CONSENT AGENDA. 7. Consider and act upon the minutes for the December 18, 2017 Regular City Council meeting. (Bockes)

Transcription

1 1. Call to Order, Roll Call, and Determination of Quorum. (Palmer) 2. Invocation (Palmer) 3. Pledge of Allegiance. (Palmer) 4. Items of Community Interest (Palmer) In accordance with Section of the Government Code, this agenda item provides an opportunity for City staff or the City Council to report information on items of community interest that is not posted on the agenda. Items of community interests may include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision; a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in Oak Point that has arisen after the posting of the agenda. 5. Public Input. (Palmer) This agenda item provides an opportunity for citizens to address the Council on any matter that is not posted on the agenda. The Council will hear comments on specific agenda items that are listed as public hearings prior to the Council addressing those items. There is a three minute time limit for each citizen. The City Council is not permitted to take action or engage in any discussion on presentations or inquiries concerning an item not listed on the agenda. However, in accordance with Section of the Government Code, a representative of City staff or the City Council may respond with either a statement of specific factual information relating to the inquiry or a recitation of existing policy in response to the inquiry. 6. Presentation and discussion of the following reports: Financial Report for December 2017 (Savage) Municipal Court Report for December 2017 (Bockes) Permits Report for December 2017 (Bockes) Department of Public Safety (DPS) Report regarding police, fire, medical, and code enforcement incidents during the month of December 2017 (Shackleford) Zoning & Development Activity Report for January 2018 (Olson) CONSENT AGENDA Meeting Agenda Regular Meeting of the Oak Point City Council Oak Point City Hall 100 Naylor Road Oak Point, Texas Monday, January 15, :00 P.M. All items listed under the Consent Agenda heading are considered to be non-controversial and routine in nature. The Consent Agenda can be approved by the City Council with a single motion. Approval of the Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. Any City Council Member may remove any item from the Consent Agenda for discussion and separate action. 7. Consider and act upon the minutes for the December 18, 2017 Regular City Council meeting. (Bockes) 8. Consider and act upon a resolution ordering a general election to be held on Saturday, May 5, 2018 for the purpose of electing three (3) City Council members. (Bockes) Regular Meeting of the Oak Point City Council Monday, January 15, 2018 Page 1 of 2

2 9. Consider and act upon an ordinance calling a special election to be held on Saturday, May 5, 2018 for the purpose of considering a proposition to reauthorize a ¼ % sales tax for street maintenance. (Bockes) 10. Consider and act upon a Preliminary Plat of the FM 720 Storage Addition (Yellow Door Storage), containing a 3.86 acre tract of land situated in the Marcella Jones Survey, Abstract No. 662, in the City of Oak Point s Extraterritorial Jurisdiction (ETJ), Denton County, Texas. (Olson) 11. Consider and act upon the purchase of a new patrol vehicle as per the Denton ISD School Resource Officer Agreement. (Shackleford) REGULAR AGENDA 12. Conduct a public hearing, consider and act upon an ordinance approving a request to rezone approximately acres generally located at the northwest corner of McCormick Road and FM 720 from Ranch Residential (RE-5) to Planned Development-Community Commercial. (Olson) 13. Continue a public hearing, discuss and act upon a request for an amendment to the 2006 Comprehensive Plan for a tract of land consisting of approximately acres located on the west side of Yacht Club Road and south Martingale Trail from Ranch Residential to Estate Residential. (Olson) 14. Continue a public hearing, discuss and act upon a request to rezone approximately acres located on the west side of Yacht Club Road and south of Martingale Trail from RE-3 Single-Family Residential District to Planned Development-PD-17-R1/R3 Single-Family Residential District. (Olson) 15. Discuss and provide direction to City staff regarding topics for the Spring 2018 edition of the Country Place Bulletin. (Bockes) 16. Consider and act upon topics to be scheduled for a future City Council meeting. (Palmer) The City Council is not permitted to take action on or engage in any discussion regarding an item not listed on the agenda. However, this agenda item provides an opportunity for any member of the City Council to propose that a topic be scheduled for a future meeting. Upon an item being proposed for discussion, the City Council will vote to determine its collective desire to schedule the item for discussion and/or action at a future meeting. A majority vote of the City Council is required to schedule an item for discussion and/or action at a future meeting. 17. Adjournment. (Palmer) The City Council of the City of Oak Point, Texas, reserves the right to meet in a Closed Session on any item listed on this Agenda should the need arise, pursuant to authorization by Texas Government Code, Sections (consultation with attorney), (deliberations about real property), (deliberations about gifts and donations), (personnel matters), (deliberations about security devices), (economic development), (homeland security). This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to the meeting. Please contact City Hall at or by FAX at for further information. CERTIFICATION: I do hereby certify that the above notice of this public meeting was posted on the designated bulletin boards at a.m. / p.m. on the 11 th day of January, Amy Bockes, City Secretary This notice was removed at a.m. / p.m. on the day of January, Amy Bockes, City Secretary Regular Meeting of the Oak Point City Council Monday, January 15, 2018 Page 2 of 2

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26 Monthly Court Report November 2017 Dec 2017 Nov 2017 Oct 2017 Sep 2017 Aug 2017 July 2017 June 2017 May 2017 Apr 2017 Mar 2017 Feb 2017 Jan 2017 Dec 2016 New Cases Filed Traffic (non-parking) Traffic (parking) Non-Traffic (state law) Non-Traffic (penal code) Non-Traffic (city ord) Compliance Dismissals Cases Dismissed: After Driver Safety Course After Deferred Disposition After Proof of Insurance Total Cases Pending Active Cases Pending Inactive Cases (Warrants) Total Cases Disposed Fines Kept by City $4, $5, $5, $5, $4, $3, $5, $5, $1, $4, $3, $3, $4, Remitted to State $2, $2, $3, $2, $2, $1, $3, $4, $1, $1, $1, $2, $1, Total $6, $8, $8, $8, $6, $5, $8, $10, $3, $6, $5, $5, $5,518.33

27 BUILDING INSPECTIONS December 2017 PERMIT TYPE Jan Feb Mar Apr New Single Family Residential (1) New Commercial Electrical Plumbing HVAC Septic Swimming Pool/Pond Accessory Building/Addition Fence Retaining Wall Driveway/Culvert Irrigation Water Well Certificate of Occupancy Demolition Sign Right-of-Way Food Establishment Temporary Food/Mobile Food Roof Permit TOTAL (1) INSIDE CITY LIMITS/OUTSIDE CITY LIMITS *DISD MIDDLE SCHOOL **CONSTRUCTION TRAILER May Jun Jul Aug Sep Oct Nov Dec

28 Monthly DPS Report 2017 January February March April May City COR WR City COR WR City COR WR City COR WR City COR WR City COR WR Calls Involving Persons Calls Involving Property Citizen Assist Agency Assist Ordinance Violations Police Admininistrative Duties/Crime Prevention Medical Calls Fire Calls Citations/ Violations Training Hours June July August September October November December City COR WR City COR WR City COR WR City COR WR City COR WR City COR WR Calls Involving Persons Calls Involving Property Citizen Assist Agency Assist Ordinance Violations Police Admininistrative Duties/Crime Prevention Medical Calls Fire Calls Citations/ Violations Training Hours

29 To: From: Cc: Re: Mayor and City Council Martin Almaraz, Public Works Superintendent Amy Bockes December Public Works Activity Report Date: January 08, 2017 The Public Works Department completed the following projects and work during the month of December Date Description of Work 12/01/17 Set up snow machine 2 at pavilion and DPS building, washed blue trash cans and set at park. Got power plant ready set up tables, chairs at pavilion for winter fast event etc. Pick light towers from A1 rental Inspections: Wild ridge phase 3D 3 inlets Storm sewer wild ridge phase 3C 12/04/17 Return light towers to A1 rental, pick trash from park, city hall, washed all staff from winter fest event. Inspections: Wild ridge phase 3C 3 inlets Shahan road in front W R 3B rebar and density than start paving. 12/05/17 Remove grass and weeds drag baseball #2, pick trash McCormick rd. Inspections: Wildridge 3C phase 3C two inlets box Wildridge phase 3C storm sewer pipe 12/06/17 Mulch tree leaves at park, pick trash, pick trash martingale, Naylor, mar top. Inspections: Culvert design 1000 tourmaline cove 1021 coral cove and 102 Winchester road meeting. 12/07/17 Service Toro mower, pick trash from lake, city hall, cover water line to protect from freezing at park, pick tree leaves from city hall and mulching. Inspections: Stop wall company prairie oaks no permit Wild ridge 3C 4 top inlets Drive way Shahan road wild ridge phase 3B 12/08/17 Clean back yard and re stock concrete blocks, haul off 3 loads asphalt to weir brother Page 1 of 3

30 yard. Contact Reynolds asphalt company to report (Rick) 2 felling areas Eagle landing, Emerald sound. Inspections: Wildridge phase 3C inlet box and top inlet Overview wheel chair ramps wild ridge phase 3B lock of compaction and reported. 12/11/17 Finish patching aquamarine all day Inspections: Shahan road 2 safety ends Wildridge phase 3B wheel chair ramps 12/12/17 Went to Lowes for bags of sand for cracks on roads, replaced sprinklers head at city hall. Inspections: Wildridge phase 3C two boxes tops and safety ends wild ridge phase 3B by Shahan road flume 12/13/17 Clean out side restrooms, pick trash at park. Start filling cracks McCormick road Inspections: Wildridge 3C 2 inlets Wildridge 3B flume 12/14/17 Went to Lowes for two bags 1000 p of sand, city lunch in little elm, continues filling cracks in McCormick road. Overview replacement of concrete panels wild ridge phase 1 (note) find one inch of lime Inspections: 12/15/17 Installing warning signs martingale and maverick, pick tree leaves front of city hall. Went to Lowes for lumber to build signs box. Inspections: Wildridge phase 3C 3 inlets 12/18/17 Stocked toilet paper restrooms, trash at park, organized right side of shop, put up warning signs on maverick. Inspections: Walk thru wild ridge phase 3B 12/19/17 Clean out side restrooms, work on shelf, change lights city hall. Rain all day Inspections: 12/20/17 Work on streets signs shelf Inspections: 12/21/17 Check restrooms, pick trash at park, continues working on street sign shelf. Inspections: 12/22/17 Clean out side restrooms, clean work site from shelf, and organize signs in shelf. Swept and cleaned shop. Rain all day Inspections: 12/25/17 Holiday Inspections: 12/26/17 Holiday 12/27/17 Check out side restrooms, pick trash at park, cleaned and organized front left corner of shop. Inspections: 104 buck board drive way by Joe and terry 12/28/17 Pick trash at mar top and McCormick, Naylor road. (joe) Page 2 of 3

31 Inspections: 12/29/17 Check restrooms, went to Walmart for trash grabber, weed eating flume maverick and Concho. Inspections: In addition to the above major projects, the Public Works Department performs the following recurring tasks during the month: Clean public restrooms in the DPS/Public Works Building on Monday and Friday of each week. Mow the intersection at McCormick Road, Naylor Road, and Yacht Club Road up to Martingale every other week and the rights-of-way along both roads on a monthly basis. Pick up trash on McCormick Road, Naylor Road and Yacht Club Road every other week. Collect trash at City Hall, boat ramp, and Jake s Place Park every Thursday. Mow City Hall yard every Friday. Perform park maintenance activities at Jake s Place Park every other week. Fill pot holes on roads as needed. Any spare time or rain days are spent performing maintenance work on City equipment. Culvert inspections as needed. Page 3 of 3

32 To: From: Re: Mayor & City Council Luke Olson, City Manager Zoning & Development Activity Report Date: January 15, 2018 Agenda Item: Review and discuss the Zoning and Development Activity Report for the month of January 2018 regarding current, pending, and recently approved projects within the City of Oak Point and Oak Point s extraterritorial jurisdiction. Description of Agenda Item: The purpose of this agenda item is simply to provide the Planning & Zoning Commission and City Council with an opportunity to inquire about or discuss the status of current, pending, and recently approved projects within the City of Oak Point and Oak Point s extraterritorial jurisdiction. Budget Impact: N/A Legal Obligations and Review: N/A Attached Documents: Zoning and Development Activity Report for the month of January All Changes are highlighted in yellow. Board, Committee and/or Staff Recommendation: It is recommended that the City Council review and discuss the Zoning and Development Activity Report for the month of January Page 1 of 1

33 Zoning and Development Activity Report January 2018 Type of Plan Project Name Location City or ETJ Number of Lots Homebuilders (if applicable) P & Z Approval? Plats and Site Plans City Council Approval? Preconstructio n Meeting Conducted? Construction Status Amended Combine three lots into one Lots , 306 Sagebrush Drive, Crescent Oaks City 1 Unknown Administrative Review Only-Approved Plat acre lot 481A Final Plat Wildridge Phase 3 A North side of Shahan Prairie Road approximately 1,300 feet east of FM 720 ETJ 26 Unknown P&Z Approved CC Approved April 4, 2017 P&Z April 17, 2017 CC 4/4 4/17 Final Plat Wildridge Phase 3B Northside of Shahan Prairie Road approximately 1,300 fee east of FM SFR Lots/3 HOA lots. ETJ ETJ 77 Unknown P&Z Approved 5/2/17 CC Approved 5/15/17 May 2, 2017 P&Z May 15, 2017 CC Final Plat Wildridge Phase 3C Northside of Shahan Prairie Rd. 34 SFR lots 1 HOA lot City/ETJ 35 Unknown P&Z Approved 6/6/17 Final Plat Wildridge Phase 3D Northside of Shahan Prairie Rd 83 SFR Lots 1 HOA lot City 84 Unknown P&Z Approved 6/6/17 Final Plat Prairie Oaks Phase 1C acres East of FM 720 between the future Martop Road ETJ 57 Unknown Approved and Lloyds Road, 56 SFR lots and 1 HOA lot 11/14/17 Final Plat Construction Plans Shahan Lakeview (Shahan Prairie Road PID) Phase acres east of the Wildridge development on Shahan Prairie Rd. ETJ 191 DR Horton P&Z Approved 4/4 Final Plat 720 Storage Addition 3.86 acres East of FM 720 in between Martop and Lloyds Road ETJ 1 Unknown Approved 1/2/18 CC Approved 6/19/2017 CC Approved 6/19/17 Approved 11/20/17 CC Approved 4/17 June 6, 2017 P&Z-Approved June 19, 2017 CC June 6, 2017 P&Z-Approved June 19, 2017 CC P&Z 11/14/17 City Council 11/20/17 April 4, 2017 P&Z April 17, 2017 CC P&Z 1/2/2018 City Council 1/15/2018 Other Pending Zoning and Special Use Permit (SUP) Requests Type Request Location P & Z Approval Zoning PD-Residential Lilly Tract Request to rezone acres from RE-3 to a PD R-1 for approximately 65 single-family residential lots from one to three acres. Approved 12/5/17 SUP SUP for 2,400 Square foot accessory 1017 Fox Hollow Approved structure (garage/storage) 12/5/17 Zoning PD-CC Community Commercial Request to rezone approximately acres/northwest corner FM 720 and McCormick from RE-5 to Approved Planned Development-Community Commercial. 1/2/18 City Council Approval Continued to 1/15/18 Approved 12/18/17 Public Hearing 12/5/2017 P&Z Public Hearing 12/18/2017 City Council Public Hearing 12/5/17 P&Z Public Hearing 12/18/17 City Council Public Hearing 1/2/2018 P&Z Approved Public Hearing 1/15/2018 City Council Status Other Pending Projects Project Location Name Proposed Comprehensive Plan Amendment Lilly Tract Yacht Club Road Public Hearing 12/05/2017 P&Z-P&Z Approved 12/5/17 Status January 2018 Zoning and Development Activity Report - Page 1 of 2

34 Dowdall Commercial Property Miller Commercial Property Rudman Property Wildridge (formerly Timberlake) Approximately 10 acres at the southeast corner of FM 720 (Oak Grove Parkway) and Shahan Prairie Road Approximately 10 acres at the southwest corner of FM 720 (Oak Grove Parkway) and McCormick Road Approximately 127 acres at the northeast corner of FM 720/Oak Grove Parkway and Shahan Prairie Road Approximately 327 acres on the north side of Shahan Prairie Road east of FM 720 (City of Oak Point and Oak Point ETJ) Public Hearing 12/18/2017 City Council-Continued to 1/15/18 Zoning was approved in September Owner is in marketing stage. Zoning was approved in March Owner is in marketing stage. Zoning was approved in September Zoning approved for 114 acres and development agreement approved for 213 acres in September Preliminary plat of approximately 117 acres in the Oak Point ETJ was approved by the Planning & Zoning Commission and City Council. A final plat for 172 lots in Phase 1 and plans to reconstruct Shahan Prairie Road have been submitted to the City (see above). Phases 1 and 2 have been constructed and Phase 3 potentially being developed before end of the year. Annexation Petition for Shahn Prairie PID No. 1 Portion of Shahan Prairie Road Petition Resolution 4/17; public hearings on 5/15/17; Ordinance 06/19/17 Annexation Petition for Wildridge Portion of Shahan Prairie Road Petition Resolution 4/17; public hearings on 5/15/17; Ordinance 06/19/17 Prairie Oaks Public Improvement District No. 1 Approximately acres west of FM 720 (Oak Grove Parkway) within PID Resolution passed creating PID. Phase 1 Final Plat approved March 2017-Pre construction meeting held 8/1/17 construction Phase 1 starting the Oak Point and Little Elm ETJ. Shahan Prairie Road Public Improvement District No. 1 Approximately Acres-DR Horton East of the Wildridge development on Shahan Prairie Road in the Oak Point ETJ. PID Resolution Approved for Creation on 2/21/2017-final plats pending. SAP and Assessment Rolls pending August 2017 January 2018 Zoning and Development Activity Report - Page 2 of 2

35 AGENDA ITEM 7 City Council Minutes December 18, 2017 Regular Meeting

36 1. Call to Order, Roll Call, and Determination of Quorum. (Palmer) Mayor Palmer called the meeting to order at 6:00 p.m. with the following roll call: Keith Palmer Mayor Present Lynn Harpold Mayor Pro Tem Present Judith Camp Deputy Mayor Pro Tem Present Don Lindemann Council Member Present John Lusk Council Member Present Jim Almond Council Member Present Mayor Pro Tem Harpold recused himself for any discussions on items #10 & 11. City staff present: Meeting Agenda Regular Meeting of the Oak Point City Council Oak Point City Hall 100 Naylor Road Oak Point, Texas Monday, December 18, :00 P.M. Luke Olson Amy Bockes Jeff Moore Grant Savage Mike Shackleford City Manager City Secretary City Attorney Finance Manager Director of Public Safety And with a quorum present the following items were addressed: 2. Invocation Mayor Pro Tem Harpold gave the Invocation. 3. Pledge of Allegiance. (Palmer) Mayor Palmer led the Pledge of Allegiance. 4. Items of Community Interest (Palmer) City Hall Closed Monday, December 25 th and Tuesday, December 26 th for the Christmas Holiday. City Hall Closed Monday, January 1, 2018 for the New Year s Holiday. Yacht Club meet and greet with State Representative Candidate to be announced. 5. Public Input. (Palmer) David Rush, requested information on road repairs for McCormick at FM 720. Regular Meeting of the Oak Point City Council Monday, December 18, 2017 Page 1 of 6

37 Council Member Lusk motioned that the City Council removed items No. 10 & 11 to the January 15, 2018 City Council meeting to give both sides more time to work on an agreement; motion seconded by Council Member Lindemann. Item was opened for brief discussion by Council. At this time Mayor Pro Tem Harpold left the discussion. Council discussed the reasons to move the items to another date and options for tabling or continuing the public hearing. After consulting with the City attorney it was determined that vote would be made after opening the public hearing to continue to the January meeting. Council Member Lusk withdrew his original motion; Council Member Lindemann withdrew his second. Mayor Pro Tem Harpold rejoined the meeting. 6. Presentation and discussion of the following reports: Financial Report for November 2017 (Savage) Municipal Court Report for November 2017 (Bockes) Permits Report for November 2017 (Bockes) Department of Public Safety (DPS) Report regarding police, fire, medical, and code enforcement incidents during the month of November 2017 (Shackleford) Zoning and Development Activity Report December 2017 (Olson) No discussion on monthly reports. Luke Olson did say that he would follow-up after the holiday break with public works on the road issues on FM 720 and McCormick. CONSENT AGENDA All items listed under the Consent Agenda heading are considered to be non-controversial and routine in nature. The Consent Agenda can be approved by the City Council with a single motion. Approval of the Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. Any City Council Member may remove any item from the Consent Agenda for discussion and separate action. 7. Consider and act upon the minutes for the November 20, 2017 Regular City Council meeting and the December 11, 2017 Special City Council meeting. (Bockes) 8. Consider and act upon a resolution authorizing the City Manager to execute an amendment to the amended and restated development agreement between the City of Oak Point, Texas and LH Wildridge, LLC, the successor in the interest to CR-TDI, LLC, regarding the maximum lot coverage for 26 single-family lots in Wildridge, Phase 3. (Olson) Council Member Lindemann motioned to approve the consent agenda items number 7 & 8 as presented; motion seconded by Council Member Lusk. Motion passed with a vote of 5-0. Regular Meeting of the Oak Point City Council Monday, December 18, 2017 Page 2 of 6

38 REGULAR AGENDA 9. Conduct a public hearing, discuss and act upon approving an Ordinance for a Special Use Permit for an accessory structure (a 2,400 square-foot garage/storage building) on approximately 2.06 acres in Fox Hollow, also known as 1017 Fox Hollow, Oak Point, Texas. (Olson) City staff presented a brief overview of a request for a Special Use Permit for a 2,400 square foot accessory structure. The applicant was present for any questions. At their December 5, 2017 meeting, the Planning & Zoning Commission voted unanimously to recommend approval. City staff recommended opening the public hearing. Mayor Palmer opened the public hearing at 6:26 p.m. Mike Carter spoke in favor of the request. Charles Hoffman, spoke in favor of the request. Mayor Palmer closed the public hearing at 6:27 p.m. Council Member Lusk motioned that the City Council approve an ordinance for a Special Use Permit for an accessory structure (a 2,400 square foot garage/storage building) on approximately 2.06 acres in Fox Hollow, also known as 1017 Fox Hollow, Oak Point, Texas; motion seconded by Mayor Pro Tem Harpold. Motion passed with a vote of Conduct a public hearing, discuss and act upon a request an amendment to the 2006 Comprehensive Plan for a tract of land consisting of approximately acres located on the west side of Yacht Club Road and south of Martingale Trail, from Ranch Residential to Estate Residential. (Olson) Jeff Moore, City Attorney, recommended that the public hearing items 10 and 11 be combined into one. Paul McCracken, applicant representative, discussed items that had been added based on the recommendation of the Planning & Zoning Commission, including a non-monotony clause and an increase to the tree preservation from 20 feet to 40 feet along Yacht Club Road. In addition, the applicant has added fencing restrictions and three proposals for a future hike & bike trail. The first is to design and construct the trail and have the park fees waived by the City; the second is to design and provide a place for future development of the trail and pay the park dedication fees; of three leave off the table and do nothing. Further discussion about drainage concerns was presented stating that the design for this property would be 100 year based on the City s subdivision ordinance. After the presentation by the applicant, Mayor Palmer recessed for a 10 minute break at 7:13 p.m. Mayor Palmer reconvened the meeting at 7:23 p.m. Mayor Palmer opened the public hearing for items No. 10 & 11 at 7:26 p.m. Mark Parenti spoke in opposition of the requests. Regular Meeting of the Oak Point City Council Monday, December 18, 2017 Page 3 of 6

39 Gabe Johnson spoke in reference to the drainage for a client s property. Dena Meek spoke in opposition of the requests. James Hankins spoke in opposition of the requests. Jack Blair spoke in favor of the requests. Scott Dufford spoke in opposition of the requests. Fred Johnson spoke in opposition of the requests. Brent Coleman spoke in opposition of the requests. J.W. Harrison spoke in opposition of the requests. Debbie Foster spoke in opposition of the requests. Basil Foster spoke in opposition of the requests. Barney Carrington spoke in opposition of the requests. Lisa Kinnison, left before called, but was in opposition of the request. Jeff Stewart spoke in opposition of the request. Dave Williams spoke in opposition of the request. Mike Carter left before called but was in favor of the request. Did not wish to speak but was in opposition of the request. Charmaine Hogan, Winnetka Dr. Derek/Robin Farley, Topaz Lane Randy/Mary Haler, Majestic Oaks David/Becky Specht, Oak Meadow Ct. Jon Gouge, Dogie Trail F.R. Bud Dickens, Ensign Lane Mike Shortell, Muleta Dr. Donna Baldwin, Jade Cove Steve Posey, Maverick Trail Kim Lyons, Lakeshore Blvd. Jennifer Rodriguez, Lakeshore Blvd. John/Diana Underwood, Torero Diem/David King, Diamond Point Paul/Gwen Wright, Oak View Dr. Lisa Ralphs, Matador Heriberto Rodriguez, Lakeshore Blvd. Julio Kelman, Topaz Lane Tatiana/Jeff Lankford, Diamond Point Travis Melland, Lakeshore Blvd. W E/Loydene Chadwick, Lakeshore Blvd. Wray Weinrich, Lakeshore Blvd. Kathy Bowman, Oak View Dr. Matt Longinotti, Lake Park Dr. Erin Miller, Bronco Trail Justin Cross, Bronco Trail Steven Rios, Oak Meadow Ct. Anyssa Langston, Horseshoe Trail Tim/Kim Wentrcek, Sagebrush Dr. Susan Provenchen, Amethyst Dr. Randall Massey, Cedar Pine Regular Meeting of the Oak Point City Council Monday, December 18, 2017 Page 4 of 6

40 Marshall Waters, Lamp Post Terrell Devers, Torero Trail Melanie Sargent, Pearl Cove Noe Melendez, Lakeshore Linda Hick, Fox Hollow Robert Kinnison, Oak View Dr. Elisa Johnson, Bronco Trail Perry White, Torero Kevin Lounsbury, Torero Robert/Teresa Reese, Lakeshore Blvd. Tina Scott, Lakeshore Blvd. MaryAnne Campbell, Lamp Post Michael/Elba Griffin, Stagecoach Alexandre Cruz, Lakeshore Blvd. Dawn Berry, Lamp Post Karen Long, Oak View Ct. Levi Roach, Matador Dr. William Thomas, Matador Dr. Alyssa Berry, Lamp Post Shelby Franco, Horseshoe Rebecca Watton, Concho Lacy Almeida, Lakeshore Blvd. Frank Felice, Lakeshore Blvd. Brian Boltz, Lamp Post Mark Ridout, Lakeshore Blvd. David Huckabee, Matador Krista Warren, Lamp Post Mark/Robin Welch, Pearl Cove Bob Johnson/Karen Sufen, Winchester Rd. Jerry/Nita Swafford, Majestic Oaks David McBeth, Coral Cove Vernon/Kristin Bult, Bronco Trail Dagny Boaz, Regatta Row Chad Major, Eagles Landing Andy Schuck, Lakeshore Blvd. Deanna Marsland, Muleta Dr. John/Kim Klodowski, Sapphire Ridge Boyd Atherton, Lakeshore Blvd. Kelly Brace, Dogie Bill Hawthorne, Horseshoe Sharla Francis, Stagecoach Noel Bowman, Oak View Dr. Tabitha Regun, Oak View Ct. Pam Zinszer, Naylor rd. Jackie Valderas, Bronco Trail Phillip White, Maverick Izak Botha, Eagles Landing David/Shirley Griffin, Diamond Point Regular Meeting of the Oak Point City Council Monday, December 18, 2017 Page 5 of 6

41 David Rush, Oak View Ct. James/Charlotte Hughes, Majestic Oaks Frank/Mary Elkins, Lakeshore Blvd. James/Lindsay Taylor, Martingale Trail Clifton/Nesha Walker, Garnet Cove Roy White, Spinnaker Run Council Member Lusk motioned that the City Council continue the public hearing and action on agenda items No. 10 & 11 until January 15, 2018; motion seconded by Council Member Lindeman. Motion passed with a vote of 3-1. Ayes: Almond, Lindemann, Lusk Nos: Camp (abstained). 11. Conduct a public hearing, discuss and act upon a request to rezone approximately acres, located on the west side of Yacht Club Road and south of Martingale Trail from RE-3 Single Family Residential District to Planned Development-PD-17-R1/R3 Single-Family Residential District. (Olson) Same as item number Consider and act upon topics to be scheduled for a future City Council meeting. (Palmer) Mayor Pro Tem Harold rejoined the meeting at this time. No future agenda items discussed. 13. Adjournment. (Palmer) Council Member Lusk motioned to adjourn; motion seconded by Council Member Almond. Motioned passed with a vote of 5-0. The meeting adjourned at 8:17 p.m. Keith Palmer, Mayor ATTEST: Amy Bockes, City Secretary Regular Meeting of the Oak Point City Council Monday, December 18, 2017 Page 6 of 6

42 CITY OF OAK POINT, TEXAS RESOLUTION NO R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON SATURDAY, MAY 5, 2018 FOR THE QUALIFIED VOTERS OF THE CITY OF OAK POINT, TEXAS, FOR THE PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS; PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE WHEREAS, the City of Oak Point, Texas is a Type A General Law Municipality located in Denton County, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, the term of office of three (3) City Council members presently on the City Council expires in May 2018; and WHEREAS, Section of the Texas Election Code, as amended (hereinafter referred to as the Code ) authorizes the Mayor and City Council to order a general election for the purpose of electing municipal officers; and WHEREAS, Section 3.005(a) of the Code, as amended, provides that an election shall be ordered not later than 62 days before Election Day; and WHEREAS, Section of the Code, as amended, establishes the second Saturday in May as a uniform election date for the purpose of conducting an election; and WHEREAS, the City Council finds, through its duly elected Mayor, that it should: (i) call for a general election to be held on May 5, 2018, for the purpose of electing three (3) City Council members, (ii) providing for the posting and publication of notice, (iii) designate dates and polling place(s) for early voting and Election Day, (iv) establish and set forth provisions for conducting the election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are declared to be true and correct and are incorporated herein and made a part hereof for all purposes.

43 SECTION 2. ORDERING OF A GENERAL ELECTION; ELECTION DATE; AND PURPOSE OF ELECTION A general election is hereby ordered for the 5 th day of May, 2018, to be held between the hours of seven o clock a.m. (7:00 a.m.) and seven o clock p.m. (7:00 p.m.) at which all qualified voters residing within the city limits of Oak Point may vote for the purpose of electing three (3) City Council Members (for the offices currently held by Jim Almond, Judith Camp and John Lusk) to serve two year terms or until their successors are duly elected and qualified in conformity with the valid provisions of the laws of the City of Oak Point and the laws of the State of Texas. SECTION 3. JOINT ELECTION The said election shall be held jointly, by contract, with the Denton County Elections Administrator. SECTION 4. ELECTION DAY POLLING PLACE The Election Day polling place is hereby designated per the Joint Election Agreement and Contract for Election Services with Denton County. SECTION 5. EARLY VOTING; EARLY VOTING POLLING PLACE Early voting by personal appearance shall be conducted on the following dates and times: Monday, April 23, 2018 Tuesday, April 24, 2018 Wednesday, April 25, 2018 Thursday, April 26, 2018 Friday, April, 27, 2018 Saturday, April 28, 2018 Monday, April 30, 2018 Tuesday, May 1, :00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m. Any eligible Denton County voter may cast their vote during the early voting period at any of the Denton County Early Voting sites as depicted in the Joint Election Agreement and Contract for Election Services with Denton County. The Denton County Elections Administrator is hereby appointed as the Early Voting Clerk and shall receive applications for a ballot to be voted by mail. Requests for applications may be received no earlier than Wednesday, March 21, 2018, and not later than the close-of-business on Tuesday, April 24, The Early Voting Clerk s address to which ballots voted by mail may be sent is:

44 Frank Phillips, Early Voting Clerk Denton County Elections Division P.O. Box 1720 Denton, Texas SECTION 6. ELECTION COMPLIANCE The election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. SECTION 7. VOTING QUALIFICATION; VOTING MATERIAL That all registered, qualified voters of the City shall be permitted to vote at the election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in both English and Spanish for use at the polling places and for early voting for the Election. SECTION 8. NOTICES The City Secretary of the City of Oak Point is hereby authorized and directed to give notice of the election by: (a) Publishing the notice of the general election at least once, not more than thirty (30) days nor less than ten (10) days before the election in the official newspaper of the City, or between April 5, 2018 and April 25, 2018; and (b) Posting a copy of the notice on the bulletin board used for posting notices of the meetings of the City Council at least twenty-one (21) days before the election, by April 14, 2018; and (c) Delivering notice of the election to the Denton County Clerk not later than the 60 th day before Election Day, or March 6, The City Secretary shall keep on file a copy of the Publisher s Affidavit, which complies with the Texas Election Code, as amended, that the notice was published, with the name of the newspaper and the dates of publication. SECTION 9. SEVERABILITY CLAUSE If any word, section, article, phrase, paragraph, sentence, clause, or portion of this Resolution or application thereto to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Resolution; and the City Council hereby declares

45 it would have passed such remaining portions of this Resolution despite such invalidity which remaining portions shall remain in full force and effect. SECTION 10. EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption and passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS ON this the 15th day of January, ATTEST: Keith Palmer, Mayor City of Oak Point, Texas Amy Bockes, City Secretary City of Oak Point, Texas

46 To: From: Mayor and City Council Amy Bockes, City Secretary Re: City Council Meeting January 15, 2018 Date: January 12, 2018 Agenda Item: Consider and act upon an ordinance calling a special election to be held on Saturday, May 5, 2018 for the purpose of considering a proposition to reauthorize a ¼% sales tax for street maintenance. Description of Agenda Item: In May 2006, May 2010, and May 2014 the voters of the City of Oak Point authorized a ¼% sales tax for street maintenance. The tax expires after four years unless a new election is held to reauthorize the tax. Therefore, it is necessary to call an election to allow Oak Point voters to consider reauthorizing the tax. Budget Impact: The FY budget includes funding for a general election. No additional costs will be incurred by the City for this special election, because a general election will be scheduled for the same date. Legal Obligations and Review: Section (a) of the Texas Tax Code requires the City to call the street maintenance sales tax election by ordinance. The City s attorney has reviewed the attached ordinance. Attached Documents: Ordinance Board, Committee and/or Staff Recommendation: City staff recommends that the City Council approve the ordinance calling a special election to be held on Saturday, May 5, 2018 for the purpose of considering a proposition to reauthorize a ¼% sales tax for street maintenance. Agenda Item No. 9 Page 1 of 1

47 CITY OF OAK POINT, TEXAS ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN THE CITY OF OAK POINT ON SATURDAY, MAY 5, 2018, FOR THE PURPOSE OF CONSIDERING A PROPOSITION TO REAUTHORIZE A ONE-FOURTH OF ONE PERCENT (1/4%) STREET MAINTENANCE SALES TAX (PURSUANT TO TEXAS TAX CODE CHAPTER 327, VERNON S ANNOTATED TEXAS STATUTES); PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE WHEREAS, the City of Oak Point, Texas is a Type A General Law Municipality located in Denton County, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, Section of the Texas Election Code, as amended (the Code ) specifies that Saturday, the 5th day of May, 2018, shall be the special election date for the State of Texas and that a special election of a city may be held on such date; and WHEREAS, the City Council of the City of Oak Point, Texas, (hereinafter referred to as the City ) has determined that the City should conduct a special election on Saturday, May 5, 2018; and WHEREAS, Chapter 327 of the Texas Tax Code, as amended, authorizes Texas cities to adopt a street maintenance sales tax to be used only to maintain and repair municipal streets existing on the date of the election to adopt the tax; and WHEREAS, the citizens of Oak Point voted to adopt a one-fourth of one percent (1/4%) street maintenance sales tax in May 2006 and voted to reauthorize the tax in May 2010 and May 2014; WHEREAS, per Chapter 327 of the Texas Tax Code, the tax expires on the fourth anniversary of the date the tax originally took effect or the first day of the first calendar quarter occurring after the fourth anniversary of the date the tax was last reauthorized under this section, unless imposition of the sales and use tax authorized by this chapter is reauthorized; WHEREAS, the City Council of the City of Oak Point, Texas, has on its own motion, determined to submit to the qualified voters of said City of Oak Point, Texas, a ballot proposition to reauthorize the one-fourth of one percent (1/4%) street Page 1

48 maintenance sales tax (Pursuant to Texas Tax Code Chapter 327, Vernon s Annotated Texas Statutes) WHEREAS, reauthorization of the sales and use tax and the street maintenance sales tax will not result in the combined rate of all sales and use taxes imposed by the City and other political subdivisions, other than the State of Texas, having sales tax authority in the City to exceed two percent; and WHEREAS, the election so ordered for the City of Oak Point was ordered not later than 71 days before the election day pursuant to Section 3.005(c) of the Texas Election Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS, THAT: SECTION 1. INCORPORATION OF PREMISES The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. SECTION 2. ORDERING OF A SPECIAL ELECTION; ELECTION DATE; AND PURPOSE OF ELECTION A special election is hereby ordered for the 5 th day of May, 2018, to be held between the hours of seven o clock a.m. (7:00 a.m.) and seven o clock p.m. (7:00 p.m.) at which all qualified voters residing within the city limits of Oak Point may vote for the purpose of considering a proposition for approval to renew a one-fourth of one percent (1/4%) street maintenance sales tax (Pursuant to Texas Tax Code Chapter 327, Vernon s Annotated Texas Statutes). SECTION 3. PROPOSITION WORDING The following proposition shall be submitted in accordance with the law. The official ballots shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote FOR or AGAINST the proposition with the ballots to contain such provisions, markings and language as required by law and with such proposition to be expressed substantially as follows: PROPOSITION 1 The reauthorization of the local sales and use tax in the City of Oak Point at the rate of one-fourth of one percent (1/4%) to continue providing revenue for maintenance and repair of municipal streets. Page 2

49 FOR ( ) AGAINST ( ) SECTION 4. JOINT ELECTION The said election shall be held jointly, by contract, with the Denton County Elections Administrator. SECTION 5. ELECTION DAY POLLING PLACE The Election Day polling place is hereby designated per the Joint Election Agreement and Contract for Election Services with Denton County. SECTION 6. EARLY VOTING; EARLY VOTING POLLING PLACE Early voting by personal appearance shall be conducted on the following dates and times: Monday, April 23, 2018 Tuesday, April 24, 2018 Wednesday, April 25, 2018 Thursday, April 26, 2018 Friday, April 27, 2018 Saturday, April 28, 2018 Monday, April 30, 2018 Tuesday, May 1, :00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 8:00 a.m. to 5:00 p.m. 7:00 a.m. to 7:00 p.m. 7:00 a.m. to 7:00 p.m. Any eligible Denton County voter may cast their vote during the early voting period at any of the Denton County Early Voting sites as depicted in the Joint Election Agreement and Contract for Election Services with Denton County. The Denton County Elections Administrator is hereby appointed as the Early Voting Clerk and shall receive applications for a ballot to be voted by mail. Requests for applications may be received no earlier than Tuesday, March 21, 2018, and not later than the close-of-business on Friday, April 24, The Early Voting Clerk s address to which ballots voted by mail may be sent is: Frank Phillips, Early Voting Clerk Denton County Elections Division P.O. Box 1720 Denton, Texas Page 3

50 SECTION 7. ELECTION COMPLIANCE The election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. SECTION 8. VOTING QUALIFICATION; VOTING MATERIAL That all registered, qualified voters of the City shall be permitted to vote at the election. In addition, the election materials enumerated in the Texas Election Code, as amended, shall be printed in both English and Spanish for use at the polling places and for early voting for the Election. SECTION 9. NOTICES The City Secretary of the City of Oak Point is hereby authorized and directed to give notice of the election by: (a) Publishing the notice of the general election at least once, not more than thirty (30) days nor less than ten (10) days before the election in the official newspaper of the City, or between April 5, 2018 and April 25, 2018; and (b) Posting a copy of the notice on the bulletin board used for posting notices of the meetings of the City Council at least twenty-one (21) days before the election, by April 14, 2018; and (c) Delivering notice of the election to the Denton County Clerk not later than the 60 th day before Election Day, or March 6, The City Secretary shall keep on file a copy of the Publisher s Affidavit, which complies with the Texas Election Code, as amended, that the notice was published, with the name of the newspaper and the dates of publication. SECTION 10. SEVERABILITY CLAUSE If any word, section, article, phrase, paragraph, sentence, clause, or portion of this Ordinance or application thereto to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portion of this Ordinance; and the City Council hereby declares Page 4

51 it would have passed such remaining portions of this Ordinance despite such invalidity which remaining portions shall remain in full force and effect. ECTION 11. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its date of passage, in accordance with law. DULY PASSED AND APPROVED this the 15 th day of January, ATTEST: Keith Palmer, Mayor City of Oak Point, Texas Amy Bockes, City Secretary City of Oak Point, Texas Page 5

52 To: From: Re: Mayor & City Council Luke Olson, City Manager Preliminary Plat-FM 720 Storage Addition (ETJ) Date: January 15, 2018 Agenda Item: Discuss and act upon a Preliminary Plat for the Yellow Door Storage FM 720 Addition, a 3.86 acre tract of land being out of the Marcella Jones Survey, Abstract No. 662, in the City of Oak Point s Extra-Territorial Jurisdiction (ETJ), Denton County, Texas, more commonly known as 3407 W. FM 720. The property is located east of FM 720 between the future Martop Road and Lloyds Road. Description of Agenda Item: The subject property is located outside of the City limits in the City s extraterritorial jurisdiction (ETJ). The ETJ is the unincorporated area within a certain distance of a city s boundary (generally ½ mile in Oak Point s case) that is not within the city limits or ETJ of another city. While properties located in a city s ETJ are anticipated to be annexed into the associated city at some time in the future, a city may exercise only limited control over properties within their ETJ. Generally, only a city s subdivision regulations and sign regulations may be extended to their ETJ. Under certain conditions, a city may annex the property in its ETJ. However, as a general law city (less than 5,000 in population), the City of Oak Point is unable to involuntarily annex properties. Building Standards Denton County typically regulates the construction of the structures located outside of the City limits. Access The storage facility will have access from FM 720. Preliminary Utility Plans Preliminary civil construction plans including water, wastewater, and drainage plans were submitted. The City Engineer has reviewed and recommended that the documents be revised and resubmitted. Water service will be provided by the Mustang Special Utility District. Approval of the plat should be contingent upon the approval of the preliminary utility plans by Agenda Item No. 10 Page 1 of 7

53 the Mustang Special Utility District and TxDOT and resubmitted plans to the City engineer with revisions. Budget Impact: Approval of the Yellow Door Storage preliminary plat will ultimately lead to the development of a storage facility in the City s ETJ. Sales tax generated by the business will be paid to the City of Oak Point and the Oak Point Municipal Development District. City staff has no budgetary concerns related to the approval of the plat. Legal Obligations and Review: While the approval of zoning is discretionary, the approval of plats is ministerial. Therefore, if a property owner submits a plat that meets or exceeds the minimum development standards and requirements, the Planning & Zoning Commission and City Council have an obligation to approve the plat. Based on City staff s review of the plat, it appears that the plat is also compliant with the City s subdivision regulations. Board, Committee and/or Staff Recommendation: At their January 2, 2018 meeting the Planning & Zoning Commission voted unanimously to recommend that the City Council approve a preliminary plat for the FM 720 Storage Addition (Yellow Door Storage) consisting of a acre tract of land being out of the Marcella Jones Survey, Abstract No. 662, in the City of Oak Point s Extra-Territorial Jurisdiction (ETJ), Denton County, Texas. Subject to: 1. Compliance with the Subdivision Regulations that regulate development of this property; 2. Compliance with all engineering requirements and comments provided to the applicant by the City Engineer; and 3. Approval of the utility plans by Mustang Special Utility District and TxDOT. Attached Documents: Zoning Map Aerial Map Proposed Site Plan Yellow Door Storage Preliminary Plat Agenda Item No. 10 Page 2 of 7

54 ZONING MAP Subject Property Agenda Item No. 10 Page 3 of 7

55 AERIAL MAP Subject Property Agenda Item No. 10 Page 4 of 7

56 PROPOSED SITE PLAN-WEST Agenda Item No. 10 Page 5 of 7

57 PROPOSED SITE PLAN-EAST Agenda Item No. 10 Page 6 of 7

58 Preliminary Plat- Yellow Door Storage (ETJ) Agenda Item No. 10 Page 7 of 7

59 TO: FROM: SUBJECT: Honorable Mayor and Members of the City Council Mike Shackleford, Director of Public Safety Patrol Vehicle purchase provided for in DISD SRO Agreement DATE: ITEM: Purchase of a patrol vehicle as provided for in the agreement with DISD approved in DISCUSSION: Last year the City of Oak Point entered into an agreement with the Denton Independent School District for a School Resource Officer (SRO) beginning July This agreement also provided for the purchase of a new vehicle for the exclusive use of the SRO. The department had just purchased a new vehicle under the enhanced COR agreement and that vehicle was utilized for the SRO vehicle due to time constraints. We are requesting to purchase a vehicle provided in the contract. CITY FISCAL IMPACT: Approximate costs for a 2017 Ford Interceptor Utility is 37, This does not include the police radio (5,800.00), in-car camera (2,200.00), in-car computer and stand (3,800.00) or striping package (580.00). This will bring the total cost to approximately $49, The City of Oak Point under the agreement receives $6, per year. These funds will be reimbursed to the VERF to provide for this purchase as quarterly payments are made. RECOMMENDED COUNCIL ACTION: The City Council authorized the City Manager and/or his designee to purchase a new patrol vehicle as described above. ATTACHMENTS: New patrol vehicle cost sheet Agenda Item No. 11 Page 1 of 1

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62 To: From: Mayor & City Council Luke B. Olson, City Manager Re: City Council Meeting January 15, 2018 Date: January 12, 2018 Agenda Item: Conduct a public hearing, discuss, and act upon a request to rezone approximately acres generally located at the northwest corner of McCormick Road and F.M. 720/Oak Grove Parkway from Ranch Residential (RE-5) to Planned Development-Community Commercial (PD-CC). Description of Agenda Item: Current Zoning The current zoning of the property is RE-5. RE-5 restricts the use of the property to singlefamily dwellings and associated accessory buildings, utilities, and recreational uses. RE-5 also specifies the minimum dimensions of lots and yards and establishes a minimum lot area of five (5) acres. While the current zoning of the property is residential, the Community Commercial applies to all non-residential properties generally located within 1,000 feet of F.M The Community Commercial standards are intended to achieve a combination of traditional, street-oriented commercial buildings, live-work places, and community schools and a network of interconnected, tree-lined streets and a variety of common open spaces laced with trails. The standards are reflective of the standards for urban/neo-traditional/lifestyle center projects and the standards do not accommodate the site design of a typical local retail center. Zoning, Use, and Designations of Surrounding Properties The zoning, existing use, and Future Land Use Plan (FLUP) designation of surrounding properties are as follows. Zoning Existing Land Use FLUP Designation North RE-5 Undeveloped (owned by Denton ISD) Commercial East PD-6-CC Undeveloped (owned by Highwood Dev Ltd.) Commercial Agenda Item No. 12 Page 1 of 25

63 South PD-11-CC Undeveloped (owned by VCM Oak Point Retail) Commercial East PD-7-CC Undeveloped (owned by Rudman Partnership) Commercial Requested Zoning The applicant is requesting to rezone the property to Planned Development-Community Commercial (PD-CC). The Community Commercial (CC) zoning district is intended to provide general retail and services to the community, but not including more intense commercial uses. Planned development zoning provides an opportunity for flexibility in defining zoning regulations for the development of a specific property as determined by an amending ordinance for each development, while ensuring the intent of this ordinance (the Zoning Ordinance), existing land-use plans and the Comprehensive Plan are met. Planned Development (PD) zoning should generally be used as a tool to modify zoning standards to accommodate unique projects rather than simply using PD zoning as a mechanism to reduce development standards. The requested zoning is nearly identical to the zoning that was previously applied to the nonresidential portions of PD-6 (owned by Highwood Dev Ltd.), PD-7 (owned by the Rudman Partnership), and PD-11 (owned by VCM Oak Point Retail Ltd.). The requested zoning, PD-CC, would allow a variety of office, retail, and commercial uses to be developed on the property. Amongst other standards and requirements, the proposed development standards establish permitted uses; minimum setbacks and maximum building height; landscaping and screening requirements; and a limited number of architectural requirements. The standards also allow for the use of monument signs. The proposed development standards are listed in the attached Exhibit 7 (PD Standards). Any development standards that are not addressed by the PD will default to the Zoning Ordinance and the Community Commercial (CC) District. Concept Plan The applicant has prepared a concept plan (see Exhibit 6) to illustrate how the property may be divided for development. Permitted Uses Permitted uses include a variety of office, retail, and commercial uses. All of the listed uses are also listed as permitted uses in PD-6, PD-7, and PD-11. While PD-7 allows garden home residential uses, the requested zoning does not include garden homes as a permitted use. Architectural Standards The PD standards contain some limited architectural standards. The standards require: All structures to have similar architectural styles, materials and colors. All structures to be constructed of masonry (brick, stone, or stucco) as the primary construction material. Agenda Item No. 12 Page 2 of 25

64 The Zoning Ordinance contains several architectural requirements that will also apply to the property. These requirements state: Entrances shall be articulated and defined to present a strong entry presence. Structures shall be architecturally finished and defined to incorporate a minimum number of the following architectural elements dependent upon the building area: Canopies, awnings or porticos (non-fabric); Overhangs; Recesses or projections; Arcades; Peaked roof forms; Arches; Outdoor patios; Detailing such as tile work or moldings integrated into the facade; or Integrated planters or wing walls that incorporate landscaping and sitting areas. All buildings must be consistent with the community's identity, character, and scale. Facades greater than 100 feet in length shall incorporate wall projections or recesses of 10 feet or greater. Projections or recesses shall be at least 25% of the length of the facade. Projections and recesses shall not be required of the wall of the structure containing a service area. Offsets, reveals, or projecting rib shall be used to express architectural or structural bays. All buildings contained within a specific planned development, subdivision area, or individual commercial parcel (including pad sites) shall have similar architectural styles, materials, and colors. The PD standards also state that the property will be subject to any architectural standards that the City may adopt in the future. Landscaping and Screening Landscaping requirements contained within the Zoning Ordinance specify that a minimum 20- foot wide landscape buffer must be provided adjacent to the right-of-way (F.M. 720 and McCormick Road) and adjacent to properties differing in use (the adjacent residential properties). The landscape buffers must include a minimum of one (1) large tree and 15 shrubs per 30 linear feet. The Zoning Ordinance also requires that a six (6) to eight (8) foot masonry screening wall or natural hedge be installed along the common property line between the nonresidential and residential uses. Signs The proposed PD standards include provisions for two types of monument signs, individual and multi-user signs. The individual signs are smaller monument signs used to advertise single businesses. Multi-user signs are larger monument signs used to advertise multiple tenants Agenda Item No. 12 Page 3 of 25

65 within a retail center. Both signs are illustrated in Exhibit 8 (Proposed Signs). The following table shows the sign sizes allowed by current Oak Point code, the proposed and recommended sizes of the signs, and the sizes of signs allowed by other area cities. City Small Monument Sign Maximum Size (in s.f.) Maximum Height (in feet) Large Monument Sign Maximum Size (in s.f.) Maximum Height (in feet) Sign Measurement Oak Point Code 60 6 N/A N/A Sign area and border Proposed Sign area only Recommended Sign area and border Corinth 70 5 Sign area and border Crossroads Sign area and border Denton Sign area and border Frisco Sign area and border Highland Village 32 4 Sign area only Little Elm Sign area and border Prosper Sign area and border While the City s sign regulations do not allow for larger multi-user signs, many cities recognize the need to allow the signs. With the modifications to the maximum size, maximum height, and the manner in which area and height are measured as recommended on the previous page and as outlined in the PD standards, City staff supports the use of multi-user signs. Deed Restrictions Cities do not generally become involved with the enforcement of deed restrictions. However, it should be noted that the deed restrictions for the property specifically authorize retail uses to occur on the acres at the northwest corner of McCormick Road and F.M Comprehensive Plan The Comprehensive Plan is intended to serve as a guide for policy decisions relating to the physical, social, and economic growth of the community. The Plan establishes the vision and direction of the community. A comprehensive plan is to a community what a business plan is to a business. While Oak Point s Comprehensive Plan should be flexible enough to respond to changing needs, the community should remain steadfast in its vision and support for the core goals and objectives contained in the Plan. The City of Oak Point s Comprehensive Plan is organized into eight individual plan elements or chapters. Each chapter of the Plan is developed to specifically address the current and anticipated needs of the community by including a summary of existing conditions, discussion of issues, followed by goals, objectives, and actions. The chapters that are generally applicable to zoning requests include Land Use, Transportation, Economic Development, Community Facilities and Services, and Water, Wastewater and Drainage. Agenda Item No. 12 Page 4 of 25

66 Land Use The Future Land Use Plan (FLUP) reflects the desired pattern of growth in the City and its ETJ. The Plan provides City staff and City officials with a guide for day-to-day land use decisions to ensure that development occurs in an orderly and efficient manner. While the Plan is intended to guide public and private decision making for future land use and development within the community, it is important to realize that the Future Land Use Plan is a conceptual plan. The FLUP designates Commercial uses for the property. In addition to convenience goods and personal services, the Commercial land use category is intended to provide professional offices, retail, restaurants, and services to the community. Typical land uses in the Commercial land use category may include banking services, personal services, convenience stores, retail stores, City facilities, clothing stores, variety stores, restaurants, postal station/reproduction services, neighborhood grocery/supermarket, nursery/flower shops with no outside display or storage, and professional services such as law offices, accountants, or medical offices. The requested zoning is consistent with the FLUP s Commercial land use designation. Land Use Policies The Comprehensive Plan contains a number of policies that serve as guides for decision-making. The Land Use Chapter of the Plan states that the policies should be a continual reference for City officials and City staff to assure that goals, objectives and actions are addressed when reviewing zoning classification changes or amendments to the Future Land Use Plan. The policies contained in the Land Use Chapter of the Plan are: 1. Residential development densities should reflect the desires of the community to maintain its rural character. Lot sizes of at least one house per acre net are recommended. This policy is not applicable to this zoning request. 2. Residential lots should be discouraged from backing to arterial or major streets. This policy is not applicable to this zoning request. 3. Residential areas should be buffered from incompatible uses and where adjacent to thoroughfares through the use of landscaping features, distance separation and/or screening walls. The Zoning Ordinance requires a minimum 20-foot wide landscape buffer containing trees and shrubs and a six to eight foot tall masonry wall or hedge where non-residential properties abut residential properties. These requirements are applicable to the subject property and will provide buffering between the residential and non-residential uses. 4. Natural features should be preserved. Greenbelts and trails should take advantage of the natural environment to link different residential areas to each other, and to City and community facilities. Agenda Item No. 12 Page 5 of 25

67 The property does not contain a large number of trees and there is no floodplain on the property which would serve as a natural greenbelt. The City s Subdivision Ordinance does contain tree preservation requirements that regulate the preservation and removal of trees. 5. New local residential streets should be encouraged to be rural in character. This policy is not applicable to this zoning request. 6. Local streets should also be curvilinear and provide green space either in the median or parkway to ensure a rural neighborhood atmosphere. This policy is not applicable to this zoning request. 7. Collector streets should be tree-lined and maintain the rural character of the community. This policy is not applicable to this zoning request. 8. Community facilities should be centrally located together in easily accessible areas within the community, adjacent to major streets to accommodate traffic and should be accessible by trails and sidewalks. No municipal or community facilities are proposed to be located within the development. This policy is not applicable to this zoning request. 9. Adequate park dedication for all new residential subdivisions should be evenly dispersed throughout the city and there should be linkages between parks, schools and residential areas. Natural features, such as creeks and floodplains, should be preserved in parks and open space areas. The property does not include any creeks or floodplains. This policy is not applicable to this zoning request. 10. Commercial uses within the City should be concentrated within the 720 Corridor Overlay District, should be large enough to accommodate intended uses with adequate parking and suitable landscaping, and should be developed in accordance with the provisions of the 720 Corridor Overlay District. Commercial uses should include a variety of neighborhood stores and freestanding commercial sites. Where possible, commercial uses should be located adjacent to City facilities and arranged in a town square concept. As previously noted, the requested zoning is nearly identical to the zoning that was previously applied to the non-residential portions of PD-6, PD-7, and PD-11. The requested zoning does accommodate a variety of neighborhood stores and freestanding commercial sites. Agenda Item No. 12 Page 6 of 25

68 11. Transportation access and circulation should be provided from existing and future residential neighborhoods to future commercial areas, but should not infringe upon neighborhoods. McCormick Road provides access from residential areas to the future commercial uses. Development along FM 720 should be consistent in design and reflect the development standards for all future development adjacent to FM 720 through the use of architectural standards for buildings, landscape buffers, lighting and signage as established in the Zoning Ordinance. The Zoning Ordinance contain architectural standards and requirements for landscaping, lighting, and signage. Most aspects of these requirements apply to the commercially zoned properties along F.M The request conforms to the applicable policies contained within the Land Use Chapter of the Plan. In addition to the policies, the Land Use Chapter of the Plan contains a number of goals, objectives, and actions which serve as a foundation for guiding future land use within the City. These goals, objectives, and actions include: Land Use Goal: Maintain Oak Point s unique country atmosphere with an appropriate variety of land uses for both residential and commercial development. Objective 3.1: Assure that new developments are compatible with existing City neighborhoods. Action 3.1.1: Require new developments adhere to development standards and design guidelines. If the requested zoning is approved, any development on the property will be required to adhere to the development standards contained with the City s Zoning and Subdivision Ordinances as well as any PD standards. Action 3.1.2: Locate appropriate commercial uses along FM 720 in the 720 Corridor Overlay District ensuring that architectural standards, landscape buffering, lighting and signage adhere to development standards established for the 720 Corridor Overlay District. The subject property is located along F.M. 720 in the 720 Corridor Overlay District. Action 3.1.3: Review all new development to ensure conformity with the Future Land Use Plan. As previously noted, the FLUP designates Commercial uses for the property. The request conforms to the FLUP. Objective 3.2: Protect the natural landscapes. Agenda Item No. 12 Page 7 of 25

69 Action 3.2.1: Require all new residential development preserve existing trees and natural features. This action pertains to residential development and is not applicable to this zoning request. Action 3.2.2: Place natural areas in parks and greenbelt areas. The City s Parks and Trails Plan does not designate a potential park location in the vicinity of the property. In addition, there is no floodplain on the property which would serve as a natural greenbelt. Action 3.2.3: Require additional setbacks in zoning to allow rural streetscapes along major collectors and arterial streets. The standard designs included in the Thoroughfare Plan for the various types of street sections include rural streetscapes. Action 3.2.4: Require all new developments incorporate adequate open space. Upon development of the property, landscape buffers will be required adjacent to F.M. 720 and McCormick Road and next to the adjacent residential properties. Landscaping will also be required within parking areas. Unless a requirement is added to the PD to incorporate additional open space, no additional open space will be required. Action 3.2.5: Link new and existing neighborhoods with a system of trails. The City s Parks and Trails Plan shows proposed trails along McCormick Road, Martingale Trail, and F.M If these trails are constructed in the future, the trails will link residential and non-residential areas. Transportation Two different roads depicted on the Thoroughfare Plan are located adjacent to the property. McCormick Road serves as the southern boundary of the property. McCormick Road is currently a two-lane asphalt road constructed within approximately 40 feet of right-ofway adjacent to the property. The Thoroughfare Plan shows McCormick Road as a minor arterial consisting of two lanes and a center turn lane within 110 feet of right-ofway. F.M. 720 (Oak Grove Parkway) is shown on the Thoroughfare Plan as a TxDOT highway. The Texas Department of Transportation working on the widening of F.M. 720 to a sixlane divided highway within generally feet of right-of-way. Agenda Item No. 12 Page 8 of 25

70 Each lot within the retail center will have two points of access provided by a combination of direct access to adjacent roads or through a series of fire lane and access easements. Economic Development The Economic Development chapter of the Comprehensive Plan recognizes that there are currently very limited commercial activities in Oak Point. However, the Plan states that the City must consider goals, objectives and actions that will attract and sustain desirable businesses. It is hoped that commercial establishments will provide additional tax revenues that will ultimately support the community s quality of life. Specifically, the City must partner with its commercial property owners to attract businesses that will provide goods and services for the citizens. The Plan suggests that these businesses should be of sufficient size as to attract shoppers and patrons from the surrounding residential areas who will contribute substantially to the tax base. Other recommendations included in the plan are: 1. In promoting economic development, the City should be ever mindful of what initially attracted residents to Oak Point its quality of life. Commercial development should not be allowed to infringe upon existing neighborhoods and new residential development should be buffered from businesses. The Zoning Ordinance requires a minimum 20-foot wide landscape buffer containing trees and shrubs and a six to eight foot tall masonry wall or hedge where non-residential properties abut residential properties. These requirements are applicable to the subject property and will provide buffering between the residential and non-residential uses. 2. While it is a difficult balance to strike, the City should seek balanced commercial development that complies with the requirements of the 720 Corridor Overlay District while also supporting the rural residential atmosphere and enhancing the quality of life for residents. The FLUP was likely prepared with the balance between commercial and rural residential development in mind. The subject property is located in an area depicted on the FLUP for Commercial uses and the requested zoning conforms to the FLUP. 3. New businesses should be those that are permitted in the Community Commercial and Neighborhood Commercial categories in the Zoning Ordinance so that zoning would be maintained in accordance with the Comprehensive Plan. The requested zoning is nearly identical to the zoning that was applied to the nonresidential portions of PD-6, PD-7, and PD-11. The requested zoning, PD-CC, will allow a variety of office, retail, and commercial uses to be developed on the property. 4. Commercial development should be unique and distinctive compared to surrounding communities. Agenda Item No. 12 Page 9 of 25

71 If the 720 Corridor Overlay District or other non-residential design standards are successfully applied to developing properties, the resulting development would definitely be unique and distinctive compared to surrounding communities. 5. Consideration should be given to the costs of providing and maintaining public services associated with new development so that it does not exceed anticipated revenues. Although sales and commercial property tax revenues generally more than offset the costs of providing public services (and even underwrite the services provided to residents), the City should not extend services beyond what reasonably can be handled. If the concept plan were developed as depicted, City staff does not have any concerns about providing and maintaining public services to the new development. Community Facilities and Services Parks The City s Parks and Trails Plan does not illustrate a potential park location in the vicinity of the property. The Parks and Trails Plan shows proposed trails along McCormick Club Road and F.M Schools This property lies within the Denton Independent School District (DISD). The development of a acre retail center would not impact the attendance of the DISD. Municipal Facilities The City has no need for any type of municipal facility in the immediate vicinity of the property at this time. Water, Wastewater and Drainage Water The property is located within Mustang Special Utility District s service area. An existing 12-inch waterline is located along F.M Wastewater City code requires developing properties to connect to the City s sanitary sewer system except where the city manager determines that such connection will require unreasonable expenditures when compared with other methods of sewage disposal. To develop the property as depicted on the concept plan, a connection to Mustang s sanitary sewer system will be necessary. The developer of the property will need to acquire capacity in and make improvements to the wastewater system to accommodate new development. Summary The requested zoning is consistent with the Future Land Use Plan and the applicable goals, objectives, and actions recommended by the Comprehensive Plan. Therefore, City staff recommends approval of the requested zoning subject to minor revisions to the PD standards. Agenda Item No. 12 Page 10 of 25

72 Budget Impact: Approval of the requested zoning and development of the property could lead to office, retail, and/or commercial space in the City of Oak Point requiring the City to provide services to the business owners and their customers. Mustang Special Utility District is the water and wastewater provider for the property. The City will provide police and fire protection services. Based on the additional property tax and sales tax dollars that would be generated by the development of the property, City staff has no significant budgetary concerns related to the approval of the zoning. Legal Obligations and Review: A notice of the public hearing was published in the Little Elm Journal on Friday, December 15 and notices of the public hearing were mailed to property owners within 500 feet of the subject property on December 22. Zoning signs were also placed on the property on December 21. As of Friday, January 12th, no reply forms had been submitted to City Hall. Unlike the ministerial process associated with plats and site plans, zoning decisions are discretionary. The Planning & Zoning Commission and City Council are under no obligation to approve or deny the zoning request. Attached Documents: Exhibit 1 Location Map Exhibit 2 Aerial Map Exhibit 3 - Zoning Map Exhibit 4 Future Land Use Plan Exhibit 5 Zoning Exhibit Exhibit 6 Concept Plan Exhibit 7 PD Standards Exhibit 8 Proposed Signs Board, Committee and/or Staff Recommendation: At their meeting on January 2, 2018 the Planning & Zoning Commission voted 6-1 to recommend that the City Council approve the request to rezone approximately acres generally located at the northwest corner of McCormick Road and F.M. 720 from Ranch Residential (RE-5) to Planned Development-Community Commercial (PD-CC). Alternatives: If the City Council does not concur with Planning & Zoning Commission s recommendation, other options are available to the City Council. The City Council can vote to: 1. Approve the request with conditional changes. Agenda Item No. 12 Page 11 of 25

73 2. Table the request to a date specific meeting. (Tabling is recommended only if the City Council clearly states the reason for tabling and provides specific direction to City staff and/or the applicant.) 3. Deny the request. Agenda Item No. 12 Page 12 of 25

74 Exhibit 1 Location Map Subject Property Agenda Item No. 12 Page 13 of 25

75 Exhibit 2 Aerial Map Subject Property Agenda Item No. 12 Page 14 of 25

76 Exhibit 3 Zoning Map Agenda Item No. 12 Page 15 of 25

77 Exhibit 4 Future Land Use Plan Agenda Item No. 12 Page 16 of 25

78 Exhibit 5 Zoning Exhibit Agenda Item No. 12 Page 17 of 25

79 Exhibit 6 Concept Plan Agenda Item No. 12 Page 18 of 25

80 Exhibit 7 PD Standards Planned Development Standards COMMERCIAL RETAIL DEVELOPMENT STANDARDS ACRES NORTHWEST CORNER OF FM 720 & MCCORMICK ROAD OAK POINT, TEXAS PD-Community Commercial (PD-CC) ( acres) The property shall be developed under the regulations of the Community Commercial (CC) District as outlined in Section V of the Zoning Ordinance No as is currently exists, or may be amended, and in general compliance with Exhibit D subject to the following conditions: 1. Permitted Uses. Permitted uses include the uses permitted in the CC District and the following uses: Amusement inside. Antenna, broadcasting (SUP). Antique shop/used furniture. Assisted care or living facility. Athletic stadium/field. Auto parts sales (incidental to the primary use only). Automotive service garage. Bank/credit union/savings and loan (with or without drive thru facilities). Beauty shop/barber shop. Bed and breakfast inn. Building material and hardware store (maximum of 75,000 square feet of enclosed floor area for each store). Church, including church-related uses and activities (i.e. daycare, recreation, etc.). Civic/convention center. Community center. Consumer goods repair. Convenience store with gas pumps and accessory car wash. Convenience store without gas pumps and accessory car wash. Country club, including country club-related uses (i.e. clubhouse, golf course, swimming pool, tennis courts, etc.). Dance/gymnastics studio. Day care for children/preschool. Drug store. Dry cleaning. Flower shop. Furniture, home furnishings and appliances (maximum of 75,000 square feet of enclosed floor area for each store). Agenda Item No. 12 Page 19 of 25

81 Gasoline service station with gas pumps and accessory car wash. Government center/service/office. Golf course, including golf course-related uses and activities (i.e. clubhouse, etc.). Grocery store/food market (maximum of 75,000 square feet of enclosed floor area for each store). Health and fitness center. Hospital. Hotel. Medical emergency clinic (minor). Medical/dental/optical office. Medical laboratory. Municipal uses operated by the City of Oak Point. Museum/art gallery. Nursery/garden center (commercial). Office, administrative, governmental, medical, professional. Office showroom. Park, playground, open space, trail(s), recreation center/amenity center, including related uses (i.e. play equipment, swimming pool, tennis court, skate board/roller hockey court, basketball court, volleyball court, etc.) (public and/or private). Professional/non-inventory sales/service. Print shop. Research and development center. Restaurant. Restaurant with drive-thru/drive-in service. Retail sales/service (maximum of 75,000 square feet of enclosed floor area for each store). School (public). School (private/parochial). Studio, instructional/artistic. Temporary field construction office. Theater. Utility distribution lines and facilities (excluding power stations). Veterinary clinic/kennel with no outside pens. Other uses similar to the above listed permitted uses, provided that the Oak Point City Council approves the proposed uses prior to issuance of a building permit. 1. For the purpose of this Planned Development, Office Showroom shall be defined as an establishment with a minimum of seventy-five (75%) percent of its total enclosed floor area devoted to storage and warehousing, but not accessible to the general public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. Agenda Item No. 12 Page 20 of 25

82 2. For the purpose of this Planned Development, Research and Development Center shall be defined as a facility that includes laboratories and experimental equipment for medical testing, prototype design and development, and product testing. Any facility that is determined by Health, Fire, or Building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation is not to be included in this category 3. Retail, commercial, office and/or city services uses shall be permitted to develop on the property in general conformance with the General Development Plan (Exhibit D). The conceptual layout for the uses, as indicated on the General Development Plan, may be altered at the time of site planning, platting and/or Detailed Development Plan without amending Zoning and/or the General Development Plan, provided the revised layout is in general conformance with the conceptual layout in the approved General Development Plan, and the requirements within this ordinance are met. Commercial/Retail/Office/City Services If Tract 1 is developed with commercial, retail, office and/or city service uses, the development standards are subject the standards of the CC District as outlined in City of Oak Point Zoning Ordinance (Ord. No ), as it currently exists or may be amended subject to the following conditions: 1. Minimum lot area shall be thirty thousand (30,000) gross square feet; No maximum lot area. 2. Minimum lot width shall be eight (80 ) feet; No maximum lot width. 3. Minimum lot depth shall be one hundred (100 ) feet; No maximum lot depth. 4. Maximum lot coverage shall be fifty (50%) percent. 5. Minimum front yard shall be forty-five (45 ) feet. Front yards are required on both streets for corner lots. 6. Minimum rear yard shall be twenty (20 ) feet. 7. Minimum side yard shall be twenty (20 ) feet. No side yard shall be required where commercial structures are attached. 8. Parking shall be permitted in front, rear and side yards, but shall be prohibited in the required thoroughfare landscape buffers. 9. Maximum building height shall be two (2) stories, not to exceed forty (40 ) feet. 10. Maximum Floor Area Ratio shall be 0.45: Big box retail shall not be permitted, unless otherwise approved by Planning & Zoning Commission and/or City Council. Big box retail shall be defined as a single tenant retail building or a single tenant space with more than 75,000 square feet of enclosed floor area. Thoroughfare Landscape Buffers 1. A thoroughfare landscape buffer with a minimum width of twenty-five (25 ) feet shall be provided adjacent to and outside of the right-of-way of F.M The thoroughfare landscape buffer along F.M. 720 shall include at a minimum the following: Agenda Item No. 12 Page 21 of 25

83 a. A minimum of one (1) Large/Shade Tree, as defined by the City of Oak Point Appendix C-Approved Landscape Materials, for every thirty (30) linear feet of landscape buffer. Large/Shade Trees shall be a minimum of three (3 ) caliper inches at time of planting, and may be evenly spaced in a formal manner, or spaced in informal, non-linear groupings. b. Two (2) Ornamental Trees, as defined by the City of Oak Point Appendix C- Approved Landscape Materials, may be substituted for one (1) Large/Shade Tree. Ornamental Trees shall be a minimum of three (3 ) caliper inches at time of planting, and may be evenly spaced in a formal manner, or spaced in informal, non-linear groupings. c. Large/Shade Trees shall be planted a minimum of four (4 ) feet from curbs, sidewalks and utility lines. Ornamental Trees may be planted a minimum of three (3 ) feet from curbs, sidewalks and utility lines with approval of the City Engineer or designee. d. Earthen berms shall be required within the thoroughfare landscape buffer, and shall not exceed a 4:1 slope. Berms shall be non-continuous, of gently rolling contour, and shall not interfere with positive drainage. 3. Uniform landscape materials and/or designs shall be used for all thoroughfare landscape buffers and landscaped entry features/areas adjacent to F.M. 720 to provide an overall unifying theme. 4. Uniform construction/building materials and/or design shall be used for screening walls/fences, entryways, signage, street furniture and lighting adjacent to F.M. 720 to provide an overall unifying theme. 5. A thoroughfare landscape buffer with a minimum width of twenty (20 ) feet shall be provided adjacent to and outside of the right-of-way of McCormick Road. 6. The thoroughfare landscape buffer along McCormick Road shall include at a minimum the following: a. A minimum of one (1) Large/Shade Tree, as defined by the City of Oak Point Appendix C-Approved Landscape Materials, for every thirty (30) linear feet of landscape buffer. Large/Shade Trees shall be a minimum of three (3 ) caliper inches at time of planting, and may be evenly spaced in a formal manner, or spaced in informal, non-linear groupings. b. Two (2) Ornamental Trees, as defined by the City of Oak Point Appendix C- Approved Landscape Materials, may be substituted for one (1) Large/Shade Tree. Ornamental Trees shall be a minimum of three (3 ) caliper inches at time of planting, and may be evenly spaced in a formal manner, or spaced in informal, non-linear groupings. c. Large/Shade Trees shall be planted a minimum of four (4 ) feet from curbs, sidewalks and utility lines. Ornamental Trees may be planted a minimum of three (3 ) feet from curbs, sidewalks and utility lines with approval of the City Engineer or designee. d. Earthen berms shall be required within the thoroughfare landscape buffer, and shall not exceed a 4:1 slope. Berms shall be non-continuous, of gently rolling contour, and shall not interfere with positive drainage. Agenda Item No. 12 Page 22 of 25

84 7. Uniform landscape materials and/or designs shall be used for all thoroughfare landscape buffers and landscaped entry features/areas adjacent to McCormick Drive to provide an overall unifying theme. 8. Uniform construction/building materials and/or design shall be used for all screening walls/fences, entryways, signage, street furniture and lighting adjacent to provide an overall unifying theme. Construction and Architectural Standards Construction and architectural standards shall be provided in accordance with the City of Oak Point Zoning Ordinance (Ord ), as it currently exists or may be amended, subject to the following conditions: 1. All structures shall have similar architectural styles, materials and colors. 2. All structures shall be constructed of masonry as the primary construction material. Masonry shall consist of brick, stone or similar masonry unit-type materials, or a minimum of one (1 ) thick stucco construction. Secondary construction materials may be used to accent primary materials with the following limits on any one façade: a. Aluminum, or other metals maximum of ten (10%) percent. b. Stucco or cement siding maximum of twenty (20%) percent. c. Tinted or split face Concrete Masonry Unit (CMU) maximum of fifteen (15%) percent. d. Exterior Insulation and Finish Systems (EIFS) or similar maximum of twenty (20%) percent if approved by Planning & Zoning Commission and/or City Council at time of site plan, platting and/or Detailed Development Plan approval. Parking Requirements Parking standards shall be provided in accordance with Section IX Parking Requirements of the City of Oak Point Zoning Ordinance (Ord ), as it currently exists or may be amended. Lot Subdivisions Lots are not required to have frontage on F.M. 720 or McCormick Road provided a minimum of two separate means of access are provided to a lot without frontage through a series of fire lane easements that extend to two separate driveways along F.M. 720 and/or McCormick Road. The fire lane easements shall be dedicated to the City by plat. Signage One (1) individual monument sign may be constructed on each lot containing a building. An individual monument sign shall not exceed sixty (60) square feet in area and shall not be greater than eight (8) feet in height. Signs shall be constructed entirely of masonry materials or shall include a one-foot masonry border. Sign height shall be measured from grade to the highest point of the sign and the border shall be included in the measurement of the sign area. In the future, the City Council will consider authorizing the use of a maximum of one (1) multiuser monument sign along F.M A multi-user monument sign is intended to be used by occupants of any portion of the Property. The size, height, and design of the multi-user monument sign are all subject to City Council approval. Agenda Item No. 12 Page 23 of 25

85 Exhibit 8 Proposed Signs Individual Monument Sign Agenda Item No. 12 Page 24 of 25

86 Exhibit 8 Proposed Signs Multi-User Monument Sign Agenda Item No. 12 Page 25 of 25

87 CITY OF OAK POINT, TEXAS ORDINANCE NO AN ORDINANCE AMENDING THE CITY OF OAK POINT S COMPREHENSIVE ZONING ORDINANCE NO ; REZONING A TRACT OF LAND CONSISTING OF ACRES, MORE OR LESS, SITUATED IN THE G.W. DANIELS SURVEY, ABSTRACT NO. 331 IN THE CITY OF OAK POINT, DENTON COUNTY, TEXAS, FROM THE ZONING CLASSIFICATION OF RANCH RESIDENTIAL (RE-5) TO THE ZONING CLASSIFICATION OF PLANNED DEVELOPMENT- COMMUNITY COMMERCIAL (PD-CC); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Oak Point, Texas (the "City Council") has investigated and determined that Comprehensive Zoning Ordinance No should be amended; and WHEREAS, the City of Oak Point, Texas ( Oak Point ) has received a request from CTF Asset Management, LLC ( Applicant ), to rezone acres of land, more or less, situated in the G.W. Daniels Survey, Abstract No. 331 in the City of Oak Point, Denton County, Texas; and WHEREAS, the City Council has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS, the City Council has further investigated into and determined that it will be advantageous and beneficial to Oak Point and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Page 1 of 11

88 SECTION 2: Amendments to Comprehensive Zoning Ordinance No Comprehensive Zoning Ordinance No is amended as follows: The zoning designation of the below-described property containing acres of land, more or less, situated in the G.W. Daniels Survey, Abstract No. 331 in the City of Oak Point, Denton County, Texas, (the Property ) is hereby rezoned as Planned Development-Community Commercial (PD-CC). The Property as a whole and the boundaries for the Property are more particularly described in Exhibit A attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with 1) the statement of intent and purposes, attached hereto as Exhibit B, and 2) the planned development standards, attached hereto as Exhibit C of which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules and regulations of Oak Point, as they currently exist or may be amended. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200 ) of the specific area to be amended. SECTION 3: No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the City Council in the manner provided for by law. SECTION 4: Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this zoning Ordinance. SECTION 5: Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Oak Point s Comprehensive Zoning Ordinance No , as they exist or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Oak Point from filing suit to enjoin the violation. Oak Point retains all legal rights and remedies available to it pursuant to local, state and federal law. Page 2 of 11

89 SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Oak Point hereby declares that would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Savings/Repealing Clause. Oak Point's Comprehensive Zoning Ordinance No shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF OAK POINT, TEXAS on this 15 th day of January, Keith Palmer, Mayor ATTESTED TO: AMY B. BOCKES, City Secretary Page 3 of 11

90 Exhibit A Property Description The Crossing is located in the City of Oak Point, Denton County, Texas, as recorded Instrument No of the Denton County Real Property Records ( acres at the northwest corner of F.M. 720 and McCormick Road) Page 4 of 11

91 Exhibit B Statement of Intent and Purpose CTF Asset Management, L.L.C. is seeking to rezone acres at the northwest corner of FM 720 and McCormick Road in Oak Point for office, retail, and commercial uses. Page 5 of 11

92 Exhibit C Planned Development Standards COMMERCIAL RETAIL DEVELOPMENT STANDARDS ACRES NORTHWEST CORNER OF FM 720 & MCCORMICK ROAD OAK POINT, TEXAS PD-Community Commercial (PD-CC) ( acres) The property shall be developed under the regulations of the Community Commercial (CC) District as outlined in Section V of the Zoning Ordinance No as is currently exists, or may be amended, and in general compliance with Exhibit D subject to the following conditions: 1. Permitted Uses. Permitted uses include the uses permitted in the CC District and the following uses: Amusement inside. Antenna, broadcasting (SUP). Antique shop/used furniture. Assisted care or living facility. Athletic stadium/field. Auto parts sales (incidental to the primary use only). Automotive service garage. Bank/credit union/savings and loan (with or without drive thru facilities). Beauty shop/barber shop. Bed and breakfast inn. Building material and hardware store (maximum of 75,000 square feet of enclosed floor area for each store). Church, including church-related uses and activities (i.e. daycare, recreation, etc.). Civic/convention center. Community center. Consumer goods repair. Convenience store with gas pumps and accessory car wash. Convenience store without gas pumps and accessory car wash. Country club, including country club-related uses (i.e. clubhouse, golf course, swimming pool, tennis courts, etc.). Dance/gymnastics studio. Day care for children/preschool. Drug store. Dry cleaning. Flower shop. Furniture, home furnishings and appliances (maximum of 75,000 square feet of enclosed floor area for each store). Page 6 of 11

93 Gasoline service station with gas pumps and accessory car wash. Government center/service/office. Golf course, including golf course-related uses and activities (i.e. clubhouse, etc.). Grocery store/food market (maximum of 75,000 square feet of enclosed floor area for each store). Health and fitness center. Hospital. Hotel. Medical emergency clinic (minor). Medical/dental/optical office. Medical laboratory. Municipal uses operated by the City of Oak Point. Museum/art gallery. Nursery/garden center (commercial). Office, administrative, governmental, medical, professional. Office showroom. Park, playground, open space, trail(s), recreation center/amenity center, including related uses (i.e. play equipment, swimming pool, tennis court, skate board/roller hockey court, basketball court, volleyball court, etc.) (public and/or private). Professional/non-inventory sales/service. Print shop. Research and development center. Restaurant. Restaurant with drive-thru/drive-in service. Retail sales/service (maximum of 75,000 square feet of enclosed floor area for each store). School (public). School (private/parochial). Studio, instructional/artistic. Temporary field construction office. Theater. Utility distribution lines and facilities (excluding power stations). Veterinary clinic/kennel with no outside pens. Other uses similar to the above listed permitted uses, provided that the Oak Point City Council approves the proposed uses prior to issuance of a building permit. 1. For the purpose of this Planned Development, Office Showroom shall be defined as an establishment with a minimum of seventy-five (75%) percent of its total enclosed floor area devoted to storage and warehousing, but not accessible to the general public. The Page 7 of 11

94 remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas. 2. For the purpose of this Planned Development, Research and Development Center shall be defined as a facility that includes laboratories and experimental equipment for medical testing, prototype design and development, and product testing. Any facility that is determined by Health, Fire, or Building officials to be a hazard or nuisance to adjacent property or the community at large, due to the possible emission of excessive smoke, noise, gas, fumes, dust, odor, or vibration, or the danger of fire, explosion, or radiation is not to be included in this category 3. Retail, commercial, office and/or city services uses shall be permitted to develop on the property in general conformance with the General Development Plan (Exhibit D). The conceptual layout for the uses, as indicated on the General Development Plan, may be altered at the time of site planning, platting and/or Detailed Development Plan without amending Zoning and/or the General Development Plan, provided the revised layout is in general conformance with the conceptual layout in the approved General Development Plan, and the requirements within this ordinance are met. Commercial/Retail/Office/City Services If Tract 1 is developed with commercial, retail, office and/or city service uses, the development standards are subject the standards of the CC District as outlined in City of Oak Point Zoning Ordinance (Ord. No ), as it currently exists or may be amended subject to the following conditions: 1. Minimum lot area shall be thirty thousand (30,000) gross square feet; No maximum lot area. 2. Minimum lot width shall be eight (80 ) feet; No maximum lot width. 3. Minimum lot depth shall be one hundred (100 ) feet; No maximum lot depth. 4. Maximum lot coverage shall be fifty (50%) percent. 5. Minimum front yard shall be forty-five (45 ) feet. Front yards are required on both streets for corner lots. 6. Minimum rear yard shall be twenty (20 ) feet. 7. Minimum side yard shall be twenty (20 ) feet. No side yard shall be required where commercial structures are attached. 8. Parking shall be permitted in front, rear and side yards, but shall be prohibited in the required thoroughfare landscape buffers. 9. Maximum building height shall be two (2) stories, not to exceed forty (40 ) feet. 10. Maximum Floor Area Ratio shall be 0.45: Big box retail shall not be permitted, unless otherwise approved by Planning & Zoning Commission and/or City Council. Big box retail shall be defined as a single tenant retail building or a single tenant space with more than 75,000 square feet of enclosed floor area. Page 8 of 11

95 Thoroughfare Landscape Buffers 1. A thoroughfare landscape buffer with a minimum width of twenty-five (25 ) feet shall be provided adjacent to and outside of the right-of-way of F.M The thoroughfare landscape buffer along F.M. 720 shall include at a minimum the following: a. A minimum of one (1) Large/Shade Tree, as defined by the City of Oak Point Appendix C-Approved Landscape Materials, for every thirty (30) linear feet of landscape buffer. Large/Shade Trees shall be a minimum of three (3 ) caliper inches at time of planting, and may be evenly spaced in a formal manner, or spaced in informal, non-linear groupings. b. Two (2) Ornamental Trees, as defined by the City of Oak Point Appendix C- Approved Landscape Materials, may be substituted for one (1) Large/Shade Tree. Ornamental Trees shall be a minimum of three (3 ) caliper inches at time of planting, and may be evenly spaced in a formal manner, or spaced in informal, non-linear groupings. c. Large/Shade Trees shall be planted a minimum of four (4 ) feet from curbs, sidewalks and utility lines. Ornamental Trees may be planted a minimum of three (3 ) feet from curbs, sidewalks and utility lines with approval of the City Engineer or designee. d. Earthen berms shall be required within the thoroughfare landscape buffer, and shall not exceed a 4:1 slope. Berms shall be non-continuous, of gently rolling contour, and shall not interfere with positive drainage. 3. Uniform landscape materials and/or designs shall be used for all thoroughfare landscape buffers and landscaped entry features/areas adjacent to F.M. 720 to provide an overall unifying theme. 4. Uniform construction/building materials and/or design shall be used for screening walls/fences, entryways, signage, street furniture and lighting adjacent to F.M. 720 to provide an overall unifying theme. 5. A thoroughfare landscape buffer with a minimum width of twenty (20 ) feet shall be provided adjacent to and outside of the right-of-way of McCormick Road. 6. The thoroughfare landscape buffer along McCormick Road shall include at a minimum the following: a. A minimum of one (1) Large/Shade Tree, as defined by the City of Oak Point Appendix C-Approved Landscape Materials, for every thirty (30) linear feet of landscape buffer. Large/Shade Trees shall be a minimum of three (3 ) caliper inches at time of planting, and may be evenly spaced in a formal manner, or spaced in informal, non-linear groupings. b. Two (2) Ornamental Trees, as defined by the City of Oak Point Appendix C- Approved Landscape Materials, may be substituted for one (1) Large/Shade Tree. Ornamental Trees shall be a minimum of three (3 ) caliper inches at time of planting, and may be evenly spaced in a formal manner, or spaced in informal, non-linear groupings. Page 9 of 11

96 c. Large/Shade Trees shall be planted a minimum of four (4 ) feet from curbs, sidewalks and utility lines. Ornamental Trees may be planted a minimum of three (3 ) feet from curbs, sidewalks and utility lines with approval of the City Engineer or designee. d. Earthen berms shall be required within the thoroughfare landscape buffer, and shall not exceed a 4:1 slope. Berms shall be non-continuous, of gently rolling contour, and shall not interfere with positive drainage. 7. Uniform landscape materials and/or designs shall be used for all thoroughfare landscape buffers and landscaped entry features/areas adjacent to McCormick Drive to provide an overall unifying theme. 8. Uniform construction/building materials and/or design shall be used for all screening walls/fences, entryways, signage, street furniture and lighting adjacent to provide an overall unifying theme. Construction and Architectural Standards Construction and architectural standards shall be provided in accordance with the City of Oak Point Zoning Ordinance (Ord ), as it currently exists or may be amended, subject to the following conditions: 1. All structures shall have similar architectural styles, materials and colors. 2. All structures shall be constructed of masonry as the primary construction material. Masonry shall consist of brick, stone or similar masonry unit-type materials, or a minimum of one (1 ) thick stucco construction. Secondary construction materials may be used to accent primary materials with the following limits on any one façade: a. Aluminum, or other metals maximum of ten (10%) percent. b. Stucco or cement siding maximum of twenty (20%) percent. c. Tinted or split face Concrete Masonry Unit (CMU) maximum of fifteen (15%) percent. d. Exterior Insulation and Finish Systems (EIFS) or similar maximum of twenty (20%) percent if approved by Planning & Zoning Commission and/or City Council at time of site plan, platting and/or Detailed Development Plan approval. Parking Requirements Parking standards shall be provided in accordance with Section IX Parking Requirements of the City of Oak Point Zoning Ordinance (Ord ), as it currently exists or may be amended. Lot Subdivsions Lots are not required to have frontage on F.M. 720 or McCormick Road provided a minimum of two separate means of access are provided to a lot without frontage through a series of fire lane easements that extend to two separate driveways along F.M. 720 and/or McCormick Road. The fire lane easements shall be dedicated to the City by plat. Page 10 of 11

97 Signage One (1) individual monument sign may be constructed on each lot containing a building. An individual monument sign shall not exceed sixty (60) square feet in area and shall not be greater than eight (8) feet in height. Signs shall be constructed entirely of masonry materials or shall include a one-foot masonry border. Sign height shall be measured from grade to the highest point of the sign and the border shall be included in the measurement of the sign area. In the future, the City Council will consider authorizing the use of a maximum of one (1) multiuser monument sign along F.M A multi-user monument sign is intended to be used by occupants of any portion of the Property. The size, height, and design of the multi-user monument sign are all subject to City Council approval. Page 11 of 11

98 To: From: Mayor & City Council Luke B. Olson, City Manager Re: City Council Meeting January 15, 2018 (Continued from December 18, 2017) Agenda Item: Continue a public hearing, discuss, and act upon a request to amend the City of Oak Point s Comprehensive Plan, specifically the future land use element of the plan. The request is to amend a acre tract of land west of Yacht Club Road and South of Martingale Road from Ranch Residential to Estate Residential Description of Agenda Item: History Tom Lilly currently owns approximately acres located west of Yacht Club Road, approximately 1,150 +/- south of Martingale. All acres is located within the City of Oak Point limits and is currently zoned Ranch Residential 3 (RE-3) for a minimum 3 acre lots. The applicant has requested to amend the City s comprehensive plan from Ranch Residential to Estate Residential. The Comprehensive Plan is intended to serve as a guide for policy decisions relating to the physical, social, and economic growth of the community. The Plan establishes the vision and direction of the community. A comprehensive plan is to a community what a business plan is to a business. While Oak Point s Comprehensive Plan should be flexible enough to respond to changing needs, the community should remain steadfast in its vision and support for the core goals and objectives contained in the Plan. The City of Oak Point s Comprehensive Plan is organized into eight individual plan elements or chapters. Each chapter of the Plan is developed to specifically address the current and anticipated needs of the community by including a summary of existing conditions, discussion of issues, followed by goals, objectives, and actions. The chapters that are generally applicable to zoning requests include Land Use, Transportation, Economic Development, Community Facilities and Services, and Water, Wastewater and Drainage. The Future Land Use Plan (FLUP) reflects the desired pattern of growth in the City and ETJ. The FLUP provides City staff and City officials with a guide for day-to-day land use decisions to ensure that development occurs in an orderly and efficient manner. While the FLUP is intended to guide public and private decision making for future land use and development within the community, it is important to realize that the FLUP is a conceptual plan. Agenda Item No. 13 Page 1 of 6

99 The Land Use Chapter of the Comprehensive Plan states that it is generally agreed that the predominant land use for Oak Point should be large lot (one acre or larger), single-family homes in a rural setting. However, six classifications of residential land use are depicted on the FLUP to provide for a range of housing sizes, types, and densities to meet the future needs of Oak Point. Each residential classification is defined by density. The term density is used to illustrate the maximum number of housing units per acre allowed. Density is defined as the maximum number of dwelling units per acre determined by dividing the total number of proposed units in a tract of land by the total number of acres, excluding common open space, rights-of-way, parks, drainage ways, flood ways and community facilities. The residential designations depicted on the FLUP include: Residential Designation Ranch Residential Estate Residential Country Residential Rural Residential High Density Residential Manufactured Home Density Maximum of 0.3 units per acre Maximum of 1.0 unit per acre Lot size greater than 1.0 acre Maximum of 2.0 units per acre Maximum of 3.8 units per acre Maximum of 2.0 units per acre Current Comprehensive Plan: (Future Land Use) The current Comprehensive Plan designates the future land use for the subject property as Ranch Residential. Ranch Residential prescribes as residential density of 0.3 residential units per acre or roughly on residential unit for each three acres of land. The requested change to the land plan is Estate Residential. The Future Land Use Plan states that the purpose of this land use category is to provide medium acre single-family detached residences with generous amounts of open space per lot. This land use category provides for residential development of single-family detached dwellings at a density not greater than 1.0 unit per acre. The City Council has a long-standing policy that higher density development should be located on the east side of FM 720 and that lower density residential developments should be maintained on the west side of FM 720. In this regard, the requested amendment to the plan conforms to the City Council policy. Implementation: The Future Land Use Plan is a very general plan for future land use development. It bridges the gap between existing and future development. In using land use principles and policies it is available to guide new projects so that they may better blend into the community. The Plan is not to be considered etched in stone of viewed as zoning. The areas shown on the map are considered to be the best use of the property at the time the map was developed. The map does not attempt to predetermine the use of each individual tract, but seeks to establish a logical framework for future land use and development decisions. Agenda Item No. 13 Page 2 of 6

100 The Future Land Use map was originally created in Amendments to the Future Land Use Plan: It is recognized that circumstances will change in the future and the Comprehensive Plan will require modifications and refinements to be kept up-to-date and current. Needed adjustments and changes to the Future Land Use Plan and other components of the Land Use element should be carefully considered as part of the annual Plan updates and five-ear major Plan revisions. Amendments to the Future Land Use Plan should be subject to the same scrutiny and considered through the same public processes and procedures reqruie in any ordinance change. Legal Obligations and Review: In preparation for the public hearings scheduled for the Planning & Zoning Commission meeting on Tuesday, October 3, 2017 and the City Council meeting on Monday, October 16, 2017, a notice of the public hearing was published in the Little Elm Journal on Friday, September 8, 2017 and on the City s website. There were no mailing requirements associated with this amendment. Attached Documents: Exhibit 1 - Zoning Map Exhibit 2 Future Land Use Plan Exhibit 3 Thoroughfare Plan Board, Committee and/or Staff Recommendation: At their meeting on December 5, 2017 the Planning & Zoning Commission voted 3-2 to recommend that the City Council approve the request to amend the Comprehensive Plan regarding the Future Land Use Plan for approximately acre tract of land located west of Yacht Club Road and South of Martingale Road from Ranch Residential to Estate Residential. The City Council voted to continue the public hearing to the January 15, 2018 meeting. If the City Council does not concur with the Planning & Zoning Commission s recommendation the City Council can vote to deny the request. Agenda Item No. 13 Page 3 of 6

101 EXHIBIT-ZONING MAP Subject Property Agenda Item No. 13 Page 4 of 6

102 Agenda Item No. 13 Page 5 of 6

103 Thoroughfare Plan Agenda Item No. 13 Page 6 of 6

104 To: From: Mayor & City Council Luke B. Olson, City Manager Re: City Council Meeting January 15, 2018 (continued from December 18, 2017) Agenda Item: Continue a public hearing, discuss, and act upon a request to rezone approximately acres located on the west side of Yacht Club Road, approximately 1,150 feet south of Martingale from RE-3 Single- Family Residential District to Planned Development-PD-17-R1/R3 Single-Family Residential District (PD- 17-R1/R3). Description of Agenda Item: History Tom Lilly currently owns approximately acres located west of Yacht Club Road, approximately 1,150 +/- south of Martingale Road. All acres is located within the City of Oak Point limits and is currently zoned Ranch Residential 3 (RE-3) for a minimum one unit per 3 acre lots. The applicant has requested a rezoning of the property to create a Planned Development with two lot types; minimum one (1) acre lots, and minimum three (3) acres lots. Current Zoning The current zoning of the subject property is RE-3 Ranch Residential". The RE-3 District is a residential district intended for the development of detached single-family dwelling units on minimum three (3) acre tracts or lots. Zoning, Use, and Designations of Surrounding Properties The zoning, existing use, and Future Land Use Plan (FLUP) designation of properties surrounding (adjacent and near) the acres are as follows: Zoning Existing Land Use FLUP Designation North R-4X Crescent Oaks Beach Estates (Minimum 10,000 square foot lots) High Density Residential North RE-3 Trailwood Subdivision (3 acre minimum) Estate Residential (Proposed) East PD-3 PD-9 RE-5 Hunters Ridge (5 acre minimum) Prestonwood Polo (2.5 gross/1 net acre) Undeveloped (Default Zoning) Ranch Residential Ranch Residential Ranch Residential South PD-1 Eagles Landing (min. 1 acre lots) Estate Residential West R-3X Crescent Oaks Beach Estates (Minimum 15,000 square foot lots) High Density Residential Agenda Item No. 14 Page 1 of 16

105 Requested Zoning The applicant is requesting to rezone the property to Planned Development-17-R1/R3 Single-Family Residential District (PD-17-R1/R3) with two lot types; one acre minimum lots and three acre minimum lots. Planned development zoning provides an opportunity for flexibility in defining zoning regulations for the development of a specific property as determined by an amending ordinance for each development, while ensuring the intent of this ordinance (the Zoning Ordinance), existing land-use plans and the Comprehensive Plan are met. Planned Development (PD) zoning should generally be used as a tool to modify zoning standards to accommodate unique projects or enhance development standards, rather than simply using PD zoning as a mechanism to reduce development standards. PD-17-R1/R3 would allow for the development of a maximum of 65 single-family residential units on the acre property. Any development standards that are not addressed by the PD will default to the R1 Single-Family Residential District. Permitted Uses The requested zoning is intended primarily for the development of detached single-family dwelling units. However, other uses that are accessory to residential uses such as parks, other recreational uses, home occupations, and accessory structures are also permitted. Lot Size and Density The development standards (see Exhibit 8) for PD-17 are structured to allow for two lot types with minimum areas of 43,560 square feet, and 130,680 square feet. The following chart compares the development standards for PD-17 to the standards of the R1 District and surrounding R4X Zoning. PD-17 PD-1 R4X Minimum Lot Area 43,560 sq. ft./130,680 43,560 square feet 10,000 square feet sq. ft. Minimum Dwelling Area 2,500 square feet 2,500 square feet 1,250 square feet Minimum Lot Width 130 feet/200 feet 130 feet 60 feet Minimum Lot Depth 150 feet/300 feet None specified 100 feet Maximum Height 40 feet 50 feet 35 feet Minimum Front Yard 45 feet/60 feet 50 feet 25 feet Minimum Side Yard 20 feet/30 feet 20 feet 10 feet Minimum Rear Yard 40 feet/100 feet 20 feet 30 feet Maximum Lot Coverage 30%/20% None specified 30% Minimum Dwelling Area As shown above, the minimum dwelling areas required for homes within PD-17 are 2,500 square feet. In comparison, the minimum dwelling areas required of homes in other areas of Oak Point are: Subdivision Zoning Minimum Dwelling Area Crescent Oaks R4X and R3X 1,250 s.f. and 1,500 s.f. Eagles Landing PD-1 1,800 s.f. (2,500 s.f. after Feb 2000) Emerald Sound PD-2 2,000 s.f (2,500 s.f. for Lots ) Gates of Waters Edge PD-8 2,500 s.f. Agenda Item No. 14 Page 2 of 16

106 Hunters Ridge Addition PD-3 2,000 s.f. Hunters Ridge Estates PD-5 2,500 s.f. Rudman property PD-7 1,100 s.f. Shore Acres/Cedar Pine Lane R4X and R3X 1,250 s.f. and 1,500 s.f. Woodridge Estates PD-6 1,400 s.f. 1,500 s.f., and 1,800 s.f. Yacht Club Estates R3X 1,500 s.f Open Space and Landscaping The development standards for PD-17 do not designate open space located within the proposed development, except for a buffer adjacent to Yacht Club Road. The development standards for PD-17 also require that at least two trees of three (3) caliper inches or greater be provided on each singlefamily lot. Existing healthy trees of any variety, with a minimum of three (3) caliper inches, may count towards meeting these requirements. Comprehensive Plan The Comprehensive Plan is intended to serve as a guide for policy decisions relating to the physical, social, and economic growth of the community. The Plan establishes the vision and direction of the community. A comprehensive plan is to a community what a business plan is to a business. While Oak Point s Comprehensive Plan should be flexible enough to respond to changing needs, the community should remain steadfast in its vision and support for the core goals and objectives contained in the Plan. The City of Oak Point s Comprehensive Plan is organized into eight individual plan elements or chapters. Each chapter of the Plan is developed to specifically address the current and anticipated needs of the community by including a summary of existing conditions, discussion of issues, followed by goals, objectives, and actions. The chapters that are generally applicable to zoning requests include Land Use, Transportation, Economic Development, Community Facilities and Services, and Water, Wastewater and Drainage. Land Use The Future Land Use Plan (FLUP) reflects the desired pattern of growth in the City and ETJ. The FLUP provides City staff and City officials with a guide for day-to-day land use decisions to ensure that development occurs in an orderly and efficient manner. While the FLUP is intended to guide public and private decision making for future land use and development within the community, it is important to realize that the FLUP is a conceptual plan. The Land Use Chapter of the Comprehensive Plan states that it is generally agreed that the predominant land use for Oak Point should be large lot (one acre or larger), single-family homes in a rural setting. However, six classifications of residential land use are depicted on the FLUP to provide for a range of housing sizes, types, and densities to meet the future needs of Oak Point. Each residential classification is defined by density. The term density is used to illustrate the maximum number of housing units per acre allowed. Density is defined as the maximum number of dwelling units per acre determined by dividing the total number of proposed units in a tract of land by the total number of acres, excluding common open space, rights-of-way, parks, drainage ways, flood ways and community facilities. Agenda Item No. 14 Page 3 of 16

107 The residential designations depicted on the FLUP include: Residential Designation Ranch Residential Estate Residential Country Residential Rural Residential High Density Residential Manufactured Home Density Maximum of 0.3 units per acre Maximum of 1.0 unit per acre Lot size greater than 1.0 unit per acre Maximum of 2.0 units per acre Maximum of 3.8 units per acre Maximum of 2.0 units per acre Land Use Policies The Land Use Chapter of the Comprehensive Plan contains a number of policies that serve as guides for decision-making. The Plan states that the policies should be a continual reference for City officials and City staff to assure that goals, objectives and actions are addressed when reviewing zoning classification changes or amendments to the Future Land Use Plan. The policies are: 1. Residential development densities should reflect the desires of the community to maintain its rural character. Lot sizes of at least one house per acre net are recommended. With a proposed density of less than one house per acre net, the requested zoning is consistent with the one house per acre net recommendation. 2. Residential lots should be discouraged from backing to arterial or major streets. The design of the concept plan does not depict any lots backing directly to arterial or major streets. 3. Residential areas should be buffered from incompatible uses and where adjacent to thoroughfares through the use of landscaping features, distance separation and/or screening walls. The concept plan shows four lots adjacent to Yacht Club Road the PD requires landscape buffers along Yacht Club Road between the four lots and the roadway. No driveway access will be allowed onto Yacht Club Road. 4. Natural features should be preserved. Greenbelts and trails should take advantage of the natural environment to link different residential areas to each other, and to City and community facilities. The property does contain several trees and ponds. The PD requires preservation of numerous trees and all ponds located on the property. No greenbelts or trails are required. 5. New local residential streets should be encouraged to be rural in character. Lots will not face Yacht Club Road and driveway connections to Yacht Club Road will not be permitted. There will be no improvements done to Yacht Club Road and landscape buffers are noted in previous paragraphs. 6. Local streets should also be curvilinear and provide green space either in the median or parkway to ensure a rural neighborhood atmosphere. Agenda Item No. 14 Page 4 of 16

108 Street patterns generally depicted in the concept plan shall be considered curvilinear for the purpose of satisfying requirements in the City Ordinances. 7. Collector streets should be tree-lined and maintain the rural character of the community. The subject property runs parallel to Yacht Club Road and will have landscape buffers including existing trees along the property line. 8. Community facilities should be centrally located together in easily accessible areas within the community, adjacent to major streets to accommodate traffic and should be accessible by trails and sidewalks. No municipal facilities are proposed to be located on the subject property. There are no proposed amenity centers in the development and side-walks are not required. 9. Adequate park dedication for all new residential subdivisions should be evenly dispersed throughout the city and there should be linkages between parks, schools and residential areas. Natural features, such as creeks and floodplains, should be preserved in parks and open space areas. The City s Parks and Trails Plan does not show any parks or trails on the subject property. Because the Parks and Trails Plan does not show a park on the subject property, the planned development standards state that City park fees will be paid in lieu of park dedication. Park fees are used by the City to purchase or make improvements to City parks. 10. Commercial uses within the City should be concentrated within the 720 Corridor Overlay District, should be large enough to accommodate intended uses with adequate parking and suitable landscaping, and should be developed in accordance with the provisions of the 720 Corridor Overlay District. Commercial uses should include a variety of neighborhood stores and freestanding commercial sites. Where possible, commercial uses should be located adjacent to City facilities and arranged in a town square concept. This policy is not applicable to this zoning request. 11. Transportation access and circulation should be provided from existing and future residential neighborhoods to future commercial areas, but should not infringe upon neighborhoods. All access to future commercial areas along F.M. 720 will be provided via McCormick Road and Martingale Road. 12. Development along FM 720 should be consistent in design and reflect the development standards for all future development adjacent to FM 720 through the use of architectural standards for buildings, landscape buffers, lighting and signage as established in the 720 Corridor Overlay District. This policy is not applicable to this zoning request. In addition to the above listed policies, the Land Use Chapter of the Plan contains a number of goals, objectives, and actions which serve as a foundation for guiding future land use within the City. These goals, objectives, and actions include: Land Use Goal: Maintain Oak Point s unique country atmosphere with an appropriate variety of land uses for both residential and commercial development. Agenda Item No. 14 Page 5 of 16

109 Objective 3.1: Assure that new developments are compatible with existing City neighborhoods. Action 3.1.1: Require new developments adhere to development standards and design guidelines. If the requested zoning is approved, any development on the property will be required to adhere to the development standards contained within PD-17 and any applicable requirements of the City s Zoning and Subdivision Ordinances. Action 3.1.2: Locate appropriate commercial uses along FM 720 in the 720 Corridor Overlay District ensuring that architectural standards, landscape buffering, lighting and signage adhere to development standards established for the 720 Corridor Overlay District. This action policy is not applicable to this zoning request. Action 3.1.3: Review all new development to ensure conformity with the Future Land Use Plan. As noted above, the FLUP designates Ranch Residential uses for the property, however, if the amendment to the FLUP on the previous items was approved. The proposed density (Estate Residential) does conform to the FLUP. If the previous agenda item is not approved the proposed density exceeds the density recommendations of the Ranch Residential designation, and the request does not conform to the FLUP. Objective 3.2: Protect the natural landscapes. Action 3.2.1: Require all new residential development preserve existing trees and natural features. While the property does contain several trees and ponds, the subject property contains no other significant natural features. PD-17 requires the preservation of trees for landscape requirements and ponds will remain. Action 3.2.2: Place natural areas in parks and greenbelt areas. The subject property contains significant natural areas and ponds. The concept plan for the project was designed so that the areas of the project that have ponds and larger trees are preserved to protect natural areas. Action 3.2.3: Require additional setbacks in zoning to allow rural streetscapes along major collectors and arterial streets. The setback adjacent to Yacht Club Road is proposed to be 20 and any preserved trees along Yacht Club Road would satisfy all roadway screening and buffering requirements. Action 3.2.4: Require all new developments to incorporate adequate open space. The request does not propose private open space but given the size of the lots, the preservation of natural landscape proposed and that an attribute of Estate Residential land use is generous amounts of open space per lot. Therefore the request conforms. Action 3.2.5: Link new and existing neighborhoods with a system of trails. Agenda Item No. 14 Page 6 of 16

110 Transportation The City s Parks and Trails Plan does not show any parks or trails on the subject property. The City s Thoroughfare Plan shows the general alignment and size of collector sized streets and greater. No streets depicted on the Thoroughfare Plan are planned to extend through or adjacent to the subject property. Each lot within a proposed subdivision should have two means of access to and from the property for emergency response and traffic distribution purposes. Access to the subject property will be derived through two entrances off of Yacht Club Road. There are no additional collector roads required or planned. Economic Development The guiding principles, goals, and objectives contained in the Economic Development chapter of the Comprehensive Plan are not applicable to this zoning request, because the guiding principles, goals, and objectives are directed towards retail and commercial development as opposed to residential development. While the development of the property may not tie directly to the principles, goals, and objectives contained in the Economic Development chapter of the Comprehensive Plan, it should be noted that the development of the subject property could result in the construction of approximately 65 additional homes in Oak Point s retail trade area. Besides increasing the number of rooftops in Oak Point s retail trade area which will likely result in the development of some sales tax generating retail businesses at the intersection of FM 720 and Shahan Prairie Road/McCormick Road, sales tax will be generated by utilities and home businesses associated with these homes. It should also be noted that retail development is typically driven more by surrounding rooftops (population density) than by drive-by traffic. In order for Oak Point to attract retail businesses, the number of homes in the Oak Point area must increase. A greater number of rooftops equates to a greater demand for retail which equates to a greater amount of sales tax collected by the City. Community Facilities and Services Parks The City s Parks and Trails Plan does not show a park or trails on the subject property. Because the subject property is not designated for a park, City park fees will be paid in lieu of park dedication when homes are constructed. Schools The subject property is located within the Little Elm Independent School District (LEISD). City staff recently forwarded information regarding development activity in Oak Point to a demographer employed by the DISD and the Little Elm Independent School District. Municipal Facilities The City does not currently have a need for any type of municipal facility in the immediate vicinity of the property. Water, Wastewater and Drainage Agenda Item No. 14 Page 7 of 16

111 Water The property is located within Mustang Special Utility District s service area. Representatives of the development have communicated their plans to Mustang SUD. Wastewater This property will require individual septic systems (OSSF). Other Factors to Consider When Evaluating a Zoning Request When reviewing zoning requests or amendments to the FLUP, the FLUP and the policies contained within the Comprehensive Plan should be referenced by City officials and City staff to assure that the goals, objectives and actions of the Plan are addressed. In addition, the City s Zoning Ordinance states that the Planning and Zoning Commission shall also consider several factors when making a recommendation on a zoning change to the City Council. These factors include: 1. Whether the uses permitted by the proposed change will be appropriate in the immediate area of concern and their relationship to the general area and the City as a whole. In addition to consulting the FLUP when evaluating zoning requests, the current land use and current zoning of adjacent properties should be considered to determine the appropriateness of the proposed change. Although the property is designated for Ranch Residential use by the FLUP, an approval of the amendment in the previous item would change the zoning to Estate Residential and the property is bordered to the north by R-4X (High Density Residential), the south by Planned Development-1 (Estate Residential), the east by Planned Development-3 (Ranch Residential), Planned Development-9 (minimum 2.5 acres lots/ranch Residential), and the west by, R-3X (High Density Residential). Lot sizes are noted above in a table of surrounding zoning. 2. Whether the proposed change is in accordance with any existing or proposed plans for providing public schools, streets, water supply, sanitary sewers, and other utilities to the area, and shall note the findings. As noted above, there are no existing or proposed plans for municipal facilities or schools on the property. 3. The amount of vacant land currently zoned for similar development in the vicinity and elsewhere in the City, and any special circumstances which may make a substantial part of such vacant land unavailable for development. The only areas currently zoned for similar development as the request are Eagles Landing and Emerald Sound with minimum one acre lots. Other surrounding vacant areas are zoned the same as the current zoning of the property for the rezoning request. 4. The recent rate at which land is being developed in the same zoning classification as the request, particularly in the vicinity of the proposed change. There has been rapid development throughout the City, with most of the development being located on the West side of FM 720 zoned for high density. Areas with similar zoning as the proposed change have seen steady building permits for vacant lots left within the areas. Agenda Item No. 14 Page 8 of 16

112 Budget Impact: Approval of the requested zoning could lead to the development of up to 65 additional homes in the City of Oak Point requiring the City to provide services to the future homeowners. Mustang Special Utility District is the water provider for the property. As it does today, the City will be required to provide police and fire protection services to the property which property tax revenue is used to fund City operations such as these. Legal Obligations and Review: In preparation for the public hearings scheduled for the Planning & Zoning Commission meeting on Tuesday, December 5, 2017 and the City Council meeting on Monday, December 18, 2017, a notice of the public hearing was published in the Little Elm Journal on Friday, November 17, 2017 and notices of the public hearing were mailed to property owners within 200 feet of the subject property on Wednesday, November 22, Zoning signs were also placed on the property. Each of the notices that were mailed to the property owners included reply forms that owners may use to submit their position on the requested zoning. As of Friday, December 15, 2017, fourteen (14) reply forms had been submitted to City Hall in opposition of the request and one (1) in favor. Unlike the ministerial process associated with plats and site plans, zoning decisions are discretionary. The Planning & Zoning Commission and City Council are under no obligation to approve or deny the zoning request. Attached Documents: Exhibit 1 Concept Plan Exhibit 2 Aerial Map Exhibit 3- Existing Conditions Map Exhibit 4 - Zoning Map Exhibit 5 Future Land Use Plan Exhibit 6 Thoroughfare Plan Exhibit 7 PD Standards Reply Form(s) responses Board, Committee and/or Staff Comments/Concerns: If the City Council failed to approve the requested amendment to Future Land Use Plan to allow for one acre lots on the subject property, then the recommendation is for denial since the request would be inconsistent with the current Comprehensive Plan. Below are the comments/concerns presented by the City planner in regards to the request: The concept plan shows utility easements bifurcating lots. It is the intent to relocate the Mustang Special Utility District water line easement within the proposed streets and abandon the existing alignment. Burial of the power lines within streets will be considered. However, if neither occur, even the most constrained lots have more than adequate area for construction of homes, accessory uses, and yards. Any gated streets within the proposed planned development should require approval by the Planning & Zoning Commission and City Council. Agenda Item No. 14 Page 9 of 16

113 The proposed Planned Development provides for elements that are inconsistent with the City s Subdivision Regulations, namely an over length cul-de-sac. Improvements to Yacht Club Road adjacent to the subject property shall be required as part of the platting and public improvement coincident with the development of the subject property, if such improvements are consistent with the subdivision ordinance, state law, and deemed necessary by the city. Any preliminary plat or final plat for any phase of the development shall comply with the approved conceptual plan. The request does not include and public or open space within the boundaries of the proposed planned development, except for a landscape buffer area adjacent to Yacht Club Road. Board and Commission Options: At their meeting on December 5, 2017 the Planning & Zoning Commission voted 3-2 to recommend that the City Council approve a request to rezone approximately acres located on the west side of Yacht Club Road, approximately 1,150 feet south of Martingale Trail from RE-3 Single-Family Residential District to Planned Development-PD-17-R1/R3 Single-Family Residential District (PD-17-R1/R3) subject to: 1. All three acre lots around the perimeter; 2. An additional 20 foot tree preservation clause for lots adjacent to Yacht Club Road; and 3. A non-monotony clause. The applicant has updated the Planned Development standards exhibit with items number 2 and 3 added and highlighted. If City Council does not concur with the Planning & Zoning Commissions recommendation for approval, the City Council may vote to: 1. Approve with additional/different conditional changes. 2. Table the request to a date specific meeting. (Tabling is recommended only if the City Council clearly states the reason for tabling and provides specific direction to City staff and/or the applicant.) 3. Deny the request. Agenda Item No. 14 Page 10 of 16

114 Exhibit 1 Concept Plan Agenda Item No. 14 Page 11 of 16

115 Exhibit 2 Aerial Map Agenda Item No. 14 Page 12 of 16

116 Exhibit 3 Existing Conditions Agenda Item No. 14 Page 13 of 16

117 Exhibit 4 Zoning Map Subject Property Agenda Item No. 14 Page 14 of 16

118 Exhibit 5 Future Land Use Plan Subject Property Agenda Item No. 14 Page 15 of 16

119 Exhibit 6 Thoroughfare Plan Agenda Item No. 14 Page 16 of 16

120 [Note: italicized words are to facilitate review and tracking of revisions made to accommodate certain conditions of the planning & zoning commission recommendation, and other requests and considerations] EXHIBIT C PLANNED DEVELOPMENT STANDARDS All zoning regulations, standards, uses, requirements, and processes for the R-1 District of the City of Oak Point Zoning Ordinance (Ord. No ), as it exists or may be amended, shall apply to the Planned Development except as follows: 1. The maximum number of single-family residential units permitted shall be The following single-family residential lot development standards shall apply: a. The minimum lot area shall be 43,560 sq. ft. b. The minimum lot area net of normal water surface shall be 21,780 sq. ft., said area being described by metes and bounds on the final plat. c. The minimum dwelling area (air-conditioned) shall be 2,500 sq. ft. d. The minimum lot width shall be 130 ft. measured along the platted front yard building line. e. The minimum lot depth shall be 150 ft., measured at the midpoints of the front and rear lot lines, or as otherwise approved by the city staff in unusual geometric situations and based on the provision of a buildable area evidenced by the placement of a building pad at least 70 wide, and 85 deep. f. The maximum lot coverage shall be 30%, including main structures and accessory structures. g. The maximum structure height shall be two and one-half (2 ½) stories measured at the highest point of the structure, not to exceed forty feet (40 ). h. The minimum front yard shall be 45 ft. i. The minimum side yard shall be 20 ft. j. The minimum side yard adjacent to a street shall be 35 ft. k. The minimum rear yard shall be 40 ft., except lots adjacent to the PD boundary shall have a minimum rear yard of 100 ft. 3. The following single-family residential lot development standards shall apply to the lots designated as Residential Estate Lot on the concept plan (Exhibit A & D): a. The minimum lot area shall be 130,680 sq. ft. b. The minimum lot area net of normal water surface shall be 21,780 sq. ft., said area being described by metes and bounds on the final plat. c. The minimum dwelling area (air-conditioned) shall be 2,500 sq. ft. d. The minimum lot width shall be 200 ft. measured along the platted front yard building line. e. The minimum lot depth shall be 300 ft., measured at the midpoints of the front and rear lot lines, or as otherwise approved by the city staff in unusual geometric situations and based on the provision of a buildable area evidenced by the placement of a building pad at least 70 wide, and 85 deep. f. The maximum lot coverage shall be 20%, including main structures and accessory structures. g. The maximum structure height shall be two and one-half (2 ½) stories measured at the highest point of the structure, not to exceed forty feet (40 ). h. The minimum front yard shall be 60 ft. i. The minimum side yard shall be 30 ft. j. The minimum side yard adjacent to a street shall be 50 ft.

121 k. The minimum rear yard shall be 100 ft. 4. Construction and Architectural Standards a. The main structure for residential uses shall be constructed of a minimum of 80% total masonry for all facades, exclusive of doors, windows, porches, chimneys, and walls provided in conjunction with an architectural element above the roof line (example: walls for dormers). No single façade shall have less than 75% masonry. Façade shall mean: Any separate face of a structure, including parapet walls and omitted wall line, or any part of a structure which encloses or covers usable space. Where separate faces are oriented in the same direction, or in directions within 45 degrees of one another, they are to be considered part of a single façade. Masonry shall consist of brick, stone, or similar masonry unit type materials, or a minimum of one (1 ) inch thick stucco construction. b. A house elevation shall not be repeated along the same side of a street without being separated by at least three (3) houses in between. A house elevation shall not be repeated across a street without being separated by at least two (2) houses in between. c. Roof slopes for the main structure of residential uses shall be a minimum of 8:12 and roof construction shall include opposing roof elements on the front facade and at least one other facade, unless otherwise approved by the Planning & Zoning Commission and/or City Council. d. All ground level mechanical, heating, ventilation, and air conditioning equipment shall be screened from view from a street with fence or landscaping that is at least six feet tall. e. Garages are permitted to encroach into the front yard by up to 10. f. Garage doors may not face the front street (generally parallel with the front street) unless located at least 80 from the front street right-of-way for Residential Estate lots, and 65 from the front street right-of-way for all other lots. g. Garage doors facing the front street, or the side street if a corner lot, shall include a minimum of three (3) of the following enhancements: i. Garage door recessed a min. of 12 from the garage face (when 2x6 framing is used the stud + face brick equals the 12 ) ii. Cedar / wood clad doors iii. 1-car garage door (i.e., third car garage) or double doors, if 2-car garage. iv. Decorative windows v. Decorative hardware vi. Reveals / texture h. All single family residential units shall be required to provide at least three (3) of the following architectural elements: i. 100 percent of each wall is finished with a masonry material exclusive of doors, windows, porches, chimneys, and walls provided in conjunction with an architectural element above the roof line (example: walls for dormers); ii. The front façade contains two types of complementary masonry finishing materials, with each of the materials being used on at least 25 percent of the front façade; iii. A minimum of 10 percent of the unit s front façade features patterned brick work, excluding soldier or sailor brickwork provided in association with a door or window;

122 iv. The unit only features garage doors that have a carriage style design; v. A minimum of three offsets in the front façade measuring at least one feet deep are provided or a minimum of one offset in the front façade measuring at least three feet is provided; vi. The unit features an articulated front entrance using lintels, pediments, keystones, pilasters, arches, columns, or other similar architectural elements; vii. A covered front porch which is at least 100 square feet in area is provided; viii. At least one dormer is provided for each roof plane over 500 square feet in area that faces a street. The dormer must be appropriately scaled for the roof plane and shall not be wider than the windows on the building elevation below; ix. Roof pitch at 10:12 side to side is incorporated into the front of the house; x. At least 50% of the windows facing a street feature shutters which must be in scale with the corresponding window; xi. Other innovative designs as may be requested by an applicant and approved by staff, or in staff s discretion or denial forwarded to the Planning and Zoning Commission for consideration, and if denied by the Planning and Zoning Commission, then appealed to the City Council. Such designs shall not have an adverse impact on current or future development, shall be in keeping with the spirit of the purpose of this section, shall not reduce the quality of the development, and shall not have an adverse impact on the public health, safety, and general welfare. Such applications and approvals shall not constitute an amendment of the Planned Development. 5. General Conditions and Restrictions a. Lots shall not front on to Yacht Club Road. b. Driveway connections to Yacht Club Road are not permitted. c. Gated private streets shall be allowed, but not required. d. Applicable City park fees will be required in lieu of park land dedication requirements. e. The street pattern generally depicted on the concept plan (Exhibit A & D) shall be considered curvilinear for the purposes of satisfying any such requirements in the City of Oak Point ordinances. f. Maximum block length shall be 1,200. Block length shall be defined as the distance along a street centerline between one or more intersecting streets (between a T intersection, or a 4-way intersection). A deflection in the centerline alignment of the street that is greater than 20 degrees, i.e., and elbow or eyebrow, or a roundabout, shall also terminate a block length for the purposes of this paragraph. g. The northwestern-most cul-de-sac depicted on the concept plan (Exhibit A & D), shall be permitted to extend up to 1,150, measured along the centerline, given the geographic constraints of the property, and the limited number of lots being served. h. Sidewalks are not required. i. The land plan and site data depicted on Exhibit A & D is conceptual and subject to change. Revisions to the plan that do not change the general lot layout, or change the general street configuration and pattern, and which adhere in all aspects to the restrictions of the PD, shall not

123 constitute an amendment of the PD, or require the submittal and approval of a revised plan prior to submittal of a preliminary plat. j. Phasing of the development may occur, provided the subdivision rules and regulations are adhered to unless superseded by the PD or waived by the City Staff, Planning & Zoning Commission, and/or City Council, as applicable. k. The minimum total width of landscaped or preserved open space adjacent to Yacht Club Road shall be 40 ft. A minimum of 20 immediately adjacent to Yacht Club Road right-of-way shall be dedicated as open space on the final plat. The balance of the total requirement may be in the form of a tree preservation easement on the final plat and may be fenced, remain within lots, and be under individual private ownership (not HOA). Within the 20 area immediately adjacent to Yacht Club Road and where a break in the existing tree canopy exceeds 40, landscaping shall include irrigation and 3-inch caliper trees selected from the Large/Shade Tree List, as defined by the City of Oak Point Zoning Ordinance Appendix C Approved Landscape Materials, and at a minimum, one Large/Shade Tree and a combination of two ornamental trees or 500 square feet of ornamental planting at a 3-gallon average shall be required for every thirty (30) linear feet of said breaks adjacent to Yacht Club Road. It is the intent of these standards to preserve the existing trees adjacent to Yacht Club Road and is not the intent of these standards to require new trees, new planting areas, or an irrigation system in areas of preserved trees, particularly when such new plantings and irrigation may be detrimental to the condition and survival of the new and existing trees. The requirements of this section shall satisfy all roadway screening and buffering requirements for Yacht Club Road. No conditions or requirements in these standards shall preclude removing trees to construct and install the subdivision entrances and utilities. l. Right-of-way dedication for Yacht Club Road required at the time of platting shall include sufficient width to achieve 60 of total right-of-way measured from the east line of the then existing right-of-way, or 30 from the center of the existing road, whichever is greater. m. Improvements to Yacht Club Road are not required. n. At least two (2) trees with a minimum of three (3) caliper inches selected from the Large/Shade Tree List, as defined by the City of Oak Point Zoning Ordinance Appendix C Approved Landscape Materials, shall be provided within the front yard of each single-family residential lot. Each existing healthy tree of any variety, with a minimum of three (3) caliper inches, that is preserved within the front yard of a lot shall satisfy the requirement for one required front yard tree on that lot. All required trees shall be planted within thirty (30) days of home occupancy for each lot. o. Removal of trees (any species, size, or type) within proposed and existing right-of-way and easements, and on the portion of lots within 155 of street right-of-way (170 for Estate Lots), shall not require mitigation (monetary or replacement). Furthermore, the total caliper inches of all trees six (6) inch caliper or greater that are preserved on a lot within 155 (170 for Estate Lots) of street right-of-way (any species or type) shall apply to the mitigation requirements for trees removed elsewhere on the same lot in accordance with applicable mitigation requirements or preservation ordinances that may exist at the time of development. Clearing of trees less than six (6) caliper inches, pruning, understory clearing, removal of deadfall, and other maintenance may occur anywhere within the planned development without mitigation.

124 p. Lots lines shall not bisect water bodies that cause dry portions of a lot to be non-contiguous and inaccessible from other dry portions of the same lot. q. No solid fencing shall be allowed anywhere on a lot between the rear lot line and the minimum rear yard setback. Fencing in this area may consist of wood rail, pipe rail, wire (not chain link), ornamental metal, or other open-style fencing proposed by applicant and approved by City Council at the time of platting or building permit. r. At the discretion of the City Council with the approval of the Preliminary Plat, the PD shall incorporate one of the following options related to a public pedestrian and bike trail along Yacht Club Road: i. Design and construct a meandering 8 wide trail along the west side of Yacht Club Road within the area comprising the adjacent Yacht Club Road right-of-way and the 20 landscape buffer adjacent to the road right-of-way. The 20 landscape buffer shall be dedicated on the final plat as a public easement for the intended use. This option is to provide for a segment of a public trail system, the remainder of which will be designed and constructed by the City or others. It is acknowledged that park fees, inspection fees, permitting fees, and other fees directly associated with the design and construction the trail will be waived up to, but not exceeding, the cost of designing and constructing the trail. ii. iii. Design of, but not the construction of, a meandering 8 trail with the remaining conditions of Option A applied. This option preserves the potential for a future trail to be located along the frontage of Planned Development, but also preserves the potential for the trail to be located along the east side of Yacht Club Road if the City so desires, or allows the City to collect park fees with the development of the Planned Development, then construct the trail in the future. Do not incorporate, design, or construct, a public trail along the frontage of the Planned Development. This option is a declaration that a trail is not desired or contemplated along the frontage of Yacht Club Road. s. A common home owner s association (HOA) shall be formed to enforce private deed restrictions, and manage maintenance of the Yacht Club Road landscape buffer, community entry identification, and other commonly owned areas or improvements. The HOA shall also have the right to perform major maintenance on ponds shared by multiple lots. Deed restrictions and HOA responsibility and authority related to common areas and common facilities, and privately owned shared ponds, will be included in deed restrictions which shall be provided to the City for review prior to recording a final plat.

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