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HomeMy WebLinkAboutMarch 02, 2000 Agenda AGENDA CITY OF DENTON CITY COUNCIL March 2, 2000 After determining that a quorum is present and convening in an Open Meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Thursday, March 2, 2000 at 5:15 p.m. in the City of Denton Council Work Session Room, Denton City Hall, at 215 East McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a Closed Meeting at 5:15 p.m. and will convene at the time listed below for its special called meeting. The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, as set forth below. 1. Closed Meeting A. Consultation With Attorney - Under TEX. GOV'T. CODE Section 551.071. Deliberate and consider authorizing the City's attorneys to file a verified petition in the District Court, County Court, or County Court at Law of Denton County to obtain judicial review of the Zoning Board of Adjustment's decision in ZBA-00-004 which granted a variance from Section 33-132(2) of Chapter 33, the Sign Ordinance, regarding sign height at the property commonly known as 701 Fort Worth Drive located on the north side of 1-35 between Fort Worth Drive and Locust in the City of Denton and further known as Home Depot; authorizing the hiring of outside attorneys as necessary to avoid conflicts of interest between the competing interests of the City of Denton and its Zoning Board of Adjustment; and seeking advice from the City's attorneys concerning the legality of the Zoning Board of Adjustment's decision and other issues related to such litigation, where to discuss such issues and matters in a public meeting would conflict with the attorneys' duties and professional responsibilities to their client under the Texas Disciplinary Rules of Professional Conduct. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071-551.086 OF THE OPEN MEETINGS ACT. Special Called Meeting of the City of Denton City Council on Thursday, March 2, 2000 at 6:00 p.m. in the Council Chambers at City Hall, 215 E. McKirmey Street, Denton, Texas at which the following items will be considered: City of Denton City Council Agenda March 2, 2000 Page 2 Hold a joint City Council / Planning & Zoning Commission public hearing to receive public input, consider, make recommendations and/or take appropriate action concerning an ordinance of the City of Denton, Texas, establishing interim standards and regulations for applying policies of the adopted comprehensive plan to requests for zoning amendments and certain specified nonresidential development applications pending adoption of a revised development code; providing for administration of such standards and regulations; providing for exemptions; providing for severability; providing an effective date; and providing a savings clause. Public Hearing Planning & Zoning Commission Deliberations and Recommendation City Council Deliberations and Action Consider and take action on the following request for relief from the provisions of Ordinance 99-474, establishing a moratorium to apply to certain specified development applications: Kerestine property, northwest comer of Woodrow Lane and Morse Street - 12.6_+ acres zoned LI. Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for: Kerestine property, northwest comer of Woodrow Lane and Morse Street - 12.6_+ acres zoned LI. Official action on Closed Meeting items under Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of ,2000 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS ARE ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLINO 1-800-RELAY- TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 2nd, 2000 Planning & Development Dave Hill, 349-8314 Agenda Agenda Item SUBJECT Hold a joint City Council / Planning & Zoning Commission public hearing to receive public input, consider, make recommendations and/or take appropriate action concerning an ordinance of the City of Denton, Texas, establishing interim standards for applying policies of the adopted comprehensive plan to requests for zoning amendments and certain specified nonresidential development applications pending adoption of a revised development code; providing for administration of such standards; providing for exemptions; providing for severability; providing an effective date; and providing a savings clause. a. Public Hearing b. Planning & Zoning Commission Deliberations and Recommendation c. City Council Deliberations and Action BACKGROUND The draft Interim Nonresidential Standards Ordinance was most recently reviewed during work session discussions held by City Council on February 22nd, and by the Planning & Zoning Commission on February 23fa. The draft ordinance was also reviewed during two meetings sponsored by the Denton Chamber of Commerce on February 14th and 16th. A final draft of the ordinance (attached) has now been prepared for public hearing comments, P&Z deliberations and recommendation, and Council deliberations and consideration of ordinance adoption. Results of February_ 22nd Council Meetine Several revisions to the draft ordinance were made by City Council on February 22ha. Three of the more significant changes include (1) Project Plans and plats may now be processed concurrently, (2) architectural performance standards may be used to substitute for elevational drawings during Project Plan review, and (3) Project Plans will expire two years after the date of approval. Several other changes were made for clarification purposes. Results of Februar~ 23rd Planning & Zoning Commission Meeting During the February 23~d P&Z work session, the P&Z Commissioners discussed the draft ordinance and made the following comments: The Commission was split on several provisions contained in the latest draft of the ordinance. Several of the commissioners were concerned that many of the Chamber of Commerce recommendations were not addressed that included: 1. Provide a complete or partial exemption for the CBD. 2. The compatibility standards for masonry should be measured at 200' and provide a more flexible/appropriate minimum standard. 3. The requirement for architectural standards are too vague and subjective and potentially limits creativity; they would like objective, measurable design standards. 4. The requirement restricting garage door orientation and setback is over restrictive. There were several suggestions to amend the draft ord'mance including: 1. Broaden the relief provisions to encompass issues relating to specific uses and architectural standards. 2. State the intent for architectural standards in a positive manner. 3. Specify a distance limit to the requirement to provide information on adjacent properties. 4. Develop architectural design criteria based upon the different types of nonresidential land use; i.e. standards for industrial development should be different that those for retail uses. Many commissioners wanted a further information to better understand the ESA maps and the impact on development. OPTIONS 1. Adopt the ordinance as drafted. 2. Revise and adopt the ordinance as appropriate. 3. Postpone review of the draf~ ordinance to a later date. RECOMMENDATION Staff recommends approval of the ordinance. The regulations are intended to guide development decisions for the next 9 to 12 months, and can be amended within that time frame if necessary. Applicants will have the opporttmity to seek relief from the ordinance. ESTIMATED PROJECT SCHEDULE Thursday, March 2nd Joint Council / P&Z public hearing; P&Z makes recommendation; Council considers ordinance adoption PRIOR ACTION/REVIEW December 14th, 1999 December 14th, 1999 January 4th, 2000 January 11th, 2000 January 25th, 2000 January 26th, 2000 February 8th, 2000 February 14th', 2000 February 15th, 2000 February 16th, 2000 Febmory 22nd, 2000 February 23rd, 2000 City Council work session review GR & C moratorium ordinance adopted (Ordinance No. 99-474) GR & C moratorium ordinance amended (Ordinance No. 2000-017) City Council work session review City Council work session P&Z work session Joint City Council / P&Z public hearing Chamber Committee / City StaffMeeting Council adoption of ordinance to conduct March 2"a joint public hearing Chamber of Commerce-sponsored open meeting City Council work session P&Z work session FISCAL INFORMATION A higher level of analysis will be required to meet Zoning Plan and Project Plan review requirements than has been required in the past. The ordinance, if adopted, will create higher application preparation costs. The cost of staff review and increased processing time will also rise. If the higher costs result in better planning and more efficient design, as is the intent of the ordinance, the increased upfront costs will be offset by longer term savings once the development is built. ATTACHMENTS 1. Draft Ordinance Respectfully submitted: Assistant City Manager, Development Services ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FOR ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted by Ordinance No. 99-439 a new ComprehensivePlali~ for the City of Denton on December 7, 1999, and supercedingthe Denton Development Plan; and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to the location and intensity of retail and commercial land uses; and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies; and WHEREAS, it appears that substantial applications for approval of nonresidential developments are likely to occur in the intervening time period; and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan; and WHEREAS, the City of Denton has enacted ordinance 99-474, ordinance 2000-017, and ordinance 2000-065, establishing, amending, and extending a moratorium pending the adoption of interim standards for applying the policies of the comprehensive plan for certain specified commercial development applications; and WHEREAS, Chapter 219 of the Texas Local Government Code authorizes municipalities to enact regulations defining the consistency between comprehensive plan proposals and development regulations; and WHEREAS, a joint public hearing between City Council and the Planning and Zoning Commission was held on February 8, 2000; and WHEREAS, a joint public hearing between City Council and the Planning and Zoning Commission was held on March 2, 2000; and WHEREAS, the Planning and Zoning Commission recommended (approv~ / deni~~ of these interim standards by a vote of on March 2, 2000; and WHEREAS, the City is desirous of allowing property owners to proceed with development applications for nonresidential uses pending the adoption of permanent revisions to the Land Development Code, subject to interim standards that safeguard the health, safety and general welfare of the community; and THE COUNCIl, OF THE CITY OF DENTON, HEREBY ORDAINS: Section I. Interim Development Regulations. The following provisions hereby are incorporated as interim development stand_a_rds pending the adoption ofpem~anent revisions to the City's Code of Ordinances that implement the policies, goals and strategies contained in the adopted Comprehensive Plan concerning nonresidential land uses. Pending adoption of such permanent revisions, these interim development regulations shall supersede conflicting provisions of the City Code of Ordinances, including in particular and without limitation Chapter 34, Subdivisions, and Chapter 35, Zoning, and shall read as follows: SECTION A. GENERAL PROVISIONS 1. Intent and Purposes. It is the intent and purpose of these regulations: ao to facilitate proper and detailed evaluation of nonresidential zoning and rezoning applications within city limits in order to render such applications consistent with the policies, goals and strategies concerning land use, land use intensity, and related growth management objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that implement such policies, goals and strategies; bo to facilitate proper and detailed evaluation of nonresidential preliminary and final plat applications within city limits in order to render such applications, to the extent allowed by law, consistent with the policies, goals and strategies concerning land use, land me intensity, and related growth management objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that implement such policies, goals and strategies; to permit property owners to submit applications for nonresidential development during such interim period, in order to receive preliminary or final approval from the City for such projects, subject to limitations herein set forth; and d. to integrate the limitations and standards herein imposed with the City's existing development regulations governing retail and commercial land uses during the pendency of this ordhaance. Applicability. These interim regulations apply to the following types of nonresidential development applications. Requirements of this ordinance vary according to the type of application submitted for approval: ao Standards for zoning plans and project plans apply to the following types of development applications and must be satisfied prior to approval of such applications. Standards for project plans may be satisfied at the same time or may be deferred, at the property owner's discretion, for satisfaction at a later time, but no later than prior to or contemporaneous with building permit approval: (1) an application to amend the City's zoning map to a nonresidential zoning district classification provided for in the existing City Code of Ordinances, including a Planned Development District containing nonresidential land use classifications; (2) an application to amend a Concept Plan or Development Plan containing nonresidential land use classifications in an existing Planned Development District, (3) an application to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, where the proposed changes to the detailed plan involve land use, lot size, lot dimensions, lot coverage, or building size, unless the proposed changes are consistent with an approved Concept Plan; or (4) an application to approve a zoning application proposing nonresidential land use classifications accompanying an annexation agreement; bo Standards for project plans apply to the following types of development applications and must be satisfied prior to approval of such applications: (1) an application to approve a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property and which does not propose changes to such Concept plan or Development plan; (2) an application to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property and which does not propose changes that involve land use, lot size, lot dimensions, lot coverage, or building size; or (3) an application to approve development involving an existing nonresidential zoning district; or (4) an application to replat land within an existing nonresidential zoning district, that increases the intensity of proposed land uses, through increases in building size, lot coverage, or traffic generation. Co All new and pending nonresidential Planned Development Detailed Plan, preliminary plat or final plat applications that are not required to submit a Zoning Plan as per Section A.2.a., shall be evaluated for Comprehensive Plan Consistency, subject to the standards and limitations as herein set forth. Any application to amend a Concept Plan, Development Plan or Detailed Plan in a Planned Development District(s) must include all contiguous, undeveloped land in unified ownership within such District(s), and all such land is subject to the requirements of this ordinance. 3. Exemptions. This ordinance does not apply to: any nonresidential development application accepted for filing prior to December 15, 1999 for which Concept Plan, Development Plan, or Detailed Plan approval occurred on or after April 7, 1998 but before the effective date of this ordinance; or 4. Duration. This ordinance shall remain in effect until such time as the City enacts its Development Code, as reflected in Section 1.2.a, to implement the policies, goals and strategies concerning nonresidential land uses and related growth management objectives set forth in the newly adopted Comprehensive Plan. Effect on Other Regulations. It is the intent of this ordinance that the standards set forth herein supercede any conflicting standards under existing development regulations that apply to the development application. It is the further intent of this ordinance that provisions of existing development regulations not in conflict with provisions of this ordinance remain in effect and that such provisions apply with full force and effect to the development authorized under this ordinance. SECTION B. DEFINITIONS. For purposes of this ordinance, the following terms are defined to mean: Accepted for liling means the status of a development application following submission and acceptance as complete by the Director of ail application materials and documents required by the City Code of Ordinances. In addition, a development application shall not be considered accepted for filing if there is a condition precedent to the filing that has not been fulfilled. Ci~ means the City of Denton, Texas. Community Activity Center means the area defined and described in the City of Denton Comprehensive Plan. Concept plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Development application means the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for nonresidential uses: zonings, rezonings, planned developments, concept plans, detailed plans, development plans, preliminary and final plats, and building permits. Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City. Director means the Director of Planning and Development or his designate. Downtown University Core District means the area defined and described in the City of Denton Comprehensive Plan. DRC means the city's Development Review Committee. Environmentally Sensitive Areas (ESAs) means a feature of the landscape in its natural condition before any grading, excavation, filling or other man-made alteration, including but not limited to, floodway, floodplain fringe, riparian area, wetlands, ponds, lakes, rivers, wooded area, and topography that exceeds 7 % slope. Such features generally are depicted on the City of Denton Environmentally Sensitive Areas Map. Finalplat means a fmal plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City. Floodplain means the area designated as subject to flooding from the base flood (one-hundred- year flood) on the flood insurance rate map. The floodplain includes the floodway. Floodway means a river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one-hundred-year flood) discharge without cumulatively increasing the water surface elevation any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map. Floodway fringe means the area located within the floodplain and outside the floodway. Neighborhood Center means the area defmed and described in the CitF o£Denton Comprehensive Plan. Nonresidential, nonresidential ~oning district or nonresideo#a! user means any land use that is not a multi-family dwelling, two-family dwelling, one-family dwelling, attached, and one-family dwelling, detached nscs. This definition includes all land uses listed in Section 35-77 of the City of Denton Code except all uses listed under "B. Primary Residential Uses" and "J. ~4gricultural Type Uses - Farm or Ranch." Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City. Preliminary plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of ordinances of the City. Property owner means an all inclusive term denoting the person with primary responsibility toward the city to see that these development rules and regulations and the ordinances of the city are complied with. The term includes person, finn, corporation, partnership or agent, attorney-in- fact, manager or director, developer. Such tem~ as used in this chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed. Qualified masonry product means brick, stone, stucco or masonry material that replicates brick, stone or stucco. Regional Activity Center means the area defmed and described in the City of Denton Comprehensive Plan. Rezonimt means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City and includes an application to amend or approve a concept plan, development plan or detailed plan. Street tree means a tree that is listed on the city's list of eligible street trees adjacent to a public right-of-way. Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City the establishment of a planned development and approval of a concept plan, development plan or detailed plan. Zoning ap!~roval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan, development plan or detailed plan. Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City. SECTION C. ZONING PLANS 1. Zoning Plan Requirements. Every nonresidential development application identified in Section A.2.a shall be accompanied by a zoning plan. The zoning plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential development application, based upon the standards set forth in this section; provided that all other standards applicable to the nonresidential development application have been met. If the development application already contains the information and documents set forth in this section, then such application may be treated as a zoning plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the zoning plan shall be incorporated as a part of the approval. A zoning plan shall contain the following: ao co eo Project name, vicinity map, scale, north arrow, and date. The location and acreage of proposed land uses for the property to be developed for nonresidential land use and any contiguous property in unified ownership. For each nonresidential land use that is proposed, the following information must be provided: Proposed minimum lot size Proposed minimum lot width and depth Proposed building lines: Front, rear, and side Proposed maximum Floor-to-Area Ratio (F.A.R.) Any reservations or dedications proposed. Location of all Environmentally Sensitive Areas, including any field inspection information that provides more detail for clarification purposes, and an indication of any planned mitigation to changes to natural features. All open space to be preserved consistent with standards set forth in this ordinance. An assessment of public facilities, demonstrating the adequacy of or provision for public facilities serving the proposed development. Proposed compatibility measures to be incorporated into the project design, including adjacent density, building materials, or buffering and screening from adjacent uses. Zoning designations adjacent to the proposed development. The proposed method, connection, provider, and location of: (1) The proposed water system. no (2) The proposed wastewater system. (3) The proposed method of drainage of the property. (4) The proposed method of erosion and sedimentation control. Location of drainage ways, environmentally sensitive areas, or public utility easements in and adjacent to the proposed development. Location and size of existing utilities along or within any easement. Limits of 100-year floodplain and floodway. A Traffic Impact Analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour. Vehicular linkages, if any, to adjacent properties in accordance with access management principles. Drainage Study, to the extent needed to determine land areas subject to dedicati0n~ or reservation for drainage purposes. - Water and Wastewater Demand Calculations, to the extent needed to deteti~fine that adequate water and wastewater services are available to serve the property. Location of existing utilities. Any other infot~ation deemed necessary by the Director to analyze the project. 2. Standards Applicable to Zonin~ Plans. a. Nature of Standards The standards contained in this section governing zoning plans are minimum standards. These interim development regulations are not intended to limit the discretion of the City Council to deny a nonresidential development application that achieves the minimum standards contained in this section, or to condition the application based upon overall considerations of health, safety and general welfare. b. Comprehensive Plan Consistency Standards. (1) Land Use Plan and Land Use Intensity. Zoning plans for nonresidential uses must demonstrate consistency with the standards set forth in the comprehensive plan, including the land use plan and district designations. (2) Environmentally Sensitive Areas. Environmentally Sensitive Areas (ESAs) shall be indicated on the Zoning Plan and preserved to the fullest extent possible. Zoning Plan applications shall indicate the extent to which ESAs have been preserved, alternatives that have been evaluated to avoid detrimental impacts, and proposed methods to mitigate disturbances deemed unavoidable. Areas designated as open space for purposes of compliance with landscape ordinance requirements may also be used to preserve ESA's. O) Compatibility Standards. Zoning plans must demonstrate that the proposed development is compatible with the existing and planned adjoining uses and the character of the area in which the project is located, as per the following standards: (a) Masonry. If 50% of the structures located within 500 feet of the boundary of the project have at least 50% of all elevations (excluding windows and doors) comprised of qualified masonry products, then all structures within the project should have elevations comprised of no less than 75% qualified masonry products. (b) Landscaping and Screening. Landscaping and screening shall be used to ensure compatibility with adjoining uses according to the following standards: (1) For existing single-family residential land uses adjacent to proposed nonresidential development: i. Minimum bufferyard width of 20 feet: ii. Minimum number of canopy trees equal to 1 per 15 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 2 for each canopy tree. (2) For existing multi-family residential land uses adjacent to proposed nonresidential development: i. Minimum bufferyard width of 15 feet: ii. Minimum number of canopy trees equal to 1 per 20 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 1½ for each canopy tree. (3) For existing nonresidential land uses considered to be lower in land use intensity adjacent to proposed nonresidential development considered to be higher in land use intensity: i. Minimum bufferyard width of 10 feet: ii. Minimum number of canopy trees equal to 1 per 25 linear feet of bufferyard; and iii. Minimum number of understory trees equal to 1 for each canopy tree. (4) Adequate Public Facilities (a) The land proposed for development must be served adequately by essential public facilities and services. No development application subject to these interim development regulations may be approved unless and until adequate public facilities exist or provision has been 9 made for water facilities, wastewater facilities, drainage facilities and transportation facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being developed or offsite. (1) Proposed public improvements shall conform to and be properly related to the City's subdivision regulations, applicable master plans and capital improvement plans. (2) The City may require the phasing of development or improvements in order to mainta'm current levels of service for existing public services and facilities or for other reasons based upon maintaining the health, safety and general welfare. SECTION D. PROJECT PLANS 1. Project Plan Requirements. Every nonresidential development application identified in Section A.2.b and which is not exempt under Section A.3 shall be accompanied by a project plan. In addition, every development application identified in Section A.2.a which deferred satisfaction of project plan requirements at the time of approval of the zoning plan must receive project plan approval prior to or contemporaneous with building permit approval. The project plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential development application, based upon the standards set forth in this section; provided that all other standards applicable to the nonresidential development application have been met. If the development application already contains the information and documents set forth in this section, then such application may be treated as a project plan and shall be evaluated under the standards in this section. If the application is approved or approved with conditions, the project plan shall be incorporated as a part of the approval. Any Project Plan shall be valid for twenty-four (24) months from the date of its approval. If no construction begins pursuant to a building permit within the twenty-four (24) months, the Project Plan shall automatically expire and no longer be valid. A project plan shall contain the following: ao All of the infom~ation contained in a zoning plan, which will be for informational purposes only. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development, fight-of-way, pavement widths, sidewalks, and bikeways. Lot layout with dimensions for all lot lines and lot area. Location and use of all proposed and existing buildings, driveways, fences and 10 eo go mo oo structures within the proposed development. Indicate which buildings are to remain and which are to be removed. Area calculations: (1) The total area in the development. (2) The gross floor area of all existing and proposed strucures. (3) Area and percentage of the total project area coverage by: i. Structures. ii. Streets, roads, and alleys. iii. Sidewalks. iv. Recreation areas. v. Landscaping. vi. The total area covered by tree canopy at maturity of the trees. vii. Parking areas. Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown off (1) Water lines and diameters. (2) Sewers, manholes and cleanouts. (3) Storm drains and catch basins. (4) Fire hydrants. (5) Access, location, and screening of all dumpsters. (6) Location and size of all public utility easements. Location, size, and use of contemplated and existing public areas within the proposed development. A topographic map of the site at a two-foot contour interval. Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site circulation. Use designations for all areas not covered by buildings, parking, or landscaping. All information necessary to demonstrate compliance with the terms and/or conditions of Zoning Plan approval in relation to Environmentally SensitiVe Areas. A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings, and all calculations necessary to indicate compliance with Chapter 31 of the Code of Ordinances. The elevations, surface area in sq. ft., illumination type, height, and construction (material and style), and locations of all proposed signs for the development. n. Architectural information as required by this section for all structures proposed within the Project Plan area. All Project Plans shall indicate the material, windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling. Elevation drawings may be provided, and shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater. Text descriptions shall include performance standards that will apply to Project Plan structures as necessary to indicate compliance with the Project Plan standards. Any other information deemed necessary to analyze the project. 2. Proiect Plan Standards. 11 ae Minimum Project Plan Standardg The following minimum standards of project design shall be addressed in the project plan: (1) Underground Utilities - All developments must provide for underground utility installation, excepting electrical main sub-station feeders. (2) Interconnected streets - Where applicable, all streets must connect to other streets at both ends, or provide for the future connection when adjacent to undeveloped property. (3) Architecture - Architectural design should be appropriate for the use and location of the proposed land use. Building orientation should be toward the street, with prominent major entrances designed to be attractive and functional also facing the street. Building scale should be compatible with nearby structures in terms of height, mass, and bulk. Mechanical equipment or storage areas should not be visible from the street. Facades should incorporate windows, offsets, jogs, or other distinctive changes to avoid visual monotony. Where appropriate, roofs, alcoves, porticoes, and/or awnings should be used for pedestrian climate protection. Building materials should be appropriate for the use and location of the development. (4) Garage door orientation and setbacks - Garage doors should not face any adjacent street frontages, except alleys. Where site limitations preclude the opportunity to orient garage doors away from the street, other design measures should be employed to screen or minimize visibility from public rights-of-way. (5) Access management principles should be employed to minimize traffic flow disruptions on collector and arterial streets. (6) Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent to a street. (7) Pedestrian Circulation and Linkages - The Project Plan should provide safe and convenient pedestrian circulation appropriate to the proposed land use. Pedestrian linkages to adjacent properties should be facilitated in appropriate locations. (8) Parking Visibility- Parking areas should be screened from public fights-of- way to the extent possible. When visible from public rights-of-way, parking areas should be organized in smaller sub-lots to avoid large, uninterrupted expanses of pavement. (9) Lighting - Lighting shall be designed in a manner that will not shine upward, minimizing the diffusion of light into the atmosphere, and shall not shine on adjacent properties. (10) Traffic calming devices - Approved traffic calming devices should incorporated into the street patterns where appropriate, (1 I) Fences - Fencing should be treated as a design element, and be visually appropriate for its proposed location. Attention should be paid to details such as use of qualified masonry products and design features as accent columns, articulation, or caps. If used along an arterial and collector streets, 12 consideration should be given to openings in fences to provide visual entry into the project area. The use ofberms is encouraged. (12) Landscaped area or art - Landscaped features such as fountains, gardens, or other features that enhance the project are encouraged. Art such as monuments or other sculptural objects that enhance the project may also be considered. Such elements should be visible and/or accessible to the public. (13) Transit facilities - the provision of bus mm-outs and covered seating areas for bus riders should be considered, depending on site location, levels of activity, and type of site visitation. SECTION E. COMPREHENSIVE PLAN CONSISTENCY 1. Requirements. Every nonresidential development application identified in Section A.2.b or Section A.2.c, which does not require the submittal of a Zoning Plan pursuant to Section C, and which is not exempt under Section A.3, shall be subject to a separate evaluation of Comprehensive Plan Consistency. No such development application shall be accepted for filing until the requirements of this Section E have been satisfied. Such development applications shall be considered incomplete until such requirements are satisfied. a. New Applications Prior to filing a nonresidential development application consisting of a Planned Development Detailed Plan, preliminary plat, or fmal plat that is not subject to Section C - Zoning Plan requirements, a petition shall be submitted to the Director of Planning and Development requesting an evaluation of Comprehensive Plan Consistency. Upon making a finding of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures. Upon making a fmding of inconsistency, the Director shall place the application on the next available City Council agenda, whereupon the City Council shall determine if a rezoning petition will be initiated on behalf of the City. If a rezoning petition is not initiated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures. In such case the development application will be accepted for filing. b. Pending Applications Pending Planned Development Detailed Plans, preliminary plats, or f'mal plats that have been filed before the effective date of this ordinance, and are not subject to Section C - Zoning Plan requirements, must be evaluated for Comprehensive Plan Consistency before any further processing of the application is allowed. The Director of Planning and Development shall prepare an evaluation of 13 Comprehensive Plan Consistency for each individual application within thirty (30) days of the effective date of this ordinance. Upon making a finding of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures. Upon making a fmding of inconsistency, the Director shall place the application on the next available City Council agenda. The City Attorney shall prepare a determination and advise the City Council of the status of vested fights with respect to the application. The City Council shall then determine if a rezoning petition will be initiated on behalf of the City. If a rezoning petition is not initiated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures. SECTION F. PROCEDURES 1. Application requirements. No development application subject to these interim development regulations shall be approved without submission and approval of a zoning plan or a project plan, as provided herein, consistent with the standards in this ordinance. If the application is approved, the approved zoning plan or project plan shall be incorporated as an element of the approval. 2. Processing of and decision on plans. (a) Zoning Plans Zoning plans shall be processed and decided by the City Council in accordance with the same procedures designated in existing development regulations for processing and decision set forth in Section 35-7 of the City Code of Ordinances. (b) Project Plans Project plan applications may be submitted, reviewed, and decided by City Council concurrently with Zoning plan applications or as independently reviewed development applications. Review and decision on Project plan applications shall be made by City Council, upon notice to residents of property located within 500 feet of the Project plan property, in accordance with established Courtesy Notice procedures. (e) Comprehensive Plan Consistency Comprehensive Plan Consistency evaluations shall be conducted by the Planning and Development Department, and the Director of Planning and Development shall make an administrative deterniination of consistency in accordance with Section E. Should 14 the Director make a determination that requires referral to City Council for further consideration due to Comprehensive Plan inconsistency, the City Council shall decide by simple majority whether to allow the development application to be accepted for filing and/or continue the review process as regularly scheduled, or whether to initiate a rezoning of the subject property determined to be inconsistent. Decision on application. The City Council shall determine whether to approve, approve conditionally or deny the development application based upon its decision on the zoning plan or project plan in accordance with the standards in these interim development regulations and pursuant to the discretion vested in it by state law and city charter. Project timing at The property owner may elect to reserve portions of the property for future nonresidential development for development approval after the adoption of the City's Development Code. Such tracts shall be clearly indicated on the zoning plan. bo The City Council may modify or condition zoning plan approval on the reservation of portions of the proposed development until the City has adopted the Development Code that implements the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. bo The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably eon, Iud, that the imposition of the nonresidential development standards deprives the applicant of a vested property fight or deprives the applicant of the economically viable use of his land. Co In deciding whether to grant relief to the applicant, the City Council shall take into eousideration the following: whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of pei-nianent 15 revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. d. The City Council may take the following actions: (1) deny the relief request; (2) grant the relief request; or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section. 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right. Section II. Environmentally Sensitive Areas Map. The Environmentally Sensitive Areas Map, attached hereto to Exhibit A, is hereby incorporated into this ordinance, and shall be used to evaluate development applications as stipulated in all references to Environmentally Sensitive Areas. 16 Section IlL Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. Section IV. Recission of Moratorium Ordinance 99-474, adopted by the City Council on December 14, 1999, Ordinance 2000- 017, adopted by City Council on January 4, 2000, and Ordinance 2000-065, adopted by City Council on February 15, 2000, shall be rescinded and repealed on the effective date of this ordinance, except as follows: The moratorium shall be extended beyond the original expiration date and shall continue for all pending development applications which are subject to the Comprehensive Plan consistency requirements as provided in Section E.b. The moratorium for such development applications shall continue until such time as the requirements of Section E are satisfied. Section V. Effective Date. This ordinance shall become effective upon the date of its passage and approval. Section VI. Savings Clause. Save and except provisions hereby amended or superseded, all remaining sections, sentences and paragraphs of the Code of ordinances of the City of Denton shall remain in full force and effect. PASSED AND APPROVED this the day of March, 2000. ATTEST: JENNIFER WALTERS, CITY SECRETARY JACK MILLER, MAYOR BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: 17 LEGEND nsC/ty of Denton ETd portation ~'~./' Railroads /~x/Airport "Rails-to-Trails '/,:/ Environmentally SensRive Areas Shady Shores CITY OF DENTON - INTERIM MAP ENVIRONMENTALLY SENSITIVE AREAS WETLANDS, STREAM BUFFERS, FLOODPLAIN, & TREE CANOPY City of Denton 215 E. McKinney Denton, Texas 76201 (940) 349-8230 JANUARY-2000 AGENDA INFORMATION SHEET Agenda Item_ Date ..... AGENDA DATE: DEPARTMENT: CM/DCM/ACM: March 2, 2000 Planning & Development Dave Hill, 349-8314 SUBJECT Consider and take action on the following request for relief from the provisions of Ordinance 99-474, establishing a moratorium to apply to certain specified development applications: a. Kerestine property, northwest comer of Woodrow Lane and Morse Street - 12.6_+ acres zoned LI. BACKGROUND Ordinance 99-474 (Exhibit A) was adopted by City Council on December 14th, 1999. This ordinance specifies certain types of general retail, and commercial development applications that are subject to moratoria intended to temporarily postpone application review and processing until interim standards are adopted. Ordinances 99-474 (Section 3) also contains provisions that allow applicants to request moratorium relief, and contains the following evaluation criteria to be used by Council: (a) whether granting relief from the moratorium jeopardizes the City's best interests in implementing Comprehensive Plan consistency criteria; (b) the suitability of the proposed commercial uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site; (c) the impact of the proposed commercial use on the transportation and other public facilities systems affected by the development; (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood; (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the Comprehensive Plan consistency criteria; (f) the total expenditures made in connection with the proposed commercial development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (g) any fees reasonably paid in connection with the proposed use; (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request of relief, subject to conditions consistent with the evaluation criteria set forth in the moratorium ordinances (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the request for relief should be based on the merits of each individual application. A separate Council vote should be made for each petition. ESTIMATED PROJECT SCHEDULE If moratorium relief is granted for a petitioner, processing of the development application will resume as per established procedures and legal requirements. If moratorium relief is not granted, processing of the application will be delayed until the moratoria are lit~ed. PRIOR ACTION/REVIEW Four petitions were reviewed on February 22, 2000, including aportion of this property. The petitions requesting moratoria relief heard by Council included: a. Oaktree Plaza - approved b. Lillian Miller Parkway at Southridge Boulevard - approved c. Wind Jammer, LTD., Lakes of Sundown Ranch (Unicorn Lake) - approved d. Kerestine property - approved Four petitions were reviewed on February 15, 2000. The petitions requesting moratoria relief heard by Council included: e. 1504 - 08 N. Elm Street - approved f. 1513 N. Locust Street - approved g. 2225 E. McKinney Street - approved h. 215 First Street- approved Four petitions were reviewed on February 1, 2000. The petitions requesting moratoria relief heard by Council included: a. Ryan Road, west of Teasley - not heard due to adoption of the Interim Residential Regulations b. Ace Business Park - not heard due to there being no motion to reconsider c. Payne Storage Lockers - approved d. Aston Dallas Residential - not heard due to adoption of the Interim Residential Regulations Six petitions were reviewed on January 4th, 2000. The petitions requesting moratoria relief heard by Council included: Kwik Industries - approved Children's Lighthouse Learning Center -approved Denton Independent School District projects - exempt under Ord. # 2000-071 (1, 2, & 3) Denton Cancer Center - approved go Shadow Brook Place - approved Meztler's Addition - approved Five petitions were reviewed on January 11th, 2000. The petitions requesting moratoria relief heard by Council included: ao Business Park on Teasley - approved Lakeview Ranch - approved Center Place - not approved Silver Dome and Cooper Creek - not approved Ace Business Park - not approved Four petitions were reviewed on January 18', 2000. The petitions requesting moratoriareliefheard by Council included: ao Ryan Road, west of Teasley - continued PD-1 - not approved Rudy's Bar-B-Q - approved Robson Ranch - approved FISCAL INFORMATION The petitions are being processed and brought to City Council using existing staff resources. Several petitions claim financial harm, an issue that may be evaluated by City Council. ATTACHMENTS 1. Kerestine property staff report. Respectfully submitted: Douglas Si Powell, AICP Planning & Development Director WAIVER REQUEST STAFF REPORT ATTACHMENT 1 Sub|ect: Woodrow Lane at Morse Street Staff: Larry Reichhart BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Submit preliminary and final plats. Northwest corner of Woodrow Lane and Morse Street. (see Enclosure 1 ) Light Industrial (LI),(see Enclosure 2) Approximately 12.6 The property is not platted. The Comprehensive Plan identifies this property to be within the "Employment Center District. This area is intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would require the submission and approval of a project plan prior to development. CONCLUSION: If the moratorium relief request is granted the applicant will be able to begin the platting process by submitting a preliminary and final plat applications. If the moratorium relief request is not an application will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Waiver Request Woodrow Lane at Morse Street ENCLOSURE 1 NORTH LOCATION MAP Scale: None ENCLOSURE 2 Woodrow Lane at Morse Street NORTH VV LI SITE ZONING MAP Scale: None 15:24 94048479~2 FR~IER CONNEROIAL ENCLOSURE 3 PAGE 02 February 9, 2000 Carl Young, Sr. Council Member, District O,e City of Denton. Texa~ Dear Mr. Young, I am ~'riting thi~ letter to you in hopes that it ~'JJ.l shed SOme light on ,~'hat the moratorium is' doing to some of the residents of Denton, Texa~. I am a member of the 'h;,r~l-wo,.king family that is losing $5000.00 a month" that Mr. Co]villa spoke about at the meeting las~ night. I hav~ lived in Denton, Texa~ for 40 year~. My family has lb,ed in Denton for five generations. M~' father purchased a piece o[ property.- on the COmer of Woodro~, l.,ne and Morse Street 1~ years ago. He had been trying to sell it for eight years when he was cliagnosed with cancer (December. 1996). At the time. he ~a* operating a printing company which he had owned and operated in Denton for 27 years. The company was located on the propem,.. My father passed awa~ at the age of 57 on June 22, 1997. My ,,,other, Jackie McCom~ick, was an English teacher at Denton and Ryan High School fo~ 30 years. If you happen to visit tile school, you ,'ill see that the library has been named in her honor.. O- her fixed income, sheuras unable to keep the business going and afford the tax~s on the property. She was forced to take an offer that ~ts much less than the appraised price (at the time the land appraised for $900,000.00). She had signed a contract for $400,000.00 wit'h Jack Bell, a local developer. She took the offer to pay off debts that my father had accrued in a bad business deal which forced him into bankruptq. She decided that it wa~ better to pay all of the creditors off -- even if &e would end up ~'ith no profit f~om the land deal. The clo,ing date for the ~ale was Sep'rember 15, 1998. On Anau~-~ 20. 1998 my mother had a carotic] axte,~, by-pas~ aa a preventative measure to prevent a possible ,troke in th~ fi~ture. The surgery ra~ unsuccessful resultina in hemorrhage that caused her death on A~gu,t 26, 1998 at the age of 58. As you can tell, I, as ~¢11 as the rest of m:r family, was forced ~o cope with the loss of both parents within 14 months time. Not only did I ha~ the stress Of buq, ing my mother, taking care of her · affairs, trying to ea;e my children's pain, and teach chilch:¢n all clay, the September closin~ date was eancded, -The buyer saicl the'City wouldn'~ cooperate with him, which ~ the loop-hole in contract He then, knowin~ how desperate we would be, offered $200,000. f0~ the property. We co*zldn't take that amount, a~ it wouldn't pay off all of my paxents debts. We l~ut the property ]~ack on the market. Thirteen month~ later we received a contract from W~iam Col,'-ille. The contract p~iee would enable all debts, taxes, and the original note to be paid off. This con~racq v~a ~igned in December. Then the moratoxqum was i~;ued. We are now i6 a state of hrnl, o. Tile original closing date wa~ set for December 17, 1999. After the moratorium · 02/.1.5/2008 ].$: 24 9404847952 FRA-.ZTER O0~,~,IE:RCIAL PAC.~ 83' imposed, thc date was moved to Match 1, 2000. No~- the date h~s be~n moved To m~e matters wor~e, if ,hat's poss~le, ~ cannot afford to keep the pvope~y. The mon~ly ~,,en~ on ~, p~ope~ is $17~.00. Current t~es, p~.due t~es, p~n~ties accseC, interest, original n~e, etc. ~e co~ing us aPpx. oximately $~000.00 per month~ ~ you can see, we ~a~']~, t~mend~s am~nt of money since my Parent's deaths; ~ ~e mora~H~ is ca~g ~ more ]oas. The oagi~ note-holde~ h~ begun foreclo~u~ procee&~s. If we ~ not ~le to close ~e pro~e~ ~it~ 45-60 ~ys, ~e ~ lO~e the p~pe~. Not only ~ we lose ~e pr~er~, ~e c~dl, ors (~any of which ~e Denton residents) w~ ~so lose ~he~ money. W~ ~ ~ b~ held respons~h lot the bi~s wMch exceed $3~,000.00. We have ~eagy ~en* ~ousan~ t~ng to keep up ~th the cost of maint~n~-g the propex~.. I ~each school in ~gyl~ and my lmsband works P~erbfl~. We also have four ch~dren. In o,her word~, we don't make *he money that i~ needed ,o keep ~e prope~. Please comidet ~his v-hen making your decision regardfixg the moratoxium. It's not o~y the developers and ted estate agent~ that ax~ losing money. We ~re about to lose Something that my patents invested h~ for thei~ a~d ou~ fizture. We have ha~ a long, ha~d tl~ree yeazv. We need to put a closure to the tragedy 'that has fallen upon u~. Please lif~ the moratorium and let the builders ptoceed. We don't h~ve several months to walt this out -- our time is up. Sincerely, CherYl Kexestine 201 Solar Way Denton, Texas 76207 940 382 6901 ·marl ekevestlnet~esel!.net O£ ducango@iglobal.net P.S. 1 will be happy to meet with any council member of plan~g and zon;ng member if neet]ed. CC.' council members Mayor of D~aton AGENDA DATE: DEPARTMENT: CM/DCM/ACM: AGENDA INFORMATION SHEET March 2nd, 2000 Planning & Development Department Dave Hill, 349-8314 Agenda No. Agenda Item Data SUBJECT Consider and take action on a request for relief from the Non-Residential Interim Regulations, Ordinance 2000-069, for: a. Kerestine property, northwest comer of Woodrow Lane and Morse Street - 12.6+ acres zoned LI. BACKGROUND Fraiser Commercial Real Estate has applied in writing for relief from the Nonresidential Interim Regulations (see Attachment 1). Background information regarding the current status of this case is provided in Attachment 2. Ordinance 2000-069, known as the Nonresidential Interim Regulations, is anticipated to be adopted by City Council on March 2na, 2000. This ordinance contains standards with which nonresidential development projects must comply until the Code Rewrite project is completed and permanent standards are adopted. Ordinance 2000-069 also contains a separate section that allows applicants to request relief from the interim regulations, including evaluation criteria to be used by Council: 5. Relief requests The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing. The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application. The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the nonresidential development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land. In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following: (1) whether granting relief from the nonresidential standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects; (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning distri~t~ on property adjacent to thc proposed site; (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development; (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties; (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code; (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project; (7) any fees reasonably paid in connection with the proposed use; and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant. The City Council may take the following actions: (1) (2) (3) 6. Minimum reiief. deny the relief request; grant the relief request; or grant the relief request subject to conditions consistent with the criteria set forth in this section. Any relief granted by the City Council shall be the minimum deviation fi'om ordinance requirements necessary to prevent deprivation of a vested property right. OPTIONS Council may either: 1. Deny the request for relief, or 2. Grant the request for relief, or 3. Grant the request for relief, subject to conditions consistent with the evaluation criteria set forth in the ordinance (and referenced above). RECOMMENDATION Staff recommends that the decision of whether or not to grant the requests for relief should be based on the merits of each individual application. ESTIMATED PROJECT SCHEDULE If the relief is granted the applicant will proceed with the submittal of a preliminary and final platting process. If the relief is not granted the applicant will be required to submit a Project Plan as identified in Ordinance No. 2000-069. PRIOR ACTION/REVIEW Council has not reviewed any requests for relief from Non-Residential Ordinance. FISCAL INFORMATION The petitions are being processed and brought to Council using existing staff resources. Several of the petitions claim f'mancial harm, an issue that may be evaluated by Council. ATTACHMENTS 1. Staff report Respectfully submitted: ~ VowS, ~acP Director of Planning & Development RELIEF REQUEST STAFF REPORT ATTACHMENT 1 Subject: Woodrow Lane at Morse Street Staff: Doug Powell BACKGROUND: Request for Relief to: Location: Zoning: Acreage: Platting: Comp Plan Consistency: Additional Information: Submit preliminary and final plats. Northwest corner of Woodrow Lane and Morse Street. (see Enclosure 1 ) Light Industrial (LI),(see Enclosure 2) Approximately 12.6 The property is not platted. The Comprehensive Plan identifies this property to be within the "Employment Center District. This area is intended to provide locations for a variety of workplaces, including limited light manufacturing uses, research and development activities, corporate facilities, offices, and institutions. A portion of the property is located in the flood plain and identified on the Environmentally Sensitive Areas (ESA) map. POTENTIAL AFFECT OF INTERIM REGULATIONS: As currently drafted, this application would require the submission and approval of a project plan prior to development. The development of the property would require that the ESA be preserved to the fullest extent possible. CONCLUSION: If the relief request is granted the applicant will be able to begin the platting process by submitting a preliminary and final plat applications. If the relief request is not an application will not be processed until the moratorium is rescinded or expires. ENCLOSURES: 1. Location Map 2. Zoning Map 3. Relief Request Woodrow Lane at Morse Street ENCLOSURE 1 NORTH LOCATION MAP Scale: None e ENCLOSURE 2 Woodrow Lane at Morse Street NORTH VV LI SITE ZONING MAP Scale: None 82/24/-9888 15: 4~ 9~0484795-9 [~CIaL ENCLOSURE 3 F~bruary 24, 2000 Frazter I COMA4ERCIAL R~al ~$tat~ P~GE 8_0 l~yor Jack Miller City Coumil RE: Relief from the Interim Non-resideatinl Dtwelopment Standards for 12+ acres ~ at the NWC of Wooarow Lane and Mor~ Strut Dear Mayor and Com~il M~nber$; On behalf of tig Al McCormick Estate, Ien~' McConrdck Executer, (~urrem '~hm~er") and Bill Colville (poamtial "Purchaser'3 this letmr shall ~e~ve as fore,al request for th~ above referenced property, to be granted tel/el from the Intedm Non-residential Dc~lopm¢~ Standards, so as to allow the Purcha.qer to move forward with platth~g the property under the re~l~!ol~ that were in ~ prior to ~he moratorium. It is our belief that ~tis request is justified based ou the "Relief Criteria" outlined in the Intern Ord~mnc~ as outlined below: 1, Granting this relief will have no negative effect on the City, the property is in an ara currently developed in a ligh~ industrial mann~, the subject property is zomd light indasulal and the Purchaser plmm to develop this property for light industrial uses. In fact this relief would, in our opinion have a positive efl%~t c~ the area due to the purchaser's 2. The subject area bas suitable uansportation with Woodrow and Morse str,~___s being able ~o .ccommoda~ d~dopngnt ortho sit~ for a light indusUial type use. 3. TIg Purchas~ plans to work with FEMA on the flood plain that afters the si~e (approx, 40.50% of the site) to reclaim as much usable land as possible, This reclaiming pmcc~ will not affect the $ig in its currgnt state due lo the fact that the fl__nod_ plain fill was done years ago. For years, this site ~s ~ used by the City for dumping clean fill Therefore thc Purchaser wants only to reclaim thg arza that has be~n filled to & level abov~ ~ elovation. The Purchaser is currcntly ovahafing the topo of ~i~ si~ and is wiHin~ to consider donating all hugi tlmt is bglow the flood elevation to the City. Please see that this request is placed on the first possible City Council agenda a~ time is of Frazier Commercial Real Estate attachmellt 1740 Westminster Street · Denton, Tex~s 76205 · 940-566-0404 * Fax: 940-484-7952 82/24/2888 15:4D HANDOUT TO COUNCIL 3/2~00 Amendment Options For the Interim Nonresidential Ordinance Prepared for Planning & Zoning Commission and City Council Review March 2nd, 2000 The following amendment options have been prepared in response to comments and suggestions received by staff from Council Members since the February 22na City Council work session. AMENDMENT A Amend Section A.3. by adding a new Section A.3.b., to read: b. any property located within the Central Business District. AMENDMENT B Amend Section B to read: Environmentally Sensitive Areas (ESAs) means an area that is shown on the City of Denton Environmentally Sensitive Areas Map. The ESA map includes floodway, floodplain fringe, riparian area, wetlands, ponds, lakes, rivers, and upland wooded habitat areas. AMENDMENT C Amend Section C.2.b. (2) to read: (2) Environmentally Sensitive Areas (ESAs) shall be preserved to the fullest extent possible, and shall be integrated with the design of the project. The zoning plan shall identify all ESAs contained within the development and the methods undertaken to preserve the ESAs. For mixed use projects, the nonresidential areas shall be clearly differentiated from residential areas in addressing the method of preserving ESAs. In designing nonresidential projects to preserve ESAs, the following rules apply: (a) An ESA may be integrated with buffer yards and other open space features on the site and such areas may be included in calculating minimum landscaping requirements for the project; (b) The intensity of use for the nonresidential development may be increased on developable areas outside the ESA up to the estimated floor-to-area ratio achievable for the type of use proposed under the City's zoning regulations currently applicable to the property; (c) Areas within the flood fringe used to provide parking areas for the nonresidential development must provide pervious paving materials. AMENDMENT D Amend Section D. 1., by inserting after the fourth sentence the following: If a Zoning Plan contains several parcels that the property owner intends to develop in a similar manner with similar design characteristics, Council shall review and approve the first Project Plan, and may specify the conditions under which subsequent Project Plan approvals may be approved by the Director of Planning & Development. AMENDMENT E Amend Section D.2.a. (3) to read: (3) Architecture - The nonresidential project shall employ an architectural design that is compatible with the physical dimensions and features of the subject property and with adjacent land uses, based on the following factors: (a) All buildings and structures comprising the project should have an integrated design; (b) Buildings generally shall be oriented toward the street, and major entranceways should face the street; (c) Building scale, including the height and bulk of structures, should be internally consistent and should be similar to the scale of adjacent nonresidential structures, if any; (d) (e) (f) (g) Mechanical equipment and storage areas shall be screened from the street and from adjacent residential land; Facades should incorporate windows, jogs, offsets or similar features to provide visual diversity; Roofs, alcoves, porticos or awnings should be used where feasible to protect pedestrians from the effects of climate; and Building materials should be internally consistent and compatible with the character of the area in which the project is located. AMENDMENT F Amend Section E. 1.a., third sentence, to read: Upon making a finding of inconsistency, the Director shall place the application on the next available City Council agenda, whereupon the City Council shall determine if a rezoning petition, for a use more consistent with the comprehensive plan, will be initiated on behalf of the City. Amend Section E. 1.b., sixth sentence, to read: The City Council shall then determine if a rezoning petition, for a use more consistent with the comprehensive plan, will be initiated on behalf of the City. [Optional language added is shown in underlined italics] AMENDMENT G Amend Section IV. to read: Ordinance 99-474, adopted by the City Council on December 14, 1999, Ordinance 2000-017 adopted by City Council on January 4, 2000, and Ordinance 2000-065, adopted by City Council on February 15, 2000, shall be rescinded and repealed on the effective date of this ordinance.