implementation 20-21: Q3 Page 9 Accelerate Recovery Foster Growth Strengthen Community Inclusion ▪Continued meetings of Economic Development Work Group. ▪Participated in discussions regarding American Rescue Plan funding. ▪Continued implementation of 2021 BRE program through visits, surveys, and calls with a focus on sectors/businesses significantly impacted by COVID-19. ▪Conducted regular outreach with regional organizations to learn about and promote recovery efforts and opportunities. ▪Served as concierge to assist businesses in connecting with and participating in federal and state programs. ▪Participated in DCWSLT with United Way, including working with the community navigator work group. ▪Coordinated with representatives from underserved and minority communities to encourage inclusive recovery. ▪Began implementation of new BRE plan with renewed focus on increasing touchpoints, business visitation and data collection and evaluation. ▪Key takeaway: Businesses reporting positive business climate in general. ▪Continued build out of new CRM system. ▪Continued development of asset and land inventory to market to prospects. ▪Improved quality of RFIs and tracking performance. ▪Met with several regional and national brokers and developers with interest in Denton. ▪Reviewed future development areas and participated in discussions with Denton Plan 2040. ▪Continued review of Westpark TIRZ performance and development. ▪Initiated creation of development districts manual. ▪Continued to work on entrepreneur support plan. ▪Preparing for 2021 job fair with WSNCT, DISD, NCTC, and other partners with promotions to begin in Q4. ▪Held regular meetings with Denton Black Chamber of Commerce and drafted MOU to outline responsibilities. ▪Working with Procurement to further MWBE purchasing efforts. ▪Discussing entrepreneurship curriculum with DISD. ▪Continued connecting with Denton ISD and NCTC regarding training programs to focus on growing local talent and meeting needs of employers. Looking Ahead The goals over the next quarter include: ▪Continue development of programs and policies to implement Strategic Plan. ▪Initiate development of work plans for key strategies identify for implementation in Year 1 of Strategic Plan. ▪Continue implementation of BRE plan. ▪Continue to track COVID-19 recovery efforts. Implementation Tracking The Economic Development Team has developed a robust implementation and tracking matrix, with tasks broken down by strategic growth area. Each task has been assigned a project manager. The project managers are working through each task to identify stakeholders, develop work plans, and create timelines and checkpoints. 21 Team Denton 20-21: Q3 Page 10 Jessica Rogers Director of Economic Development | City of Denton Office: (940) 349-7531 Email: Jessica.Rogers@cityofdenton.com Cory Lacy VP of Economic Development | Denton EDP Office: (940) 382-7151 Email: Cory@dentonedp.com Kay Brown-Patrick Business Development Administrator| City of Denton Office: (940) 349-7771 Email: Kay.Patrick@cityofdenton.com Erica Sullivan Economic Development Program Administrator| City of Denton Office: (940) 349-7776 Email: Erica.Sullivan@cityofdenton.com Dan Rosenfield Economic Development Analyst| City of Denton Office: (940) 349-7732 Email: Daniel.Rosenfield@cityofdenton.com Christina Davis Economic Development Specialist| City of Denton Office: (940) 349-7730 Email: Christina.Davis@cityofdenton.com Additional Contacts Denton Main Street Association Christine Gossett | Executive Director (940) 349-8529 or christine@dentonmainstreet.org https://dentonmainstreet.org/ Stoke Denton Heather Gregory| Executive Director (940) 349-268-5374 or Heather@stokedenton.com https://stokedenton.com/ Denton Chamber of Commerce (940) 382-9693 https://denton-chamber.org/ Denton Black Chamber of Commerce info@dentonblackchamberonline.org https://www.dentonblackchamberonline.org/ North Texas SBDC (940) 498-6470 http://ntsbdc.org/ Workforce Solutions of North Central Texas (940) 382-6712 https://www.dfwjobs.com/ 22 Subchapter 17 Development Code 17-1 Subchapter 17 – Environmentally Sensitive Areas. Sections: 35.17.1 Purpose. 35.17.2 Application. 35.17.3 Environmentally Sensitive Areas Review. 35.17.4 Environmentally Sensitive Area Classifications. 35.17.5 Official Maps. 35.17.6 Developed Floodplain Development Standards. 35.17.7 Undeveloped Floodplain Development Standards. 35.17.8 Riparian Buffer and Water Related Habitat Development Standards. 35.17.9 Upland Habitat Development Standards. 35.17.10 General Design and Improvement Standards. 35.17.11 Clustering Standards 35.17.12 Alternative Environmentally Sensitive Area Plans. 35.17.1 Purpose. This Subchapter is adopted for the following purposes: A. Manage and protect environmentally sensitive areas within the City as well as detail such areas that have been previously identified in The Denton Plan. B. Protect the natural and ecological resources that are essential elements of the City’s health and community character and which provide irreplaceable plant and wildlife habitat; C. Establish a development framework for the City that is respective of private property rights, while encouraging them to be used responsibly for the benefit of the entire community; D. Preserve and enhance the City’s distinctive community character and quality of life by ensuring that its natural and built environments are consistent with the community vision and values embodied in The Denton Plan. E. Establish regulations that conform to the requirements of the state and federal government regarding air quality, water quality and environmental protection. F. This Subchapter is adopted pursuant to authority vested under the City’s charter, and Tex. Loc. Gov’t Code, Chapters 211, 212, and 401. 35.17.2 Application. A. The standards of this Subchapter shall apply to all land and all development within the within the corporate limits of the City, except as otherwise specifically provided for in this Subchapter. B. The floodplain standards of this Subchapter shall apply to all land and all development within the extraterritorial jurisdiction of the City. C. The type of regulation applicable to the land depends upon the classification in which the land is placed, as provided in this Chapter. If those regulations conflict with other regulations of this Subchapter, the more stringent of the two regulations shall apply. 23 Subchapter 17 Development Code 17-2 35.17.3 Environmentally Sensitive Areas Review. A. Review Required. Environmentally Sensitive Areas Review is required for all development except for the following. Application for an Environmentally Sensitive Area Review can be made in conjunction with a Site Review required under Subchapter 13. 1. Property that does not contain any environmentally sensitive areas as depicted on the City’s Environmentally Sensitive Areas Map. 2. Grading, filling, cutting or other earth-moving activity on any lot involving less than fifty (50) cubic yards; 3. Activities such as ordinary maintenance and landscaping operations, individual home gardens, repairs, and additions or minor modifications of a single-family dwelling, except as required by the Development Code. 4. Development of single-family homes at a density of one home for 2 acres or more shall be permitted and shall be subject to the following restrictions: a. The home shall not be located in the Environmentally Sensitive Areas. b. Clustering is required where more than one home is permitted within a development in order to preserve the greatest extent of the Environmentally Sensitive Areas. c. The dwelling shall be in compliance with all other development regulations. d. Septic tanks, septic tank drain fields, and other forms of on-site wastewater treatment shall not be built within the Environmentally Sensitive Areas. 5. The applicant can demonstrate to the Director of Planning and Development’s satisfaction that the subject property contains no Environmentally Sensitive Areas. B. Completed Application Required. A completed application for Environmentally Sensitive Areas Review shall contain the following: 1. A plan containing the following information: a. Locations and extent of all Environmentally Sensitive Areas as defined in this Subchapter. Mapping of Environmentally Sensitive Areas shall be based on the Denton Environmentally Sensitive Areas Map and the text of this Subchapter, but may also be supplemented by gathering and reviewing documentation such as: field verification, Section 404 wetland permit delineation, aerial photography, FEMA reports that delineate and identify Environmentally Sensitive Areas. b. A determination, by the U.S. Army Corps of Engineer or a qualified environmental scientist with a delineation certified by the Corps, of the presence or absence of jurisdictional wetlands and waters of the U.S., and an indication of the location of any jurisdictional wetlands. c. Culverting or bridges and associated land disturbances in conformance with the Drainage Criteria Manual. d. Building envelopes for new or redevelopment parcels that include concept plans for the buildable area. 2. Additional plans and studies as required in the applicable sections of this Subchapter. C. Criteria for Approval. The following criteria shall be used for the management and protection of Environmentally Sensitive Areas: 1. Environmentally Sensitive Area Standards. The Director of Planning and Development shall approve the proposed development when the Applicant demonstrates the land development activity is in 24 Subchapter 17 Development Code 17-3 compliance with the requirements of this Subchapter for floodplains, Riparian Buffers, Water Related Habitat, and Upland Habitat and all other federal, state or local laws. The applicant shall meet the following requirements: a. The Environmentally Sensitive Areas have been properly identified and indicated on the required plan. b. The land disturbing activity will not cause damage to Environmentally Sensitive Areas located on property adjacent to the areas of disturbance. c. The land disturbing activity is in compliance with the requirements of this Subchapter and Subchapter 18. d. If jurisdictional wetlands are determined to be present by the U.S. Army Corp of Engineers or a wetland delineator certified by them, a Section 404 Permit or Letter of Permission from the Corps shall be required before approval of the Environmental Review. 2. The specific delineation of the Environmentally Sensitive Area will be determined as part of the review by the Director of Planning and Development based on the best available data. D. Expiration. The Environmentally Sensitive Area Review approved by the Director shall expire one year after the date of approval unless the applicant has made application for a final plat for the development. The Environmentally Sensitive Area review shall expire when final plat approval expires. E. Credit. Any Environmentally Sensitive Area that is protected may be used towards meeting the Landscape and Tree Canopy requirements contained in Subchapter 13, the Parkland Dedication and drainage requirements. 35.17.4 Environmentally Sensitive Area Classifications. The following are used to define the classifications of land areas, their constraints to building and land disturbing activity on them, and that comprise the Environmentally Sensitive Areas Map: A. Developed Floodplain. Any area defined as a floodplain within the FEMA 100-year floodplain. These areas have typically been channelized or the land within these areas has been graded, filled, or otherwise disturbed. B. Undeveloped Floodplain. Areas within the FEMA 100-year floodplain, or other floodplain that is undeveloped and in its natural state. C. Riparian Buffers. Areas identified as 100 feet from the stream centerline for streams draining a basin of greater than one square mile, and 50 feet from any streams that drain areas of one square mile or less. It also includes any areas identified as riparian through any Army Corps of Engineers Section 404 Permit Process. D. Water Related Habitat. Areas designated for wetland, tree and understory preservation and including significant stands of predominately native water related habitat. These areas include wetlands. E. Upland Habitat. Areas, a minimum of ten acres is size, that contain remnants of the eastern Cross Timbers Habitat. 25 Subchapter 17 Development Code 17-4 35.17.5 Official Maps. A. Environmentally Sensitive Areas Map. The official map that identifies areas identified as Environmentally Sensitive Areas. B. Environmentally Sensitive Areas Map Amendments. Substantial amendments of the map shall follow the Zoning Amendment Procedure detailed in Subchapter 3. The map may be updated administratively when specific information for a parcel is available delineating the areas and field verified by the Director of Planning and Development. C. Map Applicability. For any application for an Environmentally Sensitive Areas Review, the delineation of those areas on the site map, as approved by the Director of Planning and Development, shall supercede the Denton Environmentally Sensitive Areas Map in determining what areas are subject to the requirements of this Chapter as applied to a proposed development. D. Text Applicability. The text of this Subchapter, including definitions, describes and regulates the protected areas shown on the City Environmentally Sensitive Areas Map as a reference. E. Field Boundary Delineation. The boundaries of all environmental areas shall be clearly marked in the field for the duration of the land disturbing activities on the property. The boundaries shall be marked as identified in the Site Design Criteria Manual. 35.17.6 Developed Floodplain Development Standards. Development within the Developed Floodplains as identified on the Environmentally Sensitive Areas Map shall comply with Subchapter 35.19 Drainage. Gas well drilling and production within developed floodplains shall comply with Subchapter 35.22 (Gas Well Drilling and Production). 35.17.7 Undeveloped Floodplain Development Standards. The following uses and activities are allowed in the Undeveloped Floodplain and are in addition to the restrictions for development of floodplains contained in this Subchapter. Site disturbance shall be delineated on the completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. The following permitted uses and activities are allowed if in compliance with the Drainage code: 1. The planting of any new trees or vegetation. 2. Restoration or enhancement of floodplains, riparian buffers, water related habitats, upland habitats, wetlands and streams as required by federal and state standards. 3. The placement of public or private utility facilities such as sewer, storm water, water, electricity, gas, or other utilities as long as installation will not have a negative impact on environmentally sensitive areas and when adequately flood proofed. 4. Measures to remove or abate nuisances, or any other violation of federal, state or local law. 5. Parking lots, subject to the limitations on fill and surface material and constructed of pervious materials. 6. Parks, open space, recreational uses, trails, walkways and bike paths. 26 Subchapter 17 Development Code 17-5 7. New storm water pre-treatment facilities. 8. Routine repair and maintenance of existing structures, roadways, driveways, utilities, and accessory uses. 9. Agricultural activity permitted through NWP 40, Agricultural Activities or any other permit as required by FEMA or Section 404 pursuant to the Clean Water Act. 10. Any action taken by federal, state, or local officials in an emergency to mitigate an existing or potential hazard. 11. The construction of a private driveway. 12. Gas well drilling and production shall comply with Subchapter 35.22 Gas Well Drilling and Production. B. Prohibited Uses and Activities. The following prohibited uses and activities are not allowed in undeveloped floodplains: 1. Uncontained and contained areas of hazardous materials. Handling or processing areas for the receiving and storage of hazardous waste. Hazardous waste and solid waste landfills. 2. Land disturbing activity not authorized by a Corp Section 404 Permit or Letter of Permission and by the Director as part of the environmentally sensitive area review. 3. Any new structures or additions, including garages and carports, and storage sheds located within the area mapped as Undeveloped Floodplain. 4. Tree and understory vegetation removal, except as allowed by Subsection 35.22.5.A.8(c). C. Standards for Fill in Undeveloped Floodplains. The following are standards for fill in the undeveloped floodplain: 1. Filling of any floodplain of a stream that drains more than one square mile is prohibited unless the fill on any lot is less than 50 cubic yards or 300 cubic feet per acre, whichever is greater. Up to 15% of the floodplain valley storage may be filled if the stream drains less than one square mile in area pursuant to this Subchapter and federal law. 2. Excavation to balance fill shall be located on the same parcel as the fill unless it is not reasonable or practicable to do so. In such cases, the excavation shall be located in the same drainage basin and as close as possible to the fill site, so long as the proposed excavation and fill will not increase flood impacts for surrounding properties as determined through hydrologic and hydraulic analysis. 3. Fill and other material imported to the lot shall be limited to the following: a. Poured concrete and other materials necessary to build permitted structures on the lot. b. Aggregate base and paving materials. c. Pervious materials as allowed in Subchapter 13, Site Design Standards. d. Plants and other landscaping material. 4. If additional fill is necessary beyond the permitted amounts in (1) above for sites with streams that drain an area greater than one square mile, then fill materials must be obtained from cutting or excavation only to the extent allowed to create an elevated site for permitted land disturbing activity. 5. Adequate drainage shall be provided for the stability of the fill. 6. Fill to raise elevations for a building site shall be located no closer than permitted to the Environmentally Sensitive Areas in order to reduce the impact of that fill on the adjacent areas. 27 Subchapter 17 Development Code 17-6 D. Culverts and Bridges. Culverts or bridges of any waterway or creek identified on the official maps adopted pursuant to this Subchapter must be designed by an engineer. Stream crossings shall be designed to the standards of the Drainage Subchapter, or where no floodway has been identified, to pass a one-hundred (100) year flood without any increase in the upstream flood height elevation. The engineer shall consider in the design the probability that the culvert will be blocked by debris in a severe flood and accommodate expected overflow. Fill for culverts and bridges shall be kept to the minimum allowed, but is exempt from the limitations in section (A) above. 35.17.8 Riparian Buffer and Water Related Habitat Development Standards. The following uses and activities are allowed in the Riparian Buffer and Water Related Habitats and are in addition to the restrictions for development in this Subchapter, Site Disturbance and shall be delineated on the completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. The following uses and activities are allowed in Riparian Buffer and Water Related Habitats and shall be delineated on the completed application for Environmentally Sensitive Areas review: 1. Up to 10% of the area may be disturbed for private yard structures including but not limited to: gardens, yards, trails, and clearings, but which are no closer than 25 feet from the stream bank or riparian buffer. No disturbance is permitted in delineated wetlands. 2. Repair, replacement or improvement of utility facilities where: a. The disturbed portion of the Environmentally Sensitive Area is restored; and, b. Non-native vegetation is removed from the Environmentally Sensitive Area and replaced with vegetation from the City Native Plant List. 3. Additions, alterations, rehabilitation, or replacement of existing structures that do not increase the existing structural footprint in the Riparian Area or Water Related Habitat Area where the disturbed portion of the area is restored using native vegetative cover. 4. Stream, wetland, riparian and upland enhancement or restoration projects; 5. Agricultural activity, including buildings and structures is permitted outside of the environmentally sensitive areas, unless otherwise permitted through NWP 40, Agricultural Activities or any other permit as required by FEMA or Section 404 or as allowed in this Subchapter. 6. Routine repair and maintenance of existing structures, roadways, driveways, utility facilities, accessory uses and other development. 7. Measures to remove or abate nuisances, or any other violation of State statute, administrative rule, or City Code of Ordinances. 8. Any action taken by the City in an emergency to mitigate an existing or potential hazard. 9. Gas well drilling and production within riparian buffers and water related habitats shall comply with Subchapter 35.22 Gas Well Drilling and Production. B. Prohibited Uses and Activities. The following uses and activities are not allowed in Riparian Buffers and Water Related Habitats: 1. Land disturbing activity not authorized by a Corp Section 404 Permit of Letter of Permission and by the Director as part of the ESA review. 2. Uncontained and contained areas of hazardous materials handling areas for the receiving and storage of hazardous waste. 28 Subchapter 17 Development Code 17-7 3. Any structures, including storage sheds, garages and carports, located within the area mapped as Riparian Buffer and Water Related Habitats. 35.17.9 Upland Habitat Development Standards. The following uses and activities are allowed in the Upland Habitat and are in addition to the restrictions for development within this Subchapter. Site disturbance shall be delineated on the completed application for Environmentally Sensitive Areas review: A. Permitted Uses and Activities. The following uses and activities are allowed in Upland Habitats and shall be delineated on the completed application for Environmentally Sensitive Areas Review: 1. Residential development shall be designed to retain a contiguous fifty percent (50%) tree canopy, which shall remain predominantly in its natural state. Non-residential development may remove any or all of the Upland Habitat. 2. Selective pruning by a qualified and licensed tree surgeon is allowed to remove up to one-quarter of the canopy for the purposes of a trees health. 3. Clustering of development in these areas shall be utilized to minimize impact to the natural environment. Clustering shall be designed to maintain a contiguous forested area. 4. Agricultural activity, including buildings and structures is permitted outside of the environmentally sensitive areas, unless otherwise permitted through NWP 40, Agricultural Activities or any other permit as required by FEMA or Section 404, or as allowed in this Subchapter. 35.17.10 General Design and Improvement Standards. The design and improvement of environmentally sensitive areas shall be in accordance with the following standards: A. These areas shall be linked to existing or planned open space or conserved areas to provide an overall open space system. B. These developments shall be arranged in order to maximize access and utilization of the environmentally sensitive areas by residents of the development and the City. C. These developments shall comply with the open space plans and requirements of the City. D. The unbuildable site area shall be placed either in a lot or lots that incorporate a permanent conservation easement, restrictive covenants, or such other legal mechanism to allow for the long term conservation of said areas. Such legal mechanism shall limit any future land disturbing activity or construction within the environmentally sensitive areas and shall run with the land and be binding upon all successors and assigns of the current owner. The unbuildable site area may be incorporated into lots of over ½ acre in size. 35.17.11 Clustering Standards. Residential units or non-residential floor area ratio of a site may be clustered within the buildable areas of that site provided the following standards are met: A. Clustered density or floor area intensity may be transferred to contiguous lots under common ownership. Clustering from one development site to another development site is prohibited. 1. A general development plan shall be used to designate all areas of common ownership. 2. A general development plan may be used to allocate the transfer of density between lots under common ownership prior to their being sold. 29 Subchapter 17 Development Code 17-8 B. The minimum two acre size requirement for clustering contained in Subchapter 5 is not applicable to properties impacted by an Environmentally Sensitive Area. 35.17.12 Alternative Environmentally Sensitive Area Plans. The Alternative Environmentally Sensitive Area Plan provides the option to address the regulations through a flexible discretionary process utilizing the Zoning Amendment Procedure outlined in Subchapter 35.3.4. The Alternative Environmentally Sensitive Area Plan shall demonstrate that the developer’s alternative proposal results in a high quality development meeting the intent of the standards in the Denton Development Code. (Amended Ord. No. 2004-059, 03/02/2004) (Amended Ord. No. 2005-366, 12/06/2005) 30 NOTE:' Amended by Ordinance No 2000-179 N01~ Repealed by 0rdlna.ce No. 2001-304 ORDINANCE NO. 2000-069 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FOR, ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE WHEREAS, the C~ty of Denton has enacted by Ordinance No 99-439 a new Comprehenmve Plan for the City of Denton on December 7, 1999, and supercedlng the Demon Development Plan, and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to the location and intensity ofrotml and commercial land uses, and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including tnter aha its zomr~g and subchvmon regulations, m order to implement such polices, goals and strategies, and WHEREAS, ~t appears that substantml applications for approval of nonremdentml developments are hkely to occur in the mtervenmg t~me period, and WHEREAS, it further appears that approval of such development apphcations mconmstent w~th the new Comprehenmve Plan m contrary to the intent and proposes of the plan, and WHEREAS, the C~ty of Denton has enacted Ordinance 9%474, Ordinance 2000-017, and Or&nanee 2000-065, establishing, amending, and extending a moratorium pending the adoption of ntenm standards for applying the pohmes of the comprehenmve plan for certain specified commermal development apphcat~ons, and WHEREAS, Chapter 219 of the Texas Local Government Code authorizes mummpaht~es to enact regulations defimng the conmstency between comprehensive plan proposals and development regulations, and WHEREAS, a joint pubhc heanng between C~ty Council and the Planmng and Zoning Commission was held on February 8, 2000, and WI-tEREAS, a joint pubhc hearmg between City Council and the Planning and Zonmg Commission was held on March 2, 2000, and WHEREAS, the Planning and Zomng Commmmon made a neutral recommendation of these ntenm standards by a vote of 3-3 on March 2, 2000, and 31 CH LGL\V~L~\SHARBD\D~PTxLGL\~urD~cum~nts\~rdma~\~)raft#~IntN~n~Stndrd~rd Adopted 2march00 doc WHEI~EAS, the City is desirous of allowing property owners to proceed with development applications [~r nonresidential uses pendang the adoption of permanent revisions to the Land Development bode, subject to mtonm standards that safeguard the health, safety and general welfare of the communltF, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS. Section I. , Interim Develo_nment Regulations. The followmg provisions hereby are incorporated as lntonm development standards pending the adoption of permanent revisions to the City's Code of Ordinances that nnplement the pohcles, goals and strategies contained m the adopted Comprehensive Plan concermng nonresidential land uses Pending adoption of such permanent revisions, these lntenm development regulations shall supersede conflicting prows~ons of the City Code of Ordinances, ~ncludmg in partlenlar and without hm~tation Chapter 34, Subdivisions, and Chapter 35, Zoning, and shall read as follows SEC'rION A. GENERAL PROVISIONS 1 ~. It is the mtont and purpose of these regulations a to faclhtate proper and detailed evaluation of nonresidential zomng and rezomng appheations within city limits m order to render such applications consistent w~th the poheles, goals and strategies concerning land use, land use intensity, and related growth management objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other appheable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that lmplemant such pohe~es, goals and strategies, b to facilitate proper and detailed evaluation of nonres~dentml prehmlnat3, and final plat appheatlons within city limits in order to render such applications, to the extent allowed by law, consistent with the policies, goals and strategies concerning land use, land use intensity, and related growth management objectives set forth m the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the C~ty's Code of Ordmances (which changes hereinafter collectively are referred to as the Development Code") that ~mplement such poheles, goals and strategies, e to permit property owners to submit apphcatlons for nonresidential development dunng such interim penod, m order to receive prehmmary or final approval from the City for such projects, subject to limitations herein set forth, and d to integrate the hm~tatlons and standards hereto imposed w~th the Clty's existing development regulations govermng retail and commercial land uses dunng the pendency of this ordmance 2 32 CH LGLWOLI\SHARED\DEPTkLGL\Our Documents\Ordmancas\00\Draft #10 Iht Nonres Smdrds Ord Adoptad 2march00 doc 2 . Agniicabilitv. These interim regulations apply to the following types of' nonresidential development applications Requirements of this ordinance vary according to the type of appheatlon subrmtted for approval a Standards for zomng plans and project plans apply to the following types of development applications and must be satisfied prior to approval of such applications Standards for project plans may be satisfied at the same time or may be deferred, at the property owner's discretion, for satisfaction at a later time, but no later than prior to or contemporaneous w~th building permit approval 1) an appheatlon to amend the City's zoning map to a nonresidential zomng dlstnct classification provided for in the existing City Code of Ordinances, including a Planned Development District eontalmng nonresidential land use classlficataons, 2) an appheatlon to amend a Concept Plan or Development Plan contmnmg nonresldentml land use classifications in an existing Planned Development District, 3) an application to amend a Detmled Plan for nonresidential land use classifications in an existing Planned Development District, where the proposed changes to the detailed plan involve land use, lot size, lot dimensions, lot coverage, or building size, unless the proposed changes are consistent with an approved Concept Plan, or 4) an application to approve a zoning application proposing nonresidential land use classifications accompanying an annexation agreement, b Standards for project plans apply to the following types of development appheatlons and must be satisfied pnnr to approval of such applications I) an appheatlon to approve a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in winch a Concept Plan or Development Plan was approved for the property and winch does not propose changes to such Concept plan or Development plan, 2) an apphcat~on to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in winch a Concept Plan or Development Plan was approved for the property and which does not propose changes that involve land use, lot size, lot dimensions, lot coverage, or building size, or 3) an application to approve development involving an existing nonresldentml zomng district, or 3 33 CH LGL\VOLl\SHARED~DEPT~LGL\OurDocumenta\Ordlnances\00\Drafl#10IntNonresStndrdsOrd Adopted 2march00 doc 4) an apphcatlon to replat land within an existing nonresldentml zomng dxstnct, that increases the intensity of proposed land uses, through increases m bmldmg size, lot coverage, or traffic generation c All new and pending nonres~dentxal Planned Development Detmled Plan, prelma~nary plat or final plat apphcataons that are not reqmred to submxt a Zomng Plan as per Seetmn A2 a, shall be evaluated for Comprehensive Plan Consistency, subject to the standards and hm~tat~ons as herein set forth d Any epphcat~on to amend a Concept Plan, Development Plan or Detmled Plan ~n a Planned Development District(s) must ~nclude all contiguous, undeveloped land m umfied ownership w~thm such D~stnct(s), and all such land is subject to the reqmrements of this ordinance This ordinance does not apply to a any nonres~dentml development application accepted for fihng prior to December 15, 1999 for which Concept Plan, Development Plan, or Detailed Plan approval occurred on or after April 7, 1998 but before the effecnve date of this ordinance, or b any property located within the Central Business D~strlct 4. P_arafl~ This ordinance shall remain in effect untd such t~me as the C~ty enacts ~ts Development Code, as reflected ~n Section 1 2 a, to ~mplement the pohc~es, goals and strategies concermng nonresldentml land uses and related growth management objecttves set forth m the newly adopted Comprehensive Plan 5. Effect on Other Regulations. It ~s the intent of this or~hnance that the standards set forth herein supercede any conflmtmg standards under ex~stmg development regulations that apply to the development appheatmn It is the further mtent of this ordinance that prowsmns of existing development regulations not m conflict with provisions of this ordinance remtun m effect and that such provisions apply w~th full force and effect to the development authorized under this ordmanee SECTION B. ~. For purposes oftlus ordinance, the following terms are defined to mean means the status of a development apphcatmn following submission and acceptance as complete by the D~rector of all appheat~on materials and documents reqmred by 4 34 CH LGL\VOLl\SHARBD~DEPT\LGL\OurDocumcnts\Ordmanoes\00\Draft#101ntNonresSlndrdsOrd Adopt~d2ma~eh00doc the City Code of Ordinances In addition, a development apphcatlon shall not be considered accepted for filing if there is a eon&tlon precedent to the filing that has not been fulfilled City means the City of Denton, Texas Community .4etivitv Center means the area defined and described in the Comprehensive Plan. C.q.O.g. iffi/.g/~ means a general concept plan as provided for m Chapter 35, Article IV of the Code of Ordmanees of the City D_.q/gl/glLg/~ means a detailed plan as provided for ~n Chapter 35, Article IV of the Code of Ordinances of the City Develonment at~nllcatton means the apphcatlon form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for nonresidential uses zonings, rezomngs, planned developments, cone~pt plans, detailed plans, development plans, preliminary and final plats, and building permits means a development plan as provided for In Chapter 35, Article IV of the Code of Ordinances of the City Dtreetor means the Director of Planmng and Development or his designate Dow#town University Core District means the area defined and described m the City of Denton Coraprehenstve Plan. DRC means the city's Development Review Committee Ettvtronme.,,tntlv Sensitive Areas (ESAs) means an area that is shown on the Env[ronmentally Sensitive Areas Mat~ The ESA map includes floodway, floodplain fringe, riparian area, wetlands, ponds, lakes, rivers, and upland wooded habitat areas Final nlat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City Floadt~lain means the area designated as subject to flooding from the base flood (one-hundred- year flood) on the flood insurance rate map The floodplmn includes the floodway Floodway means a river, channel or other watereonrse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one-hundred-year flood) discharge without cumulatively increasing the water surface elevation any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map 5 35 CH LGL\VOLl\SHARBD\DEPT~LGL\OurDocuments\Ordmances\00\Draft#101ntNonresStndrdsOrd Adoptcd2march00doc means the area located wltban the floodplain and outside the floodway means the area defined and described m the City o£Det, ton Comvrehenstve Plan. Nonrqside~-t'-~L nonrestdenttal zonine district or nonrestdenttal uses means any land use that is not a multi-family dwelling, two-family dwelling, one-family dwelling, attached, and one- family dwelling, detached uses Tlus definition includes all land uses listed m Section 35-77 of the Clty of Denton Code except all uses hsted under "B prtmarv Restdenttal Uses" and "J Agricultural Tvt~e Uses - Farm or Ranch." Planned development means a planned development district as defined in Chapter 35, Artacle IV of the Code of Ordinances of the City Preliminary t~lat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City Property owner means an all inclusive term denoting the person with primary responsibility toward the city to see that these development rules and regulations and the ordinances of the city are eomphed wath The term includes person, firm, corporation, parmerstup or agent, attorney-m- fact, manager or director, developer Such term as used in this chapter always includes one (1) or more of the persons enumerated m this section who own all or any part of the land which is contemplated to be developed Qualified masonry oroduct means brick, stone, stucco or masonry material that repheates brick, stone or stucco Reaional Activity Center means the area defined and described in the ~ Comprehenstve Plan. Rczonlntt means an apphcatlon for amendment, supplement or change to zomng as provided for in Section 35-7 of the Code of Ordinances of the City and includes an application to amend or apprOve a concept plan, development plan or detmled plan Street tree means a tree that is listed on the city's list of ehglble street trees adjacent to a public right, of-way Zon/ne means an apphcatlon for the first zoumg classification and land use conchtlons apphcable to real property as provided for m Chapter 35 of the Code of Orthnanees of the City the establishment of a planned development and approval of a concept plan, development plan or detailed plan means the adoption of an ordinance approval zoning or rezomng and includes approval of a concept plan, development plan or det0aled plan means zoning district map as defined m Section 35-3 of the Code of Or&nances of the City 6 36 CH LGLWOLl\SHARED~DEPT\LOL\OurDocuments\Ord~nances\00\Drafi#10IntNonresSindrdsOrd Adopted 2march00 doc SECTION C. ~ 1 Zonin~ Plan Reouirements. Every nonresxdentlal development application ~dentlfied m Section A 2 a shall be accompanied by a zoning plan The zomng plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential dev¢lopmont apphcatlon, based upon the standards set forth in thxs section, provided that all other standards applicable to the nonresidential development application have been met If the development apphcatmn already contains the mformatlon and documents set forth in th~s sectxon, then such application may be treated as a zoning plan and shall be evaluated under the standards m this section If the application is approved or approved with ¢ondmons, the zoning plan shall be incorporated as a part of the approval A zomng plan shall contain the following a Project name, vlclmty map, scale, north arrow, and date b The location and acreage of proposed land uses for the property to be developed for nonresldentml land use and any contiguous property m umfied ownership For each nonresidential land use that is proposed, the followmg information must be provided Proposed mlmmum lot size Proposed minimum lot width and depth Proposed bmlding lines Front, rear, and side Proposed maximum Floor-to-Area Ratio (F A R ) e Any reservations or dedications proposed d Location of all Envxronmentally Sensitive Areas, including any field mspecuon information that provides more detail for clarification purposes, and an indication of any planned mitigation to changes to natural features e All open space to be preserved consistent with standards set forth in this ordinance f An assessment ofpubhc facflllaes, demonstrating the adequacy of or provision for public facilities serving the proposed development g Proposed compatibility measures to be incorporated into the project design, including adjacent density, building materials, or buffenng and screening fi.om adjacent uses h Zomng designations adjacent to the proposed development 1 The proposed method, connection, provider, and location of 1) The proposed water system 2) The proposed wastewater system 3) The proposed method of drainage of the property 4) The proposed method of erosion and se&mentatlon control j Locatxon of drainage ways, environmentally sensmve areas, or public utility easements in and adjacent to the proposed development k Location and size of existing utilities along or within any easement 1 Llmxts of 100-year floodplain and floodway 7 37 CH LGLWOLl\SHAREDXDEPT\LOL\OurDoouments\Ordmanaes\00\Draft#t0lutNonrasSmdrdsOrd Adopted 2mareh00 doe m A Traffic Impact Analys~s shall be mqmred for any proposed site development that can be reasonably expected to generate more than 1,000 velucle trip ends dunng a smgle day and/or more than 100 vehmle trip ends dunng a single hour n Vehmular hnkages, if any, to adjacent propemes ~n accordance with access management pnneiples o Drainage Study, to the extent needed to determine land areas subject to dethcat~on or reservation for dnunage purposes p Water and Wastewater Demand Calculations, to the extent needed to detennme that adequate water and wastewater services are available to serve the property q Location of ex~stmg uttl~tles r Any other ~nfonnatlon deemed necessary by the Director to analyze the project 2 Standards Annheable to Zonln~ Plans a. ~ The standards contoaned m this section govemmg zoning plans are minimum standards These interim development regulations are not intended to limit the disaretton of the C~ty Council to deny a noures~dentlal development application that aclueves the mmunum standards contained m flus section, or to conchtion the apphcation based upon overall considerations of health, safety and general welfare b. Comnrehens~ve Plan Consistanev Standards. 1) Land Use Plan and Land Use Intensity. Zomng plans for nonresldentml uses must demonstrate consistency w~th the standards set forth in the comprehensive plan, ~ncludmg the land use plan and chstnct designatmns 2) Enwronmentally Sensitive Areas. Enwronmentally Sens~Uve Areas (ESAs) shall be preserved to the fullest extent possible, and shall be ~ntegrated with the design of the project The zoning plan shall ~dentffy all ESAs contained wlthxn the development and the methods undertaken to preserve the ESAs For m~xed use projects, the nonresidential areas shall be clearly differentiated from residentml areas m addressing the method of preserving ESAs In designing nonresidential projects to preserve ESAs, the following rules apply a) An ESA may be ~ntegrated with buffer yards and other open space features on the s;tc and such areas may be mcluded m calculating mmunum landscaping reqmrements for the project, b) The intensity of use for the nonresidenUal development may bc nereased on developable areas outside the ESA up to the esmnated floor-to-area ratm achievable for the type of use 38 CH LGL\VOLi\SHARED\DEPT~LGL\Our Documcnts\Ordmanoes\00~Draft #10 Iht Nonres Stndrds Ord Adopted 2march00 doc proposed under the City's zomng regulations currently apphcable to the property, c) Areas within the flood fringe used to provide parkmg areas for the nonresidential development must provide pervious pavmg materials 3) Compatibility Standards Zomng plans must demonstrate that the proposed development is compatible w~th the existing and planned adjoining uses and the character of the area m wlueh the project is located, as per the following standards a) Masonry If 50% of the structures located wltlun 200 feet of the boundary of the project have at least 50% of all elevations exeludmg windows and doors) comprised of qualified masonry products, then all structures within the project should have elevations comprised of no less than 75% qualified masonry products b) LandscaDme and Screenm~, Landscaping and sereemng shall be used to ensure eompaUbflay with adjoining uses according to the following standards 1) For existing single-family residential land uses adjacent to proposed nonresidential development 1 Minimum bufferyard width of 20 feet n Minimum number of canopy trees equal to 1 per 15 linear feet of bufferyard, and iii Mlmmum number of understory trees equal to 2 for each canopy tree 2) For existing multi-family residential land uses adjacent to proposed nonresidential development 1 Minimum bufferyard width of 15 feet ii Minimum number of canopy trees equal to 1 per 20 linear feet ofbufferyard, and iii Mlmmum number ofunderstory trees equal to 1V2 for each canopy tree 3) For existang nonresidential land uses considered to be lower in land use ~ntenslty adjacent to proposed nonresidential development considered to be higher in land use intensity 1 Minimum bufferyard width of 10 feet ii Minimum number of canopy trees equal to 1 per 25 linear feet ofbufferyard, and iii Minimum number of understory trees equal to 1 for each canopy tree 9 39 CH LGL~VOL 1 \SHARED\DEPT~LOL\Our Documcnts\Ordmane(~s\00\Draft # 10 Iht Nonres Stndrds Ord Adopted 2march00 doc 4) Adequate Public Factht~es a) The land proposed for development must be served adequately by essential pubhc facdlttes and servmes No development apphcatmn subject to these interim development regulations may be approved unless and untd adequate pubhc faclhtles ex~st or provtsion has been made for water factht~es, wastewater facilities, dramage faetht~es and transportatmn facthtles which are necessary to serve the development proposed, whether or not such facilities are to be located wtthm the property being developed or offs~te 1) Proposed pubhc ~mprovements shall conform to and be properly related to the Ctty's subdtmston regulatmns, applicable master plans and capital ~mprovement plans 2) The C~ty may require the phasing of development or mprovements m order to mamtam current levels of service for ex~stmg public services and facthtles or for other masons based upon malntmmng the heal, h, safety and general welfare SECTION D. ~ 1 Project Plan Reouirements Every nonresidential development apphcat~on ~denUfied m Section A 2 b and which ts not exempt under Sectton A 3 shall be accompamed by a project plan In addmon, every development apphcat~on ~dentffied m Secuon A 2 a which deferred sattsfactlon of project plan requirements at the tune of approval of the zoning plan must receive project plan approval prior to or contemporaneous with braiding pernm approval The project plan shall be the basis for the Ctty Counctl's dectston whether to approve, approve with condmons or deny the nonresidential development apphcauon, based upon the standards set forth m this section, provided that all other standards applicable to the nonres~dentml development apphcatlon have been met If the development apphcatton already contains the mformaUon and documents set forth m thts section, then such apphcatton may be treated as a project plan and shall be evaluated under the standards m thts section If a Zoning Plan contains several parcels that the property owner intends to develop m a smular manner with sunfiar destgn charactenmcs, Council shall revtew and approve the first ProJect Plan, and may specify the condmons under which subsequent Project Plan approvals may be approved by the Director of Planning & Development If the apphcatton is approved or approved wtth condmons, the project plan shall be incorporated as a part of the approval Any Project Plan shall be valid for twenty-four (24) months from the date of ~ts approval If no constructton begins pursuant to a bmldmg pernut within the twenty-four (24) months, the Project Plan shall automatically expire and no longer be vahd A project plan shall contmn the following 10 40 a All of the information contained m a zomng plan, which will be for informational purposes only b Street names and locations of all existing and proposed streets within or on the boundary of the proposed development, right-of-way, pavement widths, sidewalks, and bikeways c Lot layout with dimensions for all lot hnes and lot area d Location and use of all proposed and existing braidings, driveways, fences and structures within the proposed development Indicate which bmldlngs are to remain and which are to be removed e Area calculations 1) The total area m the development 2) The gross floor area of all existing and proposed structures 3) Area and percentage of the total project area coverage by i Structures i1 Streets, roads, and alleys iii Sidewalks iv Recreatmn areas v Landscaping vi The total area covered by tree canopy at maturity of the trees vii Parlang areas f Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown of 1) Water lines and dmmeters 2) Sewers, manholes and cleanouts 3) Storm drains and catch basins 4) Fire hydrants 5) Access, location, and screening of all dumpsters 6) Location and size of all public utihty easements g Location, size, and use of contemplated and existing public areas within the proposed development h A topographic map of the site at a two-foot contour interval 1 Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site circulation j Use designations for all areas not covered by bmldmgs, parking, or landscaping k All mformat~on necessary to demonstrate compliance with the terms and/or cond~tions of Zomng Plan approval in relation to Enwronmentally Sensitive Areas 1 A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings, and all calculations necessary to indicate comphance with Chapter 31 of the Code of Ordinances m The elevations, surface area m sq fi, illumination type, height, and construction material and style), and locations of all proposed signs for the development n Architectural information as required by this section for all structures proposed within the Project Plan area All Project Plans shall indicate the material, windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling Elevation drivings may be provided, and shall be submitted drawn to scale of one (1) tach 11 41 CH LGLWOLi\SHARED~DEPT\LOL\Our Documen~s\Ordmances\00~Draft #10 Iht Nonrcs Smdrds Ord Adopted 2march00 doc equals ten (10) feet or greater Text descnpOons shall mclude performance standards that will apply to Project Plan structures as necessary to indicate compliance w~th the Project Plan standards o Any other information deemed necessary to analyze the project 2. Prolect Plan Standards. a. Minimum Pro,eot Plan Standards The following munmum standards of project design shall be addressed m the project plan 1) IJ21~L~j~LI~i~i~ - All developments must provide for underground utlhty ~nstallat~on, excepting electrical mmn sub-station feeders 2) ~- Where apphcable, all streets must connect to other streets at both ends, or provide for the future counect~on when adjacent to undeveloped property 3) Architecture - The nonresident~al project shall employ an architectural design that is compatible with the physical dtmenslons and features of the subject property and w~th adjacent land uses, based on the following factors a) All bmld~ngs and structures comprising the project should have an integrated design, b) Buildings generally shall be oriented toward the street, and major entranceways should face the street, e) Building scale, mcludmg the height and bulk of structures, should be internally consistent and should be similar to the scale of adjacent nouresident~al structures, ~f any, d) Mechanical eqmpment and storage areas shall be screened from the street and from adjacent residential land, e) Facades should incorporate windows, jogs, offsets or mmllar features to prowde v~sual divers~ty, f) Roofs, alcoves, porticos or awnings should be used where feasible to protect pedestrians from the effects of clunate, and g) Bmldmg materials should be internally consistent and compatible w~th the character of the area in which the project ~s located 4) Garage door orientation and setbacks - Garage doors should not face any adjacent street frontages, except alleys Where site hm~tations preclude the opportumty to orient garage doors away from the street, other desxgn measures should be employed to screen or munmize visibility from pubhc rights-of-way 5) Access management ~nncmles should be employed to mlmmlze traffic flow disruptions on collector and arterial streets 6) Street trees - One (1) street tree per 50 hnear feet of lot boundary adjacent to a street 7) pedestrian Circulation and L~nka~es - The Project Plan should provide safe and convenient pedestrian circulat~on appropriate to the proposed 12 42 CH LGLWOLi\SHARED\DEPTkLGL\Our Documenta\Ordmanees\00~Draft #10 Iht Nonres Smdrds Ord Adop~d 2march00 doc land use Pedestrian linkages to adjacent properties should be facilitated in appropriate locations 8) ~ - Parking areas should be screened from public rights- of-way to the extent possible When visible from public rights-of-way, parking areas should be organized m smaller sub-lots to avoid large, uninterrupted expanses of pavement 9) ~ - Llghtmg shall be designed in a manner that will not shine upward, minimizing the diffusion of light into the atmosphere, and shall not shine on adjacent properties 10) Traffic calmlm, devices - Approved traffic calming devices should incorporated into the street patterns where appropriate 11) Fences - Fencing should be treated as a design element, and be visually appropriate for its proposed location Attention should be prod to detmls such as use of qualified masonry products and design features as accent columns, articulation, or caps If used along an arterial and collector streets, consideration should be given to openings in fences to provide visual entry into the project area The use ofberms is encouraged 12) ~ - Landscaped features such as fountmns, gardens, or other features that enhance the project are encouraged Art such as monuments or other sculptural objects that enhance the project may also be considered Such elements should be visible and/or accessible to the public 13) ~ - the provision of bus mm-outs and covered seating areas for bus riders should be considered, depending on site location, levels of activity, and type of site visitation SECTION E COMPREgIENSIVE PLAN CONSISTENCY Every nonresidential development application identified in Section A 2 b or Section A 2 c, wluch does not require the submittal of a Zoning Plan pursuant to Section C, and which is not exempt under Section A 3, shall be subject to a separate evaluataon of Comnrehenslve Plan Consistency No such development apphcatlon shall be accepted for filing until the requirements of this Section E have been satisfied Such development applications shall be considered incomplete until such requirements are satisfied a. New Applications Prior to filing a nonresidential development application consist~ng of a Planned Development Detmled Plan, preliminary plat, or final plat that is not subject to Section C - Zomng Plan requirements, a petition shall be submitted to the Director of Planning and Development requesting an evaluation of Comprehensive Plan Consistency Upon making a finding of consistency, the Director shall in writing notify the petltaoner that the development apphcatlon shall be reviewed in accordance with regularly scheduled procedures Upon making a finding of mconslstency, the 13 43 CH LGL~VOLl\SHARED\DEPT~LGL\OurDocuments\Ordmances\00\Draft#10IntNonresStndrdsOrd Adoptcd2mareh00doc Director shall place the application on the next available City Council agenda, whereupon the City Council shall determine if a rezonmg petition, for a use more consistent with the comprehensive plan, will be initiated on behalf of the City If a rezonmg petlaun is not unrented, the petitioner shall be notified in writing that the development appheatlon review process will be resumed m accordance with regularly scheduled procedures In such case the development application will be accepted for filing b. Pending Applieaflons Pending Planned Development Detmled Plans, prehmmary plats, or final plats that have been filed before the effective date of this ordinance, and are not subject to Section C - Zomng Plan reqmrements, must be evaluated for Comprehensive Plan Consistency before any further processing of the application is allowed The Director of Planmng and Development shall prepare an evaluation of Comprehensive Plan Consistency for each individual application within thirty 30) days of the effective date of this ordinance Upon making a fmchng of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures Upon making a finding of inconsistency, the D~rector shall place the appheataon on the next avmlable City Council agenda The City Attorney shall prepare a determination and advise the City Council of the status of vested rights wth respect to the apphcatlon The City Council shall then determine if a rezomng petition, for a use more consistent with the comprehensive plan, will be matlated on behalf of the CIty If a rezonlng petition is not lmtlated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures SECTION F. ~ 1 Annlleatlun reomrements, No development application subject to these interim development regulations shall be approved without subrmssmn and approval of a zomng plan or a project plan, as provided hereto, consistent vath the standards m flus ordinance If the apphcatmn is approved, the approved zoning plan or project plan shall be Incorporated as an element of the approval 2 Processin~ of and decision on plans. a) Zoning Plans Zomng plans shall be processed and decided by the City Council in accordance with the same procedures deslguated in existing development regulations for processing and decision set forth in Section 35-7 of the City Code of Ordinances Oo) Project Plans Project plan apphcataons may be submitted, reviewed, and decided by City Council 14 44 CH LGL\VOLl\SHARltD~DEPT\LOL\OurDocumenls\Ordmances\00~Drafl#101ntNonresStndrdsOrd Adopted 2march00 doc concurrently w~th Zomng plan apphcat~ons or as independently rewewed development apphcatlons Rewew and decm~on on ProJect plan apphcat~ons shall be made by C~ty Cotmml, upon notace to remdents of property located w~thm 500 feet of the Project plan property, in accordance w~th estabhshed Courtesy Notice procedures e) Comprehensive Plan Conmsteney Comprehenmve Plan Conmstency evaluations shall be conducted by the Planmng and Development Department, and the D~rector of Planmng and Development shall make an adrmmstrat~ve deterrmnat~on of conmstency m accordance with Section E Should the D~rector make a determmatmn that reqmres referral to C~ty Counml for further eonmderatmon due to Comprehenmve Plan ~nconmstency, the C~ty Counml shall demde by rumple majority whether to allow the development apphcatlon to be accepted for fihng and/or continue the review process as regularly scheduled, or whether to ~nlhate a rezomng of the subject property determined to be ~nconmstent The C~ty Council shall detenmne whether to approve, approve conditionally or deny the development apphcat~on based upon ~ts demmon on the zoning plan or project plan in accordance w~th the standards m these ~ntenm development regulatuons and pursuant to the dascret~on vested ~n ~t by state law and c~ty charter 4. a The property owner may elect to reserve portions of the property for future nonremdentml development for development approval after the adoption of the C~ty's Development Code Such tracts shall be clearly md~catad on the zomng plan b The C~ty Counml may modify or condition zoning plan approval on the reservation ofport~ons of the proposed development until the C~ty has adopted the Development Code that ~mplements the pohc~es, goals and strategies concermng remdent~al land use, and related growth management, housing and open space obJeCtives set forth m the newly adopted Comprehenmve Plan a The apphcant may petmon the C~ty Council for rehef from these interim development regulations by requesting such rehef ~n writing The request for rehef shall be conmdered by the City Cotmcd ~n conjunction w~th actaon on the project plan and development apphcat~on b The C~ty Council shall not reheve the apphcant from the reqmrements of this ordmance, unless the apphcant first presents credible evidence from which the C~ty Council can reasonably conclude that the ~mpomt~on of the nouremdent~al development standards deprives the apphcant of a vested property right or deprives the apphcant of the economically wable use of hm land 15 45 CH LGL\VOLl\SHARED~DEPT\LOL\OurDocuments\Ordmances\00\Drafl#101ntNonrcsStndrdsOrd Adoptcd2march00doc c In dec~dtng whether to grant rehef to the apphcant, the City Council shall take into consideration the following 1) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the Ctty's Land Development Code that implement the provisions of the comprehensive plan jeopardtzes the City's best interests in preventing such effects, 2) the sultabthty of the proposed nonresidential uses in light of land uses allowed m the zomng dlsmcts on property adjacent to the proposed site, 3) the impact of the proposed nonresidential use on the transportation and other public faclhties systems affected by the development, 4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounchng properties, 5) the likelihood that sufficient relief wtll be provtded to the applicant following adoption of the City's Development Code, 6) the total expenditures made in connection with the proposed nonresidential development in rehance on prior regulations, including the costs of mstalhng infrastructure to serve the project, 7) any fees reasonably pad tn connection with the proposed use, and 8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant d The City Council may take the following actions 1) deny the rehefrequest, 2) grant the relief request, or 3) grant the rehef request subJeCt to conditions consistent with the criteria set forth m this section 6. Minimum rehef. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right 16 46 CH LGL\VOLl\SHARBD\DBPT~LGL\OurDocuments~Ordmanoes\00\Draft#101ntNonresStndrdsOrd Adopted 2ma~ch00 doc Section H. Environmentally Sensitive Areas Map. The Enwronraentally Sensmve Areas Map, attached hereto to Exhlbtt A, ~s hereby meorporated ~nto tfus ordinance, and shall be used to evaluate development apphcat~ons as stipulated m all references to Environmentally Sensitive Areas Section III. ~e..v..e. rallil~. If any prowmon of this ordinance or the apphcatlon thereof to any person or c~mumstance is held invalid by any court, such mvalld~ty shall not affect the vahd~ty of other provisions or apphcat~ons, and to this end the provtmons of thru or~hnance are severable Section IV. Recission of Moratorium Ordinance 99-474, adopted by the City Cotmc~l on December 14, 1999, Ordmance 2000- 017, adopted by C~ty Council on January 4, 2000, and Ordinance 2000-065, adopted by C~ty Cotmcd on February 15, 2000, shall be rescinded and repealed on the effective date of th~s ordinance Section V. ~. Tfus ordinance shall become effective upon the date of ~ts passage and approval Section VI. ~. Save and except prowstons hereby amended or superseded, all remalmng sections, sentences and paragraphs of the Code of Ordmances of the C~ty of Denton shall remmn ~n full force and effect PASSED AND APPROVED tfus the 2"d day of March, 2000 JAC~LER, MAYOR ATTEST JENNIFER WALTERS~ CIIY SECRETARY By ~_ff./~..~-- /~~ APPROVED AS TO LEGAL FORM HERB~Y., 17 47 OP.VACE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2000-069 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO TO SAID REGULATIONS, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted Ordinance No 2000-069 (the "Nonresldentlal Interim Regulations") to maplement portions of the new Comprehensive Plan on an interim basis until such tnne as the City comprehanslvely amends its Code of Ordinances to implement the new Comprehensive Plan's polices, goals and strategies, and WHEREAS, the City Council finds that it is in the public interest to make certmn amendments to the Nonresidential Interim Regulations, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION 1 Sectaon B of Ordinance No 2000-069 as it pertains to a defnutlon of"Development Application" is hereby amended to read as follows Develot~ment a~licatton means the apphcatlon form and all accompanying documents and exlub~ts required of the applicant by the City for development rewew purposes and includes any of the following applications for nonresidential uses zonings, rezonmgs, planned developments, concept plans, det~uled plans, development plans, prehmmary plats and final plats SECTION 2 Subsectmn A 3 Exemptions of Orchnance No 2000-69 is hereby amended to add the following exemption Tlus Ordinance does not apply to c any building expansions and/or additions to an existing building or structure of less than 10%, or 1000 square feet, wtuch ever is less SECTION 2 All other provisions of Ordinance No 2000-069 shall remmn in full force and effect SECTION 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of ether provisions or apphcat~ons, and to tbas end the provisions of this ordinance are severable SECTION 4 This ordinance shall become effective upon the date of its passage and approval Page 1 of 2 48 49 ORDINANCE NO ~qOO/-O~G4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NOS 2000-069 AND 2000-179 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM REGULATIONS"; PROVIDING FOR SURVIVAL OF THE NONRESIDENTIAL INTERIM REGULATIONS FOR DEVELOPMENTS PREVIOUSLY APPROVED UNDER THEM, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted Ordinance No 2000-069 whmh was later amended by Ordmance No 2000-179 (the "Nonresidential Interim Regulations") to implement portions of the new Comprehensive Plan on an interim basis until such time as the City comprehenmvely amends ~ts Code of Ordmances to implement the new Comprehensive Plan's pohces, goals and strategms, and Vv~-IEREAS, the City Counml finds that it m m the pubhc interest to repeal the Nonresidential Interim Regulations, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION 1 Ordmance No 2000-069 and Ordmancc No 2000-179 are hereby repealed in their entirety, except they will remain ~n full force and effect for those propertms that have recmved any prior approvals under such ordinances SECTION 2 If any provmlon of thru ordinance or the apphcatlon thereof to any person or circumstance is held mvahd by any court, such mvahd~ty shall not affect the vahdlty of other prommons or apphcatmns, and to this end the provmlons of thru ordinance are severable SECTION 3 Thru ordinance shall become effective upon the date of its passage and approval PASSED AND APPROVED thisthe ~/~-'-~ dayof &~~__ ,2001 EULINE BROCK, MAYOR ATTEST JEN'~FER WALTERS,~EITY SECRETARY API~VED ~S TO LEGAL FORM By ~ 50 LEGEND m~nsCity of Denton ETJ portation Roberts Railroads Airport Rails-to-Trails Sanger Roads Cakes Environmentally Sensitive Areas Lewisville~ Corinth CITY OF DENTON - INTERIM MAP 1'~ JANUARY - 2000 ENVIRONMENTALLY SENSITIVE AREAS ~ WETLANDS, STREAM BUFFERS,FLOODPLAIN, & TREE CANOPY City of Denton 215 E. McKinney Denton, Texas 76201 940) 349-8230 ~ :725051 S:\Legal\Our pocuments\drdinances\18 CA17-0011 Ordinance.dacx M _ ` r r * .. ' i ` • , r r i r r r r. . . ' i r ' ', . " , r r ' r ; r r; i r , r ; r, , w ' , r r r r r i ; r r r• r_ - - rr i i " 1 1 I' ' r ,r , s , . i i i ` ! ; < 1 M f • / . r i i` 1' 1 1 i. . 1 i 1. . r . s i.. . ' , 1 1 1 ! ; 1 . i . i I F . 1 . . i 1 . . . 1 ` . i i . 1 ` s ` ` 1 ` ' 1 1; . 1 . i . . . .'1 1 . * . 1 i 4 " 1 . . ; I ` . . .: . . . . . 4 . r . . ; . - , , . . - • - M -r. . , ; , , , . . . . . . . r • ' ' f ' . •' i 1 . . _ . _ _ , _ . N . I ` • . ` . . . Mi ` 1 i . . «, . ., . . i ., . f ` l i " f i ` ' - ' . . . . M' 1 1 . 52 SECTION 5. Any persori, firm; partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION W6 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. 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 8. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. l';: 1 L! 1 T"I 1."1° la l., a ` ': - ..____— %I .. a CHRIS "".""", MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1'.VED ' TO LEGAL FORM: I LEAL, CITY ATTORNEY t ' : " ". , 53 Subchapter 3 - Procedures w + ' - ' a ` 4 + + + , • ., 1. ;r sn ea az. m i dmera2 t s a I na fl ]C?evefls aa n i r e. 2. Gcr sid r aan a g l;iraa a r a e t i crs.fa.r u s a i :E xtaz.x C<an.d [Jse eagxeant a f t1 e aa Il an, 3. C;a sia r ls a4aarc .E rr a ae ifi Is E razazt. C;a si r ffn a li efiia n e s ffn S S n 1:lEa,c epma n. 50 ;a s.a as, a sl ti:ra .£err an .th.lt rna r E;c zra n u.r tal s fit re hr .['Ilano G. r1sa an aa ae snen t a r t I:1 r 1 pa n t C;.a-t :I rian s u e praaest aa r r st, ia ri w anrn ri i a .resa Y re rithui th. 3}-day .re rie r a:r a s d scrii d xy S.ss c 35.3. 3.F.2.e&. 7. ns..r an a r ln a a n f r aan appe i b ,ra.rarea tt nex taIlly S nsi a r Ar.ea ae.d ass ssmaca t det rrnb.aaaati a. 54 tl ara r 35.17.1 35.17.2 35.17.3 35.17.4 35.17.5 35.17.( 35.17.7 35.17. 35.17.9 35.17.10 5.17.11 I urpose Appli ation Environmentally Sensitive Axe ds Crite ia Nlanual FsnvironmentaIly Sensiti re Ar.ea C oan lian e Eteview. I7efinitions Ctfficial Map Floodplain I:evslopment Stasada ds F iparian Fiu£%r and lXTatcr FZelated I-Iabitat L7ev lopment Standards Upland Ha itat I:7evelopxzaez t Starldards Clus erin Standards tllternari e f,ssviranmentally Serrsitive Axea I'lans This Subchapter is adopted for the fc llc>ring pu p ses: A. Manage and pxotect environmesatally sensitive areas withi the Cit r. i. I'rotect the tzatural and eccalc>ic;al ese azrces that are essential elements af the Cit r's health and c;orramurait}r eharacte and which provide iar placeat>le plant and dlife habitat; Fstatslish a development fxam ork foe the Cit r tlxat is zespective of private psopcaty rights, I1ile ncc ura g thern tca tae used r sponsiUly foi the b nefit caf the entire cc m sunity; I. I'reserve arad en ance tiae City's distincti re c;cax rn 'ty c:aaracte and c uality of lif by ensuring that its naturai and built et virariment:s are c nsist nt itl the community vision and values embodied in Th I:eratcan Plara. E. Est bliska xegularicans that cc>safoprn ta the requir rnents of the state and fec eral gc vernme t re ardirag ai qu lsty, ater qualiry and environ nerztal protectic r. F. This Sazbchapter is adoptcd pu suant to authority vested usider the C:ity's c:harter, anc! °I'exas I,cac il Caovernment C:c de, C;ha}t rs 211, 212, nd 551. 3;17 .a l r tr tz A. The standaxds of this Sub ha ter shall apply tc all land anc$ all develo}rnerit withiri the cc rporate lirnits of t ce ii r, xcept as c the 'se spe ific:ally provicled far in this Subchapter. F3, The €loodplain stasadards of this Subchapter shall appiy tcs all land and all development rithin the extgate ritvriai jurisdic on (F?TJ} oF the City. C. °I'he type caf regiilatia n applic:al>le ta tlte land depesads upon the c;lassification in rhich thc land is placecl, as src}vrc ed it-c this hapter. If thcsse re lations c:c flict riih other regulations of this Subchaptei, the mcare strin ent of the two r gulativns shall apply. 3,5 7 3 .°r s°c r xt lly 'er rtrr °r rt xar l In additio to meerirrg the requirements ex},xessly establishec iri tkris Sa bchapter, all envircanmentally s nsiti re areas shall comply th tY e F3nvi onrnent dlly Sensitive Axeas Criteria 1t Tanual. ere there is c;onflict between a pravision set fc rth in this Subchaptex and a prc vision e£ tl e Fn ri r nmesatally Serisitive Ar as C riteria 11rlan xal, the pr risicans of this JU}.7C"1'3$i S.11 d"J 7I r. 51 4 ,r r xr.ra y 65 x ztrr "c rxa lta;rr r A. I2 `w R c baa E rira mentally Sexisitive Agea carnpliance r view for residential and non-resideniial development rnust e pexforaned as part of a fi al plat applica ions and site plan applicaTioris, xespecrively. Prote tive fencing shall clearly rsaark arsd delineate all ,St1.s io be prcrte ted and preserved for the ciu ation caf the larad disturbisig activitie s an tkae property. t1n Envixo mentally Sensitive Area xeview is requixed for. all develc panerit exce t for the frallo g: 55 1. Ac egty tknat dc s nrat niain zbany f?i rirc n.rnent ally Sensi.a r .t'e eas a,s c epi ter c an v.xc C,'ity's .nvir nmenaally Sensita re .f r s a i. 2. C:rrac.ra., f', utttiqs x oiher e tt th...ruac rizi acaivity .n a y lat ian rcrlvis g lcss t a 2.5 iaYyia y rr s fa Y res.adesu.rial prs j cts ax .50 Lr i: rar s c.r s arn-resi e tiat S.c je ts; k ti ra es such s c xe3iz a y gmabt tenan e a c l as s;pis p patir n s, bndivir ual horxz a:cags, re ins, acia ad tiax s p ffeaia c. zn diii:ati r s a a sia le f ar tfly ci er lliys, ;e t as re lnn}:it d by the ..rell mertt C:a e. 4. "]["h appli a a an erna nstxate tlraffe3u:a;h aan I.nvir suz:nnt;lIly S:a sitiv .f.xea iele assessmesut pli aiie n t sanl t Sra xt r c s matafli s x a :S;n ri nmental9y :i nsita re t's. s:e,s ca tlrn i.x lacat c n is zxrya as ci n:ter a i the :If:a,.f a ap. 3. 1[a°c atta tna :[t an a Sx f rcnari aa as e uiged saa. gh iiaAa a at anr sia; Slaxr ch kl.sas must }}c pre ir e. 'eefld'atis zaal z fe ra aafii r eerrn ei re pr ag anc z e essasy aes ps cess khr Sp iaaz rrray alse ie .xe u.i.°ed. C;. °ah na a x r a H The r qu rer er ts of a ::a,rixeaa nxeanta y iea sitiv .tiff s revne r slhall F>c: ch earae m urh;n tIlae ..p 1 an er c st ates: ft'.he ].nr cie reliapm a a ti rity a ti.ies at z gh re unYeznemts a ahis Sa bc:u.pter a.x tls rsclplaiz s, E iparian I3raffrers, i Taae.r iellat .abita, xn C y arad . abitBa zaa d a czthe c er.a, saair a r local s as a t of t fisn. at .0 sit plane 2. `'l a.e lasa ciistu,bu.; a;ti rity ail c t tt use r3 xa;e tc :G:a.zavira x rrgena l y Sens.a ive .'4.a as ac$j.ng tc ie au as taa e distsarY ecfl. 3. 'I"he: la d c nsturY..arrg act srity am slies nritYn tIh .reyaxir.emeants e.£ Su 7 ha t r t f3. fV. retlland liaa.c t a a. l zy traisrer s i n4 st Ina,s }.ee a e fa xmec if ec res Fsennents ia t aaa-s i t anaIl re an s a a.r rased, e d ;u Se tac n 04 N at a ide .['errrrit a r a p,etter f.['rezrnssi ra. fr n the iJ.. th.rmy C;'c x-s I<,aa sae rs h s e s l:at ane fl. 5. 'nn altes native :F^;sa.atirc>mcna lly Sea sitIl r .ttr gy]n I n as eY ap x reci ox th subje a de I apm r a. Il3. Sna°a n Che 1'vire saine at ly :'s r s ti r .['e a ge ri ur sha ex rc rhezr th £inal afi frar Ye:i er taal devefl tt aent a p r al. n es, rar w en fi sitc 1 a r a ral s.0 a an-r si n i 1 devela n xent e;ri es. F,. nt t1z y Env.ur rsrgaea aal y 5eans.iti r. .'4.aca thaa is preser`r c ma}* l e user t warc s m ctnr. 1. I:.,nds a s nc9 ".I°re aa e}r s quir.efl b zxas cean t neaed isa ,'s la hapt p 13 a. C ne sc uare at erf t4:c :arne y rai l k e ve c.r. e rery sy aar; aac t cr.f pr ser r d :..F..S.t4 ir cans rY ( 1}. b. Tuaa s aare %eg Iax c s pc re its rbl n e ,n en fa4: e r ry scp a re r a c pres;rved :k:a,S.t tme ax s vY 2:). ne sqiaar `c c t r ane s:ape °r clits rill be a ren fr r: evea-y sc uare fa ot a f an r saded res rved 5. 1:1} arkla c de 8i ati n ia ac.rc as vvith the I ark ar ci [ed.i atias-a 1rc8i a ce 3. [.r flnage stanc as iaY s:a:r danc aith e:ah h.apt:r 9. 3 .. " . a tt rx h fa la sri x x vas efl a cieisxre t e classificatierns E:If:a,.z viaa nav u ntally Scr.xsitiv t4re rs Pi.sin the .k:?nvnYa raxr r t;ly S nsita r l re s i tl:a ai d c I er rel t c teff rss use ahrovagh.ut apnis Sixl ha j te e e. T ev Sl S IFDa a rU n t irea vuet r th F.?Nft'e 1`!0 .tlaa.reueal :han c Ila plain (a.k.a. 1)()-yea flasa G3 l xian} er:e whi Ih he a uzal sta e tsnn FLas F een .a e r si ner3 n d n a lor ge.a exhbl its .u a ristg. a.E a x ctuff eIl hanrn l ancfl a s its tl a flplain ka.as i ern si Ynnii asa.tly rnc ciifir d, ;.x cfl d, IIle, o c the. 'se r istur c. F3. ana; hy,.us: c.r envi.°a ram t l afl.dita.a ns .res ltgea ia r;;arl r t t a caantanuey s ra}lcvans affe t.ung h e lth, ,a ty, anc qua.ity f l.aff af n izeans. 56 C;. ng ara an 3anff'ff a As°eas wit:hin 100 fe:et, zneas ireci freaan t7c3 h sides csf the st:re m e:ente.r.lirie, aitli draina e ar.eas r ates th n ane squ re rnile, and 50 feet: frab xx bs th s3c es of an r streams e:ea terla.ne that cir.aan areas c>f oi e sc are mile c r. less. '.['ivs alsa applies to the o at ed es caf su 4 ac rater >cadies. i. S Lir ear eo;r pka c feature th t csan reys flcawiiag waters. I eadwaTer streams re the upp s x ost, les r c sder streanas csf a atersri d and coa rise the aaxajority <>f streams ia the United 5tates, bc th in terms cri ra ber anci le th. St eaans s:ara. be perens al, intermittezlt ar ephezner l. F,. San£' i 3.y Tema to include streams, poncis, lakes, an. fres}xur ter retlarxds. F. LT ac ap d 1 Il a c a n a Are s within t re FE;MtI 1% .tl.naival C<h nce Flcrod.plair (a.k.a. 100 year. locadplaia}, that ase uiadevelcapec arid iya t eir raati r l st ate. C'7. Jg d JE-&rnt t C;c>nti uous as eas ie acres ox larger c f Cr.cass Ticrzt7ers h bitat. H. a e S a later stora e c apacity of a sts°eazn and is a vc>l a re that is meas ired belova the b se £lacacl elevari an. C. ]Et ffi d a sntat tlxeas c esignated as retl nr s, and tr es aa d uncierstc ry vegetatiean cc r taini a 5Q Seaeent or ancaxe of 7red zxiinately native l3e ttc mlan i hardwc c d. E3 attocnlaaid har iwoods accur r az the fixst terrace of fl<>crciplains ac d flats alang c;rannels. T'eriod.ic inunda io a prevcrats establ.ishm nt crf upland species and axiaintains t re functianin of this type of veget:tic r. J. e fl n f rea t11at is i ndated os: s tucat:ecl l3y surface c>° graunr rate at a frec uency asrd ciuration s fiicient tca s z art, anci that urader narmal circuanstaaices c cs sazppor.t, a revale ce of re etation typically adaptec$ for life irx saturater sosl cvnc3it'tc r s. Jetla cis ;enerally i lelude s am s, maxshes, >o s, a x. si 'r areas. Iracir ides aclaacent and isolate wetl rxds. 3:1 1 f:" E nvnff na n l0y aen n nv a p. The crffici l ma}7 t:hat identifies areas desi;xx tted as ,nvir.onmentally Sensitive .tireas (ESI s}. E$. n ra a &lh I S Il fl B[P A$°' . II]Cll YCll 1. °"he znap may t e aap.atec$ administs atively w rera an :E?`i? fielc{ assessa aent is onducted for a arc p rt r and. ag j resved by t s SJirec:tor oiI evelc>pmecat: Sc:r ices. 2. I evisac7 s and arn adrn nts to f I?i1 t1 1% finnual 'hance f lc cadplaan maps shall cause the b ncl ries of Flrrodg lain EStis tca k> reacijustecl acccar. gly. 3. Suhst:;nratial arxyendments of tkae zna s sri 1l fallow t:he Lonin; rlmendmeaat I'rocedure dctail.ed in Sul cha tet 3. S abstantial aznendmes t is defiri ci as ch z es Am i tin; the r aole city, e ce ting cha;es causec b r the public;ation of zaew £leac d insurarzce rate ma 7s (Fi s} 7y f I;I1 t. C;. ]aavn na n an fl n g a a fl A aaae n. Fielcl assessme sts 4are r.c ux cl prio to pl ttin caf praapert r whec there is zesbse na>1e evidenc:e tllat :Elc rircynxnenatalky S nsitive Areas, as depicted cara the oE`icaal ESt 1 Iap, Ynay not F3e accurate. :C^,Stl field assessbrfleYxts, as a}rr.cr red by the I ixectoa of L7evelopgnent Ser ices, sha11 su exsede the af4 ic:ial ESA iVlap in ieterenitvn what areas are sr:srrject to t11e requirements Ethis Sut claapter as a aF lieci tca a pro sosed. cievelc)pment. 1. Infrartriaticar tey ireci; Infs s rzxation as xec uired c ra the T?n rigca.mentally 5ez sitive 11rea /lssesstnent a splicatiax ai d checklist must be pro ided. t e ciitianal inf sr:matias deemed a s srerpri;te and aaecess ry to proe:ess the S I.icatian iay % requir.ed. 2. E3s irations An :[t,nvircaaaa entally Sezasitive 1 re;as field assessrnent skzall expire fter twc ye;a s s f ixs apprc ral, os: if the raattlxr l ccanditicans of tFae i3SA Z e t3 en si;isif icantly altered. 57 3. r1p ealsa Apjseals tea staff deterzninations shatl fcyllc>ur the aning Arncndmerzt I'rc cedure detailect irr Sectir n 35.3.. y 1 r I'he text caf this S trchapter, irrc:ludin; de niticans, describes arLd z e ulat:es ihe prc tected F?Stis s eaurn orr the (;it='s F3n rir.onm€ntallgr Sensitive t reas i ap as a r.efcr.ence. 3.17 T ..r cf f. r lca °xx St cf°c LJpc field verification r.eas d:si nated as FF?MA 1% tlrrrrual C;harYc€ F laodplain rould be classifi:d aecord ng tc the existin canditions as I:}ev laped rrs- Und veloped flaodplairgs. t1. T)r i p cl oas l. 1. L7ev loprrient raithin the Uevelaped F laodplains shall camply wit Subc:haptcr. 35.i9 I3rainag;e Standar.ds. 2. eeticrn 35.17.8 a splies r e x Ri yarian bu£fer.s and Wate.r-xe:lated habitats are nested, par.tially ar w rolly, iYrside I3eveloped f'loodj l;cin .St1s. 3. Cxas vr il d illini and j7roductian vathin de reloped flacadplains skaall ccasnply wiih Sut chapt;r 35.22 (G s We11 I irillin anci Prcrdtixe:tic n). I3. CJncl ela js d F'lcrescly l I'he folla 's g uses and A tivities axe regulated in the Llxide relo d F'loodplain. 1. I e t c Js a cl A t v tie I"he f,llcs rairYg permitt:eci us;s and ac:vities ace allo red if in cr mplianc€; rith the Sut>chapter 19 IJraisr ge tandar.ds and C;kaapier 3Q of the Code of C7r 'araces: a. "I"he plat ting of arYy ne r trees ar vegetatie rr. ka. Restoxation car. enhanc:ersze t crf flc odplairts, riparian t>uffer.s, water r.elated hak itats, uplarrd h ct ii:ats, vactlands nd stt eams as qui°ed hy federal a d state stand.ards. c. `he lac;errrent crf public or private eztility fac:ilities such as se res, storrn watcr., wate, cl:ctrieity, gas, or c>ther t tilities as losi as the disturF>ed ar a is r.esic red tea minisnia,ed erosian and pr.eamcst tkae r.ecovery c f the F,nviroz mentally :ie:nsi ive tl eas, ar d whezy adequately f'lcaod pr.00fed. c. i1 I asuxes ta reanove or ak ate siuisa xees, the s°ezx c val of ir vasiv lant speei s, c>r any csthea vialation o£ feder l, state as° lo allaev, 'th the appra ral aF the I irectcyr of F,nvis°on sss€rrtal Ser ie:s. c. I a ki; lots, suk>ject to the limit tic rrs on fill as spec ficd in Sec;ticrn 35.1 1. 7.i3.3 and canstructed crf pervi<>us rir1gEPY I.S. f: I?ar.ks, c pen space, recr atianal uses, ts ails, ralk ays arrd bike patkrs. g. 5tc>r.ra watex q iality contxc ls. h. C;c nstruct caaz af s aadways ideratiFied. c n the 1Vleabiliiy Plan as lors; as the disturbed ar.eas are r.estoreci Yc xniniarai e es°osiorY and prorrbotc the recc ver.y o£ the F,nvirc z7mezgtally Sensitive t1 ca sut7ject io the I)irector. c>f F^'.Y7vironr xeratal Ses-vices approval. i. Rc>utitle epair. and m interaaazce of existing str.ucti r s, r.c adurays, drivewlys, utilit cs, and accessory uscs. j. tl rica itural activity j ermitted throug i 1 aticyrLvvide l ranit 40 (N 40), tlgric:ultueal t c:tivities pursuarrt Sec capr 4Q4 <>f the C;Iean Wates tict or. any other fcder.al permits. k. tlnyr act c qi taken t>y fed.cr.al, state, nr lcscal officials in ar e ec e.nc}r to miti;ate arr escisttrr; r patential aaard. l. 7'he c;r rrstructiar of a private drivewa}r, as Ic rx; as the clisturbed as eas as e restorcd to nrinitnize es casicazl ar d pr.ome te t e reca rery of the F,nvironmentall r Scnsitive t xea sukaject ta the Dis ee:tor esf F:riviron rergtal Se-vr s appxoval. C as well drilling a d productiesn shalt carraply raitia Subehapter 35.2.2 Gas Well I}rillizy arrd T?s odacction. n. F ill ae;tiviti s sut>ject To lirgxitations as c3utlined in Sectiotx 35.17.7.i3.3. a. ;'ulver.ts an bridges as Ic n; as thc distuxlaed areas ar.e restored t:c minimize exosion and pr<>mcrte tk e receavery c f the %?nvit onmenially Sensitive tlxea sut jec;t tca the Uireetor. af F?rrvir.azymeratal Services appra ral. C:ulve ts ar d bridges are exernpi fr.om the limitaticatas irz fill sei: ixx Secticyn 35,17.7.a'.3. 2. resF ks t d L7 e:s d Act r ii s I"he foUa rislg pr.c hibit d uses and actrvities arc nat Ilr rred in C7ndev loped Floodplairrs; a. T'I cetnerit, ha dlin, preacessing areas, and/or stcara e o£hazardous raste. Ffarardaus aaste anic solid raste 1 11C.9..I.S. 58 s. .I.,an. c sturbitt a tivity n t auahcrz aa.d r= a J.. t raaa-ay S`ryr s cf;ra.in ee s ;ec tAci 0 I'rrruua cr.r.I..,ctte caf t xm.zssi.rqx. hs y i e r .trra tu.ares cru ;g iditz q s, .i Yuciin ;a.ra;s atta :m eyr.ts„ a ,stca:e ge sh s I.c c;ateci rna iia the e a eri s GJn ev¢ap c .F`ba adpl n. r e ']Cr e asae. u c er.sta y v ctat.u z .rea aaval, u c t as a1l ured }y u}sect.a aA 3.`.2?.9 and 35e 9..:F'.2. ce S ti t i ks, s pti taA 8 ain EaeE s, ancl c th.ca f r.ra s f rk-s.at, urast sr t r trea rr nae 3. sl ci % ill in LJracl vels g F e a ns I'h follawing azc standnrc3s for. fill in the C7rrdeveloped flc c dplaisi: a. F illin; oE any ffoc dplaisa c i a strcam th t cirairzs mos e than ane square rsxil is prohibit:ecl unl ss the fill osi aa y loi is less than 50 cut ic yards or 300 cubic feet per acr.e, whie heves- is gr.eatex. b. CJp tc 15% af the floodplairr valley storag, rnay be filled if t ae str arn drains Icss than onc squ re xnnile. e. In addition to meetiElg th: r.c uir mer t fcaz fill s t at7c we, ali fill activities in the LJnc€evete ped filac dplain s all comply uith th F.r ir.onrnerrtal Sensiti e Ar.ea Criteria i%[anual, Subchapter. 19 I7rai sa e Standards, arrd feder.al law. 3:1 x r`°%t xac et° l t c' izt t.°Ic t St xx°c I"he €'callc win; uses arzd actz rities are re ulated in the Iiiparian }3ui'fers and. X%ater tetat:d F abitats and are in aclditie n tc the re salaticans fcar development in this Suhchaptcr., tl. ti l iJ a Ci.t a 1. Place ene <>f ps°ivatc residential yard am slitzes, includin but not limited to: gardens, }rards, trails, a d clea in s, that uould result in distur rirr up to 10°!0 of the ar.ea, but in iYc instance sha11 the pr.c tecrivc buf er dtkr be decr.eased belc vr 25 fect measus ed each directiota frcrm the centes line of the existia g channei c r. the out r cd,e af sairiae;e ater bodies. Ne distus banc;e is permitt d in delineated wett rnds. 2. Ftiparian buffer.s nested, parrially or rhe lly, ir sicie I7evcl,ped flc odplair s rriay be disturbe.d up to 10% af the area but in no i stance shall the pr.ot:ective buffer rridth be dEcreased k>elow 25 fcet rreasured each directaon frorra the c;er terline of the existing c assnel c s tk e c uter ec e af suxfa e rater. t oclics. Nc distur.t ance is per nitted in delineated wetlarrds. 3. Regair, r.eplaccment e r. i rrprrsv rnent of` puE7lic utility facilities uher.e the disturt7ed pos°tiarr of the F.rrvixorrrrzentall r Sensitive tLr.ea is s cste r.ec, and ve eiatias list d as irrvasive is reznoved and r.laceci rith vegetation fr.orn thc City N tive I'lant I ist. tlddi:tic ns, alterations, r.ehabilitatir n, or r.ep laeemerst of existing structu es that dr zic t increase th.e e istirrg strisctural fcaotprint in the Ripariasa Tiuffer. os Water R.elated F-IaV7itate tlny disturbed aa:cas rnust be restared. using z aattve re etatzve coves. 5. Stream, tland, riparian arid azpland enhance ne:nt eas restcsratian prc jects; 6. t1;rie:ultuxal activit r, is cluclin buil ' gs and structus es is p xmitted c utside f the F?nvircanmentally Sensitivc 11.reas, unl ss csther rise permitted thr.e u h Nationwide C er.mit -Q (N 4Q}, t",.gs'icuttural Activi es pursuant S ctic n 404 oE the ;Iean VUater. tict as any c>ther fcderal pexsnit. 7. EZautine s epair ane$ tnaint rian e caf e istirs? structus°es, road uays, dr.ive rays, utility facilities, access,ry uses and otl er develc prsaerrt. 8. C;onstru tiozi of resat ys identified a the ity Ma bilit}P C'larr as loz g as the disturbed ar.as are r.estor.ed tc) miniznia,e ere sia rz and prc mc>te tkr reccrvery c f the F?nvir.c nrrtentally Sensitive A.rea and subj ct ta th: I irectar of F,n ixos mentai er ric s apps oval, stnd as c eztlined in Section 35. 17. I.I3.-. Measures tcr s crncyve c s a 7ate nuisances, c>i any c ther. violatian csf' State siatute, adxninistxat ve rule, car City C:cade C)f P:C..9A1.110ES. 1Q. tlny actir n taken by the C;it r irr asa etsi rgenc}r tc mitigat:e an existing csr. potential harard. 11. <xas re11 ds7lling azrd ps odueticrn rithin ripas.an buffers arzd wates related hat itats shall coi rply rith `ubchapter 35.2.2 C'as Well Drillin and Pr.adaiction. F3. ol ik d LT e cl l9.cti i i T'he fallcav rin uses and acti rities are crt aliow d in Itipasian F3uffer.s ;tnd at;x F elated Ha itats: 1. Land disturbin activity ncat authari ed by a L3S tlr.my Cos-ps of F?n ir eers Sectiota 404 C errrrit L,etcer e f Per.snissiorr. 2. 'I're; azgd understc ry vegetarics r.ennoval, sscept as allc're:d by Subsection 35.1 .F.:.2. 59 3. I'laceza e at, hag dlis g, pzocessin, car stc s ag;e af h zardaus raste. 4. riny st actuYes, includin sts s age sl eds, ara;e s nd arports. 5. Se itic tar ks, septic tank raan fielcis, and nther fcyrtsxs e f oa-site u stewatex tre t:rraez t. 035 17 9 LT 1 ac ia`;t r l .r t S't,e°c.s The f`ollo np acses and. act rities are rc ulateci in the L.Tpland I-iabitat 4end re in add tioza tc' the s est:rietic as for develcr znent ithin this Subs:hapter. A. n t 9 CJse aaad Ei avn a 1. Resiciential develeapm zzt sha11 l7e desig;raed tc s etais cc>47tiguc>us fft}r percent (50°!) tree ca opy, rhich sh ll emain redoix inar tly 'sn its iaatux l state. I'r.eses-vat c n c71 a slanci habitat s:onti caus ts, f`orested ar.eas az adjac:ene aropert es s x arcels is strc n Iy exyce>u a ed. 2. 1 Tc n-residential c3e elapmea t sha11 t>e ciesi;iaed tca retain thi t:y rer.cent: (30%} tr e cano}y whic i slflall remain pxedea antly in zts za t rat st te. I'r.esea aatic a of upl nd. ha1 i2at coa atiguaus tca fcarested areas crn acij cent pr.e per.ties cax parcels is strcan ly e.courage. 3. `electi re sna c: c ra uctec by ar under t1i su er isiesn of ara Iz te rxational Sariety af ti.rbc>ricult s e I;it1} ceztified art>carist is allca red tc rea ove u to or e-quarter of the c ncapy fc r the pur.poses c>f. a trees health. 4. :i±;c hanceme at crr. restcaratiosr ,roject:s as ap,rc veci 1>y the T3ir.ectc r o4:.F..,nvironmental Se,rvsc:es. 1 o1n F n c CT° a ncfl f a a 1. eptic tarai s, septic t an eir.in fielcis, asaci e t e £ot:ms oi e-site w ste rater treatra ez t are prcal ibited ir. a eas set asic for requir c preservatic n. 43:1. "Ica t rz°.c,.a',a n5t azc'z c C;h sterirag of c evele>p aerit shall t e utilizec] to ax inir ai e iznpact tc tize natural en rigc n r enat. C:larstEtisa shall t>e desi;ned to nainta'sn a cc s ti;ue s faiested axea. m3a51 11 te tt."°c r a/rwS Br l r A. L1 aa vafl ][ I°he Ai ernat ve .Fnvzron nenta3ly Sensitive tlrea I'laa, provides the caption te cidress t:he re ula ic ns thYc ugh a f.lexikale disc;reticanary pt°ocess tili isa tlae canin t a aendmea t I'reae:edure cautli ac d an Su.>cha}ter 35.3.4. B. C;n 'a g r r ll C:'ity C;'oune:il rrr y apprc v the alter a tive lan v ritlz cozaditio s ne ssary to rniti;ate the ian cts eaf the >rsa 3cased. develcapmcr t u ean consic erin; tl e f ctor.s and c»Is nateci i.s tkais scs:tia r. 1. Nliti ation c>ls aa e obtained t7y cae ting, e-randin, anci ar izn sre rizz; en rirc nment:ally sensitive ar.eas. 2. Mitigatic>za ;ca als are c>l tained t7y Sreses-vr a; er virc nmecatally sensiTive areas abc ve th ar iniaa7u a zequireme ts, exchanges t etween d.if fe ezit t.y-res crf:I,S.t4s, installin; }ollutzcasa pa:evea tion cc>tr.ols, and.r i ra lernent xz best: m araa eanent racti es sar a y other p s aac:Fa s that s°esailt in the irs pxoveanergt caf t:h ers rir.crr cnent bein ian a ted. 3. Ar.eas offered as zniti tican are li ked t:o e isting or planned o sen s}race or conserac d re s tca provicie an. cave all c era space s rste ra. 4. C:3ev:lop nent is arran ed fe r ss aas:ami izag access anc3. utilizaticaba c f he e:ravzranmesat:ally sezasitizre ateas t>y Clh 9'Z5. 5. tlreas o4 fes:eci as initi arion ar.e k7laced either in a lot o Icats that sn c>rpcarate a pesxrianerit conservatian. easement, r.estrictive cc>renants, car such oth r le al rnechanism tca allow fcrr the loi tegm cons xvation <>f saic as eas. Sucti le al meciianisssz shall limit aeffy future lanc distus bin activity c r cc c str actic n itlain the eb$virca amentally sensativ ereas e d shall un witka tlle larad and F e k7sndin; u can all su cessors and assi ns s f he c s°Pent s wraea. 6. 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In creating this Roadmap, recent legislation, such as Senate Bill 2 and Senate Bill 3, have provided us direction. We are working with the Public Utility Commission to implement Governor Abbott’s directives1 to ensure the continued reliability of the Texas electric grid. We also gathered ideas from many Texans including customers, city leaders, state leaders, current and former regulators, environmental advocates and market participants to help us identify important improvements. The employees of ERCOT are committed to using this as a foundation – adding and adjusting as necessary to keep up with regulatory requirements and the needs of a fast-changing electric grid. Our promise to you and the people of Texas: • Cooperate and communicate thoughtfully and purposefully through multiple channels. • Ensure reliability and restore trust and confidence in ERCOT. • Evaluate technical processes within ERCOT and then innovate through dialog. On behalf of all the employees at ERCOT, we want you to know we are putting more emphasis on listening and engaging with you, ERCOT customers and market partners. We will successfully implement this Roadmap and do our part to ensure that we continue to provide reliable electric service for all Texans. Sincerely, Brad Jones Interim President & Chief Executive Officer ERCOT 1 Letter from Governor Abbott to Public Utility of Texas Commissioners, July 6, 2021. https://gov.texas.gov/uploads/files/press/SCAN_20210706130409.pdf Letter from Brad Jones to Governor Abbott, July 8, 2021 http://www.ercot.com/content/wcm/lists/219694/Gov_Abbott_LTR_070821Final.pdf 65 Work with the Public Utility Commission of Texas (PUC) to implement new laws passed in the 87th Legislative Session. These laws reform the governance of ERCOT and reorganize how the power grid is managed. Complete the analysis of generation outages in February. This will inform future discussions with the PUC and lawmakers. A preliminary analysis is available at www.ercot.com/content/wcm/lists/226521/ERCOT_Winter_Storm_Generator_ Outages_By_Cause_Updated_Report_4.27.21.pdf Propose a new market rule requiring generators to report all forced outages and automatically release outage information if there is a grid event. This will allow ERCOT to more quickly communicate about grid conditions. Propose a new market rule for generators to provide operational updates more frequently. This will improve situational awareness for grid operators. Require all market participants who own or operate generation resources and/or transmission/distribution power lines to submit a letter signed by their CEO twice a year attesting that their companies have completed their weatherization preparations to protect the electric grid for the summer and winter respectively. Adopt a more aggressive approach to operating the grid. This will impact outage approval, commitment of resources, conservation alerts and the communication of system risks as well as wholesale prices. ERCOT will work with the PUC to account for reliability impacts and make necessary adjustments to ensure proper price formation. Revise market processes to continuously run planning assessments needed to bring resources back online in anticipation of tight grid conditions. This will allow grid operators to better coordinate generation outages. Perform 30+ on-site power plant spot-checks to ensure they are following their weatherization plan in preparation for the hot Texas summer. We previously only performed these types of checks in advance of the winter season. ERCOT does not own or operate any power plants. Progress Action 2 1 2 3 4 5 6 7 8 Limited Progress On Track Complete Roadmap to Improving Grid Reliability 66 3 Improve the assessment and communication of extreme low-probability, high-impact weather scenarios, including temperatures, durations, precipitation, humidity, and wind. Propose updated methodologies for the Seasonal Assessment of Resource Adequacy (SARA) for the ERCOT Region and other resource adequacy studies. This will improve public awareness about the potential high impacts of low-probability severe situations. Assign a senior staff member to staff the State Operations Center as needed. This will improve the working relationship with state agencies during major events. Review energy delivery procedures for controlled outages in the event an energy emergency occurs. This will improve coordination and emergency response. Improve government agency alignment through responsiveness to the PUC and a partnership with the Texas Division of Emergency Management, Railroad Commission of Texas Energy Reliability Council, and others, including exchange of ideas, improved communications, and training. Create a Texas Municipal Officers ERCOT Advisory Board that will increase dialogue and create communications channels with counties, cities and other political subdivisions such as water districts, for the benefit of Texas residents. Revise market protocols so that firm load shed (when utilities reduce power on the electric system) is accounted for in market scarcity pricing signals. This will align pricing with operational conditions. Revise market protocols to limit ancillary services prices to the System-Wide Offer Cap. This makes the ERCOT market more predictable and stable for market participants, creating a better market for customers. Improve and expand toolsets to manage short-supply situations. This includes facilitating additional voluntary load reductions and procuring additional ancillary or reliability services from resources with unique capabilities to operate during extreme weather conditions. Progress 9 10 11 12 13 14 15 16 Action Limited Progress On Track Complete Roadmap to Improving Grid Reliability 67 Establish a new Vice President of Corporate Strategy and PUC Relations role. This will ensure a strong working relationship with the PUC as we vigorously participate in their processes to improve ERCOT. Initiate a process, both at ERCOT and the PUC, to address the Lower Rio Grande Valley transmission limitations, up to and including the construction of new transmission capacity. This will provide increased market access for resources in the Valley, improving reliability for customers during both normal conditions and high-risk winter events. Eliminate barriers to distributed generation, energy storage, and demand response/ flexibility to allow more resources to participate in the ERCOT market while also maintaining adequate reliability. Expand the Transmission Process to include items such as transmission over longer distances with low inertia, a technical term to describe complex transmission challenges. Add short-term solar forecasts into existing models as solar power expands in Texas. This will improve reliability and help lower costs. Launch an initiative to identify when ERCOT forecasts have high variability and consider whether additional reserves need to be procured during that period. This will help limit operational risks. Integrate the majority of Lubbock Power & Light customers into the Texas grid – the largest single transfer of customers in ERCOT’s history. The new substations and transmission lines enabling this change also increase the available transmission capacity for generation resources in the Panhandle region. Test large industrial customers who are paid to reduce their power during an emergency. These resources help preserve system reliability and it is important to test them to ensure performance. 4 Progress 17 18 19 20 21 22 23 24 Action Limited Progress On Track Complete Roadmap to Improving Grid Reliability 68 Create new financial trend dashboards to more effectively monitor and report on items including collateral total potential exposure and excess collateral. Perform unannounced testing to validate maximum sustained energy production from generators. This verifies information that generation owners have provided. Review reliability of current and projected resource mix and evaluate market changes to incentivize sufficient dispatchable resources. Biannually test end-to-end grid and market communications to verify energy emergency communications status flows from the control room to the public. This helps ensure the public will immediately know if an energy emergency occurs. Host virtual pre-summer communications meeting with PUC and market participants and distribute summer 2021 communications manual. This will help market participant communicators prepare for the hot summer months. Repeat process in advance of winter. Develop a long-term remote work policy focused on flexibility and employee choice for jobs that are not required to be onsite. Continue active participation in Real Time Operations Subcommittee (NERC) meeting with other grid operators. This helps ensure best practices are used. Conduct a study of credit best practices to reduce the risk of future under collateralization while avoiding uneconomic barriers to entry. Educate public and news media about energy emergencies and operational notices. Review and update existing communication practices around “conservation alerts’ to minimize false alarms and public fatigue. This will help ensure familiarity with grid operations. 5 Progress 25 26 27 28 29 30 31 32 33 Action Limited Progress On Track Complete Roadmap to Improving Grid Reliability 69 6 Progress Identify preferred channels of communication for each of ERCOT’s audiences including government, market participants, and customers – including Spanish language communications. Re-write external communications materials to eliminate industry jargon. This will make ERCOT communications easier to understand and reach a broader audience. Initiate a Listening & Education Tour to hear the perspectives of various communities and provide information about how the grid operates. Ensure the Technical Advisory Committee is comprised of senior-level members from each member organization to promote timely decision-making. Promote and endorse PUC actions to begin work on Black Start Plan improvements. While all the work of this plan is designed to prevent the need for a Black Start process, it is incumbent on responsible grid managers to invest appropriately to minimize the length of the process if it is ever needed. This will protect Texans and the Texas economy in the case of the one-in-a-million event. Review and improve the employee retention plan. Establish a procedure for DOE exemption requests, similar to the Texas Commission on Environmental Quality to avoid delay/uncertainty. Meet with market participants to understand their objectives and priorities; develop an understanding of their pain points and areas for improvement from ERCOT that they believe will help alleviate those challenges. Conduct technology platform reviews and best practices, both inside and outside the grid operations industry. ERCOT is refreshing technology and platforms for the majority of services for 2022-2027. This will improve reliability and operations. Conduct regular review of cyber security plans and defenses to ensure continued electric reliability. 34 35 36 37 38 39 40 41 42 Action Limited Progress On Track Complete Roadmap to Improving Grid Reliability 70 7 43 44 45 46 47 48 49 50 51 Progress Evaluate ERCOT, Inc. finances and priorities. – Address financial ratings agencies’ concerns. – Secure Board / PUC approval of 2022-2023 biennial budget. Identify and implement new processes to keep market participant communicators informed during a grid event. This will ensure timely and accurate information. Work with Transmission and Distribution Service Providers and customers to expand AMS meter implementation to improve timeliness of accurate meter data for settlements, credit calculations, and load management. Evaluate embedding Transmission and Distribution representatives at ERCOT if multi-day emergencies occur. Review weatherization and emergency operation plans for generation resources. Provide information, technical expertise and analysis to the PUC in support of rulemaking and implementation. Conduct a study to understand key future business drivers such as the integration of battery storage and distributed generation resources. Conduct a comprehensive review of ERCOT communications practices and policies, as well as an in-depth review of crisis communications performance during February 2021 event. Conduct a study to gauge the impact of varying levels of wind and solar penetration, including the impact of energy storage and dispatchable energy, as well as revenue adequacy for each of these levels. Evaluate the adequacy of ancillary services products and quantities to be procured. This helps ensure reliability. Action Limited Progress On Track Complete Roadmap to Improving Grid Reliability 71 8 52 53 54 55 56 57 58 59 60 Progress Assess and develop a plan to improve the accuracy of generation reporting to ERCOT. Determine whether resource adequacy trips resulted from low frequency require changes to market operations. Review load resource programs and evaluate effectiveness. Improve system planning, including localized and regional significant growth patterns. This will improve the range of conditions considered in planning studies. Improve load forecasts in emergency conditions and evaluate accuracy of past predictions. This will help improve reliability. Deploy new website dashboards and processes to streamline media responses to improve ERCOT communications to the public. Evaluate market incentives to improve fuel security. Consider on-site fuel supply including contracts with remote secured supplies. Evaluate requiring inverter-based resources – such as wind and solar generators – to provide additional reliability attributes such as grid-forming capability to protect Texans in the most dangerous grid conditions. Assess the potential costs and benefits of increased transmission both internal and external to ERCOT and increase coordination with other power regions. Fill the vacant executive leadership position in Corporate Communications. This will help improve ERCOT communications. Action Limited Progress On Track Complete Roadmap to Improving Grid Reliability 72 73 74 1/2 ERCOT unveils Roadmap to Improving Grid Reliability ercot.com/news/releases/show/235111 July 13, 2021 Comprehensive operations changes already underway AUSTIN, TX, July 13, 2021 – The Electric Reliability Council of Texas (ERCOT) has delivered the "Roadmap to Improving Grid Reliability" to Governor Greg Abbott, members of the Texas Legislature and the Public Utility Commission (PUC). The Roadmap is a comprehensive plan that addresses operational improvements to the Texas power grid, including important legislative changes, objectives outlined in the Governor’s letter issued July 6 and other reforms. "Change is required for ERCOT to continue to reliably serve the millions of customers and businesses that depend on us," said ERCOT Interim President and CEO Brad Jones. "We have extensively reviewed our processes to better serve Texans and will continue to work very closely with the PUC to ensure we’re aligned in these efforts. These changes will benefit all Texans and support continued economic growth for the state of Texas." The 60-item Roadmap is available on ERCOT.com and will be updated regularly through the end of the year. "ERCOT’s Roadmap puts a clear focus on protecting customers while also ensuring that Texas maintains free market incentives to bring new generation to the state," said PUC Chairman and ERCOT Board Member Peter Lake. "Texans deserve a more reliable grid, and we're aggressively moving to make that a reality." The roadmap includes both existing and new initiatives, including: Taking a more aggressive operating approach. ERCOT is bringing more generation online sooner if it is needed to balance supply and demand. The grid operator is also purchasing more reserve power, especially on days when the weather forecast is uncertain. Requiring CEO certifications. After a rule change, all market participants who own or operate generation resources and/or transmission/distribution power lines will be required to submit a letter signed by their CEO twice a year certifying their companies have completed their weatherization preparations to protect the electric grid for the summer and winter seasons. Adding new requirements for generation owners. ERCOT is proposing a new market rule that requires generators to provide operational updates more frequently. Assessing on-site fuel supplies. ERCOT is reviewing the need for on-site fuel supplies for some generators. 75 2/2 Performing unannounced testing of generation resources. This testing helps verify that generators have provided accurate information about their availability. Addressing transmission constraints in Rio Grande Valley. ERCOT and the PUC are initiating a process to address RGV transmission limitations and provide increased market access for resources in the Valley. This will improve reliability for customers during normal conditions and high-risk weather events. In developing the Roadmap, Jones and the ERCOT team worked with the PUC, customers, former regulators, retired industry executives, environmental advocates and market participants to ensure all areas for improvement were considered and included. -end- The Electric Reliability Council of Texas (ERCOT) manages the flow of electric power to more than 26 million Texas customers -- representing about 90 percent of the state’s electric load. As the independent system operator for the region, ERCOT schedules power on an electric grid that connects more than 46,500 miles of transmission lines and 710+ generation units. It also performs financial settlement for the competitive wholesale bulk-power market and administers retail switching for nearly 8 million premises in competitive choice areas. ERCOT is a membership-based 501(c)(4) nonprofit corporation, governed by a board of directors and subject to oversight by the Public Utility Commission of Texas and the Texas Legislature. Its members include consumers, cooperatives, generators, power marketers, retail electric providers, investor-owned electric utilities, transmission and distribution providers and municipally owned electric utilities. Contact media@ercot.com 512-275-7432 76 Active Construction Contracts Managed by the Capital Projects/Engineering DepartmentProject Name VendorContract Amount   Project Manager Contract Days Construction Notice to Proceed Date Projected Completion (Quarter/Calendar Year)Schedule 2019 Street BundleQUALITY EXCAVATION LTD 11,902,878.28$    Dusty Draper864 days3/16/2020Q2/2022Ahead of Schedule Hickory Creek Phase 1 (East) Project MCMAHON CONTRACTING 1,514,708.29$       Dusty Draper365 days9/1/2020Q3/2021Ahead of Schedule 2019 Intersection Improvements Project QUALITY EXCAVATION LTD1,809,570.63$       Dusty Draper141 days4/1/2021Q3/2021On Schedule2020 Street Bundle ‐ Sector 2JAGOE PUBLIC COMPANY4,804,458.00$       Kyle Pedigo365 days7/26/2021Q3/2022On ScheduleAllred and John Paine Rd Water Main WILSON CONTRACTOR SERVICES LLC5,275,366.64$       Tracy Beck300 Days9/12/2017Q3/18On ScheduleBonnie Brae Phase 2 ‐ VintagePAVECON PUBLIC WORKS 12,449,958.25$    Seth Garcia596 days1/6/2020Q4/2021On ScheduleDevelopment Service Center Parking LotMSB CONSTRUCTORS INC992,830.09$          Trevor Crain235 days12/7/2020Completed Q3/21On ScheduleDowntown Storm SewerQUALITY EXCAVATION LTD 1,160,224.00$       Kyle Pedigo288 days12/14/2020Q3/2021On ScheduleHickory Creek Interceptor Phase I & II ProjectMOUNTAIN CASCADE OF TEXAS LLC7,175,985.00$        Tracy Beck365 Days8/2/2021Q3/22On ScheduleHickory Creek West Road Widening JAGOE PUBLIC CO 5,320,870.00$       Dusty Draper720 days1/9/2020Q1/2022On ScheduleIH‐35 Water Lines (US 380 and Scripture)JOHN BURNS CONSTRUCTION CO OF TEXAS INC1,942,870.13$        Tracy Beck180 Days3/31/2021Q1/22On ScheduleMayhill Road WideningZACHRY CONSTRUCTION CORPORATION37,436,131.77$     Tracy Beck930 Days9/5/2017Q2/20On ScheduleMcKinney Street Phase IIJAGOE PUBLIC CO 10,854,202.23$    Dusty Draper 1139 days12/9/2019Q1/2022On ScheduleMcKinney Street‐Mayhill Intersection JAGOE PUBLIC CO 4,391,631.04$       Dusty Draper365 days10/12/2020Q4/2021On ScheduleNS Water Main Construction ‐ Phase II THALLE CONSTRUCTION CO INC 7,944,136.98$       Robin Davis526 Days4/1/2019Completed Q2/2022 On SchedulePEC 4 Phases 1 & 2 JAGOE PUBLIC CO 11,301,923.44$    Seth Garcia770 days7/1/2019Q4/2021On ScheduleStreet Reconstruction Bond Residential Streets Phase 1SEMA CONSTRUCTION INC1,796,641.50$        Kyle Pedigo180 days6/14/2021Q4/2021On ScheduleStreet Reconstruction Bond Residential Streets Phase 2SEMA CONSTRUCTION INC1,548,247.25$        Kyle Pedigo180 days7/5/2021Q4/2021On ScheduleStreet Rehabilitation BundleRELIABLE PAVING INC10,933,808.55$    Dusty Draper600 days5/10/2021Q4/2022On ScheduleTender Agreement for North‐South Water Main Phase 3MOUNTAIN CASCADE OF TEXAS LLC3,963,902.04$        Robin Davis260 Days7/12/2021Q2/2022On ScheduleWest Hickory Improvements2L CONSTRUCTION LLC1,862,393.50$       Kyle Pedigo334 days10/5/2020Q3/2021On ScheduleBonnie Brae Phase 1RAGLE INC 12,642,959.34$    Seth Garcia730 days7/12/2017Q1/2021Behind Schedule77 5:\Legal\Our pocuments\Ordinances\19\ DCA18-0009 2019 City Zoning Classifications 091319 amendment.docx i i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CITY-WIDE REZONING, TO COINCIDE WITH ZONING REGULATIONS ADOPTED UNDER THE NEWLY REVISED DENTON DEVELOPMENT CODE; ESTABLISHING A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (DCA18-0009} WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code, which coincided with a city-wide rezaning consistent with its new regulations; and WHEREAS, the newly revised Denton Develapment Code, approved by Ordinance No. DCA18-0009q, established new zoning districts, thereby necessitating the modification of all existing zoning districts within the Denton city limits, as well as the initial assignment of zoning for previously unzoned property lying within the Denton city limits on the Official Zoning Map of the City, consistent with the revised Denton Development Code; and WHEREAS, on April 10, 2019, the Planning and Zoning Commission, held a public hearing and recommended approval 7- 0 of a draft Zoning Map and Zoning District Transition Chart, specifying the initial zoning assignments and changes herein considered; and WHEREAS, on April 23, 2019, the City Council opened and continued a public hearing in accordance with local and state law, heard testimony, and unanirnously voted to continue the public hearing to August 6, 2019; and, WHEREAS, on August 6, 2019, the City Council continued ihe public hearing for the draft Zoning Map ta September 17, 2019; and WHEREAS, the City Cauncil of the City af Denton finds that the change in the zaning districts and use classification is consistent with the Denton Plan, the 2019 Denton Development Code, and federal, state, and local law and is in the best interests 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 Dentan finds that the change in the zoning districts and classifications 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. I:; "C'i , Effective October 1, 2019, and subject to the enumerated exceptions listed below, the zoning districts and use classifications of properties within the city limits of Denton, Texas are hereby amended to reflect the changes and initial zonings specified in the Amended Zoning District Transition Chart, attached hereto, and fully incorporated herein by reference as Exhibit A. 78 1. Those properties previously rezoned to 2019 zoning districts through City- initiated rezaning on June 1 l, 2019 and July 23, 2019 will retain the zoning classifications therein determined, and their zoning is not altered by this Ordinance or the Amended Zoning District Transition Chart in :a . 2. Those properties previously designated under prior development codes as Master Planned Communities (MPCs), including Cole Ranch, Hunter Ranch, and Hills of Denton MPCs, shall retain the zoning and development regulations established by their respective MPC ordinances, specifically including those regulations incorparated (ar excepted) from priar development codes or ordinances as they existed on the date of approval for each MPC approval ordinance and amendment. 3. Those properties previously zoned under prior zoning and development codes as Planned Development Districts (PDs), including PD-2, PD-111, PD-115, PD-120, PD-132, PD-138, PD-139, PD-142, PD-170, PD- 172, PD-173, PD-174, PD-176, PD-187, and PD-191, shall retain the currently valid zoning and development regulations established by their respective PD ordinances, specifically including thase regulations incorporated (or excepted) from prior development codes or ordinances as they existed on the date of approval for each PD approval ordinance and amendment. Notwithstanding this exception for existing regulations, it is the intent that all future amendments ta areas currently defined as PD districts shall follow the procedures and amendatory regulations in existence at the time of such future amendments, to the extent authorized by law. 4. The Rayzor Ranch Overlay District (RROD) shall retain the zoning and development regulations established by its respective approval and amendatory ardinances, specifically including thase regulations incorporated (or excepted) from prior development codes or ordinances as they existed on the date of each approval ordinance and amendment. Notwithstanding this exception for existing regulations, it is the intent that all future amendments to the RROD shall follow the procedures and amendatory regulations in existence at the time of such future amendments, to the extent authorized by law. SECTION 3. Effective October 1, 2019, the City's Official Zaning Map shall be amended to reflect the changes and initial assignments of zoning districts and use classifcations herein established. r"1 )i . Any persan, firm, partnership or carporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanar and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision af this ordinance is violated shall canstitute a separate and distinct offense. s"It 1IT p If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of the pravisions or applicatians, 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 cammitted and the former law is continued in effect for this purpose. 79 SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this Ordinance shall take effect on October 1, 2019, which is a date 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. second d bymotio to a rov h ordinance was ma he ordi nancewas as ed and appro LL andPPY . " .. p ed by N ,alqc vc ` _.I: 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: Aye Nay Abstain Absent PASSED AND APPROVED this, the .,.day of ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Y, /c/TPrrv R TlrakP T a..._._.. _....______........ PAGE 3 OF 3 19.. 80 EXHIBIT A i , N , i IIIII RuralAreas Residential - Low Density (up to 4 dwelling units per acre) Residential — Moderate Density (4 — 12 dwelling units per acre) Downtown Compatibility Area Downtown Denton Regional Mixed Use Community Mixed Use Neighborhood Mixed Use Business Innovation Neighborhood/ University Compatibility Area Commercial Government/Institutional Industrial Commerce Various Various Various Various A, RD-5, RC, (including previously un-zoned parcels designated for reference as RD-5X) N R-1 N R-2 N R-3 N R-4 N R-6 DR-1, NRMU-12, MF-1 DC-N, DC-G RCC-N,RCC-D Various DR-2, RCR-1, RCR-2, NRMU EGC EC-I, IC-E Various CM-G, CM-E Publicly Owned Properties (e.g., City of Denton, TWU, UNT, DISD, state, and federal properties) IC- G PD Properties zoned or rezoned with conditions MPC Municipal Airport Overlay, Fry Street Overlay, and Unicorn Lake Overlay PAGE 4 OF 4 RR R1 R2 R3 R4 R6 R7 MD—within DTIP MN—outside DTIP MR Various MN GO LI Various SC — along arterials HC — along I-35 PF HI PD PD, with the underlying regulations and standards governed by the 2019 Development Code M PC Overlay Districts, with the underlying regulations and standards governed by the 2019 Development Code 81 DENTON CODE 2030 — ZONING MAP WE WANT TO HEAR FROM YOU! We invite you to join us at one or more of our public open house events where you can learn more about the DDC and proposed zoning map, speak with City staff, and provide invaluable feedback. MONDAY, APRIL 23 6 to 8 p.m. Fred Moore High School 815 Cross Timber St. THURSDAY, APRIL 26 6 to 8 p.m. LaGrone Advanced Technology Complex 1504 Long Rd. WEDNESDAY, MAY 2 8 a.m. to 5 p.m. Development Services Center 215 W. Hickory St. THURSDAY, MAY 3 8 a.m. to 5 p.m. Development Services Center 215 W. Hickory St. MONDAY, MAY 7 6 to 8 p.m. Embassy Suites by Hilton Denton Convention Center 3100 Town Center Trl. THURSDAY, MAY 10 6 to 8 p.m. Sam Houston Elementary 3100 Teasley Ln. SATURDAY, MAY 12 9 a.m. to noon Denton Civic Center 321 E. McKinney St. Produced by the City of Denton • ADA/EOE/ADEA • TDD (800) 735-2989 • www.cityofdenton.com Denton Code 2030 is the City’s ongoing effort to update, revise, and rewrite the Denton Development Code (DDC). The DDC sets the requirements for what, where, and how much can be built in Denton. With the recent adoption of the City’s comprehensive plan, Denton Plan 2030, now is the perfect time to work to align our development regulations with the vision, goals, and policies approved by the City Council. The update to the DDC will address a variety of issues raised in Denton Plan 2030, including updated design standards that address the layout, look, and feel of both new development and redevelopment. The primary objectives are: • Improve the efficiency of the development review process • Remove unnecessary barriers to infill and redevelopment • Enhance the user experience by reorganizing and reformatting the DDC • Protect historic and established neighborhoods • Create a more predictable code and processes for developers and stakeholders A new lineup of zoning districts is also being proposed, which consolidates, renames, eliminates, and creates new districts. An updated zoning map reflecting these districts will be proposed with the revised DDC. While you may find yourself in a new zoning district, the current policies affecting single-family neighborhoods will not substantially change. Visit www.dentoncode2030.com to learn more about the DDC update, including the proposed zoning districts. 82 DENTON CODE 2030 — ZONING MAP Denton Code 2030 is the City’s ongoing effort to update, revise, and rewrite the Denton Development Code (DDC). The DDC sets the requirements for what, where, and how much can be built in Denton. With the recent adoption of the City’s comprehensive plan, Denton Plan 2030, now is the perfect time to work to align our development regulations with the vision, goals, and policies approved by the City Council. The update to the DDC will address a variety of issues raised in Denton Plan 2030, including updated design standards that address the layout, look, and feel of both new development and redevelopment. The primary objectives are: • Improve the efficiency of the development review process • Remove unnecessary barriers to infill and redevelopment • Enhance the user experience by reorganizing and reformatting the DDC • Protect historic and established neighborhoods • Create a more predictable code and processes for developers and stakeholders A new lineup of zoning districts is also being proposed, which consolidates, renames, eliminates, and creates new districts. An updated zoning map reflecting these districts will be proposed with the revised DDC. While you may find yourself in a new zoning district, the current policies affecting single-family neighborhoods will not substantially change. To learn more about the DDC update, including the proposed zoning districts, visit www.dentoncode2030.com. WE WANT TO HEAR FROM YOU! See the back of this card for information about our DDC public open houses. 83 WE WANT TO HEAR FROM YOU! We invite you to join us at one or more of our public open house events where you can learn more about the DDC and proposed zoning map, speak with City staff, and provide invaluable feedback. Visit www.dentoncode2030.com to get information about the different components of the DDC and how they are changing. MONDAY, APRIL 23 6 to 8 p.m. Fred Moore High School 815 Cross Timber St. THURSDAY, APRIL 26 6 to 8 p.m. LaGrone Advanced Technology Complex 1504 Long Rd. WEDNESDAY, MAY 2 8 a.m. to 5 p.m. Development Services Center 215 W. Hickory St. THURSDAY, MAY 3 8 a.m. to 5 p.m. Development Services Center 215 W. Hickory St. MONDAY, MAY 7 6 to 8 p.m. Embassy Suites by Hilton Denton Convention Center 3100 Town Center Trl. THURSDAY, MAY 10 6 to 8 p.m. Sam Houston Elementary 3100 Teasley Ln. SATURDAY, MAY 12 9 a.m. to noon Denton Civic Center 321 E. McKinney St. Development Services Center 215 W. Hickory St. Denton, Texas 76201 Produced by the City of Denton • ADA/EOE/ADEA • TDD (800) 735-2989 • www.cityofdenton.com 84 PLAN NORTH JOB NUMBER REVISIONS GUSTIN-HERRON ARCHITECTURE PLLC 08-07-20 "Hickory & North Texas Multi-Family" NEC of N.Texas Blvd. & Hickory St., Denton, TX 972-363-6155 6829 Fortune Rd. Fort Worth, TX 76117 GHA-HICKORY1 SITE SUBMITTAL DATE: 04-14-20 SITE SUBMITTAL DATE: 05-25-20 SITE SUBMITTAL DATE: 06-16-20 A0.1 Site Plan Reviewed for Code Compliance 09/22/20 Carrie Frazier 85 PLAN NORTH JOB NUMBER REVISIONS GUSTIN-HERRON ARCHITECTURE PLLC 08-07-20 "Hickory & North Texas Multi-Family" NEC of N.Texas Blvd. & Hickory St., Denton, TX 972-363-6155 6829 Fortune Rd. Fort Worth, TX 76117 GHA-HICKORY1 SITE SUBMITTAL DATE: 04-14-20 SITE SUBMITTAL DATE: 05-25-20 SITE SUBMITTAL DATE: 06-16-20 A0.1 Site Plan Reviewed for Code Compliance 09/22/20 Carrie Frazier 86 PLAN NORTH JOB NUMBER REVISIONS GUSTIN-HERRON ARCHITECTURE PLLC 08-07-20 "Hickory & North Texas Multi-Family" NEC of N.Texas Blvd. & Hickory St., Denton, TX 972-363-6155 6829 Fortune Rd. Fort Worth, TX 76117 GHA-HICKORY1 SITE SUBMITTAL DATE: 04-14-20 SITE SUBMITTAL DATE: 05-25-20 SITE SUBMITTAL DATE: 06-16-20 A0.1 Site Plan Reviewed for Code Compliance 09/22/20 Carrie Frazier 87 PLAN NORTH JOB NUMBER REVISIONS GUSTIN-HERRON ARCHITECTURE PLLC 08-07-20 "Hickory & North Texas Multi-Family" NEC of N.Texas Blvd. & Hickory St., Denton, TX 972-363-6155 6829 Fortune Rd. Fort Worth, TX 76117 GHA-HICKORY1 SITE SUBMITTAL DATE: 04-14-20 SITE SUBMITTAL DATE: 05-25-20 SITE SUBMITTAL DATE: 06-16-20 L-1 Landscape Plan Reviewed for Code Compliance 09/22/20 Carrie Frazier 88 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 to the 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 tailored to encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and Denton’s 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 access and is sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Dimensional Standards MN MD MR Additional Standards LOT DIMENSIONS (MINIMUM) Lot area 2,500 sq ft None None 3.7.2A Minimum Lot Dimensions Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) Front yard 10 feet None None 3.7.3: Setbacks Side yard None [1] None [1] None [1] Rear yard None [1] None [1] None [1] OTHER STANDARDS361 Building height (maximum) 65 feet [1] [2] 100 feet [1] [3] 100 feet [1] [4] 3.7.5: Building Height Building coverage (maximum) 80 percent 100 percent 90 percent 3.7.6: Building Coverage Single-family detached dwelling, townhome, or duplex If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this 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). November 2019 89 Table 5.2-A: Table of Allowed Uses - Draft P = permitted S = specific use permit required Blank cell = use prohibited P or S = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Residential Uses HOUSEHOLD LIVING Single-Family Detached Dwelling P P P P P P P P 5.3.3.A Townhome S P P P P P 5.3.3.B Duplex S P P P P P 5.3.3.C Triplex P P P P P 5.3.3.C Fourplex P P P P P 5.3.3.C Multifamily Dwelling S P P P S S S 5.3.3.D Tiny Home Development Subject to approval of a planned development (PD); see 5.3.3E Work/Live Dwelling P P P P P P S S 5.3.3.F Manufactured Home Development (HUD CODE) S S 5.3.3.G GROUP LIVING Chapter House S S P Community Home P P P P P P P P P P 5.3.3.I Dormitory S S P Elderly Housing S S P P P P 5.3.3.H Group Home S S S S S S S S 5.3.3.I November 2019 90 91 Date: July 16, 2021 Report No. 2021-050       INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Denton state legislative delegation voting record on select city-related bills (87th Regular Session). BACKGROUND: On July 2, 2021 Council Member Meltzer requested information on how the City of Denton state legislature delegation voted on City-related bills in the 87th Regular Session of the Texas Legislature. The following members of the Texas State Legislature represent the City of Denton:  Representative Lynn Stucky (District 64)  Senator Jane Nelson (District 12)  Senator Drew Springer (District 30) DISCUSSION: Staff requested that our general government legislative consultants, Jackson Walker, compile the voting records of the above members on the following list of city-related bills:  H.B. 872 – Exclusion of utility information from Public Information Act  H.B. 1869 – Limitations on funding of non-bond debt  H.B. 1900 – Prohibition on municipal government law enforcement defunding  H.B. 1925 – Prohibition on camping in public places  H.B. 3069 – Relating to public project liability timeframes  H.B. 4492 – Electric utility securitization bill  S.B. 3 – Utility weatherization bill  S.B. 19 – Prohibits contracts with companies that discriminate against firearm industry  S.B. 23 – Prohibition on county government law enforcement funding  S.B. 877 – Allows third-party building inspectors during a disaster The attached report summarizes the bills listed above and the voting record of each member of the Denton delegation on these pieces of legislation. Each of the bills also lists whether the City of Denton advocated support, opposition or took a neutral position. These positions were provided through a resolution adopted by the City Council or through the adoption of the 2021 City of Denton State Legislative Program. The City of Denton also actively supported or opposed a number of bills that did not gain final passage. A select few of those bills are also provided below:  H.B. 3 – Limits authority of governor and municipal governments during a disaster  S.B. 10 – Prohibition on publicly-funded lobbying activities  H.B. 1399/S.B. 29 & 1646 – Restricting transgender healthcare and athletic opportunities It is important to note that the City’s support or opposition of a bill, and likewise the support or opposition of a member of the Denton delegation, was not a fixed position, but could vary as numerous versions of legislation progressed through both the House and Senate. Additionally, 92 Date: July 16, 2021 Report No. 2021-050       bills that eventually gained final passage may be the result of a significant effort toward a compromise legislation that, while not completely favorable to the City, prevented a much more harmful version from receiving further consideration. CONCLUSION: Staff will continue to submit additional analyses on adopted legislation through the Friday report over the coming months. City staff are very appreciative of the working relationship we have developed with our delegation. While there was not alignment with City policy on all issues, our delegation members were always receptive and open to speaking with the city regarding our concerns. If a Council member has a question regarding any of the bills within this report, please contact the staff below. STAFF CONTACT: Ryan Adams Customer Service & Public Affairs Ryan.Adams@cityofdenton.com Rachel Balthrop Mendoza City Manager’s Office Rachel.Mendoza@cityofdenton.com REQUESTOR: Council member Meltzer 93 Bill Bill Summary Impact on the City of Denton Denton Position Sen. Jane Nelson Sen. Drew Springer Rep. Lynn Stucky Finally Passed?Comments HB 3 Would have limited the authority of the governor during certain disasters, including pandemic disasters. The bill would have required governors to work more closely with the state legislature in future emergencies. If passed, this bill could have had an impact on the scope of various state and local government leaders on future disasters in Texas. Oppose YES YES YES NO This bill died in the final days of the session in Conference Committee. HB 872 Requires a government-operated utility to be excluded from a Public Information Act request for information disclosing whether services have been discontinued or are eligible for disconnection. This bill will now require certain city utilities (such as sewer, gas, and garbage) to disclose information collected as part of an advanced metering system to a customer or a customer's representative if the information directly relates to utility services provided to the customer and is not confidential under law. Support YES YES YES YES HB 1399 This bill sought to prevent a physician from performing a surgery on or prescribing certain medications to a minor for gender modification purposes. No direct impact on the city of Denton operations. Oppose (Resolution)n/a n/a n/a NO This bill passed out of committee in the House but was placed on the House's General State Calendar with too little time to pass. HB 1869 This debt bill went through many iterations before finally passing in a negotiated form that ultimately simply modifies the definition of “debt” for purposes of the debt service property tax rate calculation to include only debt that meets certain clearly elucidated requirements. The city of Denton submitted written testimony speaking to this bill as filed's impact on the city. As finally passed, this bill will change the definition for cities like Denton on how it calcuates city debt. Oppose YES YES YES YES HB 1900 Applies to cities with populations of 250,000 and above. It states that if a municipality with a population over 250,000 reduces its law enforcement budget, the state would deduct money from its sales tax and ban the city from increasing property taxes or utility fees. Any areas annexed within the last 30 years could vote to de-annex, and the municipality would be banned from annexing any further areas. This bill will not apply to the city of Denton because it is bracketed to populations of over 250,000 residents. This bill would have prohibited Denton from taking actions that would affect their public safety budget that could be perceived as "defunding" police departments, but cities of Denton's size were not included in the final bill.Oppose (original version) YES YES YES YES HB 1925 Makes camping in an unapproved public place a Class C misdemeanor, punishable by a fine of up to $500. Cities may not opt out of the ban or discourage enforcement of it. This bill will have statewide implications that will in turn affect the city of Denton. This bill could have implications on Denton's citywide program to combat homelessness. This strategy also requires enhanced engagement from police, who may now find themselves required to take a more punitive approach in dealing with the city’s homeless population. Oppose YES YES YES YES HB 3069 Shortens the time public building owners can sue for defects from 10 years to eight years for public projects. Building owners would have an additional year (instead of an additional two years) to sue for defects discovered in the last year. This bill will require a governmental entity to bring suit against a relevant architect, engineer, interior designer or landscape architect when certain damages occur. Oppose YES YES YES YES HB 4492 "The Securitization Bill" provides a mechanism for recovery of certain costs incurred by various parties, including the electric company, during the extreme weather event in Texas in February 2021. Provides $900 million in securitized financing to ERCOT that can be used to cover the cost of market participants who either defaulted or short paid ERCOT during winter storm Uri. DME will be responsible to ERCOT for its market particpation share of these costs, the amount of which is unknown until the amount securitized is determined. Recovery of the securitized amounts, interest expenses and administrative expenses will be passed on to all ERCOT participants as an administrative charge on all energy transactions in ERCOT over the term of the securitization loan. DME and TPPA supported the House version that went to the Senate but did not take a position on the committee substitutue that ultimately was passed. Support YES YES YES YES SB 3 "The Weatherization Bill" establishes an energy emergency alert system, formalizes the Texas Energy Reliability Council (TERC), and requires weatherization of equipment under threat of civil penalties, among other things. Requires DME to weatherize the Denton Energy Center to prevent a repeat of winter storm Uri. Cost of weatherization has yet to be determined as engieering of options must be done first. Also requires DME to identify critical load facilties and to integrate such into laod shed plans. Additionally requires water and waste water critical facilties to develop emergency plans for prolonged power outages that must be submitted and approved by the PUCT. Nuetral YES YES YES YES SB 10 As filed, it would have prevented cities and counties from using public funds to hire lobbyists. As filed, this bill would have required the city of Denton to refrain from hiring contract lobbyists or outside consultants. The bill was re-worked in the House ultimately resulting in a bill that would have allowed external contracts to remain in place with increased reporting and transparency requirements. Oppose YES YES n/a NO This bill passed the Senate but was postponed several times and ultimately never laid out on the House floor. 87th(R) Denton Delegation Vote List 94 SB 19 Prohibits contracts with companies that discriminate against the firearm or ammunition industries. This bill will prohibit political subdivisions, such as the City of Denton, from entering into a contract for the purchase of goods or services that has a value of at least $100,000 unless the contract contains a written verification from the contracted company that it does not have a policy that discriminates against a firearm entity or firearm trade association and will not discriminate against such an entity or association during the contract term. The bill exempts certain contracts from that prohibition. Oppose YES YES YES YES SB 23 Applies only to county governments with populations over one million. This bill requires cities to hold elections before reducing or reallocating their law enforcement budgets. Municipalities that do so without voter approval would have their property tax revenue frozen. SB 23 will become effective on January 1, 2022. This bill, as passed, will not apply to the City of Denton because it is bracketed to county governents with populations over one million residents. The original version was more broadly targeted to local governments.Oppose (original version) YES YES YES YES SB 29 This bill sought to prohibit the participation of students in interscholastic athletic competitions designated for the opposite sex. No direct impact on the city of Denton operations. Oppose (Resolution)YES YES n/a NO This bill passed out of the Senate but died in the final days of sesion in the House. SB 877 Amends the Local Government Code to authorize a municipal building inspection in an area of a municipality that is subject to a disaster declaration to be performed by additional licensed third-party professionals. This bill will require the city of Denton to accept independent third-party inspections by qualified professionals during a declared disaster to help tackle the backlogs experienced in distaster areas. Support (compromise version) YES YES YES YES SB 1646 This legislation would have prohibited children from receiving puberty suppression prescription drugs, cross-sex hormones, or medical procedures or surgeries for the purpose of transitioning genders or gender reassignment. No direct impact on the city of Denton operations. Oppose (Resolution)YES YES n/a NO This bill passed out of the Senate but did not receive a hearing in House Public health after it was referred in early May. SB 1580 Provides up to $2.8 billion in securitization funds to ERCOT for the defaulting or short paying electric cooperatives. If accessed by the electric cooperatives, the bill provided full securitization of amounts short paid to ERCOT by the cooperatives. Estimated securitization amount is $2.8 billion. If utilized, the recovery of the securitized amounts would be from the customers of the cooperatives. Consequently, DME would likely receive ~$ 9 million of the current $9.4 million in short pay that ERCOT owes DME for sales of energy from the DEC and our renewable energy resources during winter storm Uri. If the securitization funds are not accessed by the cooperatives, DME would likely never be paid the short pay amounts owed. Support YES YES YES YES 95 Date: July 16, 2021 Report No. 2021-051 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: FY20-21 Acceptance of Sponsorships and Donations Update. BACKGROUND: On Februar y 11, 2020, the City Council approved Ordinance 20-169 outlining requirements for accepting sponsorships and donations. Under the new ordinance, Parks and Recreation will provide Council with a report, at least annuall y, which includes information on the sponsorships and donations collected. DISCUSSION: The COVID pandemic significantl y impacted special events and programs that would typicall y collect sponsorships during the first, second and third quarter of FY 20-21. Special events and programs were suspended for a period of time with gatherings of large groups restricted. The Parks and Recreation Department has collected a total of $9,440.59 in sponsorships and donations for the following events, programs or projects: Sponsor/Donor Name First Quarter Sponsorship Value Project/Program Category Parks Foundation $1,000 Vela Art Sculpture Special Project Parks Foundation $258 Signs at Cross Timbers Park Special Project MLK Advisory Board $385 Treat to Trunk Special Event Eaties $10 Treat to Trunk Special Event Denton Police Department $100 Treat to Trunk Special Event Mt. Calvary Baptist $80 Treat to Trunk Special Event Denton Together Coalition $25 Treat to Trunk Special Event J uneteenth $40 Treat to Trunk Special Event J oppa Lodge $51 Treat to Trunk Special Event NAACP $40 Treat to Trunk Special Event 96 Date: July 16, 2021 Report No. 2021-051 Empowered Outreach Church $50 Treat to Trunk Special Event Birdia Johnson for City Council $150 Treat to Trunk Special Event DCTA $700 Treat to Trunk Special Event RSVP $60 Treat to Trunk Special Event SEDNA $25 Treat to Trunk Special Event LJ3 $50 Treat to Trunk Special Event Omega Alpha, Omega Chapter of Alpha Kappa Alpha $396 Treat to Trunk Special Event Denton County Friends of the Family $40 Treat to Trunk Special Event Anonymous $92 ALH Holiday Bags Special Event The Cookie Crave $68 Cookies & Cocoa Drive Thru Special Event Insomnia Cookies $75 Cookies and Cocoa Drive Thru Special Event Eaties $300 Tree Giveaway Special Event Total $3,995 Sponsor/Donor Name Second Quarter Sponsorship Value Project/Program Category Alpha Kappa Alpha Sorority $330 MLK Day Special Event Empowered Outreach Church $27 MLK Day Special Event Donald Cox $20 MLK Day Special Event Crumbl $30 MLK Day Special Event Eaties $1,000 MLK Day Special Event Derrick Reed $100 Bunnies & Baskets Special Event Anonymous $5 Bunnies & Baskets Special Event Birdia Johnson for City Council $90 Bunnies & Baskets Special Event Keep Texas Beautiful / Keep America Beautiful $868 Great American Cleanup Special Event Pan Ector Industries $242 Great American Cleanup Special Event Beth Marie’s Old Fashioned Ice Cream $75 Great American Cleanup Special Event Gnome Cones $40 Great American Cleanup Special Event 97 Date: July 16, 2021 Report No. 2021-051 Raising Cane’s Chicken Fingers $342 Great American Cleanup Special Event University of North Texas $760 Mountain Bike Trail Building Special Project Total $3,929 Sponsor/Donor Name Third Quarter Sponsorship Value Project/Program Category Thistle Creative $20 Redbud Festival Special Events Valley Creek Church $218 Outdoor Volunteers Volunteer Programming Holly’s Garden $1,000 Craft Programs Recreation Programming Southwest Funding – Travis Scott $100 Family Campout Special Event Birdia Johnson $100 Family Campout Special Event Raising Cane’s $78.59 Family Campout Special Event Total $1,516.59 CONCLUSION: The Parks and Recreation Department will continue to seek sponsorships and donations in an effort to enhance and subsidize the costs of programs, events, and projects. STAFF CONTACT: Jennifer Eusse Special Event Supervisor Parks and Recreation Jennifer.Eusse@cit yofdenton.com PARTICIPATING DEPARTMENTS: Parks and Recreation Department STAFF TIME TO COMPLETE REPORT: Parks and Recreation Department 1 hour Total Staff Time 1 hours 98 99 Council Requests for InformationCompleted Council Member Requestor DateSummary of RequestStaff AssignedDepartmentComments1Council Member Armintor06/03/21I'm proposing a 1-minute pitch for a work session on making city boards and committees moreinclusive and accessible for the public to serve and participateRosa RiosCity Secretary's OfficeStaff will schedule this during the July 20 pending Council requestwork session2Council Member Beck06/16/21Can the City Attorney provide a very short ISR on existing methods to get items on the agenda aswell as the powers in the charter or TLGC that are the basis for those current mechanismsCatherine CliftonLegalStaff is developing the information and will provide in an upcomingLegal Status Report3Mayor Pro Tem Meltzer06/30/21Can staff provide inforrmation about aebestos removal that was posted online?Scott McDonaldDevelopment ServicesInformation is provided in the July 16 Friday Report4Council Member Davis07/01/21Can staff provide inforrmation about aebestos removal that was posted online?Scott McDonaldDevelopment ServicesInformation is provided in the July 16 Friday Report5Mayor Pro Tem Meltzer07/02/21Can our our legislative consultants to provide a scorecard showing whether each of the members ofour legislative delegation voted in accordance with the city’s position or not on bills we advocated foror against.Ryan AdamsPublic AffairsInformation is provided in the July 16 Friday Report6Council Member Armintor07/08/21Can someone identify on the map what part(s) of the 1999 Deerwood ESA have already beendeveloped and when, as well as the acreage?Deborah Viera, Hayley Zagurski Development ServicesEnvironmental ServicesInformation is provided in the July 16 Friday Report7Council Member Armintor07/08/21I would love to see the 1999 and 2020 ESA guidelines so I can compare them to today's ESArequirements, including but not limited to the minimum acreage threshold for an Upland Habitat.Deborah Viera, Hayley Zagurski Development ServicesEnvironmental ServicesInformation is provided in the July 16 Friday Report8Council Member Maguire07/10/21Are there any plans to install a raised crosswalk or all-way stop at the intersection of Forrestridgeand Ryan Rd.? Will we be keeping the all-way stop at Montecito and Ryan Rd.? Are there any otherplans for traffic calming measures in the works?Rachel WoodCIP - Capital ProjectsInformation is provided in the July 16 Friday Report9Mayor Pro Tem Meltzer07/11/21Can staff provide information about construction sight-obstructions and the bypass to the SouthBranch Library related to the construction on Teasley Ln?Rachel WoodCIP - Capital ProjectsInformation is provided in the July 16 Friday Report10Mayor Hudspeth07/13/21Can staff check on construction traffic on Monte Carlo?Scott McDonaldDevelopment ServicesInformation is provided in the July 16 Friday Report11Council Member Beck07/13/21Can staff provide a list of ESAs in 2002 compared to 2021 (as Deb requested) and note which of thedifferences were from the 10-acre arbitrary designation.Deborah Viera, Hayley Zagurski Development ServicesEnvironmental ServicesInformation is provided in the July 16 Friday Report and staff willcoordinate with the Council Member to schedule a one-minute pitchif desired.12Council Member Beck07/13/21Can we put a moratorium on delisting ESAs, given the importance of even small-green-corridors.Deborah Viera, Hayley Zagurski Development ServicesEnvironmental ServicesInformation is provided in the July 16 Friday Report and staff willcoordinate with the Council Member to schedule a one-minute pitchif desired.13Council Member Armintor07/13/21see a list of all ESAs delisted since Jan 1 2020 in an upcoming staff report, along the dates of thosedelistings and a map of those locations. Is it generally permit applications that trigger ESAs underthe 10-acre minimum to get delisted by staff?Deborah Viera, Hayley Zagurski Development ServicesEnvironmental ServicesInformation is provided in the July 16 Friday Report14Mayor Pro Tem Meltzer07/13/21What’s the timing and process for redistricting council districts?Rosa Rios, Ryan Adams City Secretary's Office PublicAffairsInformation is provided in the July 16 Friday Report15Mayor Pro Tem Meltzer07/14/21A constituent asks what rules and restrictions would apply to someone opening a cat cafe—a cafelike any other but where cats are wandering around to be petted by customers.Charles RosendahlDevelopment ServicesStaff has provided information to the Council Member16Mayor Pro Tem Meltzer07/15/21Can staff assess a resident's social-distancing concerns at Rec Centers?Nikki SassenusPublic Works -ParksStaff has provided information to the Council Member17Council Member Beck07/15/21Can staff look at a resident's claim of damage on Huntington Dr. where construction was nearbyRachel WoodCIP - Capital ProjectsStaff will provide information about the claim to the Council Member18Council Member Armintor07/15/21Can staff provide information about a resident's concerns about permitting in the ETJ?Scott McDonaldDevelopment ServicesStaff has provided information to the Council Member19Council Member Byrd07/15/21Can staff assess a business owner's concerns about tables on the sidewalk in downtown?Dani Shaw, Scott McDonald Community ServicesDevelopment ServicesStaff has contacted the business and will continue to follow up withany issues.20Council Member Maguire07/15/21Can staff provide information about (double) fence requirements?Charles RosendahlDevelopment ServicesStaff has provided information to the Council Member100 July 2021 Sun Mon Tue Wed Thu Fri Sat 1 8:00 a.m. Agenda Committee Cancelled -8:30 am – DEDC Public Art – 4pm 2 3 4 5 No Council Luncheon 4th of July Holiday 6 No Council Meeting 7 8 3:00 pm - Health & Building Standards 9 10 11 12 9:00 am – PUB Cancelled 5 pm - HLC 5:30 p.m. Library Board 6:00 p.m. P &R Beautification Board 13 No Council Meeting 14 11:00 am - EDPB 5:00 p.m. P&Z Commission 5:30 pm - AAB 15 3:00 pm – CoPwD 3:00 pm - Health & Building Standards 16 12:00 pm Joint – CDAC & HSAC 17 18 19 CANCELLED-11:30 am - Traffic Safety Commission 20 2:00 pm - CC Work Session 6:30 pm - CC Regular Session 21 9:00 am - Mobility Committee CANCELLED-11:00 a.m. Development Code Review Committee 22 3:00 pm – Health & Building Standards Commission 23 1:00 pm Sustainability Framework Advisory Committee CANCELLED-1:00 pm Audit/Finance 24 25 26 9:00 am - PUB 27 2:00 pm - 4th Tuesday Session 5:00 pm Zoning Board of Ajustment 28 12:00 pm - TIRZ No.1 5:00 pm P&Z Commission 29 3:00 pm – Health & Building Standards Commission 3:00 pm Board of Ethics 30 31   101 August 2021 Sun Mon Tue Wed Thu Fri Sat 1 2 9:00 am COE 11:30 am Council Luncheon 3 2:00 pm CC Work Session 6:30 pm CC Regular Session 4 5:00 pm P&Z Commission 5 8:00 Agenda Committee8:30 a.m. DEDC 12:00 pm – Bond Committee 3:00 pm – Health & Building Standards Commission 6 7 8 9 9:00 am PUB 5:30 p.m. Library Board 10 2:00 pm 2nd Tuesday Session 11 11:00 a.m. EDPB 5:30 pm - AAB 12 13 14 15 16 11:30 am Traffic Safety Commission 17 2:00 pm CC Work Session 6:30 pm CC Regular Session 18 9:00 am Mobility Committee 11:00 a.m. Development Code Review Committee 19 20 9:00 a.m. Community Development Advisory Committee 12:00 p.m. HSAC 21 9:00 am Council Retreat 22 23 9:00 am PUB 24 2:00 pm 4th Tuesday Session 25 12:30 p.m. Development Code Review Committee 26 3:00 pm Board of Ethics 27 1:00 pm – Audit/Finance 28 29 30 31 No Council Meeting  102   September 2021 Sun Mon Tue Wed Thu Fri Sat 1 2 8:00 am Agenda Committee 8:30 a.m. DEDC 3 4 5 6 LABOR DAY HOLIDAY No Council Luncheon 7 No Council Meeting 10:00 am Community Engagement 8 11:00 a.m. EDPB 5:30 pm - AAB 9 3:30 p.m. Library Board 10 11 12 13 9:00 am PUB 14 2:00 pm 2nd Tuesday Session 15 16 3:00 Committee on Persons w/ Disablilites 17 18 19 20 11:30 am Traffic Safety Commission 21 2:00 pm CC Work Session 6:30 pm CC Regular Session 22 9:00 am Mobility Committee 12:00 p.m. TIRZ No.1 23 24 1:00pm Audit/Finance 25 26 27 9:00 am PUB 28 10:00 am - CAC No Council Meeting 29 30 3:00pm - Board of Ethics  103 Meeting Date Item Legistar ID Departments Involved Type Estimated Time Budget presentations: DME, Customer Service, Traffic, Engineering, Facilities, Airport 21-455 Finance DME, Streets, Traffic, Engineering, Facilities, Airport Budget 60-90 minutes Denton Parks Foundation Annual Plan & Contract 21-1367 Parks Finance, Legal City Business 30 minutes Economic Development Catalyst Fund 21-1397 Economic Development Finance City Business Internal Audit - Building Permits 21-703 Internal Audit Development Services, CMO Internal Audit Report 30 minutes One-Minute Pitches: Armintor (Inclusive boards and committees)21-759 CMO City Secretary's Office, Capital Projects, Legal Council Request Less than 30 minutes Budget presentations: Solid Waste, Water, Wastewater/Drainage, Fleet, Streets, Development Services (includes Real Estate), Enviromental Services 21-456 Finance Solid Waste, Water/Wastewater, Fleet, Customer Service, Development Services Budget 60-90 minutes American Rescue Plan 21-1054 Finance Community Services, Economic Development City Business 30-60 minutes Internal Audit - Water Distribution 21-982 Internal Audit Water, CMO Internal Audit Report 30 minutes Streets Fund 21-854 Finance Capital Improvement, Streets Council Request Davis (2/17/21)30-60 minutes One-Minute Pitches: 21-760 CMO Development Services, Legal Council Request Less than 30 minutes August 2, 2021 (Budget Workshop)Budget Workshop 21-1087 Finance Budget 5-6 Hours Comprehensive Plan Update 21-1278 Development Services Legal Council Priority 60-90 minutes DDC Tree Preservation Review 21-1162 Development Services Parks Council Requested Meltzer (5/11/21)60-90 minutes Form-Based Zoning TBD Development Services Council Requested Meltzer (5/18/21)30-60 minutes One-Minute Pitches: 21-1088 City Manager's Office Community Services, Legal Council Request Less than 30 minutes Capital Improvent Program and Five-Year Financial Forecast 21-458 Finance CIP/Engineering, Public Works, Solid Waste, Water/Wastewater, DME Budget 30-60 minutes Fire Station 9 TBD Fire/Finance Council Request Less than 30 minutes Westgate Street Discussion 21-1268 CIP/Engineering Follow Up Discussion 60-90 minutes City Initiative to Increase COVID Vaccinations 21-1321 City Manager's Office Fire Council Requested Maguire (5/25/21)30-60 minutes One-Minute Pitches: 21-1089 City Manager's Office Council Request Less than 30 minutes Capital Improvent Program and Five-Year Financial Forecast 21-459 Finance CIP/Engineering, Public Works, Solid Waste, Water/Wastewater, DME Budget 30-60 minutes Development Districts Policy, Public Improvement District Policy 21-1271 Economic Development Finance, Development Services, Legal City Business, Council Request Davis (5/11/21) 60-90 minutes Economic Development Incentive 21-1361 Economic Development City Business 30-60 minutes One-Minute Pitches: 21-1090 City Manger's Office Council Request Less than 30 minutes August 21, 2021 (Council Retreat) Council Retreat: Discussion includes Council Dynamics, One- Minute Pitch Process, Council Priorities TBD City Manager's Office Legal Annual Retreat, Council Requested Armintor (5/25/21) 5 hours July 20, 2021 (Regular) July 27, 2021 (Special) August 3, 2021 (Regular) Tentative Work Session Topics and Meeting Information Updated: July 16, 2021 Other Major Items for Meeting: Tenaska Data Center Rezoning (Public Hearing), DCTA GoZone Resolution (IC) Other Major Items for Meeting: Tenaska Purchase Power Agreement (Closed and Individual Consideration) Other Major Items for Meeting: Other Major Items for Meeting: Closed Sessions: Municipal Judge and Internal Auditor performance reviews Other Major Items for Meeting: August 10, 2021 (Special) August 17, 2021 (Regular) *This is for planning purposes only. Dates are subject to change.104 Capital Improvent Program and Five-Year Financial Forecast 21-460 Finance CIP/Engineering, Public Works, Solid Waste, Water/Wastewater, DME Budget 30-60 minutes Internal Audit - Payroll Administration Audit 21-1267 Internal Audit Finance Internal Audit Report 30 minutes Bell Avenue Discussion 21-1478 Capital Projects City Business 60 minutes One-Minute Pitch: 21-1091 City Manager's Office Council Request Less than 30 minutes Sepetember 6, 2021 September 7, 2021 Internal Audit - EMS Billing & Collection Audit 21-1269 Internal Audit Fire Internal Audit Report 30 minutes Non-Discrimination Ordinance Research TBD City Manager's Office Legal Council Request Maguire (6/15/21)60-90 minutes Southwest Park Master Plan 21-553 Parks and Recreation Bond Project 60 minutes Interactive Fountain/Sculpture at Rayzor Ranch Park TBD Parks and Recreation Economic Development, Finance Council Request Davis (4/13/21)30 minutes Comprehensive Solid Waste Management Strategy 21-1409 Solid Waste One Minute Pitch: 21-1272 City Manager's Office Council Request Less than 30 minutes Parkland Dedication and Development Ordinance 21-109 Parks and Recreation Legal, Finance City Business Affordable Housing Plan 21-1419 Community Services City Manager's Office, Development Services Council Priority 60-90 Minutes Internal Audit - Water Production 21-981 Internal Audit Water, CMO Internal Audit Report 30 minutes One-Minute Pitch:21-1273 City Manager's Office Council Request Less than 30 minutes FY 2021-22 Annual Audit Plan 21-1319 Internal Audit Internal Audit Report 30-60 Minutes Stormwater Master Plan 20-1415 CIP/Engineering City Business 60-90 Minutes One-Minute Pitch:21-1274 City Manager's Office Council Request Less than 30 minutes Item Legistar ID Departments Type Estimated Work Session Date Redistricting Update TBD City Secretary's Office City Business Fall 2021 Construction Code Review 21-735 Development Services City Business ETJ - Lake Ray Roberts 21-738 Development Services City Business Tourism Public Improvement District Update 21-1332 Economic Development City Business October 12, 2021 Leak Adjustment Ordinance 21-557 Water/Wastewater City Business Economic Development Programs and Policy Discussions 21-1330 Economic Development City Business October 12, 2021 City Holidays TBD Human Resources City Business October 2021 Closed Session: City Attorney interviews TBD Human Resources City Business Late-August/Early- September 2021 DME Cost of Service TBD DME City Business November 2021 DME Transmission Cost of Service TBD DME City Business October 2021 Electric Service Standards TBD DME City Business September 2021 Community Services Annual Grant Program Overview (Multiple Sessions)TBD Community Services City Business October/November 2021 One-Minute Pitch:21-1416 - 10/12 City Manager's Office Council Request October 12, 2021 Less than 30 minutes One-Minute Pitch:21-1417 - 10/19 City Manager's Office Council Request October 19, 2021 Less than 30 minutes One-Minute Pitch:21-1418 - 10/26 City Manager's Office Council Request October 26, 2021 Less than 30 minutes Item Dates Departments Type Estimated Work Session Date FY 2022-23 Budget Development February - October 2022 Finance All other departments Budget Summer 2022 Affordable Housing Plan (Multiple Sessions Likely)Ongoing - Fall/Winter 2021 Community Services City Manager's Office, Development Services Council Priority November 2021 Comprehensive Solid Waste Management Plan Ongoing - Fall/Winter 2021 Solid Waste and Recycling Council Priority November 2021 Mobility Plan Ongoing - Fall 2021 Engineering Public Works, Development Services Council Priority October 2021 September 28, 2021 (Special) Council Priorities and Significant Work Plan Items to be Scheduled September 14,2021 (Special) Work Session Dates to be Determined Other Major Items for Meeting: Other Major Items for Meeting: Budget Public Hearings NO MEETING - Labor Day NO MEETING - Labor Day Other Major Items for Meeting: Consideration of budget adoption September 21, 2021 (Regular) August 24, 2021 (Special) Other Major Items for Meeting: *This is for planning purposes only. Dates are subject to change.105 Item Date Approved Department Estimated Hours to Complete Requestor Flag Policy Discussion June 15, 2021 City Manager's Office Legal 20-35 hours Armintor UNT Parking Agreements June 15, 2021 Engineering Legal, Development Services 20 hours Hudspeth Relevance of Committees June 8, 2021 City Secretary's Office City Manager's Office, Legal 20 hours Hudspeth Off-premise Signs June 8, 2021 Development Services Legal 60-80 hours Davis Ranked-Choice Voting for Council and Committee Board Officers May 25, 2021 City Secretary's Office City Manager's Office, Legal 20-30 hours Beck Approved Council Request Work Sessions to be Scheduled *This is for planning purposes only. Dates are subject to change.106 1 Street Closure Report: Upcoming ClosuresSCR July 19th - 25thStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact1Bell AveTexas StWithers St07/31/21 08/23/21 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane2Bell AveWithers StMingo Rd08/24/21 10/05/21 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane3Bell AveatMingo Rd09/02/21 09/17/21 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane4Bernard StHickory StChestnut St10/06/21 11/16/21 Water Distribution will bereplacing the water main lineand services.WaterTiffany Sherrane5Colorado Boulevard Valley Creek RoadSan Jacinto Boulevard 07/26/21 08/26/21 Building a right-turn lane intothe new Vista Verde project onthe west side of Colorado. Theright lane will be closed whileoperations are being performedto add the turn lane.Public Works Inspections Robert Plato6Montecito DrBuena VistaPalo Verde07/26/21 08/27/21 Concrete Sidewalk Repair.Remove failed sections andinstall new concreteStreetsRobbin WebberPage 1 of 1Exported on July 16, 2021 10:32:23 AM CDT107 2 Street Closure Report: Current ClosuresStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact1Bell AveAdministration DrTexas St07/02/21 07/30/21 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane2Bell AveatMckinney St07/03/21 09/01/21 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane3Bonnie BraeIH 35EScripture06/15/20 07/30/21 North South Water Main Phase3StreetsRobin Davis4Bonnie Brae (SB)OakHickory06/14/21 09/22/21 This block is closed tosouthbound traffic only, detoursare posted. Northbound lanestill open. Installation of electricduct banks for DME substationproject and steel casing forwater main projectOtherMark Zimmerer5Carroll Blvd (SB)StroudHighland07/19/21 08/20/21 Concrete Street Panel andSidewalk Repair. The processstarts with Barricading the failedsections of concrete pavement,remove the pavement, andinstall new concrete.Streetsrobbin.webber@cityofdenton.com6Chebi LaneOld North RoadFreedom Lane06/21/21 09/10/21 Full width pavementreplacement and subgradeimprovement.Engineering StreetsKyle Pedigo7College Park DrPeach StEnd of College Park Dr 06/28/21 09/24/21 Wastewater collections will beinstalling a new wastewatermain line and services.WastewaterTiffany Sherrane8Dakota LnAirport RdShelby Ln07/20/21 07/23/21 Water Distribution will beinstalling a new water main lineand services.WaterTiffany Sherrane9Deerwood PWYKings RowGrant PWY07/06/21 08/06/21 Sidewalk RepairStreetsRobbin Webber10EagleLocustElm06/28/21 07/30/21 Patching of utility trench lines. EngineeringSeth Garcia11ElmHickoryEagle05/11/20 07/30/21 PEC 4 Utility ProjectEngineeringSeth Garcia12Elm StreetEagle Drive(dead end)05/17/21 09/30/21 Atmos Energy will be closingstreet intermittently to replaceand relocate an existing gasmain and service linesAtmosAlice Province13Fowler DrCollege Park DrPeach St06/28/21 09/24/21 Wastewater collections will beinstalling a new wastewatermain line and services.WastewaterTiffany Sherrane14Hickory St WestWelchBernard07/15/21 07/23/21 The intersection of Welch andW. Hickory will be completelyclosed for pavementreplacement.Engineering StreetsKyle Pedigo15Hickory StreetWelchCarroll08/31/20 09/04/21 Construction is set to begin onWest Hickory Street between N.Welch Street and Carroll Blvd inOctober of 2020 and continuethrough September of 2021.Detailed lane closureinformation is forthcomingpending approval of thecontractor's phasing and trafficcontrol plans.EngineeringKyle Pedigo16Lido Way and Balboa Court Bell AvenueEnd07/05/21 09/01/21 Full width pavementreplacement and subgradeimprovement.Engineering StreetsKyle Pedigo17LocustEagleHickory06/28/21 07/30/21 Patching of utility trench lines. EngineeringSeth GarciaPage 1 of 2Exported on July 16, 2021 10:32:35 AM CDT108 Street/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact18MckinneyduchessGlengarry02/01/21 12/24/21 McKinney - Mayhill IntersectionThis project is widening theintersection and 600' each wayto match existing conditionsalong McKinney. Also includeswater, wastewater, anddrainage improvements.EngineeringTrevor Crain19Mistywood LaneOld North RoadCraig Lane06/21/21 09/10/21 Full width pavementreplacement and subgradeimprovement.Engineering StreetsKyle Pedigo20Oak StreetBell StreetUPRR Railroad02/01/21 08/28/21 Adding drainage line to OakStreet as part of the DowntownStorm Sewer Project.Engineeringkyle.pedigo@cityofdenton.com21Peach StN Locust DrFowler Dr06/28/21 09/24/21 Wastewater collections will beinstalling a new wastewatermain line and services.WastewaterTiffany Sherrane22RineyBonnie BraeHardaway07/06/20 07/30/21 Removing panel to adjust valvestack and center gate valve nut.Replace panel after adjustingvalve stack. Traffic control upfrom 8am-5pmPrivate Development PublicWorks InspectionsJeremiah Tillman-David23ScriptureBonnie Brae1, 300 ft. to the West03/22/21 08/26/21 Reconstruct; Scripture fromBonnie Brae to approximately1,300 ft. to the west . Thisincludes removal andreplacement of failed sectionsof curb and gutter. Milling of theold asphalt pavement and thestabilization of subgrade andthe installation of new asphaltpavement.Phase I East Bound OutsideLanePhase II West Bound OutsideLanePhase III Middle LaneStreetsrobbin.webber@cityofdenton.com24Walnut StreetLocust StreetElm Street05/17/21 09/30/21 Atmos Energy will beexcavating street to completereplacement /relocation of theirexisting gas mainAtmosAlice Province25Western BlvdJim ChrystalAirport Rd06/01/21 08/02/21 PH1- Installing sewer lineacross Western from median toprivate property. PH2- Medianremoval, future pour for TurnLanesPrivate Development PublicWorks InspectionsJeremiah Tillman-David26Windsor Dr EastHanover DrLongfellow Ln06/01/21 07/30/21 Complete street reconstructiononly allowing resident onlytraffic.EngineeringDustin Draper27Windsor Dr EastNottinghamBranch Crossing06/14/21 08/27/21 Roadway reconstruction EngineeringDustin.Draper@cityofdenton.co28WoodhavenMistywoodEmerson04/05/21 08/12/21 This project will consist of theremoval and replacement offailed sections of curb andgutter, the milling off the oldasphalt and base material, limestabilize the subgrade and theinstallation of new asphaltpavement.Streetsrobbin.webber@cityofdenton.comPage 2 of 2Exported on July 16, 2021 10:32:35 AM CDT109 3 Street Closure Report: Completed ClosuresStreet/ IntersectionFromToClosure StartDateClosure EndDateDescriptionDepartmentDepartment Contact1Amherst DrGeorgetown DrMalone St04/15/21 06/25/21 Water Distribution will beinstalling new water main andwater services.WaterTiffany Sherrane2Bell AveMcKinney StreetHickory Street02/01/21 07/02/21 Closures starting 6/1/21.Various traffic shifts will berequired at the intersection ofBell and Oak (betweenMcKinney and Hickory) in orderto cross Bell with a newdrainage line on Oak Street.Engineeringkyle.pedigo@cityofdenton.com3Boxwoodat Chittamwood3800 Boxwood06/07/21 06/25/21 Concrete Street Panel andSidewalk Repair. Remove thepavement and install newconcrete.StreetsRobbin Webber4Bryan StreetJagoeScripture07/02/21 07/02/21 Flagging traffic to offloadequipment from the job sitePublic Works Inspections Stephany Trammell5Caddo CircleChamplianCul v Sac06/14/21 07/09/21 Concrete Sidewalk Repair.remove failed sections ofconcrete Sidewalk, remove, andinstall new concreteStreetsRobbin Webber6Carroll Blvd (SB)EganPanhandle05/31/21 07/16/21 Concrete Street Panel Repair.The process starts withBarricading the failed sectionsof pavement, remove thepavement and subgrade, andinstall new concrete pavement.Streetsrobbin.webber@cityofdenton.com7Creekdale DriveDead EndRaintree Way06/28/21 07/09/21 Mill/OverlayStreetsRobbin Webber8Crestmeadow Street WindsorBauer05/31/21 06/18/21 Curb and Gutter Repair: Theprocess starts with barricadingthe failed sections and theninstalling new Curb and Gutter.Streetsrobbin.webber@cityofdenton.com9NottinghamUnversity (US380)500 feet to the south06/02/21 07/14/21 Milling and turn lane additionwith a siganl upgrade.EngineeringDustin Draper10Riverchase TrailStoneway DriveCreekdale Drive06/28/21 07/09/21 Mill/OverlayStreetsRobbin Webber11UlandRailroadRose02/11/21 06/21/21 Wastewater collections will beinstalling a new wastewatermain line and services.WastewaterTiffany Sherrane12WindorBonnie BraeParkside Dr06/21/21 07/05/21 18" SS LinePrivate Development PublicWorks InspectionsJeremiah Tillman-David13Windsor Dr EastHanover DRLongfellow LN06/01/21 06/30/21 Complete street reconstructionis being preformed. As shown inthe attached TCP the road willbe closed and resident onlytraffic will be allowed fromLongfellow to Bristol ST.EngineeringDustin DraperPage 1 of 1Exported on July 16, 2021 10:32:45 AM CDT110