HomeMy WebLinkAboutFebruary 24, 2004 Agenda AGENDA
CITY OF DENTON CITY COUNCIL
February 24, 2004
After determining that a quorum is presem, the City Council will convene in a Work Session of
the City of Demon City Council on Tuesday, February 24, 2004 at 11:30 a.m. in the Engineering
Conference Room, City Hall East, 601 East Hickory, DeNon, Texas at which the following item
will be considered:
NOTE: A Work Session is used to explore matters of interest to one or more City Council
Members or the City Manager for the purpose of giving staff direction into whether or not such
matters should be placed on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a Work Session, the City Council generally
receives informal and preliminary reports and information from City staff, officials, members of
City committees, and the individual or organization proposing council action, if invited by City
Council or City Manager to participate in the session. Participation by individuals and members
of organizations invited to speak ceases when the Mayor announces the session is being closed to
public input. Although Work Sessions are public meetings, and citizens have a legal right to
attend, they are not public hearings, so citizens are not allowed to participate in the session
unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior to the
beginning of the session, a written report regarding the citizen's opinion on the matter being
explored. Should the Council direct 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 available
to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this
procedure is to allow citizens attending the regular meeting the opportunity to hear the views of
their fellow citizens without having to attend two meetings.
Receive a report and hold a discussion regarding DeNon Developmem Code issues
including but not limited to the formation of an NR-5 zoning category and Planned
Developmem (PD) or overlay district instead of or in conjunction with Alternative
Development Plans.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of DeNon, Texas, on the day of ,2004 o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTE: THE ENGINEERING CONFERENCE 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 IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S
OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY
CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
DEPARTMENT:
CM/DCM/ACM:
February 17, 2004
Planning and Development Department
Jon Fortune, Assistant City Manager
SUBJECT
Receive a report and hold a discussion regarding DeNon Developmem Code issues including but
not limited to the formation of an NR-5 zoning category and Planned Developmem (PD) or
overlay district instead of, or in conjunction with, Alternative Developmem Plans.
BACKGROUND
This report is in two parts. Section A addresses PD's and Alternative Development Plans and
Section B addresses the NR-5 category.
SECTION A: PD'S AND ALTERNATIVE DEVELOPMENT PLANS
Planned Development District - Old Code
Planned development districts were creatures of the old zoning code. The new Development
Code does not have the zoning district "Planned Development - PD". During the rezoning
process in 2002, the Council left in place 16 existing PD 's, and the new code does not allow for
any new PD's. Planned Development zoning districts (PD) were intended to provide for the
development of land as an integral unit for single or mixed use in accordance with a plan that
could vary from the established zoning standards for similar land uses. PD's were intended to
encourage flexible and creative planning to ensure the compatibility of land uses, allow for the
adjustment of changing demands, meet the needs of the community, and provide for a
development that was superior to what could be accomplished in other zoning districts by
meeting one or more of the following purposes:
1. Provides for the design of lots or building; increased recreation, common or open
space for private or public use; berrns, greenbelts, trees, shrubs or other landscaping
features; parking areas, street design or access; or other development plans, amenities
or features that would be of special benefit to the property users or community;
2. Protects or preserves topographical features, such as trees, creeks, ponds, floodplains,
slopes or hills; or
3. Protects or preserves existing historical buildings, structures, features or places.
The old code set forth three types of plans that could be used in the planned developmem
process: concept plan, developmem plan and detailed plan.
Concept Plan - This plan was intended to be the first step in the PD process for larger or
long-term developments.
Development Plan - This plan was intended to be used as a second step in the PD
process. It included the same information that was provided on the concept plan, plus
details as to the specific land uses and their boundaries.
Detailed Plan - This was the only plan that was always required in the PD process. It
was the final step in the process and was required prior to any development. For smaller
tracts the detailed plan could be used to establish the district and be the only required plan
in the planned development process. It contained information specific to the site (site
plan and/or subdivision layout). All detailed plans were in substantial compliance with
landscape, sign, subdivision and other regulations of the Code. When developers
requested variances from the regulations, they could be approved as part of the PD
process but at the same time, corresponding benefits that merit deviation from those
regulations needed to accrue to the community.
The approval of a PD required notification and public hearings at the Planning and Zoning
Commission and City Council. Once approved, the applicant was required to adhere to the
approved PD. Any substantial change required an amendment to the PD, which followed the
typical public hearing process.
PD's provided a level of comfort for the city and the residents because everyone knew exactly
what would be built and they provided applicants alternatives that the code might not have
envisioned. On the other hand, PD's were time consuming for the applicant and staff. Prior to
approval of a Detailed Plan, sufficient utility, drainage, site and architectural detail was required
to ensure that adequate infrastructure existed to support the development, the development was
compatible with adjacent uses and that the development could actually be built. With such a
high level of detail required, the PD process was expensive for the applicant with no guarantee of
approval but with the pay off of more flexibility. Public hearings for PD's also were time
consuming and all too often, the applicant and the Council were negotiating or redesigning on
the floor.
Prior to the adoption of the Development Code, there were over 200 PD's in Denton. In effect,
the city had over 200 separate zoning districts. One reason there were so many PD's is because
the previous zoning code did not allow for much flexibility in land uses or design. PD's were the
only mechanism to allow clustering of residential lots, single-family developments with lots less
than 7,000 square feet or mixed-use developments.
Alternatives in the New Denton Development Code
After the adoption of the Denton Plan, it became apparent that the "old" regulations would not
be sufficient to meet the plan's goals. The Development Code was written to provide the
flexibility by allowing mixed uses and clustering of single-family subdivision. The site design
standards set minimum requirements for design and allow flexibility to meet them. With the new
regulations in place, staff thought that the need for PD's was eliminated.
The Development Code is structured to allow staff to approve site plans when all applicable site
design standards (Subchapter 13) are met. Site design standards include: Building design and
orientation, parking lot layout and landscaping. The Alternative Development Plan (ADP) is a
process in which applicants propose alternative designs to meet the standard site design criteria.
If applicants cannot meet the standards or choose not to meet the standards, they can provide an
alternative(s) [an ADP] that meets or exceeds the design objectives of Subchapter 13. An ADP
can vary from the site design standards in Subchapter 13 but not from zoning requirements (land
use, density, setbacks, lot coverage) or subdivision requirements (driveway spacing, road or
utility design) like the old PD could. The ADP approval process requires hearings (not public
hearings) at the Planning and Zoning Commission and City Council and does not require public
notifications (mail outs and news paper notice). An ADP can be tailored to one specific
criterion, such as parking between the building and the road, or multiple criteria.
The new site design requirements were developed with "typical" developments in mind. The
Alternative Development Plan provides a process for an applicant to propose alternative designs
to meet the standard site design criteria through a flexible discretionary process (like Denton
Crossing, for example or the new high school and stadium).
Can the Alternative Development Plan (ADP) process or other tools be used to address
problem cases like Denton Affordable Housing's recent application or infill proposals?
Although the zoning districts and site design standards in the Denton Development Code provide
a great deal of flexibility, they do not anticipate every land use or site design issue that could
arise. No development code does. The issues in the recent Denton Affordable Housing were
density and its associated perceived increases in traffic. The ADP process is not enabled by the
Denton Development Code to address zoning or land uses (including density) so it would not
have been a tool available to address the density issues.
However, Sub-chapter 7 - Special Purpose and Overlay Districts of the Denton Development
Code is an alternative to the old PD. Amendments could be made to the purpose section of Sub-
chapter 7 that would include such statements as "to allow infill housing which is compatible with
the existing neighborhood", or "to allow affordable housing which is compatible with existing
neighborhood" or other public purposes as would be identified by Council. Alternatively, PD's
could be added as a zoning district that would provide another tool for applicants to use. PD's
could provide a zoning district for areas where the proposed use "makes sense", but the
"allowed" zoning districts would not permit and which meet other public purposes such as
provide infill housing, or provide affordable housing or conserve existing neighborhoods. It is
anticipated that the creation of an Overlay District would follow a similar process as a Small
Area Plan. Including but not limited to, gathering information, analysis, boundary
determination, neighborhood participation, and ultimately City Council approval. Further, the
process could be implemented by any combination of the following, the city, a neighborhood or
a developer.
SECTION B: CREATION OF A NEIGHBORHOOD RESIDENTIAL 5 (NR-5) ZONING
DISTRICT.
Previous zoning cases, most recemly the DeNon Affordable Housing Corporation (DAH) cases
on Mockingbird, have highlighted a potemial issue related to changing zoning in established
neighborhoods. With the DAH cases, the existing neighborhood was developed under the
previous SF-7 zoning category (minimum 7, 000 square feet lots). With the adoption of the
Denton Development Code, those properties and surrounding vacant property were rezoned to
Neighborhood Residemial 4, (NR-4), which corresponds to the SF-7 category. DAH requested
to rezone property to Neighborhood Residemial 6, (NR-6) which would allow additional density
(an increase of 2 units per acre). DAH asserted that they needed the increase in density to offset
the cost of infill developmem and to allow duplexes as a permitted use. The neighbors were
extremely concerned about the proposed increase in density and the proposed duplexes.
Although DAH's preliminary lot layout yielded a little over 5 units per acre, any density between
4 and 6 units per acre requires the NR-6 zoning designation. Additionally, the Development
Code (§ 35.13.13.1.D) states, "Duplex buildings shall be designed to appear as a single unit".
However, neighbors were concerned that the Duplexes would not fit with the character of the
neighborhood.
The issue or question raised is: Would the availability of an NR-5 zoning district resolve the
issues raised?
Currently there are six zoning districts within the Neighborhood Residential zoning category that
allow single-family or duplex developmem (See tables below). They are the following:
1. Neighborhood Residemial 1, (NR-1),
2. Neighborhood Residemial 2, (NR-2),
3. Neighborhood Residemial 3, (NR-3),
4. Neighborhood Residemial 4, (NR-4),
5. Neighborhood Residemial 6, (NR-6), and
6. Neighborhood Residemial Mixed Use 12, (NRMU-12).
Additionally, the Rural Residemial (RD-5) and Rural Commercial (RC) zoning district also
allow single-family developmem. NR-1 through NR-6 are basically residemial zoning
categories. As the number increases, so does the density allowed, as does the ability for
duplexes and attached single-family style developmems. The tables in Attachmem 1 idemify the
regulations for those districts.
Prior to the adoption of the Development Code there were seven zoning districts that allowed
single-family and duplex developmem as follows:
1. Single-family 16 (SF-16)
2. Single-family 13 (SF-13)
3. Single-family 10 (SF-10)
4. Single-family 7 (SF-7)
5. Two-family Dwelling (2-F)
6. Planned Developmems (PD)
7. Agricultural (A)
With the exception of the PD zoning category, each of the above zoning districts were based on a
minimum lot size (the corresponding number representing the minimum lot size in 1,000 square
feet). Agricultural zoned land had a minimum lot size of 1 acre, SF-16, 16,000 square feet,
SF 13, 13,000 square feet, etc.
The current NR zoning districts and the previous zoning district create "gaps" between zoning
districts. In the previous code those gaps were approximately 3,000 square feet in size. The
gaps in the NR zoning district are based on density more than lot size. The table below provides
a comparison between density and the previous "SF" zoning districts. Although the previous
regulation did not have an SF-5 district, one was added to correspond to the majority of recently
approved PD's.
CONVERSION CHART
Zoning Category to Estimated Housing Density
Factor for Estimated Estimated
Comparable Max. NR
Zoning Minimum ROW & Maximum # Average # NR Zoning Density
District Lot Size other of Lots per of Lots per District (Units/A)
Dedication * acre acre
SF-5 5,000 SF 0.30 6.70 6.0 NR-6 6.0
SF-10 10,000 SF 0.21 3.60 3.25 NR-3 3.5
SF-16 16,000 SF 0.18 2.29 2.0 NR-2 2
090
* ROW factor was calculated on 30' of ROW along each lot based on minimum lot width required.
With the exception of the SF-13 zoning category, the current NR zoning districts correspond
directly to the previous zoning categories. Prior to the adoption of the Development Code, only
a small undeveloped area in Lakeview Ranch was zoned SF-13.
A potential NR-5 General Regulation offers little benefit for development of less than 2 acres,
which is typical for infill development. The minimum lot size for NR-4 is currently 7,000 square
feet and 6,000 square feet for NR-6. Splitting the difference between those districts, a new NR-5
district, would provide for a minimum lot size of 6,500 square feet, which does not provide much
difference over the existing minimum lot sizes. However if the minimum lot size for NR-6 was
decreased to 5,000 square feet, the minimum lot size for NR-5 could be set at 5,000 square feet
providing a wider range of lot sizes.
Subdivisions greater than 2 acres are designed based on maximum density rather than minimum
lot size. The current density allowed in NR-4 is 4 units per acre and for NR-6 is 6 units per acre.
Splitting the difference, the maximum density for NR-5 would be 5 units per acre.
The development of duplexes within established neighborhoods has always been a concern to
neighborhoods. One benefit of creating a new NR-5 district would be the ability to require a
Specific Use Permit (SUP) for duplexes. Even though § 35.13.13.1.D. of the code requires
duplexes to appear as single-family units, an SUP would provide additional safe guards for
neighborhoods. An NR-5 zoning designation would create additional option for developers of
acreage greater than 2 acres, but offers minimal benefit for smaller sized developments.
However, assuming the density would be set at 5 units per acre, a request or "a need" to develop
at 5.1 units per acre would still require the NR-6 zoning designation.
RECOMENDATION
If Planned Developments were to be added to the Denton Code, or if the overlay provisions of
Sub-chapter 7 were to be improved, staff would recommend a strict set of criteria for their use
and approval be written. Staff recommends that either PD and/or the overlay district be used in
lieu of a new NR category.
OPTIONS
1. Request additional information
2. Direct staff to prepare a code amendment adding a NR-5 zoning district to the Development
Code.
3. Do not create a NR-5 zoning district.
4. Direct staff to draft improvements to Sub-Chapter 7 for infill, affordable housing and other
public purposes to be identified by Council.
5. Direct staff to draft a new PD zoning district.
6. Direct staff to draft an SUP requirement for duplexes in the NR -4 Districts.
These options are not mutually exclusive.
ATTACHMENTS
1. Sub-Chapter 7 of the Denton Development Code
2. Possible NR-5 District
Prepared and Submitted By:
RLA, ASLA
Assistant Director of Planning and Development
And
Director of Planning and Development
Attachment 1.
Subchapter 7 - Special Purpose and Overlay Districts
Sections:
35.7.1
35.7.2
35.7.3
35.7.4
35.7.5
35.7.6
35.7.1
Purpose.
General Standards.
Creation of Special Purpose and Overlay Districts.
Denton Municipal Airport Overlay District.
Fry Street Overlay District.
Historic Conservation District
Purpose.
The purpose of this Subchapter is to allow the creation of Special Purpose and Overlay Districts within
the City. The districts should be established to protect and enhance certain specific lands and structures
which, by virtue of their type or location, have characteristics which are distinct from lands and
structures outside such special districts. The districts shall contain such reasonable and necessary
requirements to insure the protection and enhancement of said lands and structures.
35.7.2 General Standards.
The Special Purpose and Overlay Districts established in this Chapter operate by establishing Design
Standards to effectuate the purpose of the district. In the event of a conflict between the underlying
zoning designation and the Special Purpose and Overlay Districts, the provisions of the Special Purpose
and Overlay Districts shall apply.
Land lying within a Special Purpose or Overlay District shall remain part of the underlying zoning
designation established by other provisions of the City Zoning Chapter, and may, in addition, lie in one
or more overlay districts in accordance with the designation of each.
35.7.3 Creation of Special Purpose and Overlay Districts.
Thc creation or amendments to a Special Purpose and Overlay District shall be made using the Denton
Plan Amendment Procedure detained in Subchapter 3. Every recommendation for the creation of a
Special District Overlay, or addition of land thereto, shall address the following, as applicable:
A. A statement of purpose shall specify the nature of the special and substantial public interest and
public welfare involved and objectives to be promoted by creation of the Special Purpose and
Overlay District and imposition of the regulations and Design Standards proposed therefore.
B. Proposed district boundaries shall be depicted on one or more maps, including the Zoning Map of
City, which shall also display all other zoning regulations applicable to the property proposed Gr
inclusion in the district.
C. Regulations or Design Standards proposed to promote the special purposes of the Special Purpose
and Overlay District.
D. Regulations or Design Standards for any Special Purpose and Overlay District shall be designed to
reasonably promote the purposes of the district, and may require or address any of the Gllowing, in
addition to or in lieu of other regulations affecting property within the Special Purpose and Overlay
District.
1. Protection of features designated as being of special concern within the district;
2. Mixtures or limitations or permitted uses;
3. Special performance standards and development regulations;
4. Other matters as appropriate to promote the special public interests of the district.
Attachment 2.
35. 5. 2 Neighborhood Residential
Sections:
35.5.2.i Purpose.
35.5.2.2 Permitted Uses.
35.5.2.3 General Regulations.
35.5.2.1 Purpose.
The purpose of the Neighborhood Residential land use is to preserve and protect existing neighborhoods and
to ensure that any new development is compatible wkh existing land uses, patterns, and design standards. Land
Use categories wkNn the Neighborhood Residenti~J areas include:
NR-i
NR-2
NR-3
NR-4
NR-5
NR-6
N RMU - 12
NRMU
Neighborhood Residenti~J i
Neighborhood Residenti~2 2
Neighborhood Residenti~2 3
Neighborhood Residenti~2 4
Neighborhood Residential 5
Neighborhood Residenti~2 6
Neighborhood Residential M/xed Use i2
Neighborhood Residential MSxed Use
35.5.2.2 Permitted Uses.
The folloxving uses and their accessory uses are permitted xvkhin the Neighborhood Residential chstricts:
(Amended i0/i5/2002)
Accessory Dxvelling Un/ts
Commun/tyHomesFortheDisabled P iii!iii!iii!iii!iii!iii!iii!iii!iii!ii~!iii!iii!iii!iii!iii!iii!iii!iii!iii! P
Multi-FamilyD,vellings N N
Manufactured Housing Developments N iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii SUP
Theaters Less than 1,000 seats N N
Restaurant or P~vate Club N N
Drive-through Facility N N
Professional Services and Offices N N
Quick Vehicle Selwicing N N
Vehicle Repair N N
Auto and RV Sales N N
Laundry Facilities N N
Equestrian Facilities N N
Outdoor Recreation P P
Indoor Recreation N 1'4 N
Maior Event Ente=ainment N 1`4 N
Commercial Parking Lots N 1`4 N
Administrative or Research FacilitiesN 1`{ N
Broadcasting of Production Studio N 1`,t N
Se×uany Oriented Business N 1`4 N
Temporal- Uses LOS) LOS)
Manufacture of Non-odoriferous :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Food Processing N iii!iii!iii!iii!iii!iii!iii!iii!iN!iii!iii!iii!iii!iii!iii!iii!iii! N
LightManufacturing N !i!i!i!i!i!i!i!i!i!i!i!i!i!i!i!i!il'~,li!i!i!i!i!i!i!i!i!i!i!i!i!i!i!i!i N
HeaxTManufacturing N !i!i!i!i!i!i!i!i!i!i!i!?~,li!i!i!i!i!i!i!i!i!i!i!i!i!i!i!i!i N
WholesaleNurseries N ~ N
Wholesale StorageandDistfibudon N ~ N
ConstmctionMaterials Sales N ~ N
Sa~ta~~ LandGls, Commercial
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Basic Utilities L(25) L(25)
Parksand OpenSpace P P
Semi-public, H~Jls, Clubs, and Lodges SUP !i!!!i!!!i!!!i!!!i!!!i!!SUiP!!i!!!i!!!i!!!i!!!i!! SUP
Business / Trade School N iii!iii!iii!iii!iii!iii!iii!iii2x, l!iii!iii!iii!iii!iii!iii!iii!iii! N
Adult or Child Day Care SUP iii!iii!iii!iii!iii!iii!SUiP!iii!iii!iii!iii!iii! SUP
ElderlyHousing N !i!i!i!i!i!i!i!i!i!i!i!?',li!i!i!i!i!i!i!i!i!i!i!i!i!i?!I SUP
35.5.2.3 General Regtflations.
General regulations of the Residential Neighborhood land use zone are contained in the table beloxv:
The folloxving limits
>ly to SUDO1V1S1On Or Z acres or leSS:
~nimumlotarea(squarefee0 7,000 !i!!!i!!!i!!!i!!!i!!!~!!BiOOi!!!i!!!i!!!i!!!i!! 6,000
5~nimumlot,vidth 50feet !!i!!i!!i!SO!i!!fe~!!i!!i!!i 50feet
~nimumlotdepth 80 feet !i!!!i!!!i!!!i!!80!!i!!!fe!~!~!!i!!!i!!!i!! 80 feet
~nimumfrontyardsetback L(2) iiiiiiiiiiiiiiiiiiiiiiiiii~i(2iiiiiiiiiiiiiiiiiiiiiiiiii 10feet
~nimumsideyard 6feet 6feet
~nimum side yard adjacent to a i0 feet iiiiiiiiiiiiiiil0iiiiiife~iiiiiiiiiiiii i0 feet
~nimumrearyard 10feet !i!!!i!!!i!!!i!lOi!!!i!fe!~!!i!!!i!!!i!! 10feet
The folloxving limits to subdivision of more than 2 acres in lieu of minimum lot size and dimension requirements:
4 6
5 feet 4 feet
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The folloxving limits
Minimum landscaped area 40% 40% 40%
Maximum building height 40 feet 40 fe~ 40 feet
i 0 feet i 0 feet
plus i plus 1
foot
C~Ch c~ch
~nimum yard ,vhen abutting a foot of for~ ~ foot of
single-fan~ly use or district
height he~g~ height
above ~B~ve above
20 feet 20 feet
gO fe~
Limitations
The follo~ving define the limitations to zoning uses in the NR-4, NR-5 & NR-6 zoning districts
~vhen the zoning matrix identify a use as permitted, but limited
L(1) = Accessory &veiling units are permitted, subject to the follo~ving additional criteria:
1. The proposal must conform ~vith the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of accessory &veiling units shall not exceed 1 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 50% of the GHFA of the primary residence on the lot, and
shall not exceed 1000 sq. ft. GHFA.
4. One additional parking space shah be provided that conforms
parking provisions of this Chapter.
L(2) = For infill lots, the front setback shall be an average of the adjacent lots.
to the off-street
L(3) = In part of a subdivision of 2 acres or more, up to 2 units may be attached by a common ~vall
if the lots ~vhich contain the attached structures do not abut the perimeter lot lines of a subdivision,
the individual common ~vall units are on separate lots designed to be sold individually, and they
comply ~vith the Subchapter 13. Additionally, units must have the appearance of a single family
residence from the street.
L(7) = Limited to t~vo (2) animals on parcels one (1) to three (3) acres in size. Additional animals
may be added at a rate of one per each acre over three.
L(16) = Uses are limited to no more than 1,500 square feet of gross floor area per lot.
L(27) = Must comply ~vith the provisions of Subchapter 22, Gas Well Drilling and Production.
L (38) = Must meet the requirements of Section 35.12.8.
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