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June 8, 2010 MinutesCITY OF DENTON CITY COUNCIL MINUTES June 8, 2010 After determining that a quorum was present, the City Council convened in a Work Session on Tuesday, June 8, 2010 at 4:00 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Burroughs, Mayor Pro Tem Kamp, Council Member Engelbrecht, Council Member Gregory, Council Member Heggins, Council Member King, and Council Member Watts. ABSENT: None 1. Receive a report, hold a discussion, and give staff direction regarding amendments to the Rayzor Ranch Overlay District (RROD) Section 35.7.15 of the Denton Development Code (DDC) (Z10-0010, Rayzor Ranch South Town Center). Specifically, the applicant's proposal includes: a. Modifying certain previously approved development standards, b. Proposing an increase to Multi-family density on the Southern Tract, c. Replacing the previously approved Master Site Plan with a Conceptual/Schematic Plan on the Southern Tract, d. Amending and adding definitions to land uses e. Amending and defining landscape guidelines, f. Amending and defining architectural guidelines, and g. Amending and defining signage guidelines. Chuck Russell, Planning Supervisor, stated that the focus of his discussion would be to bring Council up to speed on the latest application that had been submitted for amendments to the south side overlay district. The south side site plan had been committed to by the previous developer and the situation had changed since the site plan was adopted. The main concern of the current developer was that there was no way to constrict the south side as previously proposed. The developer was still committed to a similar outside style mall but the building footprints would not be in the same place. The developer was asking for flexibility to move areas around in the development. The detailed site plan would be replaced with a conceptual site plan to move development around on the site. The developer was proposing three sub-districts: the Town Center (RR-1), South RR-2 and South Mixed Use area. The intent was to develop approximately 1,000,000 square feet of commercial uses on the Southern Tract which would include the Town Center, standalone retail, restaurants and grocery store uses within the South RR-2 area. The area designated as Town Center would deviate from the approved Master Site Plan in that the actual layout with specifically identified buildings, parking lots and open spaces would be replaced with a more conceptual plan. This would allow the developer flexibility in design and the ability to accommodate future tenant needs while still delivering a viable high quality outdoor shopping center. The current site plan allowed for approximately 185 single family detached units, 496 single family attached units and up to 750 multi-family units on the Southern Tract. The proposal was to have an additional 1,050 multi-family units within a City of Denton City Council Minutes June 8, 2010 Page 2 "Density Zone" boundary. The Southern Tract would also include approximately 18.21 acres of park land that would include a 15-acre central park that was planned to contain an outdoor entertainment facility and one or two museums. A question had been raised on how the city would know it was getting high quality landscaping and detail if there was no detailed plan. Russell explained that the developer would not received any economic incentives until 600,000 square feet of commercial development had been completed which would mainly be the future mall space. The developer had committed to the architectural guidelines for the Town Center, the signage package and the landscaping. All development on the south side would have to have site plan approval prior to the issuance of a building permit which provided the level of assurance that all necessary details would done before building started. Mayor Burroughs stated that he had no problem undoing the super detail plans. His issue was on the balances struck with percentages and the amount of square feet dedicated to certain uses. Russell stated that there would be general areas with combinations of uses. There was a guarantee of a minimum threshold of commercial. The developer could not have any economic incentives until there was a certain amount of retail. Prior to a building permit for multi-family there would have to be 600,000 square feet of retail foundation laid and accepted by the city. Mayor Burroughs questioned that the original number for retail development was 1 million square feet. Russell replied that the 600,000 was the minimum amount. It was anticipated that the three big boxes on the south side would help take up the square footage. Mayor Burroughs stated that would it be possible that the 600,000 square feet would be all that was built while the current zoning mandated at least a million square feet. Russell stated that there was nothing that required the developer to build the entire commercial as shown on the current site except for the 380 incentive agreement. Mayor Burroughs stated that under the current plan if the million square footage of commercial wasn't done, nothing else could be built on that site. The current site plan was too detailed with the property unable to be used for anything else. With the new proposal, the developer could build something different as long as it was allowed under the proposed zoning category. Russell stated that RR-2 would allow for a variety of commercial uses which was the point of the change. Other than the mall development, there wasn't a guarantee that all of the property in the concept area would be commercial uses. Council Member Gregory asked if the 600,000 square foot total before incentives was for the total amount of commercial for north and south. Russell stated that it was just for the south as there were separate agreements for the north and south sides. City of Denton City Council Minutes June 8, 2010 Page 3 Council Member Gregory felt that it would be helpful to look at what was currently approved for the south side but also helpful to have numbers in square feet or acres of what the concept plans would be. He suggested a comparison chart of the current and proposed plans. Mayor Burroughs stated that the concept plan would have ranges instead of exact amounts. Council Member Gregory stated that he wanted to see how residential was fitting on the land and whether it was the same amount of land or a smaller amount of land. Council Member Watts stated that with the specific site plan, it was known that a particular building would be in a particular location. He was concerned that with the concept plan there wasn't a guarantee of what would go where in the development. He questioned at what stage a specific site plan would be presented for approval. Russell stated that staff would provide a detailed menu of the list of permitted uses for each of the three pieces. Council Member King stated that the flexibility might be insurance that there would be more constriction. It would provide more ability to build versus the developer couldn't build because it wasn't what was proposed. Russell stated that Council was not approving a blank check. They would be approving a bubble and approving what would happen in the bubble with layers of protection. Council Member Heggins questioned the number of single family attached and detached homes and whether the numbers would change or remain the same. Russell stated that the numbers presented were the maximum and could go down. Mayor Burroughs stated that part of the reason for the incentive and flexibility was the desire to help to create a mixed use development for a positive impact on the city. He asked if there was any way to lock in the ability if a large hospital developed in the area to not go a tax exempt status. Mark Cunningham, Director of Planning and Development, stated that the City could not regulate ownership and could not say that a property had to stay taxable. Mayor Burroughs asked if a condition could be used that for a certain amount of time property would have to remain taxable. Linda Ratliff, Director of Economic Development, stated that it was already in the 380 agreement that the developer would not sell property to a tax exempt entity except for the two museum sites and the DME substation. Russell continued with the density provisions. He stated that currently 750 apartments could be built with the approved plan. With the proposed plan, the total density would increase to 1800 multi-family units. The focus would be that all but 750 of the units would be in one location which was labeled as the "multi-family density zone". Staff had developed a list of items that City of Denton City Council Minutes June 8, 2010 Page 4 had to be done for increased density which included the concept plan, the site plan, Traffic Impact Analysis/platting, permit milestones, design standards, sustainability, jobs to units and other projects. In terms of permit milestone, there would be no multi-family units started until there was the required amount of retail started in foundation form. The developer still had to commit to design standards. In terms of sustainability, there were concerns that with the additional multi-family, how much retail would be needed to have the project survive; the critical mass of people living nearby to keep the retail going. Council Member Gregory stated that he would like to see projections for the range of persons per unit or the total number of persons living in the new development. Russell stated that the developer had committed to no more than three bedrooms per unit. Council Member Gregory asked if the overall mix of residential could be higher for multi-family if the single family attached or single family detached did not happen. He felt that he would like certain parcels designated as single family only. Russell stated that the concept plan opened up the area and allowed for combinations of areas. Council Member Watts stated that he had no problem with the number of multi-family units proposed but rather with the quality. There was a difference between student housing and housing for young professionals. He understood that the multi-family would be for young professionals or retired individuals and that the quality of the units would be a different standard than for student housing. He questioned how to lock in the design standards for higher end multi-family. He had no problem with the density if it were done right. Russell stated that spoke to the hurdles the developer had to go over to get a building permit. There was a basic set of architectural standards in place now and the developer had agreed to add to them as he developed. Mayor Burroughs indicated that this had been done before with planned developments since the overlay conditions provided a series of elevations and so long as the project was substantially like the elevations presented, they would be permitted. Those could also be modified in the future with a variance if needed. Russell stated that the developer had already agreed to at least two elevations and had provided a sample of what they were proposing for illustrative purposes only. Council Member Watts stated that the multi-family still had general standards for such things as constriction materials that would show quality and still give flexibility. Russell stated that the City and the developer were still not in complete agreement regarding landscape requirements. One issue was the amount of landscape and tree canopy coverage to be provided on the south side. The developer had agreed to plant trees in the parking lot to break up the parking lot surface parking and had agreed to the code standards. However, the developer had a set amount of money for this project and there were all kinds of amenities. As a trade off, the developer was suggesting to not worry about how many trees were in the parking lot, if they committed to a level of land for landscaping in the parking lots. They were questioning whether City of Denton City Council Minutes June 8, 2010 Page 5 it was important to Council to have bigger trees in the parking lots or have more trees on the main streets in view of the public. Mayor Burroughs stated that it would depend on how it was laid out. He would not want to see a large blacktop mass as opposed to a triple amount of landscaping in the parking lot. Mayor Pro Tem Kamp stated that she would like to consider both. She asked if there would be a parking garage. Russell stated that there would not be a parking garage. The surface parking would ring the mall in order to have visibility of the buildings. The parking was in about fourteen different areas with landscaping all around them. Islands would be breaking up the parking spaces. It was suggested to have bigger tress and less number to provide for a better canopy. Council Member Watts felt that there needed to be a balance and suggested wider areas with berms and not just a tree in one little area. Mayor Pro Tem Kamp suggested planting native Texas plants. Council Member Gregory indicated that he would like a parking lot similar to the Austin one shown Council rather than ones here in Denton which were large blacktopped areas with no landscaping. Russell stated that staff and the developer were still working through the components for signage and architectural packages. The Council went into Closed Session at 5:35 p.m. 1. Closed Meeting: A. Deliberations regarding Consultation with the City Attorney - Under Texas Government Code Section 551.071, Deliberations regarding Economic Development Negotiations - Under Texas Government Code Section 551.087. 1. Receive a report and hold a discussion regarding legal issues on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional conduct of the State Bar of Texas clearly conflicts with the provisions of the Texas Open Meetings Act, Chapter 551 of the Texas Government Code. Also hold a discussion regarding granting economic development incentives to Allegiance Hillview, LP with respect to development at Rayzor Ranch. This discussion shall include commercial or financial information the City Council has received from Allegiance Development which the City Council seeks to have locate, stay, or expand in or near the territory of the city, and with which the city council is conducting economic development negotiations; including the offer of financial or other incentives. City of Denton City Council Minutes June 8, 2010 Page 6 B. Consultation with Attorney - Under Texas Government Code, Section 551.071; Certain Public Power Utilities: Competitive Matters - Under Texas Government Code, Section 551.086. 1. Discuss, deliberate and receive information from staff regarding public power competitive and financial issues involved with the proposed "Further Agreement"; the proposed "Agreement Related to Adoption of Amendment to Power Sales Contract Between Texas Municipal Power Agency, City of Bryan, Texas, City of Denton, Texas, City of Garland, Texas, and City of Greenville, Texas"; and the proposed "Amended Power Sales Contract Between Texas Municipal Power Agency and City of Bryan, Texas, City of Denton, Texas, City of Garland, Texas and City of Greenville, Texas." Consultation with the city's attorneys regarding legal issues associated with the three above-stated proposed agreements respecting Texas Municipal Power Agency matters, where such discussion and deliberation in an open meeting would have a detrimental effect on the position of the City Council and would clearly conflict with the duty of the City's attorneys to the City of Denton, Texas and to the Denton City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas. Council Member Gregory motioned, Mayor Pro Tem Kamp seconded to go into Closed Session under the Public Power Utilities exception. On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. C. Deliberations regarding Personnel Matters - Under Texas Government Code Section 551.074. 1. Deliberate and discuss the appointment and duties of public officers to boards or commissions exercising discretionary or rile making power as opposed to purely advisory powers, which includes without limitation the Health and Building Standards Commission, the Historic Landmark Commission, the Planning and Zoning Commission, and the Zoning Board of Adjustment. Following the completion of the Closed Session, the Council met in Open Session at 6:38 p.m. to consider the following: Ordinance No. 2010-135 1. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the "Further Agreement" regarding Texas Municipal Power Agency, a Texas Joint Powers Agency ("TMPA"), and its four Member Cities, the Cities of Bryan, Denton, Garland and Greenville, Texas; authorizing the City Manager to act on the City's behalf in executing the "Further Agreement" together with any and all necessary supporting documents; and to take such other and further actions as are necessary in order to effectuate and finalize the "Further Agreement"; authorizing the delivery of said "Further Agreement" to TMPA and City of Denton City Council Minutes June 8, 2010 Page 7 its three other Member Cities; authorizing the expenditure of any funds therefor; and declaring an effective date. Council Member Gregory motioned, Council Member King seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. Ordinance No. 2010-136 2. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the "Agreement Related to Adoption of Amendment to Power Sales Contract between Texas Municipal Power Agency ("TMPA"), City of Bryan, Texas, City of Denton, Texas, City of Garland, Texas, and City of Greenville, Texas ("Member Cities"); authorizing the City Manager to act on the City's behalf in executing the "Agreement Related to Adoption of Amendment to Power Sales Contract between Texas Municipal Power Agency, City of Bryan, Texas, City of Denton, Texas, City of Garland, Texas, City of Greenville, Texas" together with any and all necessary supporting documents; to take such other and further actions as are necessary in order to effectuate and finalize the aforesaid Agreement; conditioning the approval of this ordinance upon the acceptance and approval by each of the governing bodies of Texas Municipal Power Agency, and the Cities of Bryan, Garland and Greenville, Texas; and to take such other and further actions as are necessary in order to effectuate and finalize the aforesaid Agreement; authorizing the delivery of the aforesaid Agreement to TMPA and its Member Cities; authorizing the expenditure of any funds therefore; and declaring an effective date. Mayor Pro Tem Kamp motioned, Council Member Heggins seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. Ordinance No. 2010-137 3. Consider adoption of an ordinance of the City of Denton, Texas approving and authorizing the "Amendment to Power Sales Contract between Texas Municipal Power Agency and City of Bryan, Texas, City of Denton, Texas, City of Garland, Texas, City of Greenville, Texas"; authorizing the City Manager to act on the City's behalf in executing the "Amendment to Power Sales Contract between Texas Municipal Power Agency, and City of Bryan, Texas, City of Denton, Texas, City of Garland, Texas, City of Greenville, Texas" together with any and all necessary supporting documents; and to take such other and further actions as are necessary to effectuate and finalize the aforesaid Amendment to Power Sales Contract; conditioning the approval of this ordinance upon the acceptance and approval by the governing bodies of Texas Municipal Power Agency, and the Cities of Bryan, Garland and Greenville, Texas; authorizing the delivery of the aforesaid Amendment to Power Sales Contract to TMPA and its three other Member Cities; authorizing the expenditure of any funds therefor; and declaring an effective date. Council Member Watts motioned, Mayor Pro Tem Kamp seconded to adopt the ordinance. On roll call vote, Council Member King "aye", Council Member Heggins "aye", Council Member City of Denton City Council Minutes June 8, 2010 Page 8 Gregory "aye", Council Member Engelbrecht "aye", Mayor Burroughs "aye", Council Member Watts "aye", and Mayor Pro Tem Kamp "aye". Motion carried unanimously. The Council returned to the Work Session Items. 2. Receive a report, hold a discussion, and give staff direction regarding nominations/appointments to the City Council committees and the City's boards and commissions. Jennifer Walters, City Secretary, stated that there were two points of discussion for Council. One was the Council Committees and the other was Boards and Commissions. In terms of Council Committees, committee assignments were reviewed annually by the Council to allow the opportunity to make adjustments if necessary. She noted that a listing of the current assignments were included in the backup materials. Council discussed the committee assignments and made changes to various committees. The list of assignments would be ratified at the Council meeting of June 15tH Walters continued with boards and commissions. She noted that at the annual Council Planning Session, Council had expressed a desire to hold a work session to discuss nominations before the actual process began. To aid in the discussion, a preliminary list of those individuals whose terms were expiring on each board per Council Member nomination was provided. A listing of specialty boards that required specific categories of members was also provided. More specific information would be provided Council at the June 15th meeting with the board and commission notebooks being handed out. Mayor Burroughs noted that some boards received lots of persons to serve and some did not. He felt it was important to keep in mind the purpose of the committee as well as the outcome and goals of the Council. He suggested Council talk with the people they were considering for re- nomination and that it helped Council on how the committees were functioning. Council Member Watts asked about the Airport Advisory Board and what it did for the Airport. Mayor Pro Tem Kamp stated that there would be a discussion on that when the Airport Master Plan was discussed. Howard Martin, Assistant City Manager, stated that a draft of the business plan was finished and staff was close to finalizing the Master Plan. Mayor Burroughs questioned if the Master Plan needed be to completed and discussed before Council made nomination decisions for the Airport Advisory Board. Council Member Gregory stated that the composition of the members could potentially change the dynamics of a board or commission. Members could enhance or could make a board less functional. He asked what the process was if a board was not functioning well and there was tension between the board and the staff liaison. City of Denton City Council Minutes June 8, 2010 Page 9 City Manager Campbell stated that Council could talk with the staff regarding the issues as well as the board members. If Council had questions on the functionality of a board or commission, they could hold off on those appointments. Staff could provide information from their perspective and Council could make those appointments later. Council Member Gregory asked if there were other committees where the responsibilities needed to be reviewed. City Manager Campbell stated that Council had mentioned the Airport Advisory Board and the Traffic Safety Commission. Those two boards could be reviewed before nominations were done. He mentioned that at the Council Planning Session, Council had mentioned looking at charges for boards, the direction boards were heading, and whether membership on the boards reflected the philosophy of this Council. With no further business, the meeting was adjourned at 7:03 p.m. MARK A. BURROUGHS MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS