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2014-193sAlegal \our documents \ordinances \14 \rayzor ranch overlay amendment -cc adopted version (clean).doc ORDINANCE NO. 2014 -193 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE RAYZOR RANCH OVERLAY DISTRICT, CONSISTING OF 410 ACRES OF LAND LOCATED ON BOTH SIDES OF U.S. HIGHWAY 380 (WEST UNIVERSITY DRIVE), BETWEEN INTERSTATE HIGHWAY 35 AND BONNIE BRAE STREET; SPECIFICALLY BY DEFINING AND ESTABLISHING PERMITTED USES FOR A NEW RR -2A SUBDISTRICT; ENHANCING AND EXTENDING THE APPLICABILITY OF EXISTING STORMWATER QUALITY STANDARDS FOR THE DISTRICT; AUTHORIZING LIMITED CLEARING AND GRADING OF 99 ACRES PRIOR TO THE APPROVAL OF A FINAL PLAT OR CONSTRUCTION PLANS, SUBJECT TO CERTAIN PRESCRIBED RESTRICTIONS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z13 -0013) 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 proposes to create a new subdistrict therein, designated as RR -2A, to allow for new uses and add requirements for approximately 3.7 acres located therein; and WHEREAS, the applicant has requested that it be allowed to clear and grade approximately 99 acres of land within the RROD 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 sub - district; 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 finds that the accommodation to allow clearing and grading in phases pursuant to a phasing plan serves a public purpose; and WHEREAS, the City Council further finds that 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, will protect and enhance the Property, which is distinct from the lands and structures outside the RROD, including the immediate neighborhood; 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 sub - district 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, pursuant to the phasing plan attached as Exhibit 1, 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 2, 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 completed within 180 days following passage and approval of this Ordinance; 2. Clearing and grading permits for each successive phase shall be issued in accordance with a phasing plan to be provided by Applicant consistent with the standards to be developed by the City and to be adopted the City Council at a future date; 3. Only one clearing and grading permit shall be issued per phase under this accommodation; PAGE 2 4. 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 5. 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 (i.e. final plat and construction plans approval prior to the issuance of a clearing and grading permit). 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. 1. 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 management practices as described in Exhibit "F ". Any proposed use(s) meeting the definition of a hotspot pollutant generator must provide additional storm water quality controls unless any of the following conditions are met: 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. 2. The storm water quality controls shall be constructed as part of the storm drainage improvements for the development. 3. 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 PAGE 3 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. 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 6. 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 7. 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 �� a. 1 . _ . _, 2014. (:.1 Ll ]'S WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: .c AL ............ . . (61 PAGE 4 Exhibits are not available.