Loading...
HomeMy WebLinkAboutOctober 30, 2001 Agenda AGENDA CITY OF DENTON CH Y COUNCIL October 30 2001 The (~lty of Denton C~ty Council wall hold an Informational Briefing Session on Wednesday October 30 2001 at 4 00 p m in the Council Work Session Room at City Hall ,~!l_5j E MeKanney Street Denton Texas at whmh the following ~tem wall be COI~I~gTI~I 1 Receive a report hold a discussion and give staff direction regarding the draft Development Code 2 The City Council reserves the right to adjourn into a Closed Meeting on any item on its Open Me.rig agenda consistent with Chapter 551 of the Texas Government Code CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the C~ty of Denton Texas on the day of 2001 at o eloek(a m) (p m) CITY SECRETARY NOTE THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS 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 1N ADVANCE OF THE SCHEDULED MEETING PLEASE CALL THE CITY SECRETARY S OFFICE AT 3~9 8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1 800 RELAY TX SO THAT A SIGN LANGUAGE INTERPRETER CANIBE SCHEDULED THROUGH THE CITY SECRFTARY S OFFICE AGENDA INFORMATION SHEET AGENDA DATE DEPARTMENT CM]DCM/ACM October 30 2001 Planning & Development Dave Hdl, 349 8314 Receive a repor~ hold a d~seusslon and love staffdm~tton regarding the dra~ Development Code At the Crty Council work sessmn of September 19 2001 staffwas instructed to set up a series or work sessions to chseuss the outstanding polly msues related to the Development Code The eight remammg ~s~ues are all included on tbe agenda although there wall hkely not be enough ttme at the first me~mg to rezone all of the ~saues Th~ intent ~s to provide one agenda for all of the work sessions that wdl be updated as noeessary Tlus will allow Councd to d~cuss any ~ssue at any tune and vail prowde the Council vath a hst of the work remaining to be done Staff suggests ~hat the topics he The e~,ht ~ues that have been demrfuxl are dtscussed below and pohcy questtons are hsted to foster chscuss~on 1 ~"~gn~Lg / I~ARING FORMAT / NOTICE OF PUBLIC HEARING Q Should a City Council/Planning & Zoning Cornmts~ion joint public hearing be held? A schedule approved by Councd was ctrculated on October 18 2001 (Attachment The Legal Department has suggested that a ~omt C~y Council / Planning & Zomng Corom~s~on pubhc hearing be held To conduct the joint hearing and to allow sufficient tune for response to pubhc comments staff has dra~ed an alternattve schedule (Attachment #2) C~'y Council must by ordinance set a joint pubhc hearing of the Planning and Zoning Co,,,n,l~sion and th~ Clty Counetl, and m at the same tune allowed to set the pubhe h~qn8 notification reqturement [Local Oovernment Code 211 007 Co) and (d)] Local Governn'en~ Code Section 211 007(d) states 'The governing body of a home rule munlc~dity may by a ~ third~ vote prescribe the O~pe of notwe to be glv~n of the time and place of a public hear~g held jointly by the governing body and the ~oning comml~n This ~em needs to be rcaolved on October 30t~ to allow staffthe tnno to prepare for the pubhc hearing Should all property owners be notO~d of the upcomlng public hearing? If so, should the mailed notice be speckle or generahzed? The final pubhe hearing wtll reqmre a not~ce to be pubhshed m tho newspaper A totaled notw~ ~s not legally reqmred The tssue of mmlmg out mthv~dual nottces prior to ho!6m~ a pubhe hmmng has been daseussed The abflay to tailor mthvdual notices for each property would cause s~fleant sebedule delays but a generah~ed nottce can be sent The cost for r0m!m~ out a generahzed notice to all current property owners would be approximately $12000 If mallad the notices should be sent at least 10 days prior to the meeting being held Attacl-a'uem #3 shows a draft ora potentml noUce 2 ~NViRONMENTALLY SgNSlT1Vlg ARgAS (ESA8] Q Sko~d~e~ ~ ~iu~p~v~D~for "Upl~dHab~ Y Q Sho~ the ~ ~g~ ~ ~pi~ to the ET J? A~m ~ ~d~ a ~ ~ of ~ ~s mvolv~ ~ Up~ H~t ~ a ~go~ of En~o~ly Se~ve ~ ~e fl~dp~m ~t~ ESA ~s ~ve ~ ~lv~ ~ ~ ~ ~r ~ew ot~r ~ appian of t~ ~ to the c~ s ~~ j~ct~n 3 Skotdd the date of April 7, 199# be used to determine which PDs should not be retorted? Attachrr~nt #5 proxades a ~mroary hst of the Planned Developments (PD) that have been approved to date In prevtous chscuastons the date ofAp~ 7 1998 (adoption of the D~ton Plan Pohc~es) has been put forward to define whteh PDs should not be rezoned The hst provides staff analys~a of those PDs approved aider tlus date that should n~t be rezon~d 4 ZONING BOARD OF AIMUSTM~NT [ZBA'~ DUTIES / RESPONSIBILITIES Skouid the development code appeals processes Involve the Planning & Zoning Cononission and City Council (~tker than the Zoning Board of Adjustrnent) to the ~ent allowed by law? Staff beheves that th~ msue ~denttfied by the Chamber of Commerce has been resolved To the extent allowed by law appeals that can be heard by the Planning and Zoning Cornnma~on and Council will be changed as requested In addmon, Attachment g6 proxadas a summary of the duties and respons~bfltt~as of the ZBA as requested by Counctl The staffcontmues to work on hm~tmg the rtems that are d~reeted to the ZBA to those mandated by state law 2 ~LANNING & ~ONING COMMI~IION RECOMMENDATIONS Does the Council mint to addre~ the outstanding Planning and Zoning Commission recommendations that are not reflected in the draft code? A summary of Planning and Zoning Cona~asslon recommendations was provided previously to Councd although ~t was not clear how many of the recommendations were ~.,?lemented Attachment #7 ~s a revlaed table now provides a summary of the lames ralaed by the Planning ~ Zoning Commlsalon that have not been included into the current drat~ Tim gem la hstod for mformatmnal purposes tn response to a Councd request MULTi F.aMII,y CONCENTRATIONS Q Skould a threshold be established In the code thatplaces a cap on the number of multi family dwellings allowed within a single development project? Q If so, should there be a provision that allows applicants to exceed the multi-family "cap~ through Planning & Zoning Commission and City Council review and approval? Staff wilt provide further mformat~on to Councd tn the next week and will be prepared to address th~a msne during the November 7°a work session 7 MAI, PING ISSUES. INCLUDING DOWNTOWN / FT. WORTH DRIVg AREAS Should the zoning map r~isions made to the Downtown area remain as drqfled? Should the toning map revisions contemplated for the Iq[ Worth Drive area, bat never added to the dr~fl toning map, be reflected In the flnal draJt? How should Council resolve the Issue of indlvulual zoning map revIsion requests? Staff wtll he m attendance at the next mvetmg of the Ft Worth Drive netghborhood assoemtlon The meeting wdl be held on Thursday November 1st at 3 00 pm at the Center Mobtl¢ Home Park Commumty Center The results of that meeting wdl be brought back to Counetl on Wednesday November 7th Staff ~s continuing to work to resolve the outstandtng mapping tssues And will evemually propose a strategy to avo~ red.dual review of numerous mdrv~dual n~p revmon requests As mstructad by Coun~ mapping ulaues wall be held as the last dmeussion top~c peeflmg resolutmn of the regulatory lasues hsted previously 3 CODE ADOPTION DOCUMENTS The Development Code process cons~s of several pge, es that wtll need to be adopted separately as follows Development Code Zonin~ Code A Zomn~ Map ESAs / MF Concentrations / PD s / I B ESA Map Ordinance ZBA Duues / Downtown & Ft C Specml Dmrtct Maps Worth Drive Mapping ( ry st ere ) 2 Subdlvtsmn Regulatmns Ordinance None Comprehensave Plan 3 Future Zoning Map Resolution None None amendments to be made only Future Land Use Map Ordinance to ensure consmtency between 4 ~s Denton Plan and Development Code Transportation Mobility Plan 5 LoCalplan Street Connecttvgy Construction Standards & S ] Cmem Manu~!~ A Water / Wastewater 6 B Dramage C Transportation D S~te Design E Apphcatlon Ordinance tecfficat~ons Resolution None to he adopted as new component of Mob:hty Plan None Cay Council ~s not scheduled to take formal acUon on the draft Code Ihscussion on the following topxcs would enable staffto help the project move forward I (3~ve direction regarding the policy issues 2 Chve chrcction to address any addmonal nsues 3 Discuss ex20ecta~ons regarding the draft Code review and adoption schedule 4 ~ECOMMENDATION Staff recomme~ls that Council prowde dL~eetlon regarding the issues outlined so that the final drag of the code can be prepared Staff intends to mmantze the amount of tn-ne devoted to presentations and techmcal questions to allow Council Members to use the work sessions to dehhemte and determine proper pohcy du'ectlon To th~s end Cotmefl Members are encouraged to meet wah staff m advance additional reformation ~s needed ]~STIMATED PROJECT SCHEDULE The project schedule ~s detmled m Attachment #1 An alternative schedule has also been drafted to reflect the poss~blhty of holding a joint meeting wah the Plunmng and Zoning Cmmmssion (Attachment #2) Several paroels have been annexed or am m the process of annexatmn that will not be affected by the adoption of the Development Code These parceh will have to be zoned properly using a separate process that m~ts state procedural reqmrements PRIOR ACTION/REVIEW To date over 122 offieufl meetings have been hem to dlS~Bss the Development Code FISCAL INFORMATION The drat~ Development Code ~s intended to set the regulatory framework for tmplementation of the comprehensive plan (the Denton Plan) The unpact of the lnterma Res~dentml and Nonres~dent~ Development Regulations has m the oplmon of staff retarded tax base growth for the last year particularly with respect to nonresldentufl development The draR Code ~s intended to reduce the rezonmg review eases heard by the Planning & Zomng Comnnsslon and City Council and will also elmunate alrnost all site plan review actnattes conducted by the Council These obj~tlVe5 should make the development re,aew process more prechetable and eons~ent and should shorten the rewew process consuterably for most projects The rise, al impact of the draft Code anticipated to regulate development for the next 20 to 25 years will be very s~fieant If development proposals are consistent with the Denton Plan the ~ ,mpact on developers should be posmve due to decreased re,new tlll~ and proj~'t admm~a'~lI1Oll cost8 The dnffi Code will also have posmve effects on the commumty s econormc health and quahty of hfe both of wtueh are important conmderatmns contained m the Denton Plan The abthty to protect emaronmentally senmtive areas espeeuflly floodplains will have a very posmve nv_pact on drainage and water quahty costs prod by property owners The creation of land use zoning class~ficatmns that are consistent to Denton Plan recommendat~)ns wtll allow better coordination of transportation and utilities infrastructure systems and other sermces such as pohce fire emergency medical serwees hbranes parks and schools 5 1 Development Code Schedule as of 2 Attema'~lve Dewlopmem Code Sc2 3 DraR ofPubhc Heanng Notre 4 Envtronmentslly Sensitive Areas s~ 5 Plnnn~ Development L~ 6 ZBA Duties and Responslb~htaes 7 Outstanding Planmng & Zomng Ce October 18 2001 ~dule mmary armss~on Recommendations Respectfully submmed Douglas S Powell AICP Du'ector of Planning and Development 6 Attachment 1 Mo I Sund- )EVELOPMENT CODE REVIEW & ADOPTION SCHEDULE aa of October 18, 2001 II Mond,v I T,___--,~__ I~ W~vl Thur~,v I 7 Attachment I~EVISED DEVELOPMENT CODE REVIEW & ADOPTION 8(~HEDULE fief CouncJI Review on Ootobet 30, 2001 Mo I Pub~o * IF NECE~ARY 8 Attachment 3 C~y Council Pubhc Heanng OFFICI~L NOTICE OF pUBLIC HEARING - REZONINO D~q~TON CITY C0U~C~L 6 00pm C~ty Co~mgl~ Chambers D0n~m C~y Hall 215 E McK~nnov De~m. Tox0s 76201 The City Cooncil of the City of Dent~ will hold a pubhc heanng regarding the adoption of the Denina Developmont Code The Denton Development Code represents the ~npl~nentat~on phase of the comprehanslve planmng process The now code updatos and replaces the ex~s~m8 zonmfl and subdlws~on ordinances ~ within the tm'rem city !lml~ of Dentoa will be rezoned as part of this procan Pregerti~ wifl be rezoned from their eneront daftgnation to a comparable dmi~natinn within the new zonin~ ordinance The bom,darice of the new zoning districts will follow el~ely to the land use categories in the adapted 1999- 2020 Denton Comprehemive Land Use Plan Joint Pubhc Hea~ng w~h Planning and Zoning Comn~sslon OFFICIAL NOTICE OF JOINT PUBLIC HEARING - REZONING DENTON CITy COUNCIL DENTON PLANNING & ZONING COMMISSION DECEMBER 4~, 2001 6 00pm CW/co~mgfl Chambers Denton C~v Hall 215 E M~K[nney Dento~ Texas 76201 The City Council and Planning & Zoomg Commissioo of the Ctty of Denton will hold a joint pubhc hearing regarding the adopt]on of the Denton i~velopm~nt Code The Dent~ Development Code represents the imple~antatlo~ pha~e of the comprehanmve planmng process The new code up4hte~ and replaces the ex]sting zoning and sulxllvmion ordman~e~ ~ within the aurrent city llmile of Deninn will be rezoned ns part ofth pro~em~ Properties will be rezoned from their current d~e~nah to a comparable designation within the new z(mlng ordinance The boundaries of the new zonh~ dlstricU wm follow closely to the land me categories in the edop~d 1999- 2020 Denton Comprehensive Land Use Pinn [ [ 9 Attachment 4 Que~on Should the ESA regulations include prows~ons for Upland Habitat ? Following this cover page m a presentation on the hmtory and development of the ESA regulabons This presentation addresses why uplands as well as the other ESA attnbutas are ~ncluded as environmentally sensitive -,reae The City of Denton must comply with many federal and state laws and regulations These ~nclude Stormwater Phase II Regulations the Clean A~r Act and related SB 5 requirements of the Texas Legislature FEMA regulations and the Corp~ of Engineers Nat~onwi~de Permit 26 These requirements evolved as a resuR of senous concerns about health and safety ~seues Comphance w~th these regulations ~s not simply mandatory but also necessary and expensive Mmnte~n~ng as much of the Eastern Cross Timbers habitat as ~s possible mgnfflcantly reduces our comptmnce costs both ~n terms of avoided Infrastructure costs and costs related to pollubon abatement (Please note the example outlined in the CltyGreen porbon of the presentation This example provides dollar amounts saved ~n terms of infrastructure (associated development costs) water and mr qual~ treatment (costs the City is responmble for) and energy and water conservation (homeowner savings) ) Counc41 has expressed concem regarding the talqngs challenges raised by the Chamber of Commerce Dotty Pelumbo has addressed thru concern ~n the attached memo Her research ~ndicetes that the Development Code as It mwntten w~th respect to Uplands HabRat satmfles any takings concems In add~on to th~s ~nformabon I have In~uded the Project Summary for the Un~vera~y of Arkansas study of the Eastern Cross Timbers region I Inctude th~s ~nformat~on to emphasize the unKlue - and extremely rare - aspect of th~a habitat Trees within thru hab~at are very old the oldest known oak exceeding 400 years These ere not trees one easily or quickly replaces Once removed the habitat would require centunes to meateblleh If you have ~any questions please do not hesitate to contact Juice Smith at 349 8505 IO MEMORANDUM TO FROM SUBJECT DATE Honorable Mayor and Members of the City Council Dorothy G Palumbo Assistant City Attorney Enwronmentally Senmt~ve Areas and Takangs October 23 2001 CONFID~NTIALITY NOTE This letter or memorandum and any accompanying enclosures are intended as attorney/chent communication between the undersigned attorneys and the City of Denton through its duly authorized constituents The addressees and noted copy recipients, acting within thetr offictal capacities on behalf of the City of Denton are the only intended recipients You are requested to neither divulge the contents of this letter or memorandum to any other person or entity whether within or without the organization nor to use this mformat~on lot personal benefit FACTS The City of Denton s Comprehensive Plan SecUon 14 Envu:omnental Management ldent~fie$ four areas of envaronmental management ecosystems au: water and sod An mtenm map tdenUfymg envu:onmentally sensitive areas has been adopted by the mty The proposed code includes a Chapter addressing environmentally senslUve areas (ESAs) that ldenUfies various lands and their constraints to bmldmg and land d~sturbtng act~wtles The lands are undeveloped floodplmns riparian areas water habitat areas and upland habitat areas In these areas density may be trarmferred on a one to one basis out of unbmldable areas (areas that contam undeveloped floodplmns riparian areas water habitat areas and upland habitat areas) to bmldsble areas on the same site A set of ESA standards has been developed If a developer subrmts a site plan Much comphes vath the ESA standards the s~te plan is adrmmstratlvely approved An Alternative Plan process ts prowded tfa developer cannot meet the standards The Alternative Plan m submitted to the Planmng and Zoning Commission for their recommendalaon The C~ty Council has the dmcretlon to vary the standards and approve the Alternative plan on a case by case ba~ls ISSUE Does the BSA Chapter as rewritten satisfy takang concerns) SHORT ANSWI~R Yes The ESA Chaptex includes standards to develop through an adnumst~'at~ve approval process The developer can vary the standards by subrmttmg an Alternative Plan approved by the City Council If the Alternative Plan ts demed a court would deternune as a matter of law whether a taking occurred If the tatang occurred ajury will decide 11 Honorable Mayor and Members of the City Council October 23 2001 Page 2 whether the developer lost all of bas development backed expectations In order to prevml the developer will have to prove a severe eeonomtc impact LEGAL I~4EASON~[NG A developer may clama that the ESA Chapter constitutes a taking of property Tl:ns type of challenge ~s known a.s a regulatory taking tn wbach the regulation restricts the use or development of the property so slgntficantly that it may amount to a takang but tn wfuch there is no actual transfer of value to the government i For example if a local government totally probab~ts development on an otherwise developable piece of property because it is concerned about possible future flooding of the property the owner s rights have been slgmficantly restricted but there is no transfer of value to the local government Whether a regulatory talong has occurred will mvolve a simple analysis of whether value remains in the property after the government action A taking occurs when the owner has been called upon to sacrifice all economm uses2 Whether the ordinance unreasonably interferes wtth the owners night to use and enjoy the property takes into conslderataon the economic impact of the regulatmn A comparison of the value taken is made with the value that remmns The extent In Lumm v South Carolina Coastal Council 505 US 1003 (1992) the US Supreme Court held that regulauons ~nym8 a landowner all eeonormcally benefimal or productive use of land coustxtote one of the chscrete categories of regulatory depnvanous that require compemanon without [the usual] case specific mquu-y unto the juslafieanun for the governmental aenon In essence Luaus creates a categorical nde for a specffic s~toat~on ha the rare case that a total talong occurs the Court prescnbas a heightened scrutiny to be applied because of the severe econunuc ump~t of the land use regulalaon The total ta.kmg rule ts an exceptmn to the general rule that legmlattve determmatmus in tlua area are entatled to juthcml deference The new role does not apply however tf the regulatton prohab~ts ~-m. wty that would prewously have qualffied as a nm~ance or was otherwtas r~tncted under local property laws ~ Luaus paul $975 000 for two res~dentaal lot~ on a South Carohna burner ~sland intending to buzld single famdy homes In 1988 however the South Carohna Log~slatore enacted the Beachfrunt Management Act whach had the dtrect effect of barring pelataoner from erecting any permanent habitable stmctores on has two pamels Luaus filed stat m the South Ce.rolm Court of Common Pleas contending that although the Beachfront Management Act ts a lawful exercme of South Carolina s pohce power ~ts ban on constmcUon effectuated a tahng of Ins property without just compensat~un The state mai court agreed £mdmg that the ban deprived Luaus of any reasonable econormc use of the lots The court concluded that Luaus s prope~as had been taken by operatmn of the Act and entered an award exceeding $1 2 rmlhon ha reversing the Supreme Court of South Carolina held that lacking evidence challenging the los~lamre s basis for enacting the statute the court behaved ~taslf bound to accept the legislature s uncontested f'mdmgs that new coma'ucC, on m the coastal zone threatened a valuable pubhc resource Fha court nded that the case ~s brought w~than that line of dectsmns allowmg regulaUon without compensataon to prevent harmhalornoxloususos ofpropertyslmalartopubhcnutsances TheUS Supreme Court remanded the case to the South Carolina Supreme Court m a 6 3 majority opmlun setting forth a new mqmry to be apphed m cases revolving a rogulatmn that deprtves the landowner of all econormcally wable use of property The Court emphasized that total depnvat~un of benefietal use ~s from the landowner s pount of wew the eqmvalent of a physical appropnal~on Furthermore such a regulatmu presents a heightened risk that private property is beung pressed rote some form ofpubhc servtce under the gmse of tint,gating serious pubhc harm The U S Supreme Court chd not speclflcally exphare what factors justafy a finding of a total taking The rnajonty op~mun appears to accept the loss of all viable productave econonuc uses as a total taking even though Luaus conttnued to have certain valuable property nght~ mehadmg the right to exclude others lrom entering the property and the enjoyment and use nghts un the undeveloped property The reasonable expectatmm for use of the property by Mr Luaus revolved construcnon of residences The econonuc value of the property based on those expectations was totally elmmaated Honorable Mayor and Members of the City Council October 23 2001 Page 3 of the interference with tnvestment backed expectattons examines the extstmg and permitted uses as the primary expectatton taking into eons~deranon lustoncaI uses~ Here the development as a whole w~I1 be taken into constderation Whether a takung has occurred will need to be decided on a case by case basts For example suppose 50% of an acre ts wtthin the ESA The underlymg zoning dtstnct allows 3 restdential untts per acre The three umts can sttI1 be bmlt but on the 50% of the lot which ts not withtn the ESA If the developer challenged the regulation a court would decxde whether a talang has occurred A jury would determine the econonmc tmpact The economtc tmpact of the regulatmn would have to be severe ~n order for the developer to recover In tins case the developer can bmld the same number of umts A court will probably not find that a taking has occurred However suppose the developer has 10 acres to develop and 8 acres are tdentffied tn the enwmmuentally sens~Uve area zone so that the developer has only 2 acres to develop The ESA Chapter would allow 30 umts to be developed on 2 acres Th~s may be nnposslble and m thts case the developer may be able to show a severe econormc loss The developer would be reqmred to submit an Altemattve Plan to bmld wuthm the ESA and the Council would have the (hscretmn to vary the ESA prowsmns The City may dec,de to approve the Alternative Plan as subrmtted or offer incentives to dnum~sh a takings clanu The Envtronmentally Sensitive Areas Chapter includes a hst of tncent~ves to reduce a tahngs challenge (See 35 14 I2) CONCLI~ISION, The ESA Chapter promdes a procedure that acts as a safety valve to allow the Ctty a prebmmary look at any takings clanu Therefore the ESA Chapter on tts face ts not a taking As apphed the ESA Chapter may result m a taking on a case by case basts cc Dorothy Pal~Lmbo Machael A Conduff Ctty Manager Dave Hill Assistant Clty Manager Doug Powell Director of Planning & Development ~ Palazzolo v Rhode Island 533 U S 121 S Ct 2448 (2001) is the most recent demsmn by the Umted btates Supreme Court on the takings ~ssue Th~s case revolved an reverse condemnaUon acUon asserting that the State s wetlands re~gulauons as apphed by the council were a taking Landowner s claim was ripe because he was not required to subrmt further futile apphcattona when ~t was clear that the counctl would not pernut any construction of the marsh land area Landowner s tahng alarm was not barred by the fact that he took legal Utle aRer the wetland s regulanom became effeauve however Landowner had not been deprived of all economically benefimal use ofh~s property because $200 000 of development value remained m an upland parcel of tho properly ~ , Ht4tory of ESAs I rlqT researchers formatted ecolc ~, flittings to rise ~ ,, *H~s, tory of ESAs 15 2 16 3 17 4 18 5 6 19 20 7 21 8 22 9 23 10 24 11 25 12 ESA Development Implements the 1999 26 13 I ~ t ~loodplatns (Benefits of,protoctmg floodplains 27 14 28 15 ~d Floodplatn 29 16 Under, eloped Floodplatn Proposed Undev~el~ped Floodplain - Examples of Pe~imtted Uses & Pervious pp4H~E lots Parks 30 17 Undeve~lol~ed Floodplains (Drainage < 1 sq 31 18 , ~atfr~elated Habttat A{k~s, des~gned ~for Wetland tree and 32 19 33 20 - Upto including hut not limited to gardens which buffeh, 34 21 of Habitat 35 22 Upland Habttat ~ Hablta~ shp 36 23 Thank You! ,~ ~ 37 24 Amae~ Cro~ Tmabe~ Proje~ h~p//www uark oda/rm~bor/~amm~y him! The Ancient Cross T mbers ProJect Summary Ftgure 1 The potentml natural d~stnbutlon of the Cross Timbers forest type along the e~stern margin of the southern Great Plmns Th~s map was dtgmzed fi.om Kuchler (A W Kuchlor 1964 Potential Natural Veg~amon of the Cotermmoua Umtod States American Geographical Society Spemal Pubhcat~on 36) and only includes Kuchler s type 75 ( Cross Ttmbers Quercus Andropogon) whmh covers an estimated 30 526 square miles (7 909 700 hectares) The Cross Timbers on level softs have been largely cleared for culUvatlon or ~razmg However extensive field experience suggests that 500 square miles of ancient Cross T~mbers may survive tn a fragmenta~ pattern on steep temun in Oklahoma alone The destrucaon of ancient forests is not confined to the comfer forests of the Pacffic Northwest or to the p~oneer lustory of the eastern Umted States Large tracts of ancient deciduous forest still grace the lulls of eastern Oklahoma, but they continue to be destroyed for grazing land, chip mills, and suburban development These interesting woodlands are dominated by centuries old post oak (Quercus steilata) and are part of the Cross Timbers ecosystem The Cross Timbers are a complex mosaic of upland forest, savanna, and glade wluch form the broad ecotone between the eastern decnduous forests and the grasslands of the southern Great Plains The presetflement Cross Timbers are beheved to have covered some 30,526 square miles (7,909,700 hectares), extending from central Texas across Oklahoma into southeastern Kansas (Figure 1) The short, stout oaks of the Cross Timbers were not ~deal for lumber production, so the original Cross Timbers have often surxqved on steep terrain that was unsmtable for farming Literally thousands of ancient post oak can stall be found m eastern Oklahoma, and there m no doubt that the Cross Timbers ~s one of the least d~sturbed forest types left m the eastern United States Most pubhc and private land managers do not reahze that ancient forests survive extensively across the rugged terram of eastern Oklahoma, but m their defense, the Cross Timbers do not sat~fy the stereotype for ancient forests, which remsma fixated on gmat redwoods or massive hardwoods The Cross T~mbers are drought-stressed woodlands, populated by low stature, slow growing trees, many of wluch predate not only Oklahoma statehood, but also the bn'th of the Umted States Thousands of 200- to 400 year old post oak surxqve in the Cross Tnnbers, and red cedar (Jumperns vlrknmana) trees over 500-years old have also been found on fire-orotected 1 of 5 10/16/01 2 46 PM 38 Am~m Cro~ TmOoo~ Pro, eot http//www uark edu/rm~hOamb~/summa~ html F~gure 2 This map illustrates the location of ancient post oak forests actually documented vath core samples by the Umverslty of Arkansas Tree Rang Laboratory Th~s map certainly does not represent all of the ancient Cross T~mbers that survave but ~s stllef~(~lent to document their presence throughout the ecosystem Ftgure 3 Th~s ~s the oldest post oak tree ever found It is only some 20 feet tall but careful tree nng analys~s mdwates that ~t ~s over 400 years old F~gure 4 A typical view of the ancient Cross T~mbers vegetation type The post oak trees shown here average only 15 in diameter and 30 tall but are m the 200 to 300 yo~r age class (proven non destruettvely w~th ~ncrement cores) Due to the small stature and slow erowth rate of bluffimes Our failure to understand the ancient Cross Timbers ts contrlbutmg to the ongomg destruction and fragmentation winch ts a major threat to the viability of thts ecosystem and to the biodlversaty, water quality, and recreational values ~t supports The Ancient Cross Timbers Project (ACT) has been estabhshed to promote understandmg and appreclataon of tins interesting and authentac American woodland The principal long range goals ofth,n project are 1 ) to locate and map the specific tracts of anaent Cross Timbers winch still survive, 2 ) to ~dent~fy the pubhc, corporate, and private landowners of these ancient forest remnants, 3 ) to develop an effective, yet flexable and owner friendly management plan desngned to maintain key resources and ecololocal processes of the ancient Cross T~mbers, even when the physical development of the woodlands may be desired, and 4 ) to facilitate the cooperative management of the ancient Cross Tnnbers landscape among the diverse landowners who may be interested in the continued vlablhty of fins ecosystem Our immediate goal ts to locate precisely where the ancient Cross T~mbers sur~ve m the fragmented landscape of eastern Oklahoma, Texas, and Kansas The Umvers~ty of Arkansas Tree-Rmg Laboratory has been conductmg research m the Cross Ttmbers for 20 years, and we have already located many ancient forests ~n Kansas, Oklahoma, and Texas (mcludmg the related pest oak belts of southcentral Texas, see map m Figure 2) In fact, ~t ts surprtsmgly s~mple to locate an ancient forest remnant m the Cross Timbers These upland deciduous woodlands are almost exclns~vely found on sandy sods, so when coarse-textured sods are stall wooded and located on steep rocky terrain within the Cross Timbers zone, the chances are qmte good that anaent post oak wdl be found Using just fins sort of a s~mple "predictive model," we systematically surveyed a huge region of 2 of 5 39 10/16/01 2 46 PM Ancm~t Cro~ T~mbor PmJ~t http//www uark edu/nuac~nambor/~amrmu~ html the dominant post oak trees most of the Cross T~mbers are not stated for commercial sawlog production Consequently the Cross TTmbers remains one &the least d~sturbed forest ecosystems m the eastern Umtod State~ However land cl~armg suburban development and the increased productaon of wood ch~p mills threaten even these marginal slow growing woodlands Cross Timbers ~n southern Osage County, Oklahoma (w~th landowner consent), and found some 35 square males of outstanding ancient Cross Timbers, includmg several individual tracts over one square male m sue None of the ancient forests located m Osage County were prewously known Our next objective will be to systematically survey a large s~x-county reloon of eastcentral Oklahoma (Haskell, Hughes, Mclntosh, Muskogee, Okmulgee, and Pittsburgh Counties) usmg sods, topographic and remote seusmg data, and GIS technology (Geograpluc Information Systems) We have targeted eastcentrai Oklahoma because of the lugh rebel and rocky terram and because we have already located many large tracts of ancient Cross Timbers durmg prehmmary field surveys of the area F~gure 5 An ancient eastern red cedar growng on a sandstone bluffhne w~thm the Cross T~mbers This tree ~s apprommately 300 years old Note the heavy crooked hmbs and dead branches which are often indicative &old growth conifers Ancmnt red c~dar over 500 years old have been documented m the Cross T~mbers which contains the largest and least dmturbed stands of eastern red cedar known to still ernst In the eastern Umted States The Cross Timbers is by far the most extensive forest cover type m the state of Oklahoma, but to the best of our knowledge there is not one single pubhc park, forest, or preserve devoted to the protection or mtorpretation of the ancient Cross T~mbers Recogmtion and protection of the Cross Timbers ecosystem in Texas and Kansas ts not much better (the Ft Worth Nature Center has an outstanding tratl rote a small remnant of old-growth Cross Timbers) Fortunately, there are many corporate and individual landowners m Oklahoma w~th a strong conservation etluc and a wdhn~qless to help maintain the essential functions of th~s ecosystem There are also numerous state and federal properaes m the ancient Cross Tnnbers A long range cooperative plan for the sustainable management of the ancient Cross T~mbers is urgently needed to motivate and orgamze these diverse pubhc and private interests If you would hke to assist the Ancient Cross Timbers Project, help locate ancient Cross T~mber woodlands, become an owner/cooperator (free of any 3 of 5 10/16/01 2 46 PM 40 An~a~t Cro~ Ttmb~a Preset http//www uark ~lu/m~a~nb~/ummary html Figure 6 Undisturbed savannas have legal obligation), or ~f you have ideas regarding the become extremely rare m the eastern cooperative management of the ancient Cross Umted States but are still relatively Timbers, please contact us at common vnthm tho mosaic of xtimber(~cavern uark. edu closed canopy forest open savanna and glade that constitutes the ancient Cross Timbers The open grown savanna tree shown here is approximately 180 years old Figure 7 One of the many small glades dominated by prairie grasses that punctuate the vegetation mosaic of the Cross Timbers These grassy openings are so common that we think it is justified to suggest that the largest amount of unplowed ungrazed and largely undisturbed glade grassland that still exists in the eastern United States can be found within the anoiant Cross Timbers The rugged terrain typw. al of many ancient Cross Timber remnants eroatea m~croanwronments that promote a surprising degroo of' d~versl~/In these authentic and endangered ecosystems F~gure 8 Green development? Most &the ancient Cross Timbers are 4 of 5 10/16/01 2 46 PM 41 Ane4e~ Cmos T~mbors 1~ ht~p//www tmfl~ oflu/nns~/x~mb r/ummory hlml privately owned and the integrity of these ecosystem remnants vail depend largely on the environmental ethics and civic mlndedness of the owners But we see both economic and environmental opportunities in the future of the ancient Cross Timbers and this photograph helps illustrate one example This is a photograph of a new subdivision under development in the hills above the excellent new U S Army Corps of Ensmeers reservoir of Sklatook Lake north of Tulsa Oklahoma Ancient Cross T~mbers still grace many &the Mis in the wewshed of the lake This particular subd~wslon samply bulldozed and burned the ancient post oak that were present and will replace them with new homes bermuda grass lawns and hybrid pear trees Sales are currently quite slow We re certain that the developer was not aware that he destroyed an ancient forest vath 200 to 400 year old post oak trees and many other interesting plants and animals As an alternative to this conventional development future builders ,n the ancient Cross Tlmbors might consider a more green design with a minimum footprint cleared for road home and yard and a two story sia-ucture vath elevated deck to take advantage of the magnificent v~ew over the top of a canopy of virgin 20 to 30 tall post oak and beyond to the lovely lake and stunning Oklahoma skies In fact many buyers might well prefer a piece of the low maintenance well adapted ancient forest rather than the thirsty and exotic bermuda grass lawn People might even pay more for the privilege of an ecologically friendly place to live Return to Ancient Cross Timber Home 10/16/01 2 46 PM 5 of 5 42 Anm t C ~ Drnber~ Project http//www u~rk edu/ml~c/xtlmb=r/h~ t y html Historical Descmpt ons of the Ancient Cross T mbers Irving Wastungton 1886 A Tour of the Prames John B Alden New York "The ( ross Timber is about forty miles in breadth and stretches over a rough country of rolling hills, covered with scattered ti acts of post oak and black lack, with some intervening valleys, which at proper seasons, would afford good pasturage It is very much cut up by deep rawnes, which in the rainy seasons, are the beds of temporary streams, tributary to the main rivers, and these are called "branches" The whole tract may present a pleasant aspect m the fresh time of the year, when the ground is covered with herbage, when the trees are m their green lear, and the glens are enlivened by running streams Untortunately, we entered too late in the season the herbage was parched, the toliage of the scrubby forest was withered, the whole woodland prospect, as far as the eye could reach, had a brown and arid hue The fires made on the prairies by the Indian hunters, had trequently penetrated these forest, sweeping in light transient flames along the dry grass, scorching and calcining tht lower t~qgs and branches of the trees, and leaving them black and hard, so as to tear the flesh of man and horse that had to scramble thi ough them 1 shall not easily forget the mortal toil and vexations of the flesh and spirit, that we underwent occasionally, in our wanderings through the Cross Timber It was like struggling through forests of cast iron "pp 78 79 de Pourtales 1832 On The Western Tour With Washlneton Irmng. The Journal and Letters of Count de Pourmles ed G F Spauldmg University of Oklahoma Press Norman OK "We spent the morning in one of the most beautiful stretches of forest that I have ever seen There were magnificent, sparsely scattered trees and twenty varieties of chmbmg plants, some bright green and others delicately shaped and turned red by the frost I he entire wood seems to burst with the many colors of autumn The ground was covered with thick waves of horse bean plants, forming an impenetrable, tangled carpet lifted up but not pierced by the underbrush Nearby flowed thc wide, malestlc, red Arkansas, with its steep, wooded, rocky bank on om side and its wide, sandy beach, caused by the spring floods, on thc other side "Beyond this tertile riverbank stretched rocky hills, furrowed by almost dry mountain torrents and covered with yellowed grass in which, here and there, grtw stunted oaks From thc top ot the rocks could be seen the meandering turns ot thc Arkansas, the long sinuous valley at the bottom of which snaked the bloody Red Fork, rockn and woods which stretched to infinity, and the yellowish line of the eternal and majestic prairies "pp 51 53 Gregg, Josla 1844 Commerce of the Prairies (The 1844 Edition Unabridged ) Ethted by Hanna Arc.bald and Goetzman Phfl~delphm and New York J B Llppmcott Co 1962 43 Ancient Crosa T mberB Project http//www ua£k edu/mtao/xt~mber/h~st y html "The Cross Timbers vary in width from five to thirty five miles and entirely cut off the communication betwixt the interior praises and those of the Great Plains They may be considered as the 'fringe' of the great pra~nes, being a continuous brushy strip composed ot various kinds oi undergrowth, such as black jacks, post oaks, and ~n some places h~ckory, elm, otc, intermixed w~th a very diminutive dwarf oak, called by the hunters 'shin-oak ' Most of the timber appears to be kept small by thc continual inroads of thc 'burning prairies,' for, being kdlcd almost annually, at is constantly replaced by scions ot undergrowth, so that it becomes more and more dense every reproduction In some places, however, the oaks are of conside~ able s~zc, and able to withstand the conflagrations Thc underwood ns so matted in many places w~th grapevines, green brmrs, etc, as to lo1 m almost ~mpenetrable ' roughs,' which serve as hiding-places for wild beasts, as well as wild indians, and would, in savage warfare, prove almost as torm~dable as the hammocks of Florida "p 283 Costello David F ~ 1969 Crowell Co New York "Origanally the prmrie grew beneath the oaks as an understory Grazing has s~nce reduced the grasses and allowed an undergrowth ot shrubs The tall grasses are stdl present and grow luxurlently in some woodlands as well as in the praane openings The area ~s of geological anterest since the existence of the cross timbers as largely traceable to "beaches" left by the retreat of the sea an Cretaceous times The beaches were alternately sandy and clayey and these today arc characterized by savanna or forest, and grassland, respectively The combination of grassland and woodland, wath ars many miles of grassland t~mber border, and the added ~nfluente of streams and rivers crossing the vegetation bands, prowdes a remarkable variety ot habitats tor plant spee~es and animal lite hardly excelled anywhere an the mid-continent prairie" Agnew Brad 1975 Dodge Leavenworth Exp~dation of 1834 The Chromcles of Oklahoma 53 "I he next day the regiment entered the Cross timbers, a natural border seperatang the Plains indians from the eastern tribes which was described as a great thacket "composed ot nettles and briars so thickly matted together-as almost to torbid passage "p 385 Wright Munal H 1961 Civil War Report on the Battle of Round Mountain The Chromcles of Oklahoma 39 "The Cross Pimbers and the Arkansas l~ver formed the natural Western boundry for the Creeks and the Cherokees before the Cawl War, even though their land tlaams extended tar West beyond these barriers" p 365 Ste~n H F and R F Hill 1993 The Culture of Oklahoma University of Oklahoma Press Norman 2 of 3 10/16/01 3 58 PM Ancient Cross T~mbers Pro, eot http//www uark du/rmsc/xt~mbor/h~story html "At about the location ot the state capital complex m Oklahoma ( ~ty, porus sandstone begins to dominate the surface of central Oklahoma, signifying the edge of the Cross ~1 lmbers forest belt, best described as a dense thicket of dwarf oak which sprawls across the red hills of central Oklahoma from Kansas to Texas Dominated by blacklack and postoak in the uplands, valleys have gl oves of taller oaks-red, black, and white plus groves pecan, hickory, and walnut trees of considerable height (Oklahoma Board of Agriculture 1959) In Summer, the Cross Timbers form a verdant, dark green blanket against the terrous red soil, the stereotypical Oklahoma landscape pined tor by Woody Guthne when he sang ot "those Oklahoma hills where I was born "Thc soils vary trom highly erodible sand to clays that resemble brick m color and consistency This large area of central and Eastern Oklahoma was farmed for a few years after statehood but the soils failed and the region largely returned to scrub oak or grazing land Many of the early oil fields of the state were in the Cross Timbers, supporting boomtowns for the first halt ot the century and leaving a legacy of environmental disruption in some areas The topography of the Cross ~! imbers is gently rolling except for a number of distinct north-south ridges, cuestas of tilted sedementary rocks, which parallel each other into Kansas Fhese ridges maintain a suggestion ot angularity simller to that of the western mesas, although they are covered by dense oak forest ! imestone appears m the Osage Hills and continues across northeastern Oklahoma, rising into thc Ozark Plateau, which is bounded by the rugged ( ookson Hills at Its southern margin Thc Ozark country, with its clear streams, and thickly torested hills, continues into Missourie and Arkansas Following the straight edge of the Kansas border five hundred miles across northern Oklahoma leads from a distinctly eastern forest environment in the Ozarks to a distinctly western landscape o! arid, high mesas in the area where Oklahoma, Colorada, and New Mexico meet" Return to Ancient Cross Ttmber Home Page 45 3 of 3 10/16/01 3 58 PM Attachment 5 PLANNED DEVeLOPMeNTS (PD's) THAT WOULD NOT BE REZONED The PD s hated below have e~cber been approved a.ewr Aprd 7 1998 and incorporate the pohc~es ldenttfied m the Denton Plan Pohmes or have sufficient dctads and cond~twns negotmted m the approval of the PD to ensure coraplum~ ~ the Denton Plan Status Legend Inactive Under Co~structwn In Process No subnusmons (Detaded Plan or Plats) since last date of approval ConstrueUon aeUwty currently tak~ place on tl~ property Prehrmnary and/or Final Plats are being rewewed or have been approved Unicorn Lake Srmth Tract / Km~ Ridge North Pomte The Pre~ervo Hunter l~anch Business and Industrial Park The Vmta~ Hdc, rest Cente~ / Outlet Mall Whe~ gadge Wheeler Rid~e~ Robson Ranch Country ~ Wheeler Padge The Pre~rve, Section A 3 Prominence Square 09/03/1974 11/03/1998 Inactwe 01/04/2000 In Process Under 09/02/1986 4/4/00 Construction Under 11/1671999 05/01/01 Construction 03/05/1991 Inactive 09/07/1999 09/05/99 In Proc~s 07/1671991 12/08/93 lnacOve 11/02/1999 6/20/00 Inactive 08/03/1999 6/20/00 Inactive Under 08/03/1999 Cons~xuctlon 06/15/1999 In Process 10/05/1999 6/20/00 Inactive 9/26/2000 9/26/2000 In Process 11/7/2000 [nac~ve 7/31/2001 lnactwe PLANNgD DEVELOPMENTS (PD'S) THAT WOULD BE REZONgD The PD s listed below are proposed to be rezoned as part oftbe city w~de rezomng assoemted vath the adoption of the Development Code The proposed zoning categories vail proxade the same (or b!gher) level of land use currently lde~!Oed m the PD and requu'e site design rexaew at the staff level Planned Developments that are already developed axe not included In ti'us hst Those PD s will also be re'zoned to correspond with the exaatmg land use W Umv~r~tty SW Corner of Bonme Brae and US 380 North of Mmgo Rd N of US 77 E of Windsor Mulkey l,at~nnor~ & Audra S of IH 35E by State School Rd LiIlum Miller and FM 2181 Cooper Creek Rd and Mmgo Rd W corner Loop 288 and Audra Ln NE corner of IH 35 Loop 288 Forman Wfllumasburg Square Loop 288 and E McKmney E side of Mayhdl Rd O~slmg and Fmhtrap Rd E side of Lcop 288 316 Fram~ St Mockingbird Ln and W of Lcop 288 E s~te of Stuart N of Hercu!~ SW corner of US 377 & Collms St NW corner of Audra and Lammore St E side of Maaeh Branch Rd Rd& Masch SW cornar of Bonnie Brae & Pa}ne Dr E & W su~s of Ldhan Miller E side of Sherman Dr & gangs Row SW corner of Ryan Rd and Teasley Ln W of& abutting Loop 288 & Audra Ln 10/18/1988 12/17/96 Inactive 01 / 14/1969 06/01/00 Inactive 0/09/1969 lnacttve 07/21/1991 07/21/91 Inactwe 02/15/2000 02/15/00 Inactive 03/23/1999 03/23/99 Inactwe 01/~22/1991 lnactwe 04/11/1995 04/I I/95 Inactive 12/09/1986 lnactive 11/01/I 988 Inactive Under 01/12/1982 03/02/99 Construction 07/07/1992 10/05/99 lnactwe 03/19/1985 02/03/98 Inactive 06/21/1983 07/29/83 Inactive 03/13/1984 Inactive 04/01/1984 04/01/88 Inactive 04/17/1984 lnacUve 05/22/1984 05/22/84 Inactive 07/03/1984 12/12/84 Inactive 06/19/1984 Inactive 09/04/1984 lnactwe 10/02/1984 Inactive 10/02/I 984 Inactive 10/16/I 984 Inactive 12/21 / 1993 06/16/98 Inactive 03/04/1986 09/02/97 Inactive 04/02/1985 09/19/96 lnacUve 04/01 / 1986 Inactive 47 S of US 380 m the wcmty of Cindy Ln 97 04/02/1985 Inactive S side of FM 426 98 08/16/1994 Inactive N and E of Edwm'ds Rd 99 01/21/1986 Inactive N of Robinson Rd & E of Lakewood Estates 100 08/20/1985 Inactive N of Pa~ge Rd and E of Mayhdl Rd 102 08/20/1985 Inactive SE corner of FM 1515 & Underwood Rd 107 03/18/1986 Inact~ve Under Oakmont 111 05/19/1998 03/07/00 Construction NE of IH 35 and Payne Dr 113 05/06/1986 lnact~ve Mayhlll RdN of IH 35 116 01/21/1986 Inactive S SH 377 118 01/04/1994 Inactive NE corner of SH 380 and Old North Rd 119 04/I 1/1995 lnacttve S stde ofE McKumey 3 mdes E of Lcop 121 09/22/1986 Inactive 288 N s~de ofFM 1173 W of IH 35 Service Rd 123 10/07/1986 Inactive NE corner of Kings Row and Loop 288 124 10/20/I 987 01/04/1994 lnact~ve W of Locust N of Hercule~ 125 03/21/1989 lnactive Along Trinity Blvd 126 09/04/1990 lnacttve NW corner of Audra Ln and Mockingbird 127 12/17/1986 lnact;ve Ln Stuart at Windsor 129 10/15/1987 Inactive McKmney ~ Mayhlll 130 10/20/1987 Inactive SW Corner of Welch and Fannm St 133 08/03/1989 10/03/89 Inactive E of Malone St and South of US 380 135 04/03/1990 Inactive SW comer US 77 & Rmey Rd 136 01/08/1991 Inactive W Pm~rto 160 10/15/1996 Inactive Under Ryan Ranch 169 03/23/1999 02/24/00 Construction E of Ruddell approx 70 S of Latt~more St 171 06/15/1999 06/15/99 Inactive Lakevu~v Ranch 179 4/4/2000 Inactive 1207 & 1209 May Street 184 5/16/2000 5/16/2000 lnactive Stuart & Loop 288 (Beaver Creek) 186 6/20/2000 In Process Andra Oaks 192 1/2/2001 1/2/2001 lnact~ve Teasley Tract 194 1/9/2001 Inactive Sherman Shell 197 5/1/2001 5/5/2001 Inactive Parks of Old North 198 7/17/2001 7/17/2001 Inactive Hmkle Addmon (DHA) 199 7/31/2001 Inactive 48 Attachment 6 BOARD OF ADJUSTMENT the ZOn~ Board of Adjustmont (ZBA) ts a seven member board appointed by C~ty Council The board ts a quasi judicial body not recom~t~vndmg body such as the Plmlmog and Zoning Commission All items before the board are final aeUons and do not continue on to Cra/ Courted Appeal of decisions ts to thc D~nct Court AUTHORITY The authority to create the ZBA ts provded for under State Law S~cUon 211 008 of the Local Government Code A board ts actually mandated for cities that have zoning codes Thc ZBA rs establmhed by C~y Charter and the ex~tmg duties oxd procedures are descnhcd tn thc Zomng Code The draR D~velopment Code addresses th~ ZBA In two mare places 1) Suhchapter 4 Procedures and 2) Subchapter 19 Boards Cor~-atssions .M Corramttecs The duties and procedures of the ZBA are detailed m Subehapter 4 The orgamzauon of thc board ts cont~Jned m Suhchapter 19 VOTING An affirmative vote of % of thc board m reqmred to grant any vananco appeal spectal excoptlon or dec~mon regarding a nonconforming use Ttus means that 6 of the 7 members must vote ~f less than s~x members are present the board exmnot render an affirmative decision For flus reason the Board has 3 alternates that take place of permanent members who are absem MEETINGS The meeting schedule for the ZBA ts once a month usually the third Monday of each month In keeping w~th the quasi judicial nature of the bo~l all ~terns are noticed as pubhc hcarm~ Legal notrficaUon m requn~d for all ~tems · Written nottficatmn · Property owners wttlun 200 f~ct · Property addresses wahm 500 feet Sign posted 10 days prior to th~ meeting · Newspaper ad publmhed not less than 11 days prior to the meeting TYPES OF CASES The ZBA ts anthormxt to act on four types ofapphcaUons 1 Zoning Variances 2 Speeml Exceptions 3 Appeals ofa staff'mterpretat~on 4 Nonconforming structures VARIANCES A variance ts a devmt~on to the adopted regulauons contained tn the Zoning Ordinance A variance may not be contrary to the Pubhc Interest and can not chanse the overall intent of thc Zomng Ordmanco grant specml favors to on~ property owner over another thc ts inconsistent wruh the Zoning Ordinance Examples ofv~ include · Setback dmtances · Height huntaUons · pltrk,ng requu-emeuts · S~gu requn-ernants 49 VARIANCE C~g, RI A A varumce can be granted only ffthe ZBA finds that all of the following five cntem are met 1 Must be m harmony w~h the sp~t and purpose of the Subd~wston Regulations and Zoning Ordman~ estabh~l~l by City Conned 2 There must be a umque common relating to land or building 3 Varmace intuit not be detrimental publ~ welfare 4 Varmnee taunt be necessary for re~onable use of the land 5 Variance must not reheve a ~elf created hardgh~p and cannot be granted for fumncufl reason only The narrowness of the criteria makes it hard for most variance requests to meet a strict appheatmn of these standards SPECIAL EXCEPTIONS The eyastmg Zoning Code allows for Specml Exceptions the authonzatmn to do something upon showing of Specified facts However although the Zoning Code gives the board tl~ power there are currently no Specml Exceptmns m the regulattons The Development Code uses the Spocml Exceptton prowston to address non confommag uses and budchngs outhned tn Suhehapter 20 APPEAL OF INTERPRETATION As defined under state law an appeal by any p~son aggrieved by the decision of ¢~ staff can bc appealed to the ZBA The appeal must be to a decision relative to the enforcement of the Zoning Ordinance and r~nt be made wltlun 15 days after decision has been rendered by city staff The board may reverse, ~ffhm or re, od~ the decmon ofc~y staff NONCONFORMING USg8 AND STRUCTURES The ZBA lma the following powers related to nonconfornung uses and structures · Callse tho ar~ortlzatlOn arid termination of nongortforl~m~ Ilses · Consider the change of a nonconforming use to another nonconforming use · Consgier the replacemenI renovation remodchng or repatr to a nonconforming structure · Restore a nonconfornung use that has been destroyed or ¢ons~dea~d to be abandoned 50 Attachment 7 Outstanding Pla,ning & Zoning Commission Recommendations $~',o,'~ # ' '~i~,-l',on ~ Al ~;,,T,,,~ In Draft Code PKZ C~,~.~:;~'.-~.:-, ~ S 1 2 Multi family Permitted with SUP Not Permitted Rum~ DwelJlngs Commemla ~523 NR General Densltyat 1 5DU/AC(prevlousJy20 1 5 DU/AC 2 Regulations DU/AC) 3~ S 2 1 Multi family Permitted NRMU Dwellings 3~ S 3 2 Professional Permitted with L 13 NCMU Sen/ices & Offices Permitted with revised L 6 Wholesale Not Permitted permitted with L 18 Permitted with SUP & L 36 J3~$42 DC G Nursmles 3~ ~ 6 2 Retail Sales & Permitted with L 13 Permitted with L 17 RCR 1 Se~ces ~ S 6 2 Retail Sales & Perm~Hed with SUP Permitted with L 17 ~CR 2 Services ~ $ 6 2 Professional Permitted w~th SUP Permitted with L 15 RCR 2 Sen/ices & Offices 3~ $ ? 2 Theaters Permitted wlth L t4 Permitted ECl ~89E Accessory No more than two accessory Delete this language and rely on lot structures per lot are permitted In coverage percentage In Sub Chapter any zone which may not total 355 more that 25% of the area of the pnnclpal structure on the lot Buildings and Structures ~ 8 12A Landscaping and Irrigation 9 GENERAL 3~112 Location of Sexually Oriented Businesses All properties shall Install automahc Irrigation systems The systems shall be designed and installed based upon the requirements set forth in the Landscape Criteria Manual Individual single family homes are not reClulred The Director may waive the irrigation system requirement If a landscaping plan Is approved that includes drought tolerant plants er a xeriscape design The location regulations of this Chapter are enacted pursuant to the authotlty of Chapter 211 of the Local Government Code All other provisions of this article are enacted pursuant to the City s police power and the autho~ty of Adlcle XI Section 5 of the Texas Constitution Wording is discrimlnatOn/ Specri~: and defined criteria should be included in paragraph Change from Director s approval to Development Review Committee {DRC) approval Add provision for rental properties enforcing I~fe safety standards established by the state Consider not making this part of the Development Code but a separate ordinance/pohcy Remove the language referencing Chapter 211 of the Local Government Code Specifically list what sob s are not allowed Rewse Sub chapter 35 5 Zoning Dlstnct and Limitations to allow sob s only in the Industrial Center General as a specific use permit Section # ~ecflon ~ As wdlten in ~ Code P&Z Commls~on Recommm~d~l~n 3~ 12 2 D Application Any subdivision of land that Any subdiwsion of land that contains contains more than 10 lots ar mae than 10 lots o~ covers more than covers mOm than 2 acres or 2 acres or contains ~ contains attached single family attached single family units ~ units or creates lots of ............................. less than 10 000 square feet fee~ Note Site design standards should apply to all SF lots discriminatory to smaller lot owners lot has no ~ssue with design of structure Director should not be the designee Subchapl~ 14 GENERAL 3~ 14 Develop A bonus five percent ~ncrease in for approvals - An Environmental Committee should be fo~med to replace director as the designee for approvals ossoctated w~th this chapter The Environmental Committee should give City Council an annual update on the need for and the effectiveness of ESA s Environmental Committee should be made up of the Planning Director Environmental Compliance Manger and other staff Add The city of Denton shall have first 14 C 6 ment Incentive Standards 3~ 21 12 3 As Built Drawings denslty and/or floor area ratio within the net buildable s~te area when the environmentally sensitive areas are dedicated outright to the City of Denton A bonus ten percent Increase in density and/or the floor area raho within the net buiJdabte site area when no disturbance of any envtronmentc~ly sensitive area is pianned w[th~n the oyeraJJ development even those alJowed within this Chapter and when the environmentally sensdtve areas are dedicated outnght to the City of Denton After the construchon has been completed and pnor to acceptance of the fac~hhes by the City of Denton the construction plans should be modified to reflect as built conditions and be submitted to the city Q~3tlon on the environmentally ~er~lflve are~3s for out~aht dedication and may [~Ju~e dedlcahon ~n lieu of ~e land Qwner olacmna the lands in a ~te ~ nu~lc ~st. canseNatlon eamt, ~ Jhrouah o~h~ arofective mechanisms Make the CtN of Denton last ~n the list of options The text should be changed to the construction plans should be modified to reflect ~ ~palneerlna Department As Built conditions and be submitted to the city 52