City Council

Belton City Council Meeting October 23, 2018- 5:30 P.M. The Belton City Council met in regular session in the Wright Room at the Harris Community Center with the following members present: Mayor Marion Grayson, Mayor Pro Tern Craig Pearson and Councilmembers Dan Kirkley, Guy O'Banion, John R. Holmes, Sr. and Wayne Carpenter. Councilmember David K. Leigh was absent. Staff present included Sam Listi , Gene Ellis, John Messer, Amy Casey, Brandon Bozon, Chris Brown, Matt Bates, Paul Romer, Bob van Til, Bruce Pritchard, Kim Kroll, Judy Garrett, Angellia Points, Charlotte Walker, Cheryl Maxwell, Cynthia Hernandez, Jen Wesley, Larry Berg, Daniel Aguirre, Wes Gilbreath and Kelly Atkinson. The Pledge of Allegiance to the U.S. Flag was led by Director of Planning Cheryl Maxwell, the Pledge of Allegiance to the Texas Flag was led by Councilmember John R. Holmes, Sr., and the Invocation was given by Pat Munoz, Pastor to Hispanics at First Baptist Church of Belton. 1. Call to order. Mayor Marion Grayson called the meeting to order at 5:31 p.m. She announced that Item 3 would be moved ahead of Item 2 in order to accommodate one of the award recipients. 3. Presentation of National Night Out Awards: A. Best Block Party (Residential): Liberty Valley Neighborhood, Host: Raydean Golding B. Best Block Party . (Commercial): Grand Avenue Theatre, Host: Daniel Bucher C. Rookie of the Year: NNO Kick-Off Party in Yettie Polk Park, Host: Brian Kinard D. Best Theme/Activities: Housing Authority, Host: Sharon Lyons Assistant City Manager/Chief of Police Gene Ellis, assisted by Deputy Chiefs Jen Wesley and Larry Berg, presented certificates and challenge coins to several National Night Out award recipients. Chief Ellis said that National Night Out 2018 brought neighbors together at 17 block parties in Belton as community members interacted with police, fire, City officials, and each other in a fun and engaging manner. 2. Public Comments. Charles Haight, 211 Camino Principal: Mr. Haight outlined his background which includes a variety of jobs such as Highway Patrol Sargent, insurance agent and volunteer firefighter/medic, and he added that he is a Certified Public Manager. He has recently become aware of many things including the budget, the Fire Department and a few other items. He cautioned the Council to really look at what they are doing when it comes to the firefighters since it deals with the safety of the citizens. Belton City Council Meeting October 23, 2018 - Page 2 David Holloway, President of the Belton Professional Firefighters Association: Mr. Holloway said he is the face beh ind the social media posts. He said that the association sent the City Council a letter in March in an attempt to make them aware of retention problems in the Fire Department. He said that turnover is a problem in a number of City departments including the Police Department. It is something that needs to be addressed City-wide. He asked the Council to continue looking into the issue and ask questions of City employees . He thanked the Firefighters who have remained at the City for their hard work and long hours in keeping the department running. He also thanked the Firefighters who have left City employment for their support on this issue. 4. Recognize: a. KPA Engineers, along with the Public Works and Planning Departments, for receiving a Central Texas Chapter of APA 2018 Transportation Planning Award for Belton 's Roundabout. City Manager Sam Listi said the Central Texas Chapter of the American Planning Association recently recognized Mack Parker of KPA Engineers, as well as Staff from the Public Works and Planning Departments, with a 2018 Transportation Planning Award for the Belton Roundabout project. Mayor Grayson said the citizens were initially unsure of the roundabout, but now it has been well received . She added that there are at least two new roundabouts being constructed in Bell County because of the success of Belton's roundabout. b. IT and Police Departments for receiving the Texas Municipal League's Municipal Excellence Award in Management Innovations for the Prosecutor Portal. City Manager Sam Listi explained that at the recent Texas Municipal League's Annual Conference, the City of Belton received a Municipal Excellence Award in Management Innovations for the Prosecutor Portal project. The IT Department, as well as the Police Department, are to be commended for their innovative work on this project. He recognized Director of IT Chris Brown , as well as Chief Gene Ellis and Scott Rickert from the Police Department. Consent Agenda Items 5-6 under this section are considered to be routine by the City Council and may be enacted by one motion. If discussion is desired by the Council, any item may be removed from the Consent Agenda prior to voting, at the request of any Councilmember, and it will be considered separately. 5. Consider minutes of September 25, 2018, City Council Meeting. 6. Consider a resolution authorizing an agreement with the City of Temple allowing the City of Belton to assume plat approval authority for the final plat Belton City Council Meeting October 23, 2018 - Page 3 of Restin' Easy Cox Ranch subdivision, located in both Belton and Temple ETJs. Councilmember Wayne Carpenter requested that Item #6 be pulled from the Consent Agenda for discussion. Upon a motion by Councilmember Holmes and a second by Councilmember Kirkley, Item #5 was unanimously approved by a vote of 6-0. Director of Planning Cheryl Maxwell explained that State law says when a property is located in multiple ETJs, plat authority lies with the more populous city. Although the majority of this development is within Belton ETJ, Temple is responsible for plat authority. She explained that the property owner requested that Temple allow Belton to be the final authority for the plat approval. The Temple City Council authorized this action through a resolution, and the City of Belton must accept the authority from Temple, which is proposed by the resolution under consideration in this item. Councilmember Carpenter pointed out that the overlapping Temple ETJon the west side of Lake Belton will continue to be an issue as Belton grows until the cities come to some resolution . Upon a motion by Councilmember Carpenter, and a second by Councilmember Holmes, Item #6, including the following captioned resolution, was unanimously approved by a vote of 6-0. RESOLUTION NO. 2018-23-R RESOLUTION BY THE CITY OF BELTON, TEXAS, AUTHORIZING AN AGREEMENT WITH THE CITY OF TEMPLE, TEXAS, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE SECTION 212.007, TO DELEGATE PLAT APPROVAL AUTHORITY TO THE CITY OF BELTON FOR THE FINAL PLAT OF RESTIN' EASY COX RANCH SUBDIVISION; AND PROVIDING AN OPEN MEETINGS CLAUSE. Planning and Zoning 7. Consider a final plat of Jan Addition Replat, 5.625 acres, comprising a 3.228 acre tract and a replat of Lot 1, Block 1, Jan Addition, located on the north side of E. Amity Road, west of Heritage Lane, in Belton's ETJ. Director of Planning Cheryl Maxwell explained that this property is a one lot subdivision proposed for residential development with frontage on East Amity Road . The ETJ line between the City of Belton and the Village of Salado bisects this property near the northwest corner of this plat. A portion of this property (2.397 acres) was platted as Jan Addition in October 2017 and was in Salado's ETJ. An additional 3.228 acres is being added which crosses into Belton's ETJ, for a total of 5.625 acres. Texas Local Government Code Section 212.007 states that for a tract Belton City Council Meeting October 23, 2018 - Page 4 of land located in the ETJ of more than one municipality, the authority responsible for approving a plat is the authority in the municipality with the largest population. Therefore, the City of Belton is the approving authority for this plat. Since the majority of the plat area lies within the Village of Salado ETJ, Staff has coordinated with them in this review. Mrs. Maxwell presented a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Water: This property is located within Belton's water CCN; however, the nearest water line is approximately 1.5 miles away on the west side of 1-35. There are currently no options for this property to connect to a public water supply system. A water well registered with the Clearwater Underground Water Conservation District (CUWCD) is currently located on site. This lot meets the minimum two acres required for a water well. There is no water infrastructure in this vicinity to support fire hydrants and provide fire protection. In the event of a fire, water tanker trucks will be needed to suppress the fire. Therefore, a variance for the provision of fire hydrants is requested, and supported by Staff. Sewer: No sanitary sewer is available to serve this subdivision. A septic system is proposed, subject to approval by the Bell County Public Health District. Drainage: Since this property lies in Belton's ETJ, the City is not responsible for drainage and will defer to Bell County and their requirements. Streets: E. Amity Road is a major collector street on the City's Thoroughfare Plan. This requires a minimum ROW of 80'. There is currently approximately 52' of ROW in this vicinity. The developer is responsible for dedicating half of the remaining ROW needed to achieve the 80'. When a portion of this property was platted in 2017, only 60' ROW was needed and the developer dedicated half (approximately 4') of the remaining 8' of ROW needed to achieve this. Although 80' is desirable to accommodate future widening and bar ditches for drainage needs, Staff recommends we defer to the Village of Salado and County requirements since this portion of the roadway is in Salado's ETJ . Salado is requesting 60' ROW; therefore, this plat dedicates approximately 4' of ROW along the portion that is being newly platted to match the ROW dedication that occurred with the previous plat. Regarding perimeter street improvements, the Subdivision Ordinance requires the developer to contribute one-half the total cost of paving with curb and gutter for the portion of roadway adjacent to this plat, in this case, E. Amity Road. The existing pavement width is 21'. A variance to this requirement is requested. The Subdivision Ordinance allows waiver of this requirement for single family developments not exceeding three lots; therefore, Staff supports the requested variance. Belton City Council Meeting October 23, 2018 - Page 5 Sidewalks: The Subdivision Ordinance requires the developer to construct and install a 5-foot widEr sidewalk along the subdivision side of collector streets, which would apply to E. A(nity Road. This requirement is waived since the plat is in the ETJ area , and no entities have assumed responsibility for maintenance. Parkland Dedication/Fee: Residential subdivisions are required to dedicate suitable lands for the purpose of parkland and/or make a financial contribution for the acquisition and development of such parkland. One acre for each 100 new dwelling units projected is required . With only one lot, the dedication would be 0.01 acre, which is considerably short of the minimum two acres desired for dedication. The fee in lieu of dedication is $200/lot which would be $200 for this subdivision . A variance to the parkland dedication/fee is requested. Staff concurs with the variance request since there are no plans to develop a public park in this vicinity at this time, and this single lot is quite large with ample open space available to satisfy the needs of the lot owner. Conclusion: Since this proposed subdivision is located in Belton's ETJ, the Bell County Engineer's Office has reviewed this plat and provided comments which have been addressed . After Council action, this plat will be taken to Bell County Commissioners Court for approval. Mrs. Maxwell explained that the Planning and Zoning Commission met on October 16, 2018, and unanimously recommended approval of this final plat, subject to the conditions below, and Staff concurs with their recommendation : 1. Approval of variance to water pressure requirement for fire protection ; 2. Approval of variance to perimeter street improvements and sidewalk requirement for E. Amity Road ; and 3. Approval of variance to the parkland dedication/fee requ irement. Upon a motion by Councilmember Holmes, and a second by Councilmember O'Banion, Item #7 was unanimously approved by a vote of 6-0. 8. Hold a public hearing and consider an ordinance amending several sections of the Zoning Ordinance as it relates to Accessory Dwelling Units (ADU). Planner Kelly Atkinson explained that Staff has received several inquiries regarding the construction of an accessory dwelling unit (ADU) for incidental use to, and located on the same lot as, a main dwelling unit. Currently, the zoning ordinance is restrictive on the opportunity for accessory dwelling units, and some of the language of the ordinance is outdated or not applicable. Mrs. Atkinson said the general use of accessory buildings and accessory dwelling units is currently defined and allowed in certain zoning districts. However, revisions to the definitions for such uses have been evaluated and rewritten to reflect the intent of the revised ordinance. She said that the zoning ordinance allows ADUs (also referenced as servant's quarters) in Agricultural and Residential Estates Belton City Council Meeting October 23, 2018 - Page 6 Districts. Garage apartments are defined but are not listed as a permitted use anywhere in any zoning district. Mayor Grayson asked what the difference was between an attached ADU and an addition to a house. Mrs. Atkinson explained that an attached ADU will typically include a kitchen, bathroom and living quarters. Atkinson said that Staff has reviewed the zoning standards of several cities and found that zoning districts and other related requirements vary widely between the various locations. Overall, every location addressed similar zoning elements and construction requirements. She discussed the benefits of allowing ADUs. She also reviewed the changes to the zoning ordinance that are proposed by Staff and that are included in the ordinance proposed for adoption (see Exhibit "A"). Mayor Grayson said these ADUs can be used as rental property including temporary use similar to Airbnb which would be subject to hotel/motel taxes. She asked how that situation will be monitored to ensure that the appropriate taxes are paid. Mrs. Atkinson said that most cities she researched started with putting into place a policy on ADUs, and then they followed up with ordinances to regulate the Airbnb type situations through licensing or permitting. Councilmember Carpenter asked if any of the cities researched have issues with tiny houses moving in. Mrs. Atkinson said she didn't remember any of the research addressing tiny houses because they are typically placed on single lots specifically zoned for tiny houses. Councilmember Holmes asked if the ADU has to be located directly behind the main dwelling unit. Mrs. Atkinson explained that it doesn't not have to be directly behind the main dwelling unit as long as it conforms to the setback requirements and is located behind the main dwelling unit. Mr. Holmes asked how the City will deal with existing nonconforming units. Mrs. Atkinson said it could be handled through Code Enforcement. City Manager Listi said if there is a request for an additional permit, it would give Staff the opportunity to address the nonconformance at that time. He said there have been several requests for ADUs, and recommended approving the ordinance allowing for review by the Planning and Zoning Commission and the City Council through the SUP process. Councilmember Holmes asked if someone is remodeling a garage and adding an apartment to it, is the 800 square feet or 75% of square footage of the home limited to the remodel or to the dwelling itself? Mrs. Atkinson explained that is the purpose of the SUP, to allow flexibility to address situations like the one described. Mr. Holmes said he can see the request not being approved because it is more than the maximum square footage allowed. Mr. Listi clarified, "Your concern is that the 800 square feet is not enough?" Mr. Holmes said putting an apartment over a 3-car garage is a lot of square footage. Belton City Council Meeting October 23, 2018- Page 7 Councilmember O'Banion said the City is not trying to discourage these types of structures, but needs to make sure, through the SUP process, that there is some control on the quality of the structure. However, he added that the City needs to be careful not to be too restrictive. Mayor Grayson said there may also be deed restrictions that do not allow these structures. Councilmember Kirkley said that the City needs to continue with compassionate compliance concerning the existing nonconforming structures. He added that these structures are needed, but cautioned not to be too restrictive making it not doable for some citizens. Councilmember Holmes asked how parking will be determined. Mrs. Atkinson said that parking is already addressed in the existing ordinance, but parking requirements will also be determined during the SUP process. He asked if an architectural rendering can substitute for a site plan . Mrs. Atkinson said the applicant will follow the same procedure as the existing permitting process for an accessory building . Mayor Grayson opened the public hearing. Gary Barmore, 619 Penelope Street, said he has been involved in this topic through all the Planning and Zoning meetings. He is looking to build a multi-generational facility for his 84 year old father-in-law. However, 800 square feet is too restrictive. He said that most house plans that allow for two bedrooms are larger than 800 square feet. Most of the 800 square feet ADU buildings he has found are for one bedroom, but at some point, around the clock nursing care may be needed which would require a second bedroom. Mayor Grayson asked Mr. Barmore what size structure he was needing. Mr. Barmore said a minimum of 1000 square feet would be sufficient. He said his property is a half-acre, and nobody will be able to tell from the street whether the ADU is 800 or 1000 square feet. He also doesn't want to spend $1,800 for an elevation plan without a guaranteed approval for construction. Seeing no one else wishing to speak, the Mayor closed the public hearing. Councilmember O'Banion asked, "What constitutes a site plan?" Mrs. Atkinson said at the permitting application stage, we wouldn 't need to see full architectural plans. The applicant can provide a general layout showing dimensions, a floor plan and a scope of work, along with exterior materials that are proposed to be used. Once the applicant has received preliminary approval, then the construction plans would be required. Councilmember Holmes asked if an elevation plan would be required. Mrs. Atkinson said that elevation plans are beneficial, but the applicant can actually draw the elevation. Mayor Pro Tern Pearson said he is struggling to understand the 800 square feet limit. He asked where that number came from . Mrs. Atkinson said that most of the cities researched had a limit of approximately that size. Councilmembers Kirkley and O'Banion both said that the size will also depend on the lot size. Councilmember Holmes said that the 800 square feet size does not make sense to him. The Belton City Council Meeting October 23, 2018 - Page 8 proposed ordinance says 800 square feet or 75% of the main dwelling unit, whichever is less, which basically limits the ADU to 800 square feet regardless of the size of the main dwelling unit. Several variations of the allowable size for an ADU were discussed . Councilmember O'Banion made a motion to allow Accessory Dwelling Units that are 800 square feet or up to 60% of the main structure size, whichever is greater. The motion was seconded Councilmember Holmes. Item #8, including the following captioned ordinance, was unanimously approved by a vote of 6-0. ORDINANCE 2018-36 AN ORDINANCE OF THE CITY OF BEL TON, TEXAS, AMENDING SEVERAL SECTIONS OF THE ZONING ORDINANCE AS IT RELATES TO ACCESSORY DWELLING UNITS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TY; AND PROVIDING AN EFFECTIVE DATE. Miscellaneous 9. Consider authorizing the City Manager to enter into a professional services agreement with Turley Associates, Inc. for professional engineering services for the Southwest Parkway Project. Director of Public Works Angellia Points explained that the extension of Southwest Parkway from Liberty Park Drive to Huey Drive was identified in the FY2018 TIRZ budget and goals. The objective of the project is to improve circulation in southwest Belton. The connection over Mitchell Branch Creek also provides Liberty Valley and Liberty Park a second means of access. Mrs. Points said that a portion of Southwest Parkway was built with the Liberty Park subdivision . That particular section of Southwest Parkway was built as a 31 ' foot wide street (back-of-curb to back-of-curb) with a sidewalk on the west side of the roadway. Although the 31 ' road was constructed to a local street width , the road was designed and constructed to the loadings and requirements of a collector. She added that with the Liberty Valley Subdivision , a section of Southwest Parkway was also built north of Huey Drive. That collector roadway was built as a 37' foot wide street (back-of-curb to back-of-curb) with a sidewalk on the east side of the roadway. This project would connect the two built sections of roadway, including the crossing over Mitchell Branch. Points said the extension is proposed to be built to the City's collector street standards, including sidewalk on both sides of the roadway. The project would also include widening the existing 31 ' wide street to 37' in width . Additionally, a waterline connection is needed to loop the water service in the area. While the road is under Belton City Council Meeting October 23, 2018- Page 9 construction, it would be prudent to install a new 8" (minimum) waterline along the corridor and connect to existing lines in both subdivisions. Mrs. Points explained the process that the City follows to select engineering firms for projects like this one. A selection committee reviewed the qualifications and determined Turley Associates, Inc. to be the most qualified to perform the work. Turley Associates has extensive experience in the area of Southwest Parkway with the developments of Liberty Valley and Liberty Hill. Turley also designed the culvert crossing downstream along Mitchell Branch at Connell Street. Mayor Grayson asked who was on the selection committee. Mrs. Points said the selection committee included the City Manager, the Assistant City Manager/Chief of Police, the Director of Finance, the City Clerk, the Director of Public Works and the Assistant Director of Public Works. Points said that the Southwest Parkway Project design scope of services is $169,144.68. Funding for the design services is proposed to come from the TIRZ Fund , which has a budget of $450,000 allocated for this project. The scope of the construction will be determined during the design phase. She said that, at minimum, the road connection from the existing Liberty Park Drive to Huey Drive will be constructed. The widening of the existing Southwest Parkway south of Liberty Park Drive will be bid as an add alternative. Mayor Grayson asked where this project is on the City's priority list. Director of Finance Brandon Bozon said it was identified as a priority for the TIRZ Board approximately two years ago. TIRZ is a joint board with the County, and the County really wants to alleviate the traffic congestion in front of the Justice Complex. He said it has also been identified as a safety concern since there is currently only one way in and out of the subdivision. Councilmember O'Banion asked what makes Turley more qualified than KPA to do this job. Mrs. Points explained that Turley has designed several projects in this area and is very familiar with the area. Mr. O'Banion said it concerns him that a committee is making decisions on which engineers should be used for projects. He added, however, that it makes sense to use Turley for this project. City Manager Listi said that in accordance with the law, we cannot bid professional engineering services. Mr. O'Banion said that the City has done well with KPA and has a long history with them, although he agreed that Turley was probably appropriate for this contract. Upon a motion by Councilmember Holmes, and a second by Councilmember Kirkley, Item #9 was unanimously approved by a vote of 6-0. 10. Consider accepting conveyance of 1.391 acres from Barnes Building Corporation for drainage purposes. Belton City Council Meeting October 23, 2018 - Page 10 Director of Public Works Angellia Points explained that Barnes Building Corporation developed the Liberty Hill subdivision in the mid-2000s. During the platting of the subdivision , Property ID 61775 was not owned by the Barnes Building Corporation . The property is not developable into a single family lot as drainage is naturally conveyed through the property. After platting the subdivision, the property was conveyed by Correction Deed to the Barnes Building Corporation and has been in the Corporation's possession until this point. Mrs. Points said Liberty Hill was developed nearly 12 years, and City Staff has become aware of a drainage issue. Contrary to other development projects, the drainage for the subdivision was not properly designed. Runoff from the west flows into the backyards of the lots along E Ave S. The drainage channels and culverts are either undersized or not at the correct elevations. The owner of Property ID 61775 approached the City about conveying the property to the City at no cost. City Staff evaluated the property and determined it could be used in the overall solution to address the drainage issues within the Liberty Hill subdivision. She added that the Liberty Hill Drainage Project is in preliminary stages of design by KPA for the City to determine the best methods to address the drainage issues. Regardless if channelization is needed or another detention pond can be constructed , Property ID 61775 will be critical when constructing such features. Councilmember O'Banion asked how much work will be required. Mrs. Points said it depends on the type of drainage structure that is determined to be best. Upon a motion by Councilmember Carpenter, and a second by Councilmember O'Banion, Item #10 was unanimously approved by a vote of 6-0. 11. Consider an ordinance amending Chapter 2, Article II, Section 2-26 of the Code of Ordinances regarding the membership requirements for the Lena Armstrong Public Library Board of Directors. City Clerk Amy Casey said that the City has had trouble recruiting citizens to serve on the Board of Directors for the Lena Armstrong Public Library. There are two factors that affect the ability to serve. One, the two term limit, is found in the by-laws of the Board of Directors, and has recently been removed by the Board . The other factor is found in the Code of Ordinances which requires those desiring to serve to be a resident of the City of Belton. The Board of Directors met on September 19th and recommended the Council change the requirement to allow someone living within the boundaries of the Belton Independent School District to serve. Upon a motion by Mayor Pro Tern Pearson , and a second by Councilmember O'Banion , Item #11, including the following captioned ordinance, was unanimously approved by a vote of 6-0. Belton City Council Meeting October 23, 2018- Page 11 ORDINANCE NO. 2018-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, AMENDING CHAPTER 2, ARTICLE II, SECTION 2-26 OF THE CODE OF ORDINANCES REGARDING THE MEMBERSHIP REQUIREMENTS OF THE LIBRARY BOARD OF DIRECTORS; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN OPEN MEETINGS CLAUSE. 12. Consider authorizing the BEDC Executive Director to execute a contract for the sale of 4.35 acres in the Belton Business Park to PC Properties, LLC. BEDC Executive Director Cynthia Hernandez said that the BEDC has received an offer from PC Properties, LLC to purchase 4.35 acres in Phase II of the Belton Business Park. PC Properties will construct a 10,000-sf building for Texas First Rentals, a HOLT Company based out of San Antonio, Texas. Mrs. Hernandez explained that the company estimates their investment for the land and building at $3.5 million with a target construction completion date of December 2019. Texas First Rentals will offer heavy equipment rentals as well as some equipment sales. The company will start with 9 employees eventually growing to 17 at the Belton location. Hernandez said that PC Properties is offering $1.50 per square foot which is the BEDC's current asking price for property in Phase II of the Belton Business Park. The contract provides for a 90-day inspection period with the closing to take place 15 days after the inspection period expires. The buyer will cover the costs of the survey, and the seller will pay for title insurance and 3% of the broker's commission. The total estimated cost to BEDC for services and fees related to the sale of the property is estimated at $25,477 which will come from the BEDC Fund Balance. Mrs. Hernandez added that at its meeting on October 17, 2018, the BEDC Board of Directors voted to approve the contract as presented. Councilmember Holmes asked whose broker was being used. Mrs. Hernandez said that the broker was the one used by Texas First Rentals. Upon a motion by Councilmember Holmes, and a second by Councilmember Kirkley, Item #12 was unanimously approved by a vote of 6-0. 13. Consider a resolution authorizing the submission of a grant application to the Federal Emergency Management Administration for an Assistance to Firefighters Grant. Grants and Special Projects Coordinator Bob van Til said that Assistance to Firefighter Grants are provided by the U.S. Department of Homeland Security through the Federal Emergency Management Administration. These grants fund Belton City Council Meeting October 23, 2018 - Page 12 equipment purchases, wellness/fitness, and training. The proposed grant application will request funding to purchase two RIT packs and 20 SCBAs. He added that this is the third time this grant application has been submitted for these items. Mr. van Til explained that a Rapid Intervention Team (RIT) Pack and a Self- Contained Breathing Apparatus (SCBA) are designed to provide a firefighter "breathable air" when they are low or completely out of air in an environment that is immediately dangerous to life or health. The current SCBA equipment is aging (15+ years old) and is in need of replacement. The grant application is due on October 26, 2018, and Staff is recommending a grant amount of $190,977. Mr. van Til explained that the local match is $19,098, which is ten percent of the grant amount. He added that the grant award is expected on June 1, 2019. Councilmember Holmes asked if the SCBAs are tested and certified each year. Fire Chief Bruce Pritchard said that, although there is a 15-20 year life on the SCBAs, they are certified each year. Upon a motion by Councilmember Kirkley, and a second by Mayor Pro Tern Pearson , Item #13, including the following captioned resolution, was unanimously approved by a vote of 6-0. RESOLUTION NO. 2018-22-R A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELTON, TEXAS, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION FOR AN ASSISTANCE TO FIREFIGHTERS GRANT, PROVIDING A LOCAL MATCH, AND DESIGNATING AN AUTHORIZED OFFICIAL. There being no further business, the Mayor adjourned the meeting at 7:18 p.m. - ayor  ACCESSORY DWELLING UNITS Exhibit "A" ~Incremental Infill Development~ Today’s Discussion ■ Background – Why consider these changes? ■ ADU – Types we are considering. ■ Where we’re at – Currently, in the Zoning Ordinance. ■ Challenges – Common public concerns. ■ Benefits – How does this achieve our goals? ■ Proposed changes – Recommended revisions. ■ Recommendation BACKGROUND Why consider these changes?  Citizen Interest! Citizens have approached the Planning Dept. to express the need for ADUs. Reasons: • Multigenerational Families • Affordable Housing Option • Rental income Arlington couple, with their two children, expand their Cape Cod to accommodate his dad and her parents. – Washington Post, April 12, 2018 It’s Important! 2018-2022 Strategic Plan Year 1 Goal 1c: Update development policies to encourage: - Organic infill development; - Affordable housing, where appropriate; and - Modified standards that ensure quality development.  ADU Types we are considering. Types of ADUs ■ Attached – Addition to an existing dwelling unit ■ Detached – A separate dwelling unit subordinate to the main dwelling unit Placement of ADUs ■ BEHIND the main building ■ Attached to the main building ■ Detached from the main building ■ Compatible with the main building and the surrounding neighborhood Go Urban San Diego Blog WHERE WE’RE AT Currently, in the Zoning Ordinance. Current climate for ADUs in Belton, TX ■ Unclear definitions ■ Outdated language ■ Limited zoning districts ■ Restrictive requirements ■ Existing supply of “illegal” and legal non-conforming ADUs  Zoning Districts New AG RE SF-1 SF-2 SF-3 Allowed: AG and RE ONLY ADU w/   Kitchen ■ AG – Not the same needs as ADU w/o   Kitchen single-family zoning districts Existing AG RE SF-1 SF-2 SF-3 Building N/A N/A ■ RE – 3 tracts in the entire city Conversion zoned this way! CHALLENGES Common public concerns. Common Objections and Barriers ■ Common neighborhood objections: Noise, privacy, property value impacts, etc. ■ “NIMBYism” ■ Parking and traffic ■ Financing  BENEFITS How does this achieve our goals? The good news for ADUs! It CAN be easy being green! ■ Lower impact to city utilities and use of existing infrastructure ■ Smaller footprint and less electricity and water consumption ■ Sustainable land use practice Other positive impacts: ■ Housing options (multigenerational, single-person HH, etc.) ■ Affordable housing ■ Organic Infill ■ Rental income potential PROPOSED CHANGES Recommended revisions. Proposed Amendments A. Amend Definitions: REMOVE Servant’s Quarters and Garage Apartment, REVISE Main Building and Accessory Building, and CREATE Accessory Dwelling Unit (ADU) definition New AG RE SF-1 SF-2 SF-3 ADU w/   SUP SUP SUP B. Amend Zoning Districts to allow BY RIGHT in AG and RE and by SPECIFIC USE PERMIT in SF-1, SF-2, and SF-3 Kitchen ADU w/o      C. ADD – Conversion of EXISTING BUILDING to ADU by SPECIFIC Kitchen USE PERMIT in AG, RE, SF-1, SF-2, SF-3 Existing AG RE SF-1 SF-2 SF-3 D. Amend Regulations: Building SUP SUP SUP SUP SUP – Required Zoning Conversion – # of ADUs per lot – Min. Lot Size – Max Square ft. – Max. Lot Coverage – Max. Height of ADU – Setbacks – Parking Requirement – Building Materials – Utilities and Metering – Plat Required – Owner-Occupied Building Permits (*not recommended by P&Z) Proposed Revisions - Definitions REVISE: ■ Building, Main: A building in which the principal use of the lot on which it is situated is conducted. In a residential district any dwelling shall be deemed to be a main building on the lot on which it is situated. ■ Accessory Building: A subordinate building or a portion of the main building located on the same lot as the main building, the use of which is incidental to that of the dominant use of the building or premises. Accessory buildings may include parking garages, adjacent farm structures, home workshops and tool houses, storage sheds, home greenhouses, etc. An accessory dwelling shall mean the same as accessory building except it may be used as a residence. REMOVE: ■ Garage Apartment: A dwelling unit for one family erected in conjunction with a garage. ■ Servant’s Quarters: An accessory dwelling in a residential district for the sole use and occupancy of a member of the immediate family or a person or persons employed on the premises by the occupant on a full time basis as domestic help, such as a maid, yard man, chauffeur, cook or gardener, but not involving the rental of such facilities or the use of separate utility connections. ADD: ■ Accessory Dwelling Unit: A subordinate building or a portion of the main building located on the same lot as the main building and may be used as a residence. Distinction is made between an Accessory Dwelling Unit with a kitchen and without a kitchen. Accessory dwelling units that do not contain a kitchen include guest houses or pool houses. Proposed Revisions - Zoning CURRENT New AG RE SF-1 SF-2 SF-3 ADU w/   SUP SUP SUP Kitchen ADU w/o      Kitchen Existing AG RE SF-1 SF-2 SF-3 PROPOSED Building SUP SUP SUP SUP SUP Conversion Proposed-Accessory Building & Use Regulations (Section 36) a. Lot must be zoned AG, RE, SF-1, SF-2, SF-3; b. Limit to ONE ADU per lot; c. Minimum lot size of 5000 square feet; d. Maximum square feet allowed shall be no more than 800 square feet or no more than 75% of the square footage of the main building, whichever is less; e. Maximum height limit - must be compatible with existing structures and surrounding properties, not to exceed 2½ stories; f. Building setbacks – ADU must be constructed to the rear of the main building and if detached, must be separated from the main building by a minimum distance of 10 feet and observe the same side yard setbacks as the main building. An ADU shall have a rear yard setback of no less than 10 feet; g. One additional parking space is required for the addition of an ADU if the required minimum parking for the main building plus one space is not provided on the lot; h. Maximum lot coverage shall be no more than 60% with the addition of an ADU, including the main building and any other accessory buildings; i. Building materials shall be compatible with the main building and comply with the City of Belton Design Standards; j. Utilities (water and sewer) must share meters with the main building; k. Lot must be platted per Section 45, Creation of a Building Site. l. ADU building permit issued for owner occupied property only (*not recommended by P&Z) RECOMMENDATION Recommendation Hold a public hearing on proposed code amendments and, if ready, recommend approval of an ordinance amending several sections of the Zoning Ordinance as it relates to Accessory Dwelling Units (ADU).