City Council

Belton City Council Meeting September 24, 2019-5:30 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 Wayne Carpenter and Councilmembers David K. Leigh, Craig Pearson, Guy O'Banion, Dan Kirkley and John R. Holmes, Sr. Staff present included Sam Listi, Gene Ellis, John Messer, Amy Casey, Susan Allamon, Chris Brown, Paul Romer, Bob van Til, Angellia Points, Charlotte Walker, Bruce Pritchard, Judy Garrett, Cynthia Hernandez, Ana Borchardt, Kim Kroll, Richard Kusak and Candice Griffin. The Pledge of Allegiance to the U.S. Flag was led by Councilmember Guy O'Banion, and the Pledge of Allegiance to the Texas Flag was led by CVB and Retail Coordinator Judy Garrett. The Invocation was given by Mary Hendrix of the International Fellowship of Chaplains (IFOC) Heart of Texas Chapter. 1. Call to order. Mayor Grayson called the meeting to order at 5:32 p.m. 2. Public Comments. Assistant City Manager/Chief of Police Gene Ellis introduced the National Night-Out Chair Sergeant Richard Kusak and his assistant Candice Griffin. They explained that at this time there are 19 events planned for October 1, 2019, and invited everyone to attend one or more of the events. 3. Proclamations: A. International Walk to School Month - October and Walk to School Day - October 2, 2019 Sydnee Steelman of KTMPO was present to receive the proclamation. They explained the importance of walking for both health and environmental reasons. B. Manufacturing Day - October 4, 2019 BEDC Executive Director Cynthia Hernandez received the proclamation on behalf of the manufacturing community. She recognized some manufacturing representatives who were in attendance and discussed activities they are planning to celebrate Manufacturing Day. Consent Agenda Items 4-6 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. 4. Consider minutes of previous meetings: A. August 27, 2019, Joint Meeting of the City Council and Parks Board; Belton City Council Meeting September 24, 2019- Page 2 B. September 10, 2019, City Council Meeting; and C. September 17, 2019, Special Called City Council Meeting. 5. Consider authorizing the City Manager to execute an agreement with the Central Texas Council of Governments (CTCOG) to continue funding for the volunteer coordinator position for the Belton Police Department's RUOK? senior adult outreach program. 6. Consider authorizing the purchase of police vehicles as provided for in the Capital Equipment Replacement Fund. Upon a motion by Councilmember Holmes, and a second by Mayor Pro Tern Carpenter, the Consent Agenda was unanimously approved by a vote of 7-0. Miscellaneous 7. Hold a public hearing and consider an ordinance on second reading, granting a commercial solid waste collection franchise to SOP Mgmt. LLC dba RedBoxplus of Bell & Williamson Counties. City Clerk Amy Casey explained that the City Charter requires two readings of a franchise ordinance along with a public hearing. The City currently has five franchise agreements with providers of commercial solid waste collection. A request for a new franchise was recently received from Red Box+, a company that will commence services in this area on November 1, 2019. The franchise will expire on January 26, 2020, to make it co-terminus with the other existing commercial franchises . New franchise agreements will come forward to Council at that time for all commercial solid waste franchisees. She recommended that the Council conduct the public hearing and approve the ordinance on second and final reading. Mayor Grayson opened the public hearing. Seeing no one wishing to speak, she closed the public hearing. Upon a motion by Councilmember Pearson, and a second by Councilmember Holmes, Item #7, including the following captioned ordinance, was unanimously approved on second reading by a vote of 7-0. ORDINANCE NO. 2019-41 AN ORDINANCE GRANTING A FRANCHISE TO SOP MGMT. LLC OBA REDBOXPLUS OF BELL AND WILLIAMSON COUNTIES TO PROVIDE SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF BEL TON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; PROVIDING A PROCEDURE FOR THE HANDLING OF COMPLAINTS; PROVIDING FOR A Belton City Council Meeting September 24, 2019- Page 3 FRANCHISE FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT; PROVIDING FOR PAYMENT OF TAXES BY THE FRANCHISEE; PROHIBITING ASSIGNMENT AND SUBLETTING OF THE FRANCHISE WITHOUT CONSENT; PROVIDING FOR FORFEITURE; AND MAKING OTHER PROVISIONS. 8. Hold a public hearing and consider an ordinance on first reading, granting Waste Management of Texas, Inc., the exclusive right and privilege to provide residential and small commercial solid waste collection, disposal and recycling services. City Clerk Amy Casey explained that the City is currently contracted with Waste Management. The Council expressed a desire for Staff to solicit proposals for a new contract for these services. A Request for Proposals was issued in June 2019, and four proposals were received in July 2019 from Frontier Waste Solutions, Waste Connections, Texas Disposal Systems and Waste Management. Mrs. Casey explained that a review committee comprised of both Staff and Council reviewed the proposals and unanimously recommended entering into negotiations with Waste Management. The proposed contract is the result of those negotiations. Final details are still being negotiated and will be finalized before the second reading of the ordinance on October 8, 2019. Mrs. Casey presented the proposed service frequencies and rates. Residential is proposed as: Service - Residential i Current Proposed Garbage Collection/Disposal Ix per week lx per week Recycling Bi-weekly Bi-weekly Household Hazardous Waste As needed As needed Bulky Waste 3 items outside cart/SO# per 4 CY /50# per item- monthly item - weekly (twin size (all size mattresses and couches) mattresses only) Bulk Event Bi-monthly (City only- excludes Bi-monthly (staffed by 4 WM/2 Three Creeks) (not included in City employees) (includes Three current WM contract] Creeks*) Rate $17 .16 + Bulk Event costs $17.34 (inclusive of Bulk Event except cost of City employees) I Service Current I Proposed Additional Carts $6. l 8 Garbage/$5.62 Recycling $6. l 8 per additional cart $12.36 per additional recycling cart for door-to-truck Door to Truck Service $28.80 (garbage/recycling) $37.98 (inclusive of all services) Belton City Council Meeting September 24, 2019 - Page 4 Small commercial is proposed as: Service - Small Commercial Current Proposed Garbage Collection/Disposal 1x per week lx per week Recycling Bi-weekly Bi-weekly Rate $37.10 $42.15 Mrs. Casey said the estimated franchise fee for FY2020 is $154,350. Additional contract terms include: Servicing City facilities - 45 polycarts, 12 dumpsters of various sizes an_d 2 roll-offs Annual option to discontinue recycling Annual option to increase service frequency of bulky waste ($2.30/month first year; negotiable thereafter) Potential rate adjustments (same as current contract) $4,000 in scholarship funds, up from $2,000 Public education partnership between City and Waste Management She recommended that Council conduct the public hearing and approve the ordinance on first reading. Councilmember Holmes asked for a clarification on how the monthly bulk pickup will work. Mrs. Casey said Waste Management will divide the City into quadrants, and each quadrant will be assigned a Wednesday during the month. She added that the bulky waste should be set out on the Tuesday night prior to the Wednesday collection day. He asked what will happen to items outside the polycart on regular garbage collection day. Mrs. Casey explained that there will be no additional items outside the polycart allowed under the new contract. Councilmember Pearson said the labels on the tops of the recycling containers are not in good shape. Mrs. Casey said the labels will be replaced within 90 days of the commencement of the contract. Mayor Grayson asked about the different seasons and how leaves can be an issue in the Spring and in the Fall. Mrs. Casey explained that leaves are allowed to be placed in the polycart for pickup on regular trash collection day. If the resident does not have room in the polycart, then the leaves can be set out as bulky waste on their bulky waste collection day. She added that residents that generate a lot of trash also have the option of adding an additional cart for $6.18 per month. Mayor Pro Tem Carpenter thanked Paul Daugereau of Waste Management for his efforts in trying to keep recycling available in Belton. Belton City Council Meeting September 24, 2019- Page 5 Councilmember Pearson asked if there were any options for recycling of bulky waste. Councilmember Leigh said the option for additional recycling carts is available. Mr. Leigh added that an increase in the frequency of recycling puts a financial burden on the lower socioeconomic groups. He said education will be the key for the success of the recycling program and the bulky waste collection. Mayor Pro Tern Carpenter said the mattress issue was huge, and he is thankful that the City was able to negotiate a resolution with Waste Management. Councilmember Pearson asked what citizens should do with used TVs. Mr. Daugereau said that the disposal of TVs would be part of the Household Hazardous Waste program. Mayor Grayson asked the viability of recycling corrugated cardboard . Mr. Daugereau said that cardboard can be broken down and placed in the recycling cart. Councilmember Pearson asked about the recycling of shredded paper. Mrs. Casey said Staff is still working through some of the items on the recycling list, but Staff believes Waste Management said shredded paper was not recyclable in order to eliminate the possibility of shredded paper blowing out of the cans during pickup. Mr. Daugereau added that items under 4-inches are basically too small and are "spit out" by the machine. Councilmember Pearson clarified that if shredded paper is placed inside a cardboard box, it is acceptable. Councilmember Holmes asked if bulky waste includes limbs and trees. Mrs. Casey said that it includes limbs up to four inches in diameter and four feet in length. The larger items are collected as a part of the City's brush collection program at a cost of $3.00 per month. City Manager Sam Listi said there will definitely need to be some education in order to allow citizens to receive the best value for the cost. He said that it was also important to try to keep the new rates close to the existing rates. Councilmember O'Banion asked about the possibility of placing a recycle bin at the Bulk Events. Mrs. Casey said that has not been discussed, but it is something that Staff can look into. Mayor Grayson opened the public hearing. Marvin Bell of Magnolia First Baptist Church asked if there is a weight restriction for items that are brought to the Bulk Events. Director of Public Works Angellia Points said there is not a weight limit at the Bulk Events, but citizens are requested to only make one trip. However, if City Staff is aware of someone dealing with a Code Enforcement issue, allowances can be made. Seeing no one else wishing to speak, Mayor Grayson closed the public hearing. Upon a motion by Councilmember Holmes, and a second by Councilmember Pearson, Item #8, including the following captioned ordinance, was unanimously approved on first reading by a vote of 7-0. Belton City Council Meeting September 24, 2019- Page 6 ORDINANCE NO. 2019-50 AN ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENT OF TEXAS, INCORPORATED, TO PROVIDE RESIDENTIAL AND SMALL COMMERCIAL SOLID WASTE COLLECTION, DISPOSAL AND RECYCLING SERVICES WITHIN THE CITY OF BELTON. Planning and Zoning 9. Hold a public hearing and consider a zoning change from Single Family Two and Retail Districts to Multi Family District on approximately 18 acres located at 1700 Connell Street, on the east side of Connell Street, in the vicinity of existing Laila Lane. Director of Planning Cheryl Maxwell said this property is the proposed site of a multi- family residential development planned for townhome style units for rent. A subdivision plat is required and will likely include an extension of Laila Lane eastward toward 1-35. The alignment of Laila Lane is currently under review. Mrs. Maxwell explained that after notice of this zoning change was published in the newspaper and sent to surrounding property owners, the applicant met with City staff and decided to revise his proposal to include a townhouse development on individual lots, instead of one large lot with multiple units. A townhouse development is only allowed in a Planned Development (PD) Zoning District. Therefore, the requested zoning has been amended to PD (MF) District for Townhomes, a more restrictive proposal, allowed by the original legal notice. The owner is proposing to develop 84 townhouse units on the southern seven acres, and is undecided at this point on the style of rental units for the northern portion. The proposed townhouse units will be one story with 3 bedrooms, 2 bathrooms, and one car garage (approximately 1,210 sq. ft. living space). A driveway width of 18 feet will be provided to allow two vehicles to park, for a total of 3 parking spaces/unit. An additional 43 parking spaces are proposed along the eastern property line for guests and visitors. The internal streets will be private streets with a 24' pavement width, with curb and gutter. Maxwell said with the MF District as the base zoning district, all uses allowed in the MF District are allowed. This includes the proposed townhouse units as well as single family and two family dwellings and a traditional apartment complex. Other uses allowed in the MF District include a family home, child care center, and nursing home. She added that the MF Zoning District allows a maximum density of 18 dwelling units per acre. The proposed density for the southern townhouse development is 12 dwelling units per acre. A 6' solid screen is required along the property line separating the MF zoning from the Single Family zoning and specified fencing identified in the City's Design Standards is also required along the Connell Street frontage, a major collector street. A detailed review of the site plan will occur Belton City Council Meeting September 24, 2019 - Page 7 in conjunction with the building permit. Subdivision plat approval is required prior to issuing any building permits. The FLUM identifies this area as a mixture of uses to include a mixed use center near the intersection of 1-35 and 1-14, with residential and commercial/retail uses between Connell Street and 1-35. The Multi Family Zoning District is considered appropriate for either the residential or commercial/retail land use category. There are a variety of residential uses in this general vicinity to include duplexes and detached single family homes. The requested PD (Multi Family) Zoning District for townhomes is consistent with the FLUM, compatible with existing uses, and appears to be reasonable in this location. Mrs. Maxwell said the Planning and Zoning Commission met on September 17, 2019, and unanimously recommended approval of this zoning change from Retail and SF2 Districts to Planned Development (Multi Family) District for Townhomes, subject to the conditions below. Staff concurs with their recommendation. 1. The allowable uses of the property shall conform to the Multi Family Zoning District in all respects, including townhomes. 2. The development of the property shall conform to the following: a. All area requirements as specified under Section 32.10 of the Zoning Ordinance, with all other requirements to conform to the Multi Family Zoning District; b. All applicable Type Area 2 Design Standards, as identified in Ordinance 2014-17, Section 7.1 of the Zoning Ordinance; and c. Phase I shall generally conform to the attached site plan. Future phases will require site plan review and approval by the Planning and Zoning Commission and City Council in the typical process for a zoning change. 3. A subdivision plat is required prior to issuance of any building permit for Phase I or future phases. Councilmember Leigh asked if the units have backyards. Mrs. Maxwell said they do, but she is unsure whether the applicant intends to fence each one individually. She said the owner wants have individual meters for the units, and added that he is not planning on selling the units. Mayor Pro Tern Carpenter asked if drainage will be an issue with that many rooftops in the area. Mrs. Maxwell said there will be a full review of the drainage at the plat review stage. Councilmember O'Banion asked if the units will be connected or if they will be individual buildings. Maxwell said she believes they will be connected in groups of 5- 6 units, but at this time she is not sure since the property has not yet been platted. Belton City Council Meeting September 24, 2019 - Page 8 Councilmember Kirkley said the units look like they will most likely share a common wall. Councilmember Leigh reminded the Council that this item is for consideration of a zoning change. He added that he views the construction of these as similar to duplexes. However, he said the pictures that have been shown are somewhat confusing . Councilmember O'Banion said that these questions will need to be answered before Council can approve the plat. He added that at the zoning stage, Council usually has a pretty good idea of what the ultimate development will be, but the pictures provided with this zoning case don't provide enough information. He added that when there are questions like the ones raised in this case, they are not necessarily appropriate because it is a zoning case. However, there are some that need to be answered before the plat comes to Council for approval. He said it's hard knowing the appropriate time to ask these types of questions. Councilmember Holmes asked about the applicant's responsibility for perimeter street improvements. Mrs. Maxwell said when the plat comes through , whatever frontage is along Connell, he will be responsible for the perimeter street improvements for that entire frontage. Councilmember Leigh said the design appears to have private streets within the complex, and that may be problematic. City Manager Sam Listi said that originally the applicant applied for multi-family, but as Staff reviewed the development proposal, it is essentially town house units in a multi-family district. It will be a rental complex where each unit will have a separate meter. He added that the division of the property will have to be worked out during the platting phase. Councilmember O'Banion said the question is, "is this zoning appropriate either way?" Mayor Grayson opened the public hearing. Seeing no one wishing to speak, she closed the public hearing. Upon a motion by Mayor Pro Tern Carpenter, and a second by Councilmember Leigh, Item #9, including the following captioned ordinance, was unanimously approved by a vote of 7-0. ORDINANCE NO. 2019-47 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICT FROM SINGLE FAMILY TWO AND RETAIL DISTRICTS TO PLANNED DEVELOPMENT (MULTI FAMILY) DISTRICT FOR TOWNHOMES ON APPROXIMATELY 18 ACRES, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 2 DESIGN STANDARDS. Belton City Council Meeting September 24, 2019- Page 9 10. Hold a public hearing and consider a zoning change from Agricultural and Two Family Districts to Retail, Single Family Three, and Planned Development (Multi Family) Districts on approximately 45 acres located generally west of Connell Street, south of W. Avenue 0, and north of Huey Drive, along an extension of Laila Lane. 11. Consider a preliminary plat of West Avenue O Addition, comprising 44.958 acres with frontage on the south side of W. Avenue O, comprising approximately 45 acres located generally west of Connell Street, south of W. Avenue 0, and north of Huey Drive, along an extension of Laila Lane. Items 10 and 11 were presented together and voted on separately. Director of Planning Cheryl Maxwell said this property is the proposed site of a mixed use development with retail on the Avenue O frontage, and residential use- detached single family homes and duplex style apartments-on the remainder. This property is being platted as a preliminary plat (YVest Avenue O Addition) with one retail lot, 145 single family lots, and four lots for multi-family use with 96 duplex units. Portions of this preliminary plat were included in the preliminary plat for City Lights Addition--Blocks 2 and 3, that was approved in January this year. Those blocks were each shown as one lot at that time and are now part of the proposal for detached single family homes. Extensions of Southwest Parkway and Laila Lane were also part of the City Lights Addition. The plat boundary for West Avenue O Addition only includes an extension of Southwest Parkway on the south side of Laila Lane, with Laila Lane and the northern segment of Southwest Parkway outside the plat boundary. Whichever development proceeds first with a final plat will be required to include these roadways as needed for access and circulation. This property is currently zoned Agricultural District along the western end and Two Family District along the eastern end. The Two Family zoning occurred in 2017, in anticipation of Phase Ill of the Southwood Hills duplex development. This property is currently undeveloped. The proposed City Lights community will be located on the adjacent property to the north and east, zoned Multi Family District in January 2019. This property is currently undeveloped except for a single family residence and an accessory storage building, but is planned for a senior living complex with duplexes for rent, an assisted living facility, and an amenity center. Farther to the east along the north side of Laila Lane is the Southwood Hills duplex development, Phases I and II, currently undergoing development, zoned Planned Development (Two Family) District. The adjacent properties to the east along the west side of Connell Street are zoned Agricultural District with residential uses, a business-Belton Granite and Tile that is operating under a grandfathered status, and one tract that was zoned Single Family 3 with a Specific Use Permit for a church in March 2019. Clearing of this tract is underway in preparation for the church development. Adjacent properties to the south are zoned Single Family 2 District for the Liberty Valley residential development, Agricultural District where a personal wireless service facility, i.e. cell Belton City Council Meeting September 24, 2019- Page 10 tower is located, and Neighborhood Service District on a tract that is currently undeveloped. Adjacent property to the west is zoned Agricultural District and is the site of McNamara Auto Parts. The applicant is proposing to develop 145 single family lots for sale, 96 duplex units for rent, and one retail site with frontage along W. Avenue 0 . The duplex units will be one story with 3 bedrooms and 2 bathroom, with a one car garage and two parking spaces in the driveway for a total of 3 spaces per unit. An extra 74 parking spaces are provided for additional parking for the duplex units. The requested Multi Family (MF) Zoning District allows the proposed duplex units as well as single family and two family dwellings and a traditional apartment complex. Other uses allowed in the MF District include a family home, child care center, and nursing home. The Single Family 3 (SF3) Zoning District allows detached single family homes. Mrs. Maxwell said the applicant is uncertain at this time as to what will be developed on the retail site. The applicant is requesting a reduction in the front yard setback for the single family lots where the depth is less than 120'. The purpose of the reduction is to allow proposed house plans that provide for a larger back yard. This reduction is proposed for the 51 lots in Blocks 2, 3 and 5. This reduction may be accomplished on the subdivision plat and is proposed with the preliminary plat under consideration. The applicant is requesting Multi Family Zoning District for the duplex units. The Zoning Ordinance requires duplex developments in the MF Zoning District to observe the area requirements of the Two Family Zoning District. The applicant is requesting a Planned Development District for this portion of the development to accommodate reductions in the front yard and rear yard setbacks from 25' and 20' respectively, to 15' for Block 11, and Lots 1 and 2 of Block 12. For Lot 3, Block 12, where the lots front on a public street, 25' front yard and 20' rear yard setbacks will be observed; however, a reduction in the lot depth from 100' to 90' is requested for these lots. The MF Zoning District allows a maximum density of 18 dwelling units per acre. The proposed density for the duplexes is 8 to 10 units/acre. Maximum lot coverage allowed by the main building and accessory buildings in MF or 2F Zoning District is 40%. The proposed development satisfies this requirement. A 6' solid screen is required along the property line separating the MF zoning from the Single Family and Two Family zoning Districts, and along public streets in accordance with the City's Design Standards, except where the lots/units front on the street. A conceptual site plan has been provided for the Planned Development portion and is attached. A detailed review of the site plan will occur in conjunction with the building permit. Subdivision plat approval is required prior to issuing any building permits. Belton City Council Meeting September 24, 2019 - Page 11 The FLUM identifies this area as proposed for residential use with commercial/retail development along the Avenue O frontage. The Multi Family Zoning District is considered appropriate for either the residential or commercial/retail land use category. There are a variety of residential uses in this general area to include duplexes and detached single family homes. The requested Multi Family, Single Family 3, and Retail Zoning Districts are consistent with the FLUM , compatible with existing uses, and appears to be reasonable in this location. The Planning and Zoning Commission met on September 17, 2019, and recommended approval of this zoning change from Agricultural and Two Family Districts to Retail, SF3 and Planned Development (Multi Family) District, subject to the conditions below for the Planned Development District, with 8 votes in favor and 1 abstention (Commissioner Jarratt). Staff concurs with their recommendation . 1. The use of the property shall conform to the Multi Family Zoning District in all respects. 2. The development of the property shall generally conform to the conceptual site plan and all applicable Type Area 2 & 9 Design Standards, as identified in Ordinance 2014-17, Section 7.1 of the Zoning Ordinance. 3. The development of the property shall conform to the Two Family Zoning District in all respects except for the following: A. A reduction in the front yard setback requirement from 25' to 15' is allowed for Block 11, and Lots 1 and 2 of Block 12; B. A reduction in the rear yard setback requirement from 20' to 15' is allowed for Block 11, and Lots 1 and 2 of Block 12; C. A reduction in the minimum lot depth requirement from 100' to 90' is allowed for Lot 3, Block 12. 4. A subdivision final plat is required . Mrs. Maxwell provided a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Water: An existing 8" water line runs along the south side of West Avenue 0. There is also an 8" waterline stubbed out at the end of the existing termination of Laila Lane and an 8" line along Connell Street. The applicant will be connecting these lines with an 8" water main that will be extended throughout the subdivision and along the new sections of Southwest Parkway and Laila Lane. The 8" line satisfies minimum requirements for fire protection. Sewer: An existing 8" sewer line runs along Laila Lane, east of this property, and a 1O" sewer line runs along Connell Street. The applicant proposes to tie into these lines and extend an 8" line throughout the subdivision and along the extension of Laila Lane westward . The developer's engineer will confirm the existing 8" line along Laila and existing 1O" line in Connell can handle the projected sewer flows. Streets: The portion of Southwest Parkway south of Laila Lane is included in this preliminary plat boundary. Extensions of Laila Lane westward and Southwest Parkway Belton City Council Meeting September 24, 2019- Page 12 north of Laila Lane are included in the preliminary plat of City Lights Addition, but are also needed for this development. Both of these streets are minor collectors on the city's Thoroughfare Plan map. Both Laila Lane and Southwest Parkway will be constructed with a 37' pavement width with curb and gutter within a 70' ROW. Several local streets are proposed for construction as part of this development and will be constructed with a 31' pavement width with curb/gutter within a 50' ROW. West Avenue O and Connell Street are major collectors on the City's Thoroughfare Plan map. Major collectors require a minimum ROW width of 80'. For Avenue 0, .there is currently approximately 155' of ROW; no additional ROW is needed. Existing pavement width of Avenue O in this vicinity is approximately 42'; there is no curb/gutter but instead a bar-ditch drainage system. The City Public Works Director has determined that no perimeter street improvements are needed for Avenue 0 . For Connell Street, there is approximately 52' ROW in this vicinity, which is a deficit of 28'. The applicant is responsible for dedicating ½ of the needed ROW, in this case, 14'. Existing pavement width of Connell Street is approximately 22'; there is no curb/gutter. Perimeter street improvements are required for the frontage along Connell Street and will be evaluated with the final plat. Sidewalks: Per the City's CURRENT Subdivision Ordinance, a 5' wide sidewalk is required along BOTH sides of internal collector streets and the subdivision side of perimeter collector streets. Therefore, a 5' wide sidewalk is required along both sides of Laila Lane and Southwest Parkway, the south side of W. Avenue 0, and the west side of Connell Street. Drainage: Pre and post-drainage maps have been provided along with a drainage report. On-site detention ponds are proposed to address drainage needs and will be privately owned and maintained. A detailed review of the drainage plans and drainage report will be conducted with the final plat and site plan . Parkland Dedication/Fees: The parkland fee requirement per Subdivision Ordinance Section 517 is $200 per residential unit. For 145 single family dwelling units and 96 two family dwelling units (total of 241 dwelling units), the fee equates to $48,200. This may also be satisfied with land dedication of 1 acre/100 dwelling units, or 2.41 acres in a site acceptable to the city. The applicant has submitted a variance request and intends to provide land and on-site amenities to address this requirement; a detailed plan will be provided with the final plat, and evaluation of the applicant's requested variance will occur at that time. Funds collected would be used to develop the city park near the Liberty Valley development, which is within a one-mile radius of this subdivision. At the September 17, 2019 Planning Commission meeting, Commissioner Covington proposed consideration of a variance to the requirement of sidewalks on both sides of collector streets, to reduce the requirement to one side only. The P&ZC voted to grant a variance for the segments of Laila Lane and Southwest Parkway that are in this plat boundary, requiring a 5' sidewalk on one side instead of both. This was approved with eight votes in favor, with David Jarratt recusing himself and abstaining from voting . Belton City Council Meeting September 24, 2019 - Page 13 Mrs. Maxwell explained that Staff is concerned about the P&ZC recommendation to grant a variance to the sidewalk requirement for a number of reasons, including proposed neighborhood density and pending evaluation of sidewalk standards. 1. Density: This development alone is proposing 241 dwelling units. Other developments in this vicinity include City Lights Addition with 120 proposed dwelling units, West Canyon Trails with 170 proposed dwelling units, and Southwood Hills Phases I & II underway with 146 dwelling units. These total 677 dwelling units. If you add in the Liberty Valley development to the south , that is an additional 200 dwelling units, for a total of 877. With this level of development, we anticipate Southwest Parkway and Laila Lane to be heavily traveled. For pedestrian safety, it appears sidewalks are needed on both sides of these collector streets. 2. Pending Evaluation of Sidewalk Standards: Proposed Subdivision Ordinance amendments, to include sidewalks, were tabled at the June 18, 2019 Planning Commission meeting, to allow a joint workshop with the City Council and the Planning Commission. We are working to coordinate a date for that workshop, which will likely occur in November. In the interim, we recommend the current requirements continue to be applied, and if some relaxation in the standards is approved , then these changes could apply to this subdivision when the final plat is presented for consideration . Staff recommends: 1. Approval of zoning change to Retail, Single Family 3, and Planned Development (Multi-Family) Zoning Districts, to include reduction in the following setbacks for lots located in the Planned Development District: A. A reduction in the front yard setback requirement from 25' to 15' is allowed for Block 11, and Lots 1 and 2 of Block 12; B. A reduction in the rear yard setback requirement from 20' to 15' is allowed for Block 11 , and Lots 1 and 2 of Block 12; C. A reduction in the minimum lot depth requirement from 100' to 90' is allowed for Lot 3, Block 12. 2. Approval of reduction in front yard setback from 25' to 20' for single family lots in Blocks 2, 3 and 5. 3. Inclusion of Southwest Parkway and Laila Lane in final plat as needed for access and circulation. 4. Deferral of decision on variance request for the parkland dedication/fee requirement to the final plat when a detailed plan will be provided . 5. All items addressed in City's September 16, 2019, letter of conditions to the applicant. 6. Disapproval of variance to the sidewalk requirement along Laila Lane and Southwest Parkway to allow sidewalk only on one side. Mayor Grayson opened the public hearing. Deacon Marvin Bell of Magnolia First Baptist Church said he is neither for nor against the project. He is happy to see Belton City Council Meeting September 24, 2019 - Page 14 development on the south side of town. He is concerned about the number of dwelling units with no sidewalks and limited access. He said there is a great need for a recreation center in the area, and he added that a walking trail would be good as well. Pauline Farinha, 344 Hamilton Court, asked how close this development is to her backyard. Mrs. Maxwell showed Ms. Farinha on the map where her property is located in relation to the development. Todd Scott, 1432 Overlook, spoke as the contractor, one of the developers and the applicant. He summarized the master development that is proposed for the area including anticipated connectivity. He discussed various types of proposed residential development, as well as access to the development and park land/open space/walking trails. He said that he will do whatever the Council recommends on the sidewalk. The variance was not requested by the applicant, but was offered by the Planning and Zoning Commission. Mayor Grayson asked about the 15-foot setback on the duplexes. Mr. Scott said there are some issues with the access easement for the cell tower, and it is also a way to be able to offer lower rent. Seeing no one else wishing to speak, Mayor Grayson closed the public hearing. Councilmember Leigh suggested changing the name of Southwest Parkway where it will be extended since it is not proposed to line up with the existing Southwest Parkway. He also suggested looking at the area for a regional park. Upon a motion by Councilmember Leigh, and a second by Mayor Pro Tern Carpenter, Item #10, including the following captioned ordinance, was unanimously approved by a vote of 7-0. ORDINANCE NO. 2019-48 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BELTON BY CHANGING THE DESCRIBED DISTRICTS FROM AGRICULTURAL AND TWO FAMILY DISTRICTS TO RETAIL, SINGLE FAMILY THREE, AND PLANNED DEVELOPMENT (MULTI FAMILY) DISTRICTS ON APPROXIMATELY 45 ACRES, WITH DEVELOPMENT TO BE REGULATED UNDER TYPE AREA 9 AND 2 DESIGN STANDARDS. There was a discussion on whether the sidewalk variance should be considered at a future meeting. There was also discussion about why some subdivisions were only required to have sidewalks on one side while others were required to have sidewalks on both sides. Councilmember O'Banion made a motion to approve Item #11, the preliminary plat, without the sidewalk variance. Mayor Pro Tern Carpenter seconded the motion Belton City Council Meeting September 24, 2019 - Page 15 which was approved by a vote of 6-1. Councilmember Holmes provided the dissenting vote. 12. Hold a public hearing and consider a final plat of Arbor Park Court Phase 2, being a replat of Lot 2, Block 1, Arbor Park Court, located on the west side of Arbor Park Drive, south of Powell Avenue, in the Belton Business Park. Director of Planning Cheryl Maxwell explained that this two lot subdivision is a replat of Lot 2, Block 1, Arbor Park Court, which was platted in 2016. This property was zoned Planned Development (Commercial 1) District in 2010 to allow a mixed use development. The proposed lots comprise 1.891 and 1.150 acres, exceeding all area requirements for the Commercial 1 base zoning district. An office is proposed for development on Lot 28, with the property under contract for sale from BEDC. No development is currently proposed for Lot 2A, the westernmost lot. Lot 2A does not have frontage on a public street; access is proposed via an existing access easement. Mrs. Maxwell provided a summary of the subdivision ordinance requirements as they apply to this subdivision plat. Water/Sewer: An existing 8" water line runs along the west side of Arbor Park Drive and an existing 12" sewer line run along the west side of Lot 2A. These lines will be tapped to extend private service lines to these lots. A private 8" water line will be extended to Lot 2A and a private 6" sewer line will be extended to Lot 28. Fire hydrants are existing and meet Fire Code requirements. Drainage/Streets/Sidewalks: Drainage plans for this site will be evaluated during the site plan/building permit review. Arbor Park Drive is a local street with 31' wide pavement and curb/gutter within a 60' ROW. Local streets are required to have a minimum 50' ROW width, 31' pavement width, with curb/gutter. Therefore, no ROW dedication or perimeter street improvements are needed. A sidewalk is not required along a local street. Access: Proposed Lot 2A does not have public street frontage as required by Subdivision Ordinance Section 511.02. There is an existing 26' wide drainage and access easement centered on the lot line between Lot 28 and the adjacent lot to the south. This easement was established with the previous plat and is being carried over with this replat to provide access to Lot 2A. Therefore, the applicant is requesting a variance to the public street frontage requirement for Lot 2A, substituting this private access for a public street. Staff supports this variance request, subject to a maintenance agreement to ensure maintenance responsibilities of the access easement. Conclusion: Staff has reviewed the replat and finds it acceptable as a final plat, subject to conditions identified in the City letter to the applicant dated September 12, 2019. Belton City Council Meeting September 24, 2019 - Page 16 Mrs. Maxwell said the Planning and Zoning Commission met on September 17, 2019, and unanimously recommended approval of this final plat of Arbor Park Court, Phase 2, subject to the conditions below. Staff concurs with their recommendation . 1. Approval of variance to the public street frontage requirement for Lot 2A, subject to review and approval of a maintenance agreement for the access easement; and 2. All items addressed in the City's September 12, 2019, letter of conditions to the applicant. Mayor Grayson opened the public hearing. Cynthia Hernandez, Executive Director of the BEDC, said that BEDC supports this plat. She said the property needs to be platted prior to the closing. Justin Fuller, of Clark and Fuller Engineers, said that an office building is planned for this property. Seeing no one else wishing to speak, Mayor Grayson closed the public hearing. Upon a motion by Councilmember Holmes, and a second by Mayor Pro Tern Carpenter, Item #12 was unanimously approved by a vote of 7-0. 13. Hold a public hearing and consider an ordinance amending the following sections of the Zoning Ordinance: A. Section 42, Definitions, by adding a definition for Mobile Food Vendor/Establishment and Mobile Food Vendor Park. B. Section 21, Retail Zoning District and Section 22, Central Business District, to allow Mobile Food Vendor Park as a permitted use by right, which will also allow use in the Commercial Highway, Commercial-1 and Commercial- 2 Zoning Districts. Director of Planning Cheryl Maxwell said the City Council recently adopted standards for regulating Mobile Food Vendors/Food Trucks (MFV) , in the City limits. Due to their transient nature, .a MFV is regulated via a 6-month permit and is allowed in all zoning districts except single family and two family zoning districts. The MFV Ordinance also set standards for MFV Parks, to include parking , site pads, signage, restrooms, fire lanes, and site plan requirements. A MFV Park consists of 3 or more MFV units. A MFV Park is a more permanent/stationary type use and therefore, needs to be evaluated for appropriate locations/zoning districts and added to the definitions in the Zoning Ordinance. Staff prepared draft definitions for a Mobile Food Vendor/Establishment and a Mobile Food Vendor Park to add to the Zoning Ordinance. At their September 17, 2019, meeting, the Planning and Zoning Commission voted to add a definition for Temporary Event Mobile Food Vendor, and to include text in the definition of Mobile Food Vendor/Establishment to clarify that a temporary event mobile food vendor is Belton City Council Meeting September 24, 2019 - Page 17 not considered a mobile food vendor/establishment. The original definitions are shown below with the Planning Commission revisions noted in red text: MOBILE FOOD VENDOR/ESTABLISHMENT Any business which sells edible goods from a nonstationary location within the City including a mobile food operation using any heat-producing equipment to cook, fry, or warm products for consumption from a unit which is wheeled, or otherwise designed ' to be readily transported from place to place, whether towed or self- propelled, and which is not designed to be permanently connected to domestic water, sanitary sewer, or electricity. The terms include a food truck, but do not include a temporary event mobile food vendor, food booth, concession stand, or food vending push cart. MOBILE FOOD VENDOR PARK A permanent site with three (3) or more mobile food vendors. TEMPORARY EVENT MOBILE FOOD VENDOR - A mobile food vendor that operates for a period of no more than 14 consecutive days in conjunction with a single special event or celebration, or scheduled series of events. Staff has evaluated the MFV Park use and feels it is similar to restaurant use, and therefore appropriate in the same zoning districts. Amendments are proposed to the Retail and Central Business Districts as shown below: Added: PERMITTED USES: Mobile Food Vendor Park (Refer to Ordinance 2019-27 for Mobile Food Vendor Park requirements) By amending these sections, a MFV Park is allowed in the following zoning districts: • Retail • Central Business District • Commercial Highway (any use allowed in Retail) • Commercial-1 (any use allowed in Retail) • Commercial-2 (any use allowed in Commercial-1) Maxwell said the Planning and Zoning Commission met on September 17, 2019, and unanimously recommended approval of an ordinance as follows, and Staff concurs with their recommendation: A. Amending Section 42, Definitions, by adding a definition for Mobile Food Vendor/Establishment as revised, Mobile Food Vendor Park, and Temporary Event Mobile Food Vendor. B. Amending Section 21, Retail Zoning District, to allow a Mobile Food Vendor Park as a permitted use; this would also allow MFV Park in the CH, C-1 and C-2 zoning districts. Belton City Council Meeting September 24, 2019- Page 18 C. Amending Section 22 , Central Business District, to allow Mobile Food Vendor Park as a permitted use. Mayor Grayson opened the public hearing. Marvin Bell of Magnolia First Baptist Church said it is a great idea. He asked if fried catfish could be sold by a mobile food vendor, and he was assured that it could be sold. Seeing no one else wishing to speak, she closed the public hearing. Upon a motion by Mayor Pro Tern Carpenter, and a second by Councilmember O'Banion, Item #13, including the following captioned ordinance, was unanimously approved by a vote of 7-0. ORDINANCE 2019-49 AN ORDINANCE OF THE CITY OF BEL TON, TEXAS, AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 42, DEFINITIONS, BY ADDING A DEFINITION FOR MOBILE FOOD VENDOR/ESTABLISHMENT, MOBILE FOOD VENDOR PARK, AND TEMPORARY EVENT MOBILE FOOD VENDOR, AND BY AMENDING SECTION 21, RETAIL ZONING DISTRICT AND SECTION 22, CENTRAL BUSINESS DISTRICT, TO ALLOW MOBILE FOOD VENDOR PARK AS A PERMITTED USE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. There being no further business, the Mayor adjourned the meeting at 7:36 p.m. ~,~- Marion Grayson, May6r ATTEST: