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2015-007s:\Icgal\our documents\ordinances\15\final revised rayzor ordinance - al clean version.doc ORDINANCE NO. 2015-007 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING APPROVED ORDINANCE NO. 2014-193, RELATING TO APPROXIMATELY 99 ACRES WITHIN THE SOUTHERN TRACT OF THE RAYZOR RANCH OVERLAY DISTRICT, LOCATED AT THE SOUTHEAST CORNER OF U.S. HIGHWAY 380 AND INTERSTATE HIGHWAY 35, AND DESCRIBED AS LOT 1, BLOCK 5 RAYZOR RANCH SOUTH CONVEYANCE PLAT (DOCUMENT NO. 2010-119), WHICH IS EXEMPTED FROM DENTON DEVELOPMENT CODE, SECTION 35.18.2.A.1 RELATIVE TO APPROVAL OF A F1NAL PLAT AND CONSTRUCTION PLANS, SUBJECT TO CERTAIN PRESCRIBED RESTRICTIONS, PRIOR TO RELEASE OF A CLEARING AND GRADING PERMIT; ACCEPTING APPLICANT'S WITHDRAWAL OF THE REQUEST TO CREATE A NEW RR-2A SUBDISTRICT; ENHANCING AND EXTENDING THE APPLICABILITY OF EXISTING STORMWATER QUALITY STANDARDS FOR THE DISTRICT; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AIVIOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z13-0013B) WHEREAS, the Rayzor Ranch Overlay District ("RROD") includes approximately 410 acres of land legally described in Exhibit A to Ordinance 2008-018, and is located generally on both sides of U.S. Highway 380 (West University Drive), between Interstate Highway 35 and Bonnie Brae Street; and WHEREAS, the applicant has requested that it be allowed to clear and grade approximately 99 acres of land within the RROD (Document No. 2010-119) prior to the approval of a final plat or construction plans, subject to certain restrictions; and WHEREAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the DDC authorize the City Council to approve overlay districts to protect and enhance certain specific lands and structures which, by virtue of their type or location, have characteristics which are distinct from lands and structures outside such special districts and contain such reasonable and necessary requirements to ensure the protection and enhancement of said land and structures. Further, the overlay districts are authorized to establish specific design standards and development regulations to effectuate the purpose of the district; and WHEREAS, on May 21, 2014, the Planning and Zoning Commission conducted a public hearing, and recommended denial of the portion of the request to create a new subdistrict but recommended approval of the portion of the request to allow the one-time clearing and grading prior to the approval of a construction plans and final plat, with conditions; and WHEREAS, at its scheduled regular meeting on June 17, 2014, City Planning Staff informed the City Council that the applicant has requested to withdraw their request for the creation on the new RR-2A subdistrict; and WHEREAS, City Planning Staff also advised the City Council that the applicant wished to proceed with its clearing and grading request, however the applicant wished to modify said request to allow it to clear and grade the 99-acre tract in phases pursuant to a phasing plan, rather than clearing and grading the entire 99 acres at one time; and WHEREAS, on June 17, 2014, the City Council went forward and held a public hearing as required by law only as to the applicant's modified clearing and grading request and approved the changes made herein; and WHEREAS, the City Council approved the accommodation to allow clearing and grading in phases pursuant to a phasing plan; and WHEREAS, the City Council also approved the amendment to the RROD's Storm Water Quality provisions in Subsection B of Section 35.7.15.11 of the Denton Development Code, as part of the accommodation to allow clearing and grading in phases; and WHEREAS, the conditions necessary for City Staff s review and approval of the applicant's proposed future phasing plans were not included in Ordinance No. 2014-193, however, City Staff has drafted the necessary conditions which are included in this Ordinance; 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 as true. SECTION 2. The City Council accepts applicant's request to withdraw its request to create a new RR-2A subdistrict located on the north side of U.S. Highway 380 and within the RROD. SECTION 3. As a one-time accommodation in support of the phase development of approximately 99.566 acres of property within the RROD, legally described in a certain conveyance plat recorded as instrument 2010-119 of the plat records of Denton County, Texas, the Council finds that the applicant's proposal to allow the clearing and grading of this area in phases, in advance of construction plans and final plat approval, notwithstanding the ordinary requirement of DDC §35.18.2.A.1 to first require construction plans and final plat approval, is reasonable and satisfies the goals of the Denton Development Code under the circumstances presented, provided that certain mitigating measures and safeguards are taken, including full adherence to the enhanced storm water quality standards imposed upon the RROD by this Ordinance, as set forth in Section 4, below. Provided that all prerequisite conditions associated with the issuance of a clearing and grading permit for each phase are fully satisfied, other than the requirement of prior construction plans and final plat approval, and subject to compliance with this Ordinance, the checklist conditions set forth in Exhibit 1, and all other applicable legal and regulatory requirements associated therewith, clearing and grading permits for each phase shall be issued be subject to the following conditions: 1. The first clearing and grading permit for the first phase clearing and grading event is to be approved within 180 days following passage and approval of this Ordinance, subject to compliance with this Ordinance and all other applicable legal and regulatory requirements associated therewith; 2. Only one clearing and grading permit shall be issued per phase under this accommodation; PAGE 2 3. Each clearing and grading permit issued under this accommodation is valid for one year from the date of issuance. Upon a showing of ongoing construction by the applicant, the Building Official may extend the permit for a one-time six month period for an additional fee; and 4. Should the applicant not clear and grade the applicable phase during the one-year permit and additional 6-month extension, or should the applicant wish to clear and grade a particular area that has already been cleared and graded under the accommodation granted under this Ordinance, the applicant may apply for a new clearing and grading permit, subject to the requirements of DDC §35.18.2.A.1, and as amended (i.e. final plat and construction plans approval prior to the issuance of a clearing and grading permit). 5. The phasing plan shall include: a. The limits of proposed phases; b. The sequencing of proposed phases (ex. Phase One, Phase Two, etc.); and c. Dimensions of proposed phases. SECTION 4. Subsection B of Section 35.7.15.11 of the Denton Development Code is hereby amended to read as follows; all other provisions of that Section not specifically modified herein remain unchanged. B. Storm Water Quality. Preliminary and Final Plats for land that drains into North Lakes Pond shall include provisions for onsite or regional storm water quality enhancement, including dedication of drainage easement areas as necessary to construct the storm water quality structural controls and ��a��;��t�r�t ��a��ia�� <�.� e��s��•i�c� i�� f,:.;��kait "E� ��. �i�y �a•��c:�;�;��1 u��s� ��:.c��ir�� tl�e.� c��1i��iir�� ln �� l�.t�t��c�t. ��r�I1�.�C��t �„�r��w��ra�• t�t��t ��•��ic�� c�c�iki��r:��l s��rrza ��t��° �l�a��li�y ��z�tt:a•��1� ��I�� m��° ��, ll�� ii��l<�r��aar�� c�r��ili�:a�a� ��;, �n��: a. Existing storm water quality controls are designed for treating such pollutants, and treatment capacity is not exceeded. b. Business/operator management practices are implemented eliminating the risk of pollutants exiting the property under the control of the business/operator. c. If any of the conditions listed in 35.7.15.11.B.1.b are met, business/operator must provide in writing a detailed explanation on how existing controls are able to treat the pollutants of concern, and/or provide a description of the management practices to be implemented before a building permit would be issued. Provided documentation must be incorporated into and become part of the approved Rayzor Ranch Final iSWM Plan. PAGE 3 2. The storm water quality controls shall be constructed as part of the storm drainage improvements for the development. Engineering inspection fees shall be paid to the City for the inspection of all storm water quality controls during construction. Upon City's request, designer shall certify to the best of the designer's knowledge, that the storm water quality controls and management practices were constructed in accordance with the approved plans. a. Building Permits are not prohibited by these additional drainage restrictions above, provided that a construction schedule is committed to for the improvements, an onsite detention pond has been constructed and accepted by the City, and all other applicable requirements for issuance have been satisfied. SECTION 5. This adoption of this Ordinance is intended to supersede Ordinance No. 2013-193 in its entirety. SECTION 6. 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 other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 8. 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. PASSED AND APPROVED this, the � day of ��,�'��,�'� , 2015. � ATTEST: JENNIFER WALTERS, CITY SECRETARY �� W �� BY: �� , .� . �� `�� ' �� CHRIS WAT � �� TS, �1:��'��[� PAGE 4 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ��.r A ,�° � .� � °�� ..__ � f� BY: re � �� .,�.�u �" w�.�� .. PAGE 5 Exhibit 1 Rayzor Ranch South Mass Grading Permit Checklist ❑ A copy of the approved plat with all rights-of-way and easements marked or, provide evidence that project has been exempted fxom the requirement for final plat approval. ❑ Tree Preservation and Mitigation Plan, if applicable ❑ Tree Removal Perxnit, if applicable ❑ Grading Plan (see the Grading Plan section below fox requirements) ❑ Submit Construction Site Electronic Data Entry available at pxL.�;��r��w,��.a��w��?xi.��?� �_a�?n��mc�c.�� a��u�mi��,�� ...��.ati��,��•e�f�Ca��.�ao�rt�s�,�s�t:�,_t,��n��r�t�_d �i�.�,��ts�_,��,m�t,�t ,I,��'�,�rMu�C��.�.�e��k�x� �a��an�u�°`�,�ar�,flA� ��_i,q�a ��,��,��rzr�t��a�a�. ��;�P�una�:�d�a�� ❑ Exosion Control Plan (see the Exosion Control Plan section below for requixements) ❑ Site Plan ❑ ESA Review, if applicable (see the ESA Review section below for requirements) ❑ Staking ox flagging limits of ESAs on site, if applicable In addition, submit the following if public improvements are also proposed ❑ Submit a copy of the appxoved civil plans ❑ Submit a copy of the executed three way contract ❑ Schedule and hold a pre-construction meeting with Engineering ❑ Pay calculated inspection fees ❑ Lot lines with dimensions and axeas ❑ Clearing and grubbing limits ❑ Location of existing utilities (above and below ground) ❑ Location of proposed utilities (above and below ground) ❑ Existing topographic (contour) lines to 50 ft beyond clearing/grading limits (maxunum 2 ft contour interval) ❑ Proposed topographic (contoux) lines to 50 ft beyond clearing/grading limits (maxixnuxn 2 ft contour interval) ❑ Cut and fill catch lines ❑ Area drainage map ❑ ESA or other critical area boundaries and related setbacks ❑ General location, type, range of size, and condition of existing trees and gxoundcover on the subject site Page 1 of 3 ❑ Drainage ditches (axxows to show flow dixection) ❑ Existing septic tanks/dxainfields or other undexgxound tanks ❑ Off-site area tributary to cleaxing/grading axea ❑ Location of existing/proposed fuel tanks ❑ Water wells and corresponding wellhead protection axeas ❑ Soil types Soil Information can be found at the USGS websoil survey ��9_E.��:�,�`��_Ib�a��1 unr��:,�,� i�� ,__td��a�_�_��r�� `..u�.�.��. ❑ Locations of soil pits and inftltration tests ❑ Mulching and vegetation plan ❑ Easements and/ox dedication deeds ❑ Regional and off-site improvements secured ❑ "Call Before You Dig-1-800-424-5555" note ❑ Traffic control plan and encroachment permit application (where grading occurs with�n City right of way or haul vehicles access the City's right of way) ❑ Locations and details of temporary erosion/sediment control devices and best management practices (BMPs) ❑ Natuxal drainage features (arrows to show flow direction) ❑ General exosion control notes — xefer to City of Denton Dxainage Criteria Manual ❑ Construction enttance detail ❑ Location and details of tempoxary sediment ponds ❑ Permanent stabilization detail ❑ Attach copy of NOI (if 5 acxes or greater) or Site Notice (if between 1 and 5 acres) from TCEQ. If site is part of larger common plan of development that is either 5 acres or greater, an NOI is required. If the site is part of a larger common plan of development that is between 1 and 5 acres, then a Site Notice is required. ❑ Refex to the NCTCOG website for iSWM Design Manual fox Construction l�r 1.��. ��.�� 1��M,�r,�q�li ��.a��u�r�rs��,r�9��r��i� iiw��re�,t�u�,��z��_a�exx� �r�,��wlq��rm � ,c��uN,Aa�1:��.d �Gw�G�R�v �re��. ❑ Refer to the TCEQ website for fuxther information about stoxm water pexmits B�t��;r�.a`.��`��v.4'�s �d.A�Gw��_� C�,_�o.� ��,��'ra��r,��`��,�, ��a��'�°�.A��.�t�a�ll ❑ Locations and extent of all Environmentally Sensitive Areas (ESAs) on site Page 2 of 3 � ■ ■ ■ A deter ' ation, by the U.S. Army Corps of En ' eer ar a qualiiied enviro ental scientist with a delineation ce�tified by the Corps, af the presence ox absence of jurisdictianal wedands and watexs of the U.S., and an inclication of the locat�on of any jurisdictional wetlands, if applicable Culverts ox bridges and associated land dist�bances Building envelopes for new or redevelopment parcels Lixnits of clearing, grading, and/or grubbing act�vit�es � 1. No land dist�xxbing activity is allowed within any public rights-of-way or easements, unless approved by the City Engineexing Depar ent. 2. Additianal Info�mation may be required by City staff during the project review 3. The following defuutions below a�e for clarification: ; .., , . . . ;, , r �, � . . .. , s � , s • -, , . • . , , . , . . . . . ♦ s r � � � y . � .� , . � � w � , , - + R,, 1 r ,, ,. i i . ..,. � . . ;.. . . . , . , * y. .... �, ... . . � '. � �� i + . �..,'. 4 �. � � ,.; � i . . ` �. � . � ... � � ' � * , ,.,. • � . . ,. . +.. . �, : . � . . . . i - f , �i. � *... . � ,,. � ., � • 1 �:4 ` 1 �. �: , l�.: � � *�. • �.. �� f, F i 1 u ♦ i f* i� 1 �,.;. 1 M�� . � �, . � ,J � .. * .,. * 4 . ,. �.,,. f f � � . .,, � � * � �s. '. : � � . '. � f .,,. � � � � �.�:, ;.. �'� `+:' •.. � ��..:. � �..;'� � f . � � � * .� *'.... � ,,. � :� � c '. � *, " .. � ,,, � , ,.` + : �: . . �:. � f �. �.'. � . �. ■ i �• ' {