NOTICE OF A REGULAR MEETING OF THE GOVERNING BODY OF THE CITY OF MIDLOTHIAN, TEXAS Tuesday, March 28, 2017 Pursuant to the provisions of Chapter 551 VTCA Government Code, notice is hereby given of a Regular Meeting of the Midlothian City Council, to be held in the City Council Chambers at Midlothian City Hall, 104 West Avenue E, Midlothian, Texas REGULAR AGENDA 6:00 p.m. Call to Order, Invocation and Pledge of Allegiance 2017-105 Quarterly Board Liaison Report 2017-106 Citizens to be heard CONSENT AGENDA All matters listed under Consent Agenda are considered to be routine by the City Council and will be enacted by one motion without separate discussion. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. 2017-107 Consider and act upon minutes from the City Council Workshop meeting of March 7, 2017, the City Council meeting of March 14, 2017, and the Citizens Planning Group meetings of March 6 and March 20, 2017. 2017-108 Consider and act upon a resolution authorizing the Head for the Hills Bicycle Rally routed through the City of Midlothian, an annual event hosted by the Cedar Hill Rotary Club scheduled for Saturday, May 20, 2017 in accordance with a Special Event Permit as established by the City of Midlothian Zoning Ordinance 2013-24 as amended, Section 2.04 (Use Table) (Case No. SEP17-2017) 2017-109 Consider and act upon a resolution to suspend the April 21, 2017 effective date of the Oncor Electric Delivery Company proposed increase in system-wide transmission and distribution rates, residential consumer rates, and street lighting rates. PUBLIC HEARINGS 2017-110 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance, Section 3.5100 in its entirety Residential Accessory Building Standards. 2017-111 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance, Section 3.5600 in its entirety including Section 3.5601 Paving Standards to allow an alternative driveway paving section and to require minimum off-street parking spaces, Section 3.5602 Garage Requirements to require minimum garage door sizes, Section 3.5603 Garage Conversions and Section 3.5604 Residential Parking Ratios. 2017-112 Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Subdivision Ordinance, specifically amending Section 6.16, Improvement Standards and Requirements, to allow for alternative driveway standards. REGULAR AGENDA 2017-113 Review, discuss and provide direction to staff regarding the conceptual plans prepared by Kimley-Horn for the intersection of FM 1387 and Hayes Road.
2017-114 Consider and act upon a request for an exception to Section 3.5501 of the Zoning Ordinance, Masonry and Other Architectural Standards for Residential Districts, as permitted under subsection d for 401 Hidden Meadow Circle, being ±.5942 acres of land situated in Lot 9, Block 1 of Hidden Meadow. EXECUTIVE SESSION The City Council will convene into executive session pursuant to the following sections of the Texas Government Code. Executive Session items are discussed in closed session but any and all action is taken in regular open session. 1. Section 551.071(2) Legal: Consultation with city attorney on any agenda item listed herein. 2. Section 551.087 Economic Development: Deliberation regarding economic development negotiations Project 1603 REGULAR AGENDA 2017-115 Action resulting from Executive Session, Item #1: Legal 2017-116 Action resulting from Executive Session, Item #2: Economic Development 2017-117 Adjourn I, Mary McDonald, Deputy City Secretary of the City of Midlothian, Texas, do hereby certify that this Notice of Meeting was posted on the front window of City Hall, 104 West Avenue E, Midlothian, Texas, at a place readily accessible to the general public at all times, no later than the 24 th day of March, 2017 at or before 6:00 p.m. This facility is wheelchair accessible and accessible parking spaces are available. Requests for reasonable accommodations must be made 48 hours prior to this meeting. Please contact the City Secretary at 775-3481 for further information.
AGENDA CAPTION: Citizens to be Heard AGENDA ITEM 2017-106 ITEM SUMMARY/BACKGROUND: Citizens who have registered with the City Secretary may address Council with comments and/or concerns. SPECIAL CONSIDERATION: N/A FINANCIAL IMPACT/FUNDING SOURCE: N/A ATTACHMENTS: N/A ALTERNATIVES: N/A RECOMMENDATION: N/A
AGENDA ITEM 2017-107 AGENDA CAPTION: Consider and act upon minutes from the City Council Workshop meeting of March 7, 2017, the City Council meeting of March 14, 2017, and the Citizens Planning Group meetings of March 6 and March 20, 2017. ITEM SUMMARY/BACKGROUND: Minutes from the March 7, 2017 City Council Workshop meeting, the March 14, 2017 City Council meeting and, the March 6 and March 20, 2017 Citizens Planning Group meetings are submitted for approval or correction. SPECIAL CONSIDERATION: N/A FINANCIAL IMPACT/FUNDING SOURCE: N/A ATTACHMENTS: 1. Minutes from the Council Workshop meeting of March 7, 2017 2. Minutes from the Regular City Council meeting of March 14, 2017 3. Minutes from the Citizens Planning Group meeting of March 6, 2017 4. Minutes from the Citizens Planning Group meeting of March 20, 2017 ALTERNATIVES: Approve or correct RECOMMENDATION: Approve as submitted SUBMITTED AND TO BE PRESENTED BY: Tammy Varner, TRMC, City Secretary, for the Tuesday, March 28, 2017 City Council Meeting APPROVED BY:
MINUTES CALLED MEETING/WORK SESSION TUESDAY, MARCH 7, 2017 The City Council of the City of Midlothian convened in a Regular Meeting in the Council Chambers of City Hall, 104 West Avenue E, with the meeting open to the public and notice of said meeting posted as prescribed by V.T.C.A., Government Code, Chapter 551, with the following members present to-wit: Absent: T. J. Henley Bill Houston Mayor Wayne Sibley Councilmember Place 1 Mike Rodgers Councilmember Place 2 Jimmie L. McClure Councilmember Place 3 Joe Frizzell Mayor Pro Tem Place 4 Ted Miller Councilmember Place 6 2017-83 CALL TO ORDER WORK SESSION AGENDA Mayor Houston called the meeting to order at 6:02 p.m. with notice of the meeting duly posted and a quorum present. Mayor pro tem Frizzell gave the invocation and led in the pledges 2017-84 RECEIVE A PRESENTATION REGARDING RETAIL CUSTOMER ANALYTICS FROM REPRESENTATIVES OF BUXTON GROUP AND DIRECT STAFF AS NECESSARY. A presentation on retail recruitment strategy and potential matches was provided by Antoine Long of Buxton Group. 2017-85 REVIEW AND DISCUSS THE CURRENT RECYCLING/TRASH COLLECTION SERVICE REQUIREMENTS AND DIRECT STAFF AS NECESSARY. Council discussed trash collection and recycling service as currently provided to Midlothian citizens. Representatives from Waste Connections, Inc. were present to answer Council questions. It was the consensus of Council to leave the trash and recycling service as is. 2017-86 REVIEW AND DISCUSS POSSIBLE AMENDMENTS TO RESIDENTIAL ACCESSORY BUILDING STANDARDS, RESIDENTIAL PARKING AND GARAGE STANDARDS, AND ALTERNATIVE RESIDENTIAL DRIVEWAY STANDARDS AND DIRECT STAFF AS NECESSARY. Kristine Day led Council through a review of potential amendments to residential accessory building standards, residential parking and garage standards, and alternative residential driveway standards. Staff was directed to draft the proposed amendments and bring to Council at its March 28, 2017 meeting.
2017-87 REVIEW AND DISCUSS THE ADOPTION OF 2015 INTERNATIONAL BUILDING AND FIRE CODES AND DIRECT STAFF AS NECESSARY. Heath Daniel, Chief Building Official, provided information and answered Council questions regarding the proposed adoption of the 2015 Codes. Fire Marshall Kevin Lucia addressed Council regarding amendments to fire lane requirements. 2017-88 REVIEW AND DISCUSS THE CURRENT BUILDING PERMIT FEE SCHEDULE AND DIRECT STAFF AS NECESSARY. Kristine Day reviewed the building permit fee schedule and it was the consensus of Council to consider a plan review fee and update building permit fees. 2017-89 ADJOURN With there being no further business to discuss, Mayor Houston adjourned the meeting at 9:18 p.m. Bill Houston, Mayor ATTEST: Tammy Varner, City Secretary
MINUTES REGULAR MEETING TUESDAY, MARCH 14, 2017 The City Council of the City of Midlothian convened in a Regular Meeting in the Council Chambers of City Hall, 104 West Avenue E, with the meeting open to the public and notice of said meeting posted as prescribed by V.T.C.A., Government Code, Chapter 551, with the following members present to-wit: Bill Houston Mayor Wayne Sibley Councilmember Place 1 Mike Rodgers Councilmember Place 2 Joe Frizzell Mayor Pro Tem Place 4 T. J. Henley Councilmember Place 5 Ted Miller Councilmember Place 6 Absent: Jimmie McClure due to family commitment REGULAR AGENDA 6:00 p.m. Mayor Houston called the meeting to order at 6:02 p.m. with notice of the meeting duly posted and a quorum present. Mayor pro tem Frizzell gave the invocation and led in the pledges 2017-90 PROCLAMATION RECOGNIZING MARCH AS LEGACY DEMOLAY MONTH Mayor Houston presented the proclamation to representatives of the local DeMolay Chapter. 2017-91 PRESENTATION OF CITY S FINANCIAL AUDIT FOR FY 2015-16 FROM REPRESENTATIVES OF PATILLO, BROWN, & HILL, LLP Nicole Bradshaw of Patillo, Brown & Hill presented the results of the annual audit, noting the City received a clean, unmodified opinion, the highest level of audit opinion that can be given. 2017-92 CITIZENS TO BE HEARD None to be heard. CONSENT AGENDA 2017-93 CONSIDER AND ACT UPON MINUTES FROM THE CITY COUNCIL MEETING OF FEBRUARY 28, 2017 AND THE CITIZENS PLANNING GROUP MEETING OF FEBRUARY 20, 2017. 2017-94 CONSIDER AND ACT UPON A RESOLUTION AUTHORIZING THE MIDLOTHIAN MARKET, AN EVENT HOSTED BY THE MIDLOTHIAN CHAMBER OF COMMERCE, TO BE HELD ON THE 1ST AND 3RD SATURDAYS OF EACH MONTH FROM MAY 6, 2017 TO OCTOBER 7, 2017, IN ACCORDANCE WITH A SPECIAL EVENT PERMIT AS ESTABLISHED BY THE CITY OF MIDLOTHIAN ZONING ORDINANCE 2013-24, AS AMENDED, SECTION 2.04 (USE TABLE) (CASE NO. SEP11-2017) Councilmember Sibley moved to approve the Consent Agenda as presented. Motion was seconded by Councilmember Rodgers and carried unanimously (6-0).
PUBLIC HEARINGS 2017-95 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE AMENDING AND RESTATING THE USE AND DEVELOPMENT REGULATIONS OF PLANNED DEVELOPMENT DISTRICT NO. 26 (PD-26) LOCATED ON ± 3.54 ACRES OF LAND IN THE J. SHARKEY SURVEY, ABSTRACT NO. 1065 AND R.M. WYATT SURVEY, ABSTRACT NO. 1283, GENERALLY LOCATED 325 FEET EAST OF WALTON WAY ON MAIN STREET. (CASE NO. Z14-2017-50) Mayor Houston opened the Public Hearing and Kristine Day presented the Item. The applicant, Justin Crocker, responded to Council questions regarding the Item. With no public input received, Councilmember Sibley moved to close the public hearing. Motion was seconded by Councilmember Miller and carried unanimously (6-0). Councilmember Miller moved to approve Item 2017-95 as presented. Motion was seconded by Councilmember Sibley and carried unanimously (6-0). 2017-96 CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE TO REZONE PROPERTY FROM PLANNED DEVELOPMENT DISTRICT NO. 14 (PD-14) TO PLANNED DEVELOPMENT DISTRICT NO. 96 (PD- 96) FOR COMMUNITY RETAIL (CR), INCLUDING ADOPTION OF A CONCEPTUAL SITE PLAN, DETAILED SITE PLAN, AND BUILDING ELEVATIONS RELATING TO THE USE AND DEVELOPMENT OF LOT 1, CALVARY ADDITION, (COMMONLY KNOWN AS 1591 S. 9TH STREET) GENERALLY LOCATED WEST OF FM 663 AND APPROXIMATELY 100 FEET SOUTH OF LENA LANE (CASE NO. Z13-2017-45). Mayor Houston opened the Public Hearing and Marcos Narvaez presented the Item. Larry Pool, representing the applicant, addressed Council in support of the Item. With no other public input received, Councilmember Sibley moved to close the Public Hearing. Motion was seconded by Councilmember Rodgers and carried unanimously (6-0). Mayor pro tem Frizzell moved to approve Item 2017-96 as presented. Motion was seconded by Councilmember Rodgers and carried unanimously (6-0). REGULAR AGENDA 2017-97 CONSIDER AND ACT UPON A RESOLUTION APPROVING A GRANT IN THE AMOUNT OF $350,000 TO BE AWARDED BY THE MIDLOTHIAN COMMUNITY DEVELOPMENT CORPORATION ( MCDC OR 4B ) TO STEPHEN HIDLEBAUGH DOING BUSINESS AS LEASING IMPRESSIONS COMMERCIAL, LLC, TO ASSIST IN THE FUNDING OF THE FOUNDERS ROW PROJECT, LOCATED IN THE 300 BLOCK OF E. AVENUE G, MIDLOTHIAN, TEXAS. Chris Dick provided a brief summary of the proposed grant request. Stephen Hidlebaugh gave a presentation of the Founders Row Project and answered Council questions. Councilmember Sibley moved to approve Item 2017-97 as presented. Motion was seconded by Councilmember Rodgers and carried unanimously (6-0). 2017-98 CONSIDER AND ACT UPON A RESOLUTION CONSENTING TO THE CREATION OF AND SUPPORTING LEGISLATION CREATING THE WINDSOR HILLS MUNICIPAL MANAGEMENT DISTRICT NO. 2. Kristine Day presented the Item. Casey Ratliff, 901 Main Street, Dallas, Texas, attorney for Ashgrove Cement, addressed Council in opposition of the Item. Kirk Wilson and lobbyist Wayne Hamilton, representing One Windsor Hills addressed Council in support. Councilmember Sibley moved to approve Item 2017-98 as presented. Motion was seconded by Councilmember Henley and carried unanimously (6-0).
2017-99 CONSIDER AND ACT UPON CHANGE ORDER NO. 3 TO THE CURRENT AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR THE PURCHASE OF EMERGENCY SERVICES COMMUNICATION EQUIPMENT IN AN AMOUNT NOT TO EXCEED $131,080. Assistant Police Chief, Kevin Johnson and Project Manager, David Schrodt, presented the Item. Councilmember Sibley moved to approve Item 2017-99 as presented. Motion was seconded by Councilmember Rodgers and carried unanimously (6-0). 2017-100 CONSIDER AND ACT UPON A SPECIAL EXCEPTION REQUEST TO THE MIDLOTHIAN SUBDIVISION REGULATIONS, SECTION 6.16.1, REGARDING DRIVEWAY PAVING REQUIREMENTS, RELATING TO THE PROPERTY LOCATED AT 6620 V.V. JONES ROAD, PROPERTY CONTAINS 20.0± ACRES OUT OF THE A.J. RUGLEY SURVEY, GENERALLY LOCATED 4,072 FEET NORTH OF FM 875, IN THE CITY OF MIDLOTHIAN, TEXAS. (CASE NO. M09-2017-48). Marcos Narvaez presented the Item. Councilmember Sibley moved to approve Item 2017-100 as presented. Motion was seconded by Mayor pro tem Frizzell and carried unanimously (6-0). Council moved to Executive Session at 7:57 p.m. for the purpose of discussing Item 2B with the following present: Mayor Houston, Mayor pro tem Frizzell, Councilmembers Sibley, Rodgers, Henley, Miller; City Manager, Assistant City Manager, City Attorney, Fire Chief McCaskill and local realtor, Jamie Wickliffe. EXECUTIVE SESSION 1. SECTION LEGAL: CONSULTATION WITH CITY ATTORNEY ON ANY 551.071(2) AGENDA ITEM LISTED HEREIN. 2. SECTION 551.072 REAL ESTATE: DELIBERATION REGARDING REAL PROPERTY - TO DELIBERATE THE PURCHASE, EXCHANGE, LEASE OR VALUE OF REAL PROPERTY. A. 14 TH STREET RIGHT-OF-WAY B. LAND ACQUISITION FOR FUTURE FIRE STATION Council reconvened in Regular Session at 8:28 p.m. with no action taken in Executive Session REGULAR AGENDA 2017-101 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #1: LEGAL The Item was not discussed during Executive Session. 2017-102 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #2: REAL ESTATE A. 14 TH STREET RIGHT-OF-WAY The Item was not discussed during Executive Session. 2017-103 ACTION RESULTING FROM EXECUTIVE SESSION, ITEM #2: REAL ESTATE B. LAND ACQUISITION FOR FUTURE FIRE STATION No action was taken following Executive Session. 2017-104 ADJOURN With there being no further business to discuss, Mayor Houston adjourned the meeting at 8:28 p.m. ATTEST: Tammy Varner, City Secretary Bill Houston, Mayor
MINUTES OF A MEETING OF THE CITIZENS PLANNING GROUP FOR CAPITAL IMPROVEMENTS CITY OF MIDLOTHIAN, TEXAS MONDAY, MARCH 6, 2017 6:00 P.M. The City Council of the City of Midlothian convened in a Joint Meeting with members of the Citizens Planning Group for Capital Improvements at the Midlothian Conference Center, One Community Circle, Midlothian, Texas with the meeting having been open to the public and notice of said meeting having been posted as prescribed by V.T.C.A., Government Code, Chapter 551, with the following members present to-wit: CITY COUNCIL CITIZENS PLANNING GROUP Bill Houston Mayor Altman, Cathy Wayne Sibley Councilmember Place 1 Barksdale, Ray Mike Rodgers Councilmember Place 2 Coffman, Justin Jimmie L. McClure Councilmember Place 3 Coleman, Tom Joe Frizzell Mayor Pro Tem Place 4 Farrell, Pat Ted Miller Councilmember Place 6 Fields, Leigh Freshwater, Mike Keafer, Chris McDonald, Jackie Miller, Brad Newsom, Rick Rodgers, Danny Soto, Lisa Ortez Turner, Milton Weaver, Ross Wickliffe, Clark Absent: Councilmember T. J. Henley, Place 5, Travis Brown, Curtis Coomes, Bob Heck, Brandon Ratzlaff, Angela Stephens AGENDA I. Call to order Chris Dick called the meeting to order at 6:00 p.m. II. Discussion of projects and financing related to bond issuance for a potential November 2017 bond election Police Chief Carl Smith introduced Gina Irwin of Brinkley Sargent Wiginton Architects. A presentation was given on the needs assessment study performed by the architects, which included growth projections and future needs for the Police Department and Municipal Court. Estimated costs for the facility were also discussed. Fire Chief, Dale McCaskill, addressed the group regarding estimated costs for the relocation and construction of Fire Station One, including a proposed training facility.
III. Set the next meeting date The next meeting date is scheduled for Monday, March 20 at 6:00 p.m. IV. Adjourn With there being no further business to discuss, the meeting was adjourned at 9:15 p.m. ATTEST: Bill Houston, Mayor Tammy Varner, City Secretary
MINUTES OF A MEETING OF THE CITIZENS PLANNING GROUP FOR CAPITAL IMPROVEMENTS CITY OF MIDLOTHIAN, TEXAS MONDAY, MARCH 20, 2017 6:00 P.M. The City Council of the City of Midlothian convened in a Joint Meeting with members of the Citizens Planning Group for Capital Improvements at the Midlothian Conference Center, One Community Circle, Midlothian, Texas with the meeting having been open to the public and notice of said meeting having been posted as prescribed by V.T.C.A., Government Code, Chapter 551, with the following members present to-wit: CITY COUNCIL CITIZENS PLANNING GROUP Bill Houston Mayor Barksdale, Ray Wayne Sibley Councilmember Place 1 Brown, Travis Mike Rodgers Councilmember Place 2 Coffman, Justin Jimmie L. McClure Councilmember Place 3 Coleman, Tom Joe Frizzell Mayor Pro Tem Place 4 Coomes, Curtis T. J. Henley Councilmember Place 5 Farrell, Pat Ted Miller Councilmember Place 6 Fields, Leigh Freshwater, Mike Heck, Bob Keafer, Chris McDonald, Jackie Newsom, Rick Ratlaff, Brandon Soto, Lisa Ortez Stephens, Angela Turner, Milton Weaver, Ross Wickliffe, Clark Absent: Cathy Altman, Brad Miller, Maurice Osborn and Danny Rodgers AGENDA I. Call to order Chris Dick called the meeting to order at 6:00 p.m. II. Discussion of projects and financing related to bond issuance for a potential November 2017 bond election Mike Adams gave a presentation on proposed roadway projects. The group then rated the projects in priority order and the results were discussed. Estimated costs for each roadway project were also discussed.
III. Set the next meeting date The next meeting is scheduled for April 3, 2017 at 6:00 p.m. IV. Adjourn With there being no further business to discuss, the meeting was adjourned at 8:05 p.m. ATTEST: Bill Houston, Mayor Tammy Varner, City Secretary
AGENDA ITEM 2017-108 AGENDA CAPTION: Consider and act upon a resolution authorizing the Head for the Hills Bicycle Rally routed through the City of Midlothian, an annual event hosted by the Cedar Hill Rotary Club scheduled for Saturday, May 20, 2017 in accordance with a Special Event Permit as established by the City of Midlothian Zoning Ordinance 2013-24 as amended, Section 2.04 (Use Table) (Case No. SEP17-2017) ITEM SUMMARY/BACKGROUND: The Cedar Hill Rotary Club is requesting authorization to operate and route the Head for the Hills Bicycle Rally on three (3) different routes: 20, 40, and 60-mile courses through the City of Midlothian and through the rural areas of Cedar Hill, Waxahachie, Maypearl, Italy and Ellis County as shown in Exhibit A of the proposed resolution (Attachment 1). The Bicycle Rally will commence at 8:00 a.m. in Cedar Hill and will end at approximately 12:00 p.m. in Cedar Hill. The Midlothian Police Department will assist at two (2) intersections: Bryson Road and FM 1387 crossover and FM 1387 to Long Branch Road. Permission from appropriate City and TxDOT officials has been granted. All riders will be instructed to follow all traffic laws as it is not a closed course and assistance from the Midlothian Police Department has been scheduled. The Cedar Hill Rotary Club has submitted all necessary documentation and application fee associated with the Special Event Permit application. ATTACHMENTS: 1. Request Letter 2. Proposed Resolution with Exhibit ALTERNATIVES: Approve, deny, amend or table RECOMMENDATION: Staff recommends approval as presented. REVIEWED AND TO BE PRESENTED BY: Kristine A. Day, Assistant City Manager for the Tuesday, March 28, 2017, City Council Meeting REVIEWED BY: APPROVED BY:
ATTACHMENT 1
RESOLUTION 2017- A RESOLUTION AUTHORIZING THE HEAD FOR THE HILLS BICYCLE RALLY, AN ANNUAL EVENT HOSTED BY THE CEDAR HILL ROTARY CLUB ON SATURDAY, MAY 20, 2017, IN ACCORDANCE WITH A SPECIAL EVENT PERMIT AS ESTABLISHED BY THE CITY OF MIDLOTHIAN ZONING ORDINANCE 2013-24 AS AMENDED, SECTION 2.04 WHEREAS, Section 2.04 of the Zoning Ordinance of the City of Midlothian requires that a circus, carnival, fairgrounds, or special event will be allowed only by resolution of the City Council for a specified period of time; and WHEREAS, Cedar Hill Rotary Club shall provide adequate insurance coverage and any other pertinent information as required by the City; and WHEREAS, before this event occurs, the Cedar Hill Rotary Club must comply with any and all public safety directives issued by the City Fire, Police or Building Inspection Departments; and WHEREAS, the location and route through the City of Midlothian has been approved by the City of Midlothian; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS THAT: The City Manager or his designee is hereby authorized to allow the Head for the Hills Bicycle Rally to take place on May 20, 2017. The Bicycle Rally will offer three (3) different routes: 20, 40, and 60-mile courses and will route through the rural areas of Cedar Hill, Midlothian, Waxahachie, Maypearl, and Ellis County as shown on the attached Exhibit A. The Bicycle Rally will commence at 8:00 a.m. in Cedar Hill and will end at approximately 12:00 p.m. in Cedar Hill. The Midlothian Police Department will assist at two (2) intersections: Bryson Road and FM 1387 crossover and FM 1387 to Long Branch Road. This Resolution is hereby authorized on the condition that the Cedar Hill Rotary Club satisfies the above conditions and all life-safety permit requirements following this City Council approval. READ, PASSED, AND APPROVED THIS 28 TH DAY OF MARCH, 2017. ATTEST: Bill Houston, Mayor Tammy Varner, City Secretary
EXHIBIT A
AGENDA ITEM 2017-109 AGENDA CAPTION: Consider and act upon a resolution to suspend the April 21, 2017 effective date of the Oncor Electric Delivery Company proposed increase in system-wide transmission and distribution rates, residential consumer rates, and street lighting rates. ITEM SUMMARY/BACKGROUND: Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about March 17, 2017 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $317 million or approximately 7.5% over present revenues. The Company asks the City to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates. If approved, a residential customer using 1000 kwh per month would see a bill increase of about $6.68 per month. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action regarding the filing before the effective date, Oncor's rate request is deemed administratively approved. The resolution suspends the April 21, 2017 effective date of the Company's rate increase for the maximum period permitted by law to allow the City, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. SPECIAL CONSIDERATION: The City is a member of a 156-city coalition known as the Steering Committee of Cities Served by Oncor ("Steering Committee"). Empowered by city resolutions and funded by per capita assessments, the Steering Committee has been the primary public interest advocate before the Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for the last 30 years. The resolution authorizes the Steering Committee to act on behalf of the City at the local level in settlement discussions, in preparation of a rate ordinance, on appeal of the rate ordinance to the PUC, and on appeal to the Courts. Negotiating clout and efficiency are enhanced by the City cooperating with the Steering Committee in a common review and common purpose. Additionally, rate case expenses are minimized when the Steering Committee hires one set of attorneys and experts who work under the guidance and control of the Executive Committee of the Steering Committee. The Company will reimburse the Steering Committee for its reasonable rate case expenses. Although Oncor has increased rates many times over the past few years, this is the first comprehensive base rate case for the Company since January, 2011. FINANCIAL IMPACT/FUNDING SOURCE: N/A ATTACHMENTS: 1. Resolution
ALTERNATIVES: Approve or deny. RECOMMENDATION: Staff recommends approval as presented. SUBMITTED BY and TO BE PRESENTED BY: Ann Honza, CPA, Finance Director for the Tuesday, March 28, 2017 City Council meeting. REVIEWED BY: APPROVED BY:
RESOLUTION NO. 2017-xx RESOLUTION OF THE CITY OF MIDLOTHIAN, TEXAS SUSPENDING THE APRIL 21, 2017, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY S REQUESTED RATE CHANGE TO PERMIT THE CITY TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE WHEREAS, on or about March 17, 2017, Oncor Electric Delivery Company (Oncor), pursuant to PURA 33.001 and 36.001 filed with the City of Midlothian a Statement of Intent to increase electric transmission and distribution rates in all municipalities exercising original jurisdiction within its service area effective April 21, 2017; and WHEREAS, the City of Midlothian is a member of the Steering Committee of Cities Served by Oncor ( Steering Committee ) and will cooperate with the 156 similarly situated city members and other city participants in conducting a review of the Company s application and to hire and direct legal counsel and consultants and to prepare a common response and to negotiate with the Company prior to getting reasonable rates and direct any necessary litigation; and WHEREAS, PURA 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA 33.023 provides that costs incurred by Cities in ratemaking proceedings are to be reimbursed by the regulated utility. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Midlothian, TEXAS: 1. That the April 21, 2017 effective date of the rate request submitted by Oncor on or about March 17, 2017, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. 1669/35/7314189.1 1
2. As indicated in the City s resolution approving membership in the Steering Committee, the Executive Committee of Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Public Utility Commission. 3. That the City s reasonable rate case expenses shall be reimbursed by Oncor. 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. 5. A copy of this Resolution shall be sent to Oncor, Care of Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. PASSED AND APPROVED this the 28 th day of March, 2017. Bill Houston, Mayor ATTEST: Tammy Varner, City Secretary 1669/35/7314189.1 2
AGENDA ITEM 2017-110 AGENDA CAPTION: Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance, Section 3.5100 in its entirety Residential Accessory Building Standards. BACKGROUND INFORMATION: Purpose: Since January, staff has worked with the Planning and Zoning Commission as well as the City Council to review Section 3.5100 of the Zoning Code to clean up existing conflicts within this section, to implement setbacks for all structures, and to amend the standards that better reflect the rural and urban nature of our community. Below is a summary of major changes in the code as provided in the attached ordinance. Section 3.5100 Residential Accessory Building Standards 1. A person shall obtain from the City an accessory building permit prior to constructing or otherwise locating an accessory building of any size on a lot or parcel of land within the City zoned for use for residential purposes. The receipt of an accessory building permit shall not relieve a person from obtaining from the City any other permit or consent relating to the construction of buildings pursuant to the City s building codes. 2. All accessory buildings shall be constructed or located behind the principal building in the rear yard; provided, however, an accessory structure located behind an opaque fence or otherwise not visible from a public street may be located forward of the rear corner of the principal building. 3. Accessory buildings requiring a construction permit and certain accessory structures, regardless of whether a construction permit is required, including, but not limited to, pools, pergolas, tool sheds, utility structures, and other similar structures, shall comply with the following setback requirements: a. Three (3) feet from the side and rear property lines if the floor area is less than 400 square-feet. b. Six (6) feet for the side and rear property lines if the floor area is 400 square feet or greater but less than 900 square feet. c. A distance equal to the minimum rear and side yard setbacks established for the principal building if the floor area is 900 square feet or greater.
4. The height of all accessory buildings shall be measured from the ground to the roof peak. 5. With respect to accessory buildings constructed or installed on a lot or parcel with an area of less than one (1) acre, materials used for the exterior façade construction of an accessory building shall be consistent with the exterior façade of the principal dwelling on the same lot or parcel except when a. the accessory building is screened from all sides by a privacy fence or the principal building; and b. if the screening is limited to a privacy fence, the roof plate of the accessory building is no higher than the shorter of two (2) feet above the top of the fencing or ten feet (10.0 ). 6. With respect to accessory buildings constructed or installed on a lot or parcel with an area of less than one (1) acre, materials used on the roof of accessory building must be consistent with the roof material on the principal building on the same lot or parcel except when the peak of the roof is fully screened from all public streets by an opaque privacy fence or the principal building itself. 7. Accessory buildings may not be constructed with plumbing fixtures except accessory buildings constructed on a lot or tract one (1) acre or greater may be constructed with a full bathroom consisting of a toilet, one sink, and a tub and/or shower. 8. Accessory buildings may be constructed and located on a lot or parcel with an area of two (2) acres or greater located within a residential zoning district without a principal building first being located on the same lot or parcel subject to the following: a. A concrete apron must be constructed from the curb of the adjacent public street (or the edge of the pavement, if there is no curb) to a distance of twenty-five (25) feet or to the edge of the existing right-of-way boundary adjacent to the property, whichever is greater; b. The owner of the lot or tract must provide to the City as part of the accessory building permit a site plan showing the location of any proposed dwelling unit to be located on the same lot or parcel;
c. The accessory building must be set back in a manner such that it will be located behind the future dwelling unit; and d. The accessory building shall not be used as a dwelling unit. 9. The exterior facades of all above-ground storm shelters shall match the materials of the principal building. No roof pitch is required if the height of the structure is below the top of the adjacent privacy fence line. 10. Shipping containers shall not be used as accessory buildings except as follows: a. No more than one (1) shipping container is permitted to be located on a lot or parcel; and b. The shipping container must be located on a lot or parcel with an area of 10 acres or greater; and c. The shipping container shall be one color, non-reflective, and of earth tone shades. 11. A Specific Use Permit may be obtained to exceed any of the maximum size regulations of this Section 3.5100. 12. District regulations table Area of Property Maximum Floor Area Maximum Height Less than one (1) acre 50% of the first floor area of the principal dwelling or 4% of the lot area, whichever is less. Shall not exceed the height of the principal dwelling measured from the ground to the roof peak. Equal to 1 acre or greater but less than 2 acres 75% of the first floor area of the principal dwelling or 4% of the lot area whichever is less. Shall not exceed the height of the principal dwelling measured from the ground to the roof peak. Two (2) acres or greater No more than 4% of the lot area. Not greater than 45 (forty-five) feet in height measured from the ground to the roof peak.
Building Materials Maximum Number of Buildings Allowed (does not include structures such as pools, pergolas, and similar structures) Building materials shall be consistent with the principal dwelling unless screened on all sides by a privacy fence or the principal building and the roof plate is no higher than the shorter of two (2) feet over the fence height or ten (10) feet. Not required to be consistent with the principal dwelling. 1 (One) 2 (Two) Not required to be consistent with the principal dwelling Multiple Accessory Buildings, subject to maximum lot coverage allowed in accordance with the zoning district in which the lot is located. RECOMMENDATION: At the March 21, 2017 Planning and Zoning meeting, the Commission unanimously voted to recommend the changes in the attached ordinance. Staff recommends approval of this ordinance amendment as presented. NOTIFICATION Notice for this case was published on March 8, 2017 in the Public Notice Section of the Midlothian Mirror. ACTION NEEDED: Conduct a public hearing and consider this ordinance. ATTACHMENTS: 1. News Notice 2. Draft Ordinance REVIEWED AND to be PRESENTED BY: Kristine Day, Assistant City Manager Tuesday, March 28, 2017, City Council Meeting
REVIEWED BY: APPROVED BY:
ATTACHMENT 1
ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS, AMENDING IN ITS ENTIRETY CITY OF MIDLOTHIAN ZONING ORDINANCE SECTION 3.5100 RESIDENTIAL ACCESSORY BUILDING STANDARDS ; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000) FOR EACH OFFENSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Midlothian, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Midlothian, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the City of Midlothian Zoning Ordinance, as previously amended, should be further amended. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS, THAT: SECTION 1. AMENDMENT TO CZO SEC. 3.5100 RESIDENTIAL ACCESSORY BUILDING STANDARDS. The City of Midlothian Zoning Ordinance, as amended, is further amended by amending Section 3.5100 Residential Accessory Building Standards in its entirety as follows: 3.5100 RESIDENTIAL ACCESSORY BUILDING STANDARDS a) A person shall obtain from the City an accessory building permit prior to constructing or otherwise locating an accessory building of any size on a lot or parcel of land within the City zoned for use for residential purposes. The receipt of an accessory building permit shall not relieve a person from obtaining from the City any other permit or consent relating to the construction of buildings pursuant to the City s building codes. b) All accessory buildings shall be constructed or located behind the principal building in the rear yard; provided, however, an accessory structure located behind an opaque fence or otherwise not visible from a public street may be located forward of the rear corner of the principal building. c) Accessory buildings requiring a construction permit and certain accessory structures, regardless of whether a construction permit is required, including, but not limited to, pools, pergolas, tool sheds, utility structures, and other similar structures, shall comply with the following setback requirements:
1) Three (3) feet from the side and rear property lines if the floor area is less than 400 square-feet. 2) Six (6) feet for the side and rear property lines if the floor area is 400 square feet or greater but less than 900 square feet. 3) A distance equal to the minimum rear and side yard setbacks established for the principal building if the floor area is 900 square feet or greater. Accessory buildings used as detached garages shall be subject to Section 3.5602. d) The height of all accessory buildings shall be measured from the ground to the roof peak. e) With respect to accessory buildings constructed or installed on a lot or parcel with an area of less than one (1) acre, materials used for the exterior façade construction of an accessory building shall be consistent with the exterior façade of the principal dwelling on the same lot or parcel except when 1) the accessory building is screened from all sides by a privacy fence or the principal building; and 2) if the screening is limited to a privacy fence, the roof plate of the accessory building is no higher than the shorter of two (2) feet above the top of the fencing or ten feet (10.0 ). f) With respect to accessory buildings constructed or installed on a lot or parcel with an area of less than one (1) acre, materials used on the roof of accessory building must be consistent with the roof material on the principal building on the same lot or parcel except when the peak of the roof is fully screened from all public streets by an opaque privacy fence or the principal building itself. g) Except as provided in paragraph k), of this section, the use of an accessory building must be incidental, subordinate, and supportive of the principal building located on the same lot or parcel. h) An accessory building shall not be used as a dwelling unit except in compliance with Section 3.5701 Secondary Dwelling Unit Requirements.
i) Any metal walls or roofing for accessory buildings must be designed by a professional engineer and not less than 26 gauge, roll-formed ribbed sheeting containing a factory applied non-reflective finish with a manufacturer s warranty of not less than 20 years for the structure and finish. All materials used for accessory buildings shall be required to comply with the City s Building Code in effect at the time of construction or installation. If a more restrictive standard is contained within the Building Code, the Building Code standard shall apply. j) Accessory buildings may not be constructed with plumbing fixtures except accessory buildings constructed on a lot or tract one (1) acre or greater may be constructed with a full bathroom consisting of a toilet, one sink, and a tub and/or shower. k) Accessory buildings may be constructed and located on a lot or parcel with an area of two (2) acres or greater located within a residential zoning district without a principal building first being located on the same lot or parcel subject to the following: 1) A concrete apron must be constructed from the curb of the adjacent public street (or the edge of the pavement, if there is no curb) to a distance of twenty-five (25) feet or to the edge of the existing rightof-way boundary adjacent to the property, whichever is greater; 2) The owner of the lot or tract must provide to the City as part of the accessory building permit a site plan showing the location of any proposed dwelling unit to be located on the same lot or parcel; 3) The accessory building must be set back in a manner such that it will be located behind the future dwelling unit; and 4) The accessory building shall not be used as a dwelling unit. l) The exterior facades of all above-ground storm shelters shall match the materials of the principal building. No roof pitch is required if the height of the structure is below the top of the adjacent privacy fence line. m) Shipping containers shall not be used as accessory buildings except as follows: 1) No more than one (1) shipping container is permitted to be located on a lot or parcel; and 2) The shipping container must be located on a lot or parcel with an area of 10 acres or greater; and
3) The shipping container shall be one color, non-reflective, and of earth tone shades. n) A Specific Use Permit may be obtained to exceed any of the maximum size regulations of this Section 3.5100. o) This Section 3.5100 applies solely to accessory buildings constructed or located on a lot or parcel located in a residential zoning district or in a Planned Development that provides the lot or parcel may be used and developed for residential purposes. p) For purposes of this Section 3.5100, the phrase accessory building shall include accessory structure. q) This Section 3.5100 does not apply to: 1) residential playground equipment the base of which is at ground level and is located no closer to the front property line than ten (10) feet behind the front wall of the principal dwelling unit on the property unless screened by a privacy fence from the public street adjacent to the front property line; or 2) Heating, air conditioning, and swimming pool equipment used in the operation of the principal dwelling unit located on the same property, which equipment may be located within the building setbacks of the parcel, provided such equipment is not located: i) within any drainage or utility easement; or ii) iii) closer to the front property line than five (5) feet behind the front wall of the principal dwelling unit on the property unless screened from the public street adjacent to the front property line; or in a manner that unreasonably prevents access of fire department personnel to the rear of any building. 3.5100 DISTRICT REGULATIONS TABLE An accessory building authorized to be located on a lot pursuant to Section 3.5100 shall be subject to the following:
Area of Property Maximum Floor Area Maximum Height Building Materials Maximum Number of Buildings Allowed (does not include structures such as pools, pergolas, and similar structures) Less than one (1) acre 50% of the first floor area of the principal dwelling or 4% of the lot area, whichever is less. Shall not exceed the height of the principal dwelling measured from the ground to the roof peak. Building materials shall be consistent with the principal dwelling unless screened on all sides by a privacy fence or the principal building and the roof plate is no higher than the shorter of two (2) feet over the fence height or ten (10) feet. Equal to 1 acre or greater but less than 2 acres 75% of the first floor area of the principal dwelling or 4% of the lot area whichever is less. Shall not exceed the height of the principal dwelling measured from the ground to the roof peak. Not required to be consistent with the principal dwelling. 1 (One) 2 (Two) Two (2) acres or greater No more than 4% of the lot area. Not greater than 45 (forty-five) feet in height measured from the ground to the roof peak. Not required to be consistent with the principal dwelling Multiple Accessory Buildings, subject to maximum lot coverage allowed in accordance with the zoning district in which the lot is located. SECTION 2. CONFLICTS. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Midlothian governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 3. SEVERABILITY CLAUSE. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the City of Midlothian Zoning Ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the City of Midlothian Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
SECTION 4. SAVINGS CLAUSE. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the City of Midlothian Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. PENALTY. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand Dollars ($2,000) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its passage and final publication in accordance with the Charter of the City of Midlothian and/or applicable state law and it is accordingly so ordained. PASSED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS ON THIS THE 28 TH DAY OF MARCH, 2017. APPROVED: ATTEST: Bill Houston, Mayor Tammy Varner, City Secretary APPROVED AS TO FORM: Joseph J. Gorfida, Jr., City Attorney (kbl:3/21/17:84627)
AGENDA ITEM 2017-111 AGENDA CAPTION: Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Zoning Ordinance, Section 3.5600 in its entirety including Section 3.5601 Paving Standards to allow an alternative driveway paving section and to require minimum off-street parking spaces, Section 3.5602 Garage Requirements to require minimum garage door sizes, Section 3.5603 Garage Conversions and Section 3.5604 Residential Parking Ratios. BACKGROUND INFORMATION: Purpose: Since January, staff has worked with the Planning and Zoning Commission as well as the City Council to review Section 3.5600 (including 3.5601-3.5603) of the Zoning Code to clean up existing conflicts within these sections and to allow for alternative driveway paving standards on residential lots. Below is a summary of major changes in the code as provided in the attached ordinance. Section 3.5601 Paving Standards All required off street parking, loading, drives, vehicle, sidewalk and/or storage areas outside of the right of way shall be designed and constructed in compliance with Section 6.16 of the City of Midlothian Subdivision Regulations, as amended, including, but not limited to, any alternative design and construction approved in accordance with said Section 6.16. All off-street residential parking spaces required by Section 3.5604 are to be concrete, located outside of the public right-of-way line, have a minimum depth of twenty (20) feet, and have a minimum width of ten (10) feet per space. Section 3.5602 Garage Requirements The driveway entry into each required garage structure shall be constructed with either (i) one (1) garage door not less than sixteen (16) feet wide, or (ii) two (2) garage doors each being not less than eight (8) feet wide to allow for parking and access for two vehicles at all times. Section 3.5603 Garage Conversions The conversion of required garage space into a living/office/workshop space is prohibited unless a garage that complies with Section 3.5602 is constructed and completed prior to or concurrently with the conversion of said garage space.
Section 3.5604-Residential Parking Ratios The number of off-street parking spaces constructed on each lot developed with a residential use shall be not less than the following: Type of Dwelling Unit Single Family, Detached Duplex Tri-plex/Four-plex Townhouse Garage Apartment Apartment/ Multi-family Dwelling Manufactured, Mobile, or Modular Home Group Home Minimum Spaces Required 2 per dwelling unit 2 per dwelling unit 2 per each 2 units 2 per dwelling unit 1 per dwelling unit 2 per unit for the first 50 units plus 1.75 per unit for all units thereafter. 75% of units shall have one enclosed garage or carport space reserved for use by the tenant and used solely for parking a vehicle and not storage, which space shall be counted to satisfy the number of parking spaces required 2 per lot, tract or land 1 per 375 square feet of floor area All required parking spaces shall be paved and sized as required by Section 3.5601. RECOMMENDATION: At the March 21, 2017 Planning and Zoning meeting, the Commission unanimously voted to approve the ordinance with a change in the parking space size from 10x25 to 10x20 and the change in the Tri-plex/Four-plex standard be increased to 2 spaces per 2 units instead of 1.5 spaces per 2 units. Staff recommends approval of this ordinance amendment as presented. NOTIFICATION Notice for this case was published on March 8, 2017 in the Public Notice Section of the Midlothian Mirror. ACTION NEEDED: Conduct a public hearing and consider this ordinance. ATTACHMENTS: 1. News Notice 2. Ordinance
REVIEWED AND to be PRESENTED BY: Kristine Day, Assistant City Manager Tuesday, March 28, 2017, City Council Meeting REVIEWED BY: APPROVED BY:
ATTACHMENT 1
ORDINANCE NO. 2017- ATTACHMENT 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS, AMENDING THE CITY OF MIDLOTHIAN ZONING ORDINANCE BY AMENDING IN THEIR ENTIRETY SECTION 3.5601 PAVING STANDARDS, SECTION 3.5602 GARAGE REQUIREMENTS, SECTION 3.5603 GARAGE CONVERSIONS, AND SECTION 3.5604 RESIDENTIAL PARKING RATIOS ; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Midlothian, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Midlothian, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the City of Midlothian Zoning Ordinance, as previously amended, should be further amended. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS: SECTION 1. AMENDMENTS The City of Midlothian Zoning Ordinance, as amended, is further amended by amending Section 3.5601 Paving Standards, Section 3.5602 Garage Requirements, Section 3.5603 Garage Conversion, and Section 3.5604 Residential Parking Ratios are amended to read as follows: 3.5601 PAVING STANDARDS a) All required off street parking, loading, drives, vehicle, sidewalk and/or storage areas outside of the right of way shall be designed and constructed in compliance with Section 6.16 of the City of Midlothian Subdivision Regulations, as amended, including, but not limited to, any alternative design and construction approved in accordance with said Section 6.16. b) One (1) carport is allowed per residential lot subject to the following: 1) The carport must be located to comply with the setback requirements for the zoning district where it is located;
2) The area covered by the carport shall be included in the calculation of determining compliance with maximum lot coverage standards for the zoning district where the carport is located; and 3) Driveways leading to and the parking pad beneath the carport must comply with subsection (a), above, of this Section; and 4) No construction or installation of a carport shall commence until a building permit has been issued by the City or the City s chief building official has determined no building permit is required. c) All off-street residential parking spaces required by Section 3.5604 are to be concrete, located outside of the public right-of-way line, have a minimum depth of twenty (20) feet, and have a minimum width of ten (10) feet per space. 3.5602 GARAGE REQUIREMENTS a) All residential structures, including, but not limited to, single family (attached or detached), duplexes, triplexes, fourplexes, and townhouses, but not apartment complexes, shall have at least one (1) garage not less than 400 square feet in area with a minimum width of nineteen (19) feet. Garages required to be constructed with apartment complexes shall be subject to Section 3.5604. b) The driveway entry into each required garage structure shall be constructed with either (i) one (1) garage door not less than sixteen (16) feet wide, or (ii) two (2) garage doors each being not less than eight (8) feet wide to allow for parking and access for two vehicles at all times. c) The floor area of garages shall not be included in determining the minimum required area of the dwelling unit. d) No more than one (1) detached garage may be constructed on a parcel or lot. e) A detached garage shall not extend into the front, side, or rear setbacks of the lot on which it is located. f) A detached garage with an opening onto a side street must be set back not less than twenty-five feet (25.0 ) from the property line abutting such street. g) Required garages shall be on the same lot of record as the principal structure.
h) No single-family structure may be constructed with a three (3) car garage that faces towards, and is visible from, the street frontage except in compliance with the following: 1.) Street facing garage doors may be installed only when the width of the frontage is sixty (60) feet or greater; provided, however, this paragraph shall not apply to side entry garage doors facing the designated side street on a corner lot. 2.) Either the left or right garage bay must be setback an additional five (5) feet from the other two bays. 3.) A brick overlay, or stamped concrete of a contrasting color to the concrete driveway, with a minimum width of two (2) feet, shall be placed within the driveway paving extending from the base of the exterior wall separating the third car garage from the adjoining two car garage and shall extend in a perpendicular direction from said exterior wall to the front drive approach. (As shown in Figure 3.5600.1) 4.) A second brick overlay, or stamped concrete of contrasting color to the concrete driveway, shall run parallel to the garage door across the drive approach from one edge of driveway pavement to the opposite edge of the driveway pavement just outside of the right of way line for the property. (As shown in Figure 3.5600.1) i) For purposes of this Section, a garage shall not be considered detached if at least 10% of the length of one wall of the garage constitutes a common wall with the principal structure. 3.5603 GARAGE CONVERSION a) The conversion of required garage space into a living/office/workshop space is prohibited unless a garage that complies with Section 3.5602 is constructed and completed prior to or concurrently with the conversion of said garage space. b) The conversion of garage space, where not in conflict with Section 3.5602, shall comply with the requirements of the City s adopted building and fire codes at the time of conversion. c) Submission of building plans to the Building Inspections Department showing for the plans and specifications for the converted space and issuance of applicable building permits will be required prior to commencement of construction resulting in conversion of the garage space for another use. A certificate of occupancy will be required prior to
commencement of use of the converted space for purpose other than a garage. d) Uses for the converted garage space must comply with Section 2.04 and, if applicable Section 4.5600, as may be applicable. SECTION 3.5604 RESIDENTIAL PARKING RATIOS The number of off-street parking spaces constructed on each lot developed with a residential use shall be not less than the following: Type of Dwelling Unit Single Family, Detached Duplex Tri-plex/Four-plex Townhouse Garage Apartment Apartment/ Multi-family Dwelling Manufactured, Mobile, or Modular Home Group Home Minimum Spaces Required 2 per dwelling unit 2 per dwelling unit 2 per each 2 units 2 per dwelling unit 1 per dwelling unit 2 per unit for the first 50 units plus 1.75 per unit for all units thereafter. 75% of units shall have one enclosed garage or carport space reserved for use by the tenant and used solely for parking a vehicle and not storage, which space shall be counted to satisfy the number of parking spaces required 2 per lot, tract or land 1 per 375 square feet of floor area All required parking spaces shall be paved and sized as required by Section 3.5601. SECTION 2. CONFLICTS. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Midlothian governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 3. SEVERABILITY CLAUSE. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the City of Midlothian Zoning Ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the City of Midlothian Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
SECTION 4. SAVINGS CLAUSE. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the City of Midlothian Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 5. PENALTY. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand Dollars ($2,000) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its passage and final publication in accordance with the Charter of the City of Midlothian and/or applicable state law and it is accordingly so ordained. PASSED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS ON THIS THE 28 TH DAY OF MARCH, 2017. APPROVED: ATTEST: Bill Houston, Mayor Tammy Varner, City Secretary APPROVED AS TO FORM: Joseph J. Gorfida, Jr., City Attorney (kbl:3/21/17:84618)
AGENDA ITEM NO. 2017-112 AGENDA CAPTION: Conduct a public hearing and consider and act upon an ordinance amending the City of Midlothian Subdivision Ordinance, specifically amending Section 6.16, Improvement Standards and Requirements, to allow for alternative driveway standards. BACKGROUND INFORMATION: Purpose: Since January, staff has worked with the Planning and Zoning Commission as well as the City Council to review standards related to residential development. Since July 2016, Planning and Zoning Commission and the City Council have granted special exceptions related to Alternative Driveway Materials under certain conditions. As a result, staff is bringing forward a standard to include in Section 6.16 of the Subdivision Code which will allow this by right under certain conditions. Below is a summary of major changes in the code as provided in the attached ordinance. Section 6.16 Improvement Standards and Requirements The Section 6.16 Improvement Standards and Requirements, Subsection 3 Paving of the Subdivision Regulations is amended by adding a new Paragraph e titled Paving Standards for Residential Parking, Loading, Drives, Vehicles, Sidewalks and Storage Areas Outside of the Right of Way to read as follows: e. Paving Standards for Residential Parking, Loading, Drives, Vehicles, Sidewalks and Storage Areas Outside of the Right of Way 1. Except as provided in Subparagraph 2 of this Paragraph e, all required off street parking, loading, drives, vehicle, sidewalk and/or storage areas outside of the right of way shall be paved with four (4) inches of concrete, minimum 3000 psi with #3 rebar laid 18-inches on center each way or #4 rebar laid 24-inches on center each way. No wire mesh shall be permitted in constructing the concrete areas described in the Paragraph e. 2. If the distance from the public right of way to the main dwelling unit located on the Property is greater than one hundred feet (100 ); the City Engineer may approve an alternative driveway and parking area surface in lieu of concrete subject to compliance with all of the following conditions: a. A concrete approach complying with the requirements of subparagraph 1 of this paragraph is constructed from the street toward the main dwelling
unit for a distance of not less than the longer of (i) 25 feet commencing at the edge of the existing paved street adjacent to the property and (ii) the distance from the edge of the existing paved street adjacent to the property to the boundary of the existing street right of way; b. A concrete parking area not less than 25 feet wide and extending not less than 20 feet from the exterior wall of the main dwelling structure where the garage doors are located shall be constructed adjacent to the garage entryway(s); c. The plans and specifications for the alternative drive surface must be designed and sealed by a professional engineer and certified to be an allweather surface that will support vehicles with a gross weight of up to 90,000 pounds and shall be subject to final review and approval of the City Engineer prior to issuance of a building permit for the dwelling unit to be constructed on the property; and d. No certificate of occupancy or approval of a final inspection for the dwelling unit constructed on the property shall be granted until the City Engineering and Building Department has inspected the alternative drive surface and determined that such surface has been constructed in accordance with the approved plans and specifications. 3. Driveway approaches for all lots to be developed with single family residential structures shall be not less than twelve feet (12 ) wide with a radius of not less than ten feet (10 ). RECOMMENDATION: At the March 21, 2017 Planning and Zoning meeting, the Commission unanimously recommended approval of this item as presented. Staff recommends approval of this ordinance amendment as presented. NOTIFICATION Notice for this case was published on March 8, 2017 in the Public Notice Section of the Midlothian Mirror.
ACTION NEEDED: Conduct a public hearing and consider this ordinance. ATTACHMENTS: 1. News Notice 2. Ordinance REVIEWED AND to be PRESENTED BY: Kristine Day, Assistant City Manager Tuesday, March 28, 2017, City Council Meeting REVIEWED BY: APPROVED BY:
ATTACHMENT 1
ORDINANCE NO. 2017- ATTACHMENT 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS, AMENDING THE CITY OF MIDLOTHIAN SUBDIVISION REGULATIONS SECTION 6.16 IMPROVEMENT STANDARDS AND REQUIREMENTS, SUBSECTION 3 PAVING BY ADDING A NEW PARAGRAPH e TITLED PAVING STANDARDS FOR RESIDENTIAL PARKING, LOADING, DRIVES, VEHICLES, SIDEWALKS AND STORAGE AREAS OUTSIDE OF THE RIGHT OF WAY ; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Midlothian, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Midlothian, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the City of Midlothian Ordinance No. 88-14, as previously amended ( the Subdivision Regulations ), should be further amended. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS, THAT: SECTION 1. AMENDMENT. The Section 6.16 Improvement Standards and Requirements, Subsection 3 Paving of the Subdivision Regulations is amended by adding a new Paragraph e titled Paving Standards for Residential Parking, Loading, Drives, Vehicles, Sidewalks and Storage Areas Outside of the Right of Way to read as follows: e. Paving Standards for Residential Parking, Loading, Drives, Vehicles, Sidewalks and Storage Areas Outside of the Right of Way 1. Except as provided in Subparagraph 2 of this Paragraph e, all required off street parking, loading, drives, vehicle, sidewalk and/or storage areas outside of the right of way shall be paved with four (4) inches of concrete, minimum 3000 psi with #3 rebar laid 18-inches on center each way or #4 rebar laid 24-inches on center each way. No wire mesh shall be permitted in constructing the concrete areas described in the Paragraph e. 2. If the distance from the public right of way to the main dwelling unit located on the Property is greater than one hundred feet (100 ); the City Engineer may approve an alternative driveway and parking
SECTION 2. CONFLICTS. area surface in lieu of concrete subject to compliance with all of the following conditions: a. A concrete approach complying with the requirements of subparagraph 1 of this paragraph is constructed from the street toward the main dwelling unit for a distance of not less than the longer of (i) 25 feet commencing at the edge of the existing paved street adjacent to the property and (ii) the distance from the edge of the existing paved street adjacent to the property to the boundary of the existing street right of way; b. A concrete parking area not less than 25 feet wide and extending not less than 20 feet from the exterior wall of the main dwelling structure where the garage doors are located shall be constructed adjacent to the garage entryway(s); c. The plans and specifications for the alternative drive surface must be designed and sealed by a professional engineer and certified to be an all-weather surface that will support vehicles with a gross weight of up to 90,000 pounds and shall be subject to final review and approval of the City Engineer prior to issuance of a building permit for the dwelling unit to be constructed on the property; and d. No certificate of occupancy or approval of a final inspection for the dwelling unit constructed on the property shall be granted until the City Engineering and Building Department has inspected the alternative drive surface and determined that such surface has been constructed in accordance with the approved plans and specifications. 3. Driveway approaches for all lots to be developed with single family residential structures shall be not less than twelve feet (12 ) wide with a radius of not less than ten feet (10 ). To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Midlothian governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling.
SECTION 3. SEVERABILITY CLAUSE. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the City of Midlothian Subdivision Ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the City of Midlothian Subdivision Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its passage and final publication in accordance with the Charter of the City of Midlothian and/or applicable state law and it is accordingly so ordained. PASSED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIDLOTHIAN, TEXAS ON THIS THE 28 TH DAY OF MARCH, 2017. APPROVED: ATTEST: Bill Houston, Mayor Tammy Varner, City Secretary APPROVED AS TO FORM: Joseph J. Gorfida, Jr., City Attorney (kbl:3/15/17:84556)
AGENDA ITEM 2017-113 AGENDA CAPTION: Review, discuss and provide direction to staff regarding the conceptual plans prepared by Kimley-Horn for the intersection of FM 1387 and Hayes Road. ITEM SUMMARY/BACKGROUND: Having been directed by City Council to assess the potential modification of the intersection of FM 1387 and Hayes Road because of safety concerns, staff prepared and Council approved Agenda Item 2016-340 on October 25, 2016. This item proposed that the City enter into a professional services agreement with Kimley-Horn for preparation of conceptual plans for two alternative alignments of Hayes Road at FM 1387, along with opinions of probable construction costs (OPCC) for each alternative. Kimley-Horn has completed their analysis and submitted two (2) potential intersection alignments for Council review and consideration. SPECIAL CONSIDERATION: N/A FINANCIAL IMPACT/FUNDING SOURCE: FM 1387 is identified within the City s Impact Fee Capital Improvements Plan (CIP) as an impact fee eligible roadway. This segment of roadway is divided between Service Areas 2 and 3. Funding for these improvements could be partially funded by roadway impact fees collected within Service Area 2, with the remaining balance having to come from other sources. Impact Fee Balances available as of January 2017: Service Area 2 - $858,698.74 Service Area 3 $133,031.22 (existing fund balance committed to impact fee reimbursement due to Developer s Agreements) ATTACHMENTS: 1. Option #1 prepared by Kimley-Horn 3. Option #2 prepared by Kimley-Horn 4. Opinion of Probable Construction Costs prepared by Kimley-Horn. ALTERNATIVES: N/A RECOMMENDATION: Direct staff as necessary. SUBMITTED BY and TO BE PRESENTED BY: Scott Morrow, P.E., Assistant City Engineer For the March 28, 2017 Council meeting.
REVIEWED BY: Mike Adams, P. E. Executive Director of Engineering and Utilities APPROVED BY:
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AGENDA ITEM NO. 2017-114 AGENDA CAPTION: Consider and act upon a request for an exception to Section 3.5501 of the Zoning Ordinance, Masonry and Other Architectural Standards for Residential Districts, as permitted under subsection d for 401 Hidden Meadow Circle, being ±.5942 acres of land situated in Lot 9, Block 1 of Hidden Meadow. BACKGROUND INFORMATION: The applicant, Terry Ritchie, is seeking to build a house with prairie-style architectural design. In order to accomplish this, an exception to the minimum roof pitch requirement of 8:12 is needed. He is seeking a roof pitch of 6:12 or lower to maintain the integrity of that style and design. The proposed house meets all other requirements of the Zoning District, except the roof pitch requirement. Section 3.5501 d of the Zoning Code, Masonry and Other Architectural Standards for Residential Districts allows an exception to be permitted for the materials and roof pitch requirement on a case by case basis upon approval of the City Council after receiving a recommendation from the Planning and Zoning Commission. RECOMMENDATION: At the March 21, 2017 Planning and Zoning meeting, the Commission unanimously recommended approval of this exception as presented. Staff recommends approval as presented. ACTION NEEDED: Consider the exception to the alternative roof pitch as requested by the applicant. ATTACHMENTS: 1. Location Map 2. Final Plat for Hidden Meadows 3. Site Plan 4. Elevations 5. Letter from the Applicant SUBMITTED AND to be PRESENTED BY: Kristine A. Day, Assistant City Manager Tuesday, March 28, 2017, City Council Meeting REVIEWED BY: Page 1 of 8
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