HomeMy WebLinkAboutNovember 13, 2001 Agenda q,~orl0a No .~ .......
AGENDA
' ' L
CITY O~ DENTON CITY CibUNCI
November 13, 2001
After detemming that a quorum is present ~d convemng in ~ Open Meeung, the C~ty Co~cll
will convene m a Closed Meeting of~e City of Demon City Co.cfi on Tuesday, November 13,
2001 m 5 15 p m in the City of Denton Co.mi Work Session Room, Denton City Hall, at 215
East McKl~ey, Denton, Texas to consider specffic items when these items ~e hsted below
~der the Closed Meeting section of this agenda ~en ~tems for consideration are not hsted
under the Closed Meeting section of ~e agenda, ~e City Co.cfi will not conduct a Closed
Meeting at 5 15 p m ~d will convene at ~e time hsted below for its regul~ or specml called
meeting The City Co.cfi rescues ~e right to adjoin into a Closed Meeting on ~y item on its
Open Meetmg agenda consistent with Chapter 551 of the Texas Gove~ent Code, as mended,
as set fo~ below
1 Closed Meeting
A Consul~tlon with Attorney - Under TEXAS GOVE~MENT CODE Section
551 071
(1) Consider ~d dmcuss possible settlement of litigation styled Muntctpal
Admtmstrattve Se~tce& lnc v Ct~ of Denton, Cause No 99-50263-367,
on appeal ~om ~e 367th District Cou~ of Denton County, Texas
(2) Discuss ~d consider strmegy, stmus, ~d possible se~lemem of litigation
with the City's attorneys m htlgmion styled Ct~ of Denton, et al v TXU
Electmc Company, et al, Cause No 009383 cu~ently pending in the 134th
District Co~ of D~las Co~ty, Texas, ~d discuss legal issues
conce~ng ~s lmgat~on w~th the attorneys where to &scuss ~ese matters
in pubhc would conflict with the duty of ~e City's attorneys to ~e City
Council under ~e Texas Dlsclphnau Rules of Professional Conduct of the
State B~ of Texas
ANY F~AL ACTION, DECISION, OR VOTE ON A MATTER DELIBE~TED IN A
CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN
COMPLIANCE WITH TEXAS GOVE~MENT CODE, CHAPTER 551, EXCEPT TO THE
EXTENT SUCH F~AL ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED
MEETING IN ACCO~ANCE ~TH THE PROVISIONS OF ~551 086 OF THE TEXAS
GOVERNMENT CODE (THE "PUBLIC POWER EXCEPTION") THE CITY CO~CIL
RESERVES THE ~GHT TO ADJOU~ INTO A CLOSED MEETING OR EXECUTIVE
SESSION AS AUTHO~ZED BY TEX GOV'T CODE, ~551 001, ET SEQ (THE TEXAS
OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO
~CONVENE ~ A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCO~ANCE WITH THE TEXAS OPEN
MEETINGS ACT, INCLUDING, WITHOUT LIMITATION ~551 071-551 086 OF THE
TEXAS OPEN MEETINGS ACT
Specml Called Session of the City of Denton City Council on Tuesday, November 13, 2001
6 00 p m in the Work Session Room at City Hall, 215 E McK~nney Street, Denton, Texas at
which the following ~tem will be considered
C~ty of Denton City Council Agenda
November 13,2001
Page 2
1 Consider adoption of an ordinance amending Ordinance No 2001-135 of the City of
Denton, Texas, amending the procedures for adopUon of the Denton Development Code,
a comprehensive rewrite of the City of Denton's development regulations pursuant to
Texas Local Government Code {}211 006 to provide for notme and a joint public hearing
between the Planning and Zomng Commission and the Denton C~ty Cotmcll, and
provid~ng for an effective date
Following the completion of the Special Called Session, the Councd will convene into a Work Sesston at
whtch the,following ttem will be constdered
NOTE A Work Session ts used to explore matters of interest to one or more City Council Members or
the C~ty Manager for the purpose of gtwng staff d~rect~on into whether or not such matters should be
placed on a future regular or specml meeting of the Councd for cttlzen tnput, C~ty Council dehberat~on
and formal C~ty actton At a Work Sesston, the C~ty Council generally receives informal and prehmmary
reports and information from C~ty staff, officmls, members of City comrmttees, and the ~ndtvldual or
orgamzation proposing council action, ff tnwted by City Council or C~ty Manager to participate m the
session Partmtpatton by mdiwduals and members of organizations lnwted to speak ceases when the
Mayor announces the session ts being closed to pubhc input Although Work Sessions are public
meetings, and ctttzens have a legal right to attend, they are not pubhc heartngs, so c,t~zens are not allowed
to partm~pate m the session unless ~nwted to do so by the Mayor Any c~tizen may supply to the City
Councd, prior to the begmn,ng of the session, a written report regarding the c,t~zen's oplmon on the
matter belng explored Should the Council d~rect the matter be placed on a regular meeting agenda, the
staff will generally prepare a final report defining the proposed action, which will be made avadable to all
citizens prior to the regular meet,ng at which ctt~zen ~nput Is sought The purpose of this procedure ~s to
allow cttlzens attending the regular meetmg the opportumty to hear the views of their fellow mt~zens
w~thout hawng to attend two meetings
1 Receive a report, hold a d~scuss~on, and g~ve staff direction regarding the draft
Development Code
2 New Business
This ~tem prowdes a section for Council Members to request ~nfonnatlon or suggest
items for future agendas
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 , 2001 at o'clock
(am)(pm)
CITY SECRETARY
NOTE THE CITY OF DENTON CITY COUNCIL WORK SESSION ROOM IS ACCESSIBLE
1N ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT THE ClTY 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 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR
THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE
INTERBRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE
AGENDA INFORMATION SHEET t)ale~
AGENDA DATE. November 13, 2001
DEPARTMENT: Planning & Development
CM/DCM/ACM: Dave Hill, 349-8314 ~'~
SUBJECT
Consider adoption of an ordinance amending Ordinance No 2001-135 of the City of Demon, Texas,
amending the procedures for adoption of the Denton development code, a comprehensive rewrite of
the City of Denton's development regulations pursuant to Texas Local Government Code §211 006 to
proxade for notice and a joint pubhc hearing between the Plaunmg and Zoning CorranlSSlOn and the
Denton City Council, and providing for an effective date
During a specafl called meeting on November 13th, City Council will be asked to consider adoption of
an ordinance to hold a Joint pubhe hearing w~th the Planning & Zoning Comnasslon to hear comments
regarding the draft development code, and to set the notice reqmrements for the joint pubhc hearing
On October 30th, 2001, City Council instructed staff to prepare for the public hearing and notice as
outhned m the draft ordinance The consensus was to hold a joint pubhc hearing with the Planning and
Zomng Comimsslon and to prowde various types of pubhe notice
On March 27th, 2001 the City Council adopted Ordinance 2001-135 (attached) which provided for
clarification of the process and provided for a basis for adopting a the Development Code The
proposed ordinance amends this prewous ordinance and is based on Texas State Statutes, the City's
Charter, and the eyastmg Chapter 35 of the Denton Code of Ordinances One of the pranary reasons to
amend Ordinance 2001-135 ~s to provide for a joint pubhc hearing rather than a Council-only hearing
If the ordinance is adopted, the joint pubhe hearing will be held on Tuesday, December 4, 2001, at
6 00 P M, m the City Council Chamber m City Hall The item will be posted as a public hearing only
The Planning & Zoning Commassion agenda for December 5th will contain a work session agenda item
to allow the forwarding of comments to City Council City Council consideration of adoption of the
draft code is scheduled to take place on January 15, 2002
OPTIONS
1 Approve
2 Approve v~th changes
3 Deny
RECOMMENDATION
Staff recommends that the Council adopt the Ordinance as drafted
ESTIMATED PROJECT SCHEDULE
N/A
PRIOR AcTION/REVIEW
On March 27~, 2001 the Caty Council adopted Ordinance 2001-135
FISCAL INFORMATION
N/A
1 Dra~ Ordinance
2 Ordinance 2001-135
Respectfully submatted
Douglas S Powell, AICP
D~rector of Planmng and Development
S \Our Documents\Ordinances\01 \Comprehensive Zoning procedures doc
ATTACHMENT 1
ORDINANCE NO
AN ORDINANCE AMENDING ORDINANCE NO 2001-135 OF THE CITY OF DENTON,
TEXAS, AMENDING THE PROCEDURES FOR ADOPTION OF THE DENTON
DEVELOPMENT CODE, A COMPREHENSIVE REWRITE OF THE CITY OF DENTON'S
DEVELOPMENT REGULATIONS PURSUANT TO TEXAS LOCAL GOVERNMENT
CODE {}211 006 TO PROVIDE FOR NOTICE AND A JOINT PUBLIC HEARING BETWEEN
THE PLANNING AND ZONING COMMISSION AND THE DENTON CITY COUNCIL,
AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Denton City Council pursuant to ~ts home rule powers and Section 219
of the Texas Local Government Code, has adopted a new comprehensive plan, the Denton
Comprehensive Plan 1999-2020, and
WHEREAS, the City Council has previously appointed a City of Denton Code
Committee to undergo the process of recommending comprehensive development regulatmns
that are consistent w~th the pohmes set forth ~n the Denton Comprehensive Plan 1999-2020, and
WHEREAS, the Denton C~ty Charter and the Code of the City of Denton, Texas do not
set forth a procedure for the C~ty of Denton for the adopnon of comprehensive development
regulanons to ~mplement a new comprehensive plan, and
WHEREAS, the C~ty has posted and sent notices of public heanngs on the proposed
comprehensive development regulations, the Denton Development Code, to the owners of
property w~thm the C~ty of Denton according to the tax rolls of the Denton County Appraisal
D~stnct, and
WHEREAS, dunng the pubhc meetmgs and public heanngs, the Planning and Zoning
Comm~ssmn and the C~ty Council have received pubhc comment on the Denton Development
Code, and
WHEREAS, the Planmng and Zomng Commission will submit its report w~th its
recommendation and suggested changes to the City Council on the Denton Development Code,
and
WHEREAS, after recelmng the Planmng and Zoning report on the Denton Development
Code, the C~ty Counml may make any changes in the Denton Development Code warranted by
law or m the pubhc ~nterest, and
S \Our Documents\Ordmances\Ol\Comprehensive Zoning procedures doc
WHEREAS, the City Council desires to hold a joint pubhc heanng on December 4, 2001
between the City Councd and the Planning and Zoning Commission to hear public comment on
the Denton Development Code, and
WHEREAS, pursuant to Texas Local Government Code §211 006(a), the City Council
desires to create a procedure to notify the public of the joint public hearing between the City
Council and Planning and Zoning Commission prior to the adoption of the Denton Development
Code, and
WHEREAS, by a two-thirds vote of the City Council, as required by Texas Local
Government Code §211 006 (c) the prescribed notice of the joint pubhc hearing prior to the
adoption of the Denton Development Code shall be as hereinafter set forth w~thln th~s ordinance,
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The findings contmned in the preamble of this ordinance are incorporated
here~n as ff fully set forth within the body of th~s ordinance
SECTION 2 That the notme of the time and place for the joint public hearing on
December 4, 2001 shall be g~ven as follows
a Before the 15th day before the joint public heanng, a notme of the date, time and place
of the public heanng shall be pubhshed in the Denton Record - Chronicle, the official
newspaper m two separate places, the legal notice section and another location in the
newspaper separate from the legal notice section, and
b Before the 7th day before the joint public hearing, a notice of the date, time and place
of the pubhc heanng shall be published in the Denton Record ~2hromcle ~n two
separate places, the legal notme section and another location ~n the newspaper
separate from the legal notice section, and
c Notice of the joint public heanng shall be mailed to owners of property within the
City of Denton pursuant to the most recent Denton County Appraisal D~stnct Tax
Roll
SECTION 3 That all ordmances or parts of ordinances in rome when the provisions of
this ordinance became effective which are inconsistent, or ~n conflict with the terms or promsions
contained in this ordinance, are hereby repealed to the extent of any such conflict
SECTION 4 That if any section, subsection, paragraph, sentence, clause, phrase, or word
in this ordinance, or the application thereof to any person or under any circumstances is held mvahd
S \Our Documents\Ordinances\01 \Comprehensive Zomng procedures doc
by any court of competent junsdlct~on, such holdmg shall not affect the vahd~ty of the remmmng
porttons of th~s ordinance, and the C~ty Council of the C~ty of Denton, Texas, hereby declares ~t
would have enacted such remmmng portions despite any such lnvahdlty
SECTION 5 Th~s ordmance shall become effective ~mmedmtely from and after ~ts
passage and approval
PASSED AND APPROVED th~s the day of ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Se
Attachment 2
AN ORDINAN{ E Or- ]IHE CITY OF DENTON TFXA~. niX)FI'lNG A PROC£DURF FOR
ADOPTION OF THE DFN'rON DEVELOPMENT CODE. A COMPRFHENSIVi: REWRITE
OI- IHF ('ITY OF DENTON'S DITv'ELOPMFNI RF(p{ L4I'IONS PUR. SUANT TO TFXAS
LOCAL OOVERNMENT ( ()DE §211 006. AND PROVIDING FOR AN I~I. FE("TIVF DATE
WH£Rt'AS. thc Dcnlon C~ty Cotmc~l puraa.mt to ~1~ home rule po~ and ~ect~on 210
of th~ TCX~ Local Government Code~ has adopted a nc~ ~on'~mSl,~ plan, thc l)cnlon
Comprel~n$1~c Plan 1~9-2020, a~d
Comm,~ to undcrgo Ih~ ptoce~ of recommmdmg comprchm~av¢ de~elopm~m regula,ons
thai are coct~milenl ~.h Ih¢ I~llc~C~ ~"t follh tn Ihe I]~nqon ( omprehen~lvo Plan 1999-2020. and
~e~ fo~lh a pto0ed~rc, Ior tip' LIty of Dc~tton for the ad~O~mn of ¢omp~,b,c~s,~c de~¢loln~cnl
regulalnon~ Io lmplcmc~l a flon eomp~qu~nsl~ e plan. and
't.VII£RFAS the Cd~, h-~ poslcd and sefll notices of p~bllc hearm~ on thc propped
comp~:hcnslvc d~..clopmcnl re~tUlal~O~, the Denizen Development (ode Io Iht (~wners of
ixroperly W~llUfl It'~ C,Iv of D,fllton act"ordlng lo Iht, It',,, f[?,lt5 of the D~tnlon Cnunl"y' AppralMd
l)tstn¢l. ~
WIiI"P~Ae*. dr,,ring Iht, p.4bh¢ montini, ts and pubht hearings, 1he Plat~alg ~ Zoning
{ ~m~r~oc, atut Ihe LIT~ Cmmetl ha~ feccn~ed pubhc ~ommenl on the I)eng~n I)c~cloomcnt
Code, and
'fi'HI-RI'Ah. thc Planning and ?xmmg C<m~m~..~on has d~termmcd Ihat they wdl
continue lo mc~t and re~ ~e~ Ihe ~n II)e~eto~m~'nl (*ode umd April 25. 20OI ami after that
I,me. [he Planrang and Zomng Cornmlsalon will aubrnt! a r~po;~ to Ihe ( 1I!, ('ouncd on file
t~nlofl D~velopmcnl ( ~le. mM
o~ a ~m~mmn ~ff ~C ~lng and 7mung ('ommt~s~on that the ~(?~ton of Ih~
I~mon Developm~l C~e ~ dcm~l. ~d
WIJ~REA~. a fallu~ to ~d or a ~(~molda(~Ol) of m) ~tllm ~ t~ Pl~flg
a(~ /Ofllflg C~llfll9 ~ Ihe ~ of the ~ton De~elopmt~t ('~nle I~ {he ('lly (~,~,L
WI-[~-,J~AS, ~'~er rccelvin$ the Plan~mg and ~mn~ r~ on t~ ~on D~v~pm~t
C~e, th= C~ Courted ~y m~e ~y ch~o~ m ih~ ~on ~elo~ent C~ w~t~d by
]~w or m ~hc pubh~ m~s~, ~d
Wi{FREA5. pu~umnt 1o Tgx~ ~oa[ ~e~t ~o ~211 ~6(a). ~e C~ty Counc{I
~on D~elopment C~e, a~
~~. by m ~o-~n~ vote ur ~g C~ty C~fl, as r~un~ by Tcx~ ~al
Ouv~t C~ ~Z] ] 000 (~) ~ ~e~nb~ nolt¢¢ of 1~ pubhc h~n8 pnor tu ~ ~ou
of thc D~t~ ~v¢l~t C~ ~1 ~ ~ h~=ma~ ~l ~o,h within Ibis onl,oa~u. NOW.
~FOR~,
THH COUNCIL OF ~IE C~Y OF DE~ON, TE~S H~BY ORDAINS
SB~IO~, ~c find~s ~t~ed m ~ ~blc of ~ o~m~ce ~e
h~m ~ ~f fully s~ fo~h wlthm ~ ~dy of~tm ~m~ce
~ ~e C~ly Cuuncd b~ dt~c. ~ Piing a~ ~onms Comm~on to
cen~nuc to meet ~d r~iew d~ ~nmn D~'clupmcnt Code until April 25. 2~1 a~ mB~ that
l,me, but .o Inlet than May 2. 2~1. a Ptmmmg ~ Zomng Ce~iss~on ~. on thc D~ton
Devel~c~m C;~c ahn{I be subms~ to ~c Cl~' Council
~ A {avo~hi~ vo~e of lh~-fo~hs of thc Ct~ Cou~sl ~s not ~ut~ to
o~c~lc a ~cnd~ton oF ~ Pl~mng a~ ~nmg k~mn~t~mn 1.hat i~ mdo~ion oF Ibc
~ntou D~clopmenl Code be
~, A fmlu~ ~o rgcomm~;d or a ~omm~ndntton oF~ a~lon by the
~d Zos~tn~ Commssml~n on ~hc ~ of the ~nlol~ ~vc]~l C~c to ~ Ctty Councd
shall ~t co,{st{~u~ a
SEC'lION 5 ~t a~cr ~mtmg thc H~mg ~d ~m8 ~pu. on th~ ~nlon
D~lopmcnt Code, the Den;on C,ty Councd shall conduct a pubhc ~ng puauaut le T~
Lima{ ~vcmmcnt I od~ ~211 006 (a) m consider, m~c ~o~cMaUon. ~ ~c ~prupn~tc
~lton coaching thc Dcnt~ ~vclo~t t'~ ,~plc~eatmg ~hc~cs con~m~ w~thm thc
D~n Cump~nssvc Plnn
S~ON 6 ~t ~e noti~ of the t{mc and place f~ ~e final puhhc he, lnng shall be
~vcn ~ follows'
a Befurc tM 15a day ~forc Ibc pubhc hc~n~ a ~t{~ of th~ date, t~m¢ ~
thu ~ubl,~ h~mg shall bc pttbh~hed m the D~{t~ R~o~ - C~mclc. the o~c~al
ncwspap~ m two serum= pl:~, th= legal not,ce semc~ aed anothrr I~ m ~
b ~f~ the ~h da~ ~fO~ ~ ~bl~c ~ng. ~ ~l~cc of ~ ~tc~ h~ ~ pike of C~
m~~,M~ ~l~f~ ~m ~c~~~~
El ~1 INE BR~ MAYOR
A ITFST
.~ENNWER WALTERS, CITY SECRETARY
APPROVED AS TO LA(iAI FORM
HI~.R.B, ERTL PROUTY, CITY AI'TORN~Y
8
AGENDA INFORMATION SHEET
AGENDA DATE November 12, 2001 and November 13, 2001
DEPARTMENT Planmng & Developme~k/
CM/DCM/ACM Dave Hill, 349-8314/x/~x
SUBJECT
Receive a report, hold a d~scuss~on, and give staff dlrectmn regarding the draft Development Code
Th~s staffr~port has been prepared to facilitate two Council work sessions, on November 12th and 13th,
to d~scuss outstanding policy issues related to the Development Code At the first work sessmn, four
of eight pohcy ~ssues (determination of public hearing date and legal notice, ESA Upland Habitat,
recogmtlon of selected Planned Developments, and appeals process) were resolved to allow
preparatmn of the final draft of the code The remmmng four policy issues are listed below
1. ENVIRONMENTALLY SENSITIVE AREAS (ESAS)
Q: Should the ESA regulations be apphed to the ETJ~
The C~ty can legally apply the ESA standards to property m the ETJ as they relate to water
quality The benefits of protecting the ESAs will also accrue m the ETJ There are large
areas of ESA m the ETJ that may be protected ~f the rcgulatmns are extended (map
enclosed)
The draft can be modified to insure that thc application of the ESA m the ETJ is clarified
and has a sound legal bas~s
2. PLANNING & ZONING COMMISSION RECOMMENDATIONS
Q: Does the Councd want to address the outstanding Planning and Zomng Commtsston
recommendations that are not reflected tn the draft code?
Attachment 1 ~s a rewsed summary of the xssues rinsed by the Planmng and Zomng
Commission that have not been included into the current draft Staff has added
commentary for each issue
3. MULTI-FAMILY CONCENTRATIONS
Q: Should a threshold be estabhshed tn the code that places a "cap" on the number of
multt-famdy dwellings allowed within a smgle development project?
Q. If so, should there be a provtswn that allows apphcants to exceed the multi-famdy
"cap" through Planntng& Zontng Commtsston and Ctty Councd revtew and
approval?
The Denton Plan calls for an overall density of 14 umts per acre as the target average for
the mty The proposed rmxed use zoning d~stncts all allow for densmes h~gher than the
target average whale mmntammg the overall c~ty average The code also prowdes destgn
standards that wdl change the development pattern for new apartment developments
Specffically, the current pattern of creating ~nterconnected parking lots wall be replaced
w~th counect~ng streets Design standards wall also place the bmld~ngs up on the streets and
will allow a m~xture of uses (Attachment 4)
Although variations ~n density are allowed ~n the draft code, the ~ssue has been rtused
regarding the potentml need for hm~ts on concentration, or the maximum number of
dwelling umts allowed w~tlun a s~ngle multi-family complex Staff has not found many
ex~stmg regulations that relate to ttus ~ssue, most reties regulate apartments by fom~ng them
~nto single use d~stncts
Staff would propose that no additional regulations be adopted at th~s t~me
4 MAPPING ISSUES~ INCLUDING DOWNTOWN / FT WORTH DRIVE AREAS Q. Should the zoning map revisions made to the Downtown area remain as drafted?
Q: Should the zoning map revtstons contemplated for the Ft. Worth Drive area, but never
added to the draft zoning map, be reflected tn the final draft~
Q: How should Council resolve the tssue of mdtvtdual zoning map revtston requests ~
Staff attended the Ft Worth Drive neighborhood assocmtmn on Thursday, November 1st
The meeting resulted m several proposed changes to the zoning map (map enclosed)
Attachment 5 ~s a hst~ng of outstanding mapping ~ssues that are located by the two enclosed
maps
Staffwfll be prepared to discuss the map changes at the meeting
oPxIONS
C~ty Council is not scheduled to take formal action on the draft Code D~scuss~on on the following
topms would enable staff to help the project move forward 1 G~ve chrectmn regarding the pohcy ~ssues,
2 G~ve d~rectmn to address any additional ~ssues,
3 D~scuss expectations regarchng the draft Code rewew and adoptmn schedule
RECOMMENDATION
Staff recommends that Counml prowde d~rectlon regarding the issues outlined so that the final draft of
the code can be prepared Staff intends to m~mm~ze the amount of t~me devoted to presentations and
techmcal questions to allow Counml Members to use the work sessions to dehberate and determine
proper pohcy d~rect~on To th~s end, Council Members are encouraged to meet w~th staff in advance ff
add~ttonal ~nformation ~s needed
ESTIMATED PROJECT SCHEDULE
The project schedule ~s detmled ~n Attachment 1
PRIOR ACTION/REVIEW
To date, over 123 official meetings have been held to discuss the Development Code The first work
session was held on September 19, 2001
FISCAL INFORMATION
The draft Development Code is intended to set the regulatory framework for implementation of the
comprehensive plan (the Denton Plan) The ~mpact of the Interim Residential and Nonresidential
Development Regulations has, m the opinion of staff, retarded tax base growth for the last year,
particularly with respect to nonresidential development The draft Code is intended to reduce the
rezonlng review cases heard by the Planning & Zomng Commission and City Council, and will also
ehmlnate almost all site plan review actiwtms conducted by the Council These objectives should
make the development review process more predictable and consistent, and should shorten the review
process considerably for most projects The fiscal impact of the draft Code, antimpated to regulate
development for the next 20 to 25 years, will be very slgmficant If development proposals are
consistent with the Denton Plan, the impact on developers should be positive due to decreased review
time and project admmlstration costs
The draft Code will also have positive effects on the community's economic health and quality of life,
both of wlueh are ~mportant considerations contained ~n the Denton Plan The ability to protect
environmentally sensitive areas, especially floodplmns, will have a very positive impact on drmnage
and water quality costs prod by property owners The creation of land use zoning classfficatlons that
are consistent to Denton Plan recommendations will allow better coordination of transportation and
ut~ht~es int~astructure systems, and other services, such as police, fire, emergency medical serwces,
hbranes, parks, and schools
ATTACItMENTS
1 Revised Development Code Schedule
2 Code Adoption Documents
3 Planmng and Zomng Commission Changes
4 Multi-family Examples
5 Outstandang Mapping Issues
Respectfully submitted
Douglas S Powell, AICP
D~rector of Planmng and Development
Attachment 1
* IF NECESSARY
Attachment 2
Code Adoption Documents
The Development Code process consists of several p~eces that w~ll need to be adopted separately as
follows
Illllllll
Development Code
Zoning Code ESAs / MF Concentrations / PD's /
A Zomng Map
1 B ESA Map Ordinance ZBA Duties / Downtown & Ft
C Special D~stnct Maps Worth Drive Mapping
(Fry St, etc )
2 Subdivision Regulations Ordmance None
Comprehensive Plan
3 Future Zomng Map Resolution None
None, amendments to be made only
to ensure consistency between
Future Land Use Map Ordinance Denton Plan and Development
4 Amendments Code
Transportation Mobility Plan
None, to be adopted as new
Local Street Connect~wty Orchnance component of Mobility Plan
5 Plan
Construction Standards & Specifications
Cntena Manuals
A Water / Wastewater
B Drmnage Resolution None
6 C Transportation
D S~te Design
E Apphcat~on
5
Attachment 3
Outstanding Planning & Zoning Commission Recommendations
Sta~ Analysis
Section # Section Title As WrlHen In Draft Code
DO NOT CHANGE
The SUP allows for a
case-by-case anaJys~s to
35 $1 2 Rural Multi-family Dwellings Permitted with SUP Nol~P~mllt~d ~. r~. determine the
appropriateness of a
Commercial multkfaml~
~ DO NOT CHANGE
The September 2000
draft allowed 2 0 DU/Ac
- staff has reduced other
Dens~ty at 1 5 DU/AC I~5~DUJAC district densities in order
35 5 2 3 NR-2 General Regulations (prevJously 2 0 DU/AC) to raise th~s back to
where ~t was prewously
2 DU/Ac relates ta SF-16
DO NOT CHANGE
The L-6 I~mltat~on restncts
all MF to second floor
above ground floor retail
or office use Additional
revJslons in the code
35 5 2 1 NRMU Multi-family Dwellings Permitted allows MF on the ground
floor dependent on the
classification of the road
it fronts, therefore the L-6
, limitation is too restrictive
DO NOT CHANGE
Both L-17 & L-18 I~mlt the
Professional Sen/Ices & Permitted with L-17 Pe~t'~ted With L-18 size of uses (except
grocers) to the same
35 5 3 2 NCMU Offices ' maximum 25 000 sf_~
i DO NOT CHANGE
Wholesale uses are
ISG4 2 Wholesale Nurseries Not Permitted generally not compahble
wJth downtown.~uses
' DO NOT CHANGE
L-17 I~m~ts grocers to
40 000 sf while L-18 I~mJts
grocers to 55 000 sf The
reglanal act~wty center is
35 5 6 2 RCR-1 Retail Soles & Services Permitted with L-18 p~rnltt~ld with i.-11/ intended to address
regional needs Allowing
larger grocers w~ll
address the regional
need
DO NOT CHANGE
35 5 6 2 RCR-2 Retail Sales & Services Permitted with L-18 pjrmllt'iid with L.17 See above
-- DO NOT CHANGE
L-15 limits uses to 5 000st
and requires an SUP to
increase the size of Semk
Professional Services & Permitted with L-14 public halls clubs and
35 5 6 2 RCR-2 Offices lodges (althaugh semi-
pub c hall dubs an_~d
Section # Section Title As Wrlflen In Draft Code Staff Analysis
lodges are permitted by
nght w~th no hm~taflon
this district) L-15
uses to 10 000 sf which is
more appropnate in the
Regional Area
DO NOT CHANGE
Employment Centers are
~' ~"~ ~ntended for uses such as
limited hght
35 5 7 2 Theaters Not Permitted l~e/~m~Jtei~l manufactunng research
EC-I and development
corporate fac~l~hes,
offices and ~nst~tutlons
No more than two
accessory structures per DO NOT CHANGE
lot are permitted ~n any The language as drafted
Accessory Bu~ld~ngs zone, which may not will be eas~er to enforce
$5 8 9E and Structures total more that 25% af and IS more restnctlve
the area of the pnnc~pal
structure on the lot ,
All properties shall ~nstall
automatic ~rngatlon
systems The systems
shall be designed and
installed based upon the DO NOT CHANGE
requirements set forth ~n The specific design
the Landscape Cntena standards will be
Manual Individual included ~n the Cntena
Landscaping and single-family homes are Manual The complexity
35 B 12A Irngat~on not required The of th~s issue does not
Director may waive the t~ ~ warrant it being taken to
irngatlon system DRC and would take
requirement ~f a additional t~me
landscaping plan ~s
approved that ~ncludes
drought tolerant plants or
a xensca DO NOT CHANGE
The "Dfe Safety" code
has not been adopted
by the City However
Subchapter 9 there are procedures ~n
GENERAL place to abate such
issues upon complaint by
1) DO NOT CHANGE
The location regulations Staff believes tt
of this Chapter are ~mportant to leave the
enacted pursuant to the reference
authonty of Chapter 211 2) DO NOT CHANGE
of the Local Government Staff would not
Location of Sexually Code All other recommend such a list
because ~t may not be
35 11 2 Oriented Businesses provisions of this article
are enacted pursuant to exhaustive and could be
the City's pohce power used to argue that a
and the authority of non-I~sted use ~s therefore
Article XI Section 5 af the permitted
Texas Constitution j~efl~lll, $) Change
Th~s change w~ll make
Section # Section Title As Written In Draft Code Staff Analysis
SOB locations more
restrictive
Any subdivision of land
that contains more than
10 lots, or covers more DO NOT CHANGE
than 2 acres, or contains This issue has already
35 12 2 D Apphcahon attached s~ngle family been reviewed by
un~ts, or creates lots of Counal
less than 10,000 square
feet f~l~ller
Subchapter 14
GENERAL
DO NOT CHANGE
The estabhshment of
another layer of rewew
would not outweigh the
cost associated
(increased time and
complexity) w~th creating
the additional
committee
IS 14 Development A bonus five percent
14 ¢ & Incentive Standards ~ncrease in density
and/or floor area ratio
within the net bulldable
site area when the
environmentally sensitive
areas are dedicated
outright to the City of
Denton A bonus ten I CHANGE
percent increase ~n This section is being
rewritten based on the
density and/or the floor
area ratio within the net d~rect~on of Oty Council
bulldable site area when
no disturbance of any
enwronmentally sensitive
area ~s planned w~th~n
the overall development,
even those allowed
within this Chapter and
when the
Section ~ Section Title As Written In Draft Code Staff Analysis
environmentally sensitive
areas are dedicated
outnght to the City of
Denton
35 21 12 3 As Built Drawings After the construction
has been completed
and prior to acceptance
of the fac~l~hes by the DO NOT CHANGE
City of Denton, the The language as drafted
construction plans should IS eas~er to understand
be modified to reflect as- ASA
built conditions and be
submitted to the city
Attachment 4
Typical Current Multi-Family Design
10
Proposed Multi-Family Design
I ~LUIIKOLr$.~
11
Attachment 5
Map A - Outstanding Mapping Issues
1 445 Th~s ~s currently the Denton Optimist ;urround~ng land use
Club on North Elm Currently zoned pattern only justifies an
SF-7 Future Zoning NR-3 Would Itke tncrease to NR-4
higher zoning classification to
xlRMU-12
2 481 Razor Property on 1-35 Currently Higher densCy other than
zoned A and proposed zoning to proposed by staff, can
NCMU and NCR-6 important only be supported with a
property Trustee asked Council to master plan
look at a h~gher ~ntens~ty of zoning
No specific d~stnct was requested
3 498 Duncan Street to Smith Street Staff recommends th~s
Current zoning Is C, proposed area be moved to an
zoning is DC-G Uses should be in Employment center w~th
Employment Center Area Th~s block the exception of the
should be examined by Council housing along Smith
Street to the north This
change will require a
comprehensive plan
amendment
4 506 &645 Properhes on Bonnie Brae south of Th~s area ~s w~thln the
the Hickory Creek watershed Urbanizing Area as
Currently zoned A, proposed zoning defined by the
Js NCR-4 and RD-5 P&Z comprehensive plan
recommended this area be zoned qCR-4 is similar to
to Rural Dlstnct due to lack of road surrounding land use
connectivity Propedy owners 3atterns
request to be taken to higher
density (NCR-4)
5 512 Current zoning is MF-1 Proposed Staff recommends th~s
zoning is NRMU-12 Property owner change
would like th~s property to be
reclassified as NRMU
6 528 Current building was used as The proposed NR-3
daycare Current zoning ~s MF-1 zoning designation ~s a
Area was classified as NR-3 by reflection of the
prewous council Owners are surrounding residential
looking for higher intensity zoning neighborhood
CM-G) to allow office use Professional offices are
not appropaate ~n a
existing neighborhood
land use area Staff does
not recommend any
;hanges to the zoning
7 543 Carruthers O~1 Company on Ft Worth ;taft recommends no
Drive would be ~n non-comphance 3hange Special
with the CM-G classification exception provisions w~ll
Current zoning is LI Asking for h~gher allow ex~sflng uses to
d~stnct Would be covered by continue
special exception clause
8 578 Sherman Drive property behind Proposed zoning ~s
Piggly Wiggly Currently zoned SF-7 appropnate due to
Proposed zoning is NR-3 Asking for adjacent residential uses
NRMU from NR-3
9 ,585 Property currently zoned MF-1, Proposed zoning ~s
changed to NR-3 by council request appropnate due to
w~th Houston Place Neighborhood adjacent res~denhal uses
Requests higher density zoning
classification
10 135 Owner requests Community M~xed Staff recommends no
Use Center and Neighborhood change Recommends
Center on approximately 250 acres applicant following
Current zoning ~s A Proposed zoning rezonlng procedures to
~s EC-I and NCR-2 Would require a facilitate neighborhood
comprehensive plan amendment involvement and allow
for an ~n depth analysis
11 None Council has approved recent Staff recommends
rezon~ngs ~n this area Transition area rews~ng the
from Industnal to Residential comprehensive plan to
allow employment center
along US 380 and
Geesl~ng
12 591 Expansion of businesses along Staff recommends no
Woodrow Lane back ~nto change Proposed zoning
neighborhood Ex, sting zoning is SF- ~s appropriate due to
7 Proposed zoning ~s NR-3 Would adjacent restdenhal uses
require a comprehensive plan
amendment
13 641 Current zoning is MF-1 Previous Proposed zoning is
Council recommended fh~s area be appropriate due to
zoned to NR-3 DAHC requests th~s adJacent residential uses
property be rezoned back to
,le d~stnct to MF-1
14 644 Request for block of Pierce, Pra~ne, zoning ~s
H~ghland be rezoned from DR-1 to appropnate due to
DR-2 Current zoning ~s 2F Proposed adjacent residential uses
zoning ~s DR-1
15 None P&Z requests Caunc~l to examine Staff recommends no
the land uses and compatlb~ldy change
~ssues for thts area Area ~s located
west of H~nkle Dnve, opposite of
Good Samaritan
16 None P&Z requests Council to examine Staff recommends th~s
the land uses and compahbildy area be revised ta NCR-2
~ssues far th~s area Area ts along 377
north of H~lls of Argyle Currently
zoned A, proposed zoning NCR-12
17 None P&Z requests Council to examine Staff recommends a small
the land uses and compat~b~hty area plan be considered
issues for th~s area Area along Elm for th~s area
and Locust north of Un~verstty
18 384 Property owner of Center Point Staff recommends
vtab~le Home Community requests 'na~nta~nlng employment
from EC-C to NCR-6 Currently center zoning Special
zoned LI with a SUP exception and mobile
home SUP addresses
existing use Residential
zoning is not appropnate
for th~s area
19 532 Skylab requires industnal zoning ~n a Staff recommends
Neighborhood Center area continuance of
Currently zoned LI, proposed IC-E zoning for adjacent
industnally used land
20 None Ft Worth Dnve, Tractor Dealer ;taft recommends th~s
requests changing zoning from CM- change
G to CM-E
21 128 Currently zoned LI Requests area Staff recommends th~s
from IC-E to IC-G change
22 166 Acme Bnck requires extending the Staff recommends th~s
IC-G area to clay p~t area change
23 374 West side of Ft Worth Dnve from a Staff recommends this
m~xture of Employment, Industnal, change
Community M~xed Use to
Employment and Industrtal Centers
24 None East s~de of Ft Worth Dnve requests Staff recommends th~s
from Commundy M~xed Use to change
Employment Center
Map B - Comprehensive Plan Amendments
1 Houston Place Neighborhood Changed from Staff supports th~s
Downtown University Core to Existing change
borhood
2 Oak / H~ckory Street Changed from Downtown Staff supports th~s
University Core ta Ex~sflng Neighborhood H~stoac change
Overlay Zone will not be affected by the
Development Code
3 Neighborhood Center to Rural Area 'h~s area ~s within the
Recommended by P&.Z due to concerns from Urbanizing Area as
traffic connectlwty at higher residential defined by the
camprehenslve plan
dens~tJes Staff does not
recommend this change
4 Neighborhood Center to Employment Center Staff acknowledges the
Some properties outstde aty I~mlts of Denton concern for a trans~hon
Area immediately adjacent to the Andrews from Regional M~xed Use
Center to Neighborhood
Corp Center in th~s area
However, transition ~ssues
are addressed ~n the
zoning d~str~ct regulahons
5 industnal Center to Neighborhood Center Staff Staff supports this
~n~t~ated clean up of map due to shape of change
floodplain through this area
6 P&Z recommendation of a 500' stnp along US Staff supports th~s
380 to buffer higher ~ntenslty ~ndustrlal uses from change
aJong US 380
7 Ft Worth Dnve Community Mixed Use Center to Staff supports this
Industrial Center, Employment Center and change
Neighborhood Center Based on meetings w~th
property owners
15