HomeMy WebLinkAboutApril 10, 2007 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
April 10, 2007
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Closed Meeting on Tuesday, April 10, 2007 at 4:00 p.m. in the City Council Work
Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the following item
will be considered.
1. Closed Meeting:
A. Consultation with Attorney – Under Texas Government Code Section 551.071.
1. Discuss legal issues relating to City oil and gas leases, including
contemplated litigation, and including matters in which the duty of the
attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with the
chapter.
Any final action, decision, or vote on a matter deliberated in a closed meeting will only be taken in an
open meeting that is held in compliance with Texas Government Code, Chapter 551, except to the extent
such final action, decision, or vote is taken in the closed meeting in accordance with the provisions of
Section 551.086 of the Texas Government Code (the ‘Public Power Exception’). The City Council
reserves the right to adjourn into a closed meeting or executive session as authorized by Texas
Government Code, Section 551.001, et seq. (The Texas Open Meetings Act) on any item on its open
meeting agenda or to reconvene in a continuation of the closed meeting on the closed meeting items noted
above, in accordance with the Texas Open Meetings Act, including, without limitation §551.071-551.086
of the Texas Open Meetings Act.
Following the completion of the Closed Meeting, the Council will convene in a Special Called
Meeting, at which the following item will be considered:
1. Consider adoption of an ordinance of the City of Denton authorizing an agreement
between the City of Denton, Texas and Denton Community Theatre regarding travel
expenses associated with a Southwestern Regional Contest to be held in Alexandria,
Louisiana for the award candidate called “Crowns”, being an African American Musical
Production; providing that this program serves a municipal and public purpose of
promoting the arts and tourism within Denton; providing for the expenditure of funds
therefore; and providing for an effective date.
nd
Following the completion of the Special Called Meeting, the Council will convene in a 2
Tuesday Session at which the following items will be considered:
nd
NOTE: A 2 Tuesday 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,
nd
City Council deliberation and formal City action. At a 2 Tuesday 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
nd
session is being closed to public input. Although 2 Tuesday Sessions are public meetings, and
City of Denton City Council Agenda
April 10, 2007
Page 2
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.
1. Receive a briefing, hold a discussion and give staff direction on an amendment to the
Development Code to allow for the development of Gated Communities (DCA06-0015,
Gated Communities).
2. Receive a briefing, hold a discussion and give staff direction on an ordinance amending
subchapters 7, 13, and 23 of the Denton Development Code concerning infill
development regulations (DCA05-0005, Infill Regulations).
C E R T I F I C A T E
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 ___________________, 2007 at ________o'clock
(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 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:
April 10, 2007
DEPARTMENT:
City Manager’s Office
CM/DCM/ACM:
George C. Campbell, City Manager
SUBJECT:
Consider adoption of an ordinance of the City of Denton authorizing an agreement between the
City of Denton, Texas and Denton Community Theatre regarding travel expenses associated with
a Southwestern Regional Contest to be held in Alexandria, Louisiana for the award candidate
called “Crowns”, being an African American Musical Production; providing that this program
serves a municipal and public purpose of promoting the arts and tourism within Denton;
providing for the expenditure of funds therefore; and providing for an effective date.
BACKGROUND:
This agreement allows for the total expenditure of $750 from Council Contingency Funds: $125
from Mayor McNeill, $150 from Mayor Pro Tem Kamp, $125 from Council Member Heggins,
$100 from Council Member McElroy, $100 from Council Member Thomson and $150 from
Council Members Montgomery. Key provisions of the agreement include:
Funds shall be used to help pay travel expenses associated with the Southwestern
Regional Contest in Alexandria, Louisiana.
In addition to other reporting requirements, documentation in the form of cancelled
checks and/or corresponding receipts specifically detailing expenditure of funds for the
purpose provided is required for reimbursement from these designated funds.
FISCAL INFORMATION
Payment will be made from the designated Council Members’ contingency funds accounts.
Respectfully submitted:
George C. Campbell
City Manager
Prepared by:
Linda Holley
Executive Assistant
AGENDA INFORMATION SHEET
AGENDA DATE:
April 10, 2007
DEPARTMENT:
Planning and Development
ACM:
Howard Martin, 349-8232
________________________________________________________________________
SUBJECT
Receive a briefing, hold a discussion and give staff direction on an amendment to the
Development Code to allow for the development of Gated Communities (DCA06-0015, Gated
Communities).
BACKGROUND
Several developers have approached the City and inquired about provisions for gated
communities in various locations throughout the City. Until now, the City has maintained the
position that neighborhoods should be designed in an interconnected system where street systems
should be platted to allow for future connectivity and residents could travel from neighborhood
to neighborhood seamlessly. However, certain situations given their location or other
circumstances may warrant consideration for being gated. In these instances, gated communities
may not only be functional by may address a segment of the housing market.
Gated communities are a much debated urban feature, some communities supporting them and
others not. The Denton Plan addressed gated communities in a subtle manner in the following
sections:
“The number of alternative ways through an environment is a measure of an area’s permeability.
New development should maximize permeability both within the site and in the neighborhood.
Site design must be based on efficient use of existing paths and patterns of movement. New
development is designed to complement the existing network and maximize the choice of
movement within and through the site. Paths into a site connect rather than forming a series of
dead-ends. New development will be expected to take advantage of opportunities to improve
choice and convenience of movement.” (p.63)
The plan further states, “Neighborhood streets should be designed in an interconnected or grid
system with smaller blocks and more dense development. The interconnected system provides
multiple routes that diffuse automobile traffic and shorten walking distances. The pattern keeps
local traffic off of regional roads and regional traffic off of local streets.” (p. 78)
TheDenton Plan also states under Street Goals and Strategies the following: “Use an inter-
connected transportation system to increase traffic flow, reduce traffic congestion, increase
emergency access and provide increased transportation system routes.” (p.141)
The Denton Plan language was translated into standards in the Denton Development Code that
require the connectivity of the transportation system for both pedestrians and vehicles (See
Section 35.20.2.P and 35.13.10.1.b. and 35.13.10.2), require public streets (See Section 35.20.2.
C and 35.20.2.H) and in effect, prohibit gated communities.
However, there have been several inquiries, an overlay district and a councilmember request to
provide an alternative in the Development Code to allow gated communities. The options
include allowing them outright and establishing a set of standards that must be met. An
alternative is to treat such requests for gated communities as specific use permit in which case
the Planning and Zoning Commission could recommend and the Council could set standards
peculiar to each case.
Pros and cons for gated communities include the following:
Pros
Inside a gated community can be safer for kids and pedestrians in general since there is
no through traffic
Perception of crime being lower
Assertion that values hold up well (gates add the feeling of exclusivity)
Assertion that neighborhood pride increases over non-gated communities and may
promote intra-community actions
Cons
May be perceived as elitist and exclusionary
Tailgating to gain entrance
Emergency response time could be increased due to gates
Reduction of circulation, both vehicle and pedestrian between subdivisions
In some instances restriction of alternative routes to schools
May crowd arterials as traffic must enter onto the regional system to achieve connectivity
to another neighborhood or even to a neighborhood school.
Gated communities and HOA’s sometimes request local governments in the future to take
over substandard private streets.
A set of amendments to the existing Development Code will also need to be made in order to
implement gated communities. This list of changes includes but is not limited to the following:
Section 35.20.2.P and 35.13.10.1.b. and 35.13.10.2 and Sections 35.20.2. C and 35.20.2.H,
addressing requirements for public streets.
A primary concern by municipalities for the development of gated communities is the standards
that govern the development. Many cities have standards for both public and private roadways
however, with more gated communities becoming the responsibility of the local government, it
makes sense that the infrastructure be developed to a city’s standards to potentially curb the costs
of repairs in the future.
Similarly, maintenance of utilities and the associated repairs to the private streets are an issue
that is addressed by this amendment.
OPTIONS
1. Give staff direction to draft an ordinance allowing gated residential communities using
the Special Use Permit (SUP) process and setting standards therein.
2. Give staff direction to draft an ordinance allowing gated residential communities, by
amending Subchapter 20 (Transportation) and/or other Subchapters by setting enabling
standards for gated communities. (No specific use permit.)
3. Give staff direction to proceed in another direction on the gated communities issue.
ACTION/REVIEW (Council, Boards, Commissions)
Denton Development Code Committee, September 15, 2006
Planning & Zoning Commission Work Session, October 11, 2006
Planning & Zoning Commission Work Session, January 10, 2007
Planning & Zoning Commission Work Session January 24, 2007
Planning & Zoning Commission Work Session March 28, 2006
EXHIBITS
1. Draft ordinance
Respectfully submitted,
Brian Lockley, AICP
Interim Planning and Development Director
Exhibit 1
Amendments to Subchapters 13, 16, 20, 23 of the Denton Development Code
to Allow Gated Communities
I. Amendment to Chapter 16 is added as follows: A gated community may be approved as
part of the final plat providing all of the following conditions are me
t:
35.16.21. Gated Community Requirements:
The following sections set forth the requirements for gated communities in the City of Denton.
A. Streets
1. All the streets in a gated community will be private streets.
2. All gated communities must have a single point of access to public streets surrounding
the development and an alternative emergency access for emergency service vehicles.
3. Private streets shall meet all requirements and standards of the City of Denton for public
streets
4. Notwithstanding any other provision to the contrary in the Denton Development Code or
City of Denton Criteria Manuals, the following requirements apply to private streets to be
included in the gated community:
a. Turnouts or turn arounds for public school buses shall be provided. Areas shall be
dedicated by the developer as public access easements or as part of the public right of way
and maintained by the developer where they are easements. Areas shall be constructed with
heavy-duty concrete pavement for the school bus drop zone area.
b. Gated communities shall not be allowed to block any existing arterial street or
proposed arterial street as shown on the City of Denton Mobility Plan. Streets shown
on the Mobility Plan of the Denton Plan shall not be used, maintained or constructed
as private streets. The Planning and Zoning Commission may recommend the denial
of the creation of any other private street if in the Commission's judgment the private
street would negatively affect traffic circulation on public streets or impair access to
property either on-site or off-site, to the subdivision, impair access to or from public
facilities including schools, parks and libraries, or delay the response time of
emergency vehicles.
c. Private Street Lot - Private streets and alleys must be constructed within a separate
lot owned by the property owners association. This lot must conform to the City's
standards for public street and alley right-of-way. An easement covering the street lot
shall be granted to the city providing unrestricted use of the property for utilities and
the maintenance. This right shall extend to all utility providers including telecable
companies, operating within the city. The easement shall also provide the city with
the right of access for any purpose related to the exercise of a governmental service or
function, including but not limited to fire and police protection, inspection and code
enforcement. The easement shall permit the city to remove any vehicle or obstacle
within the street lot that impairs emergency access.
d. Construction and Maintenance Cost. The city shall not pay for any portion of the
cost of constructing or maintaining a private street.
B. Water and Sewer
1. All water and sewer mains that serve inside the gated community and are located
within public utility easements shall be dedicated to the City prior to approval of the
final plat and publicly owned and maintained.
2. All water and sewer mains and associated appurtenances shall be designed and built
according to City standards.
a. A Public Utility Easement or other adequate water and sewer easements shall be
dedicated to the City of Denton for all water and sewer mains lines.
b. Public water and sewer facilities must be located within a public utility easement or
other adequate water and sewer easement dedicated to the City of Denton. The City
is not responsible for reconstruction or full depth repair to the private street. The City
shall provide necessary repairs to ensure safety and promote ride quality of the
private street. However, prior to making repairs, the City shall first give the HOA the
option of paying to upgrade the repair work so that the streets are repaired to existing
conditions.
c. Water meters and sanitary sewer cleanouts located in the parkway must be located
within a public utility easement.
C. Street Lighting on private streets is required
1. Street lighting shall be installed at no cost to the city meeting the City of Denton spacing
and location requirements and shall be maintained by the HOA.
2. Street lighting shall be owned, operated, and maintained by the HOA. All energy costs
will be invoiced to the HOA under the appropriate rate schedule
D. Electric Facilities and Lines
1. All electric facilities (Denton Municipal Electric) that serve inside the gated community
shall be owned and maintained by DME.
2. All electric facilities shall be designed, built, and operated according to DME standards.
a. A Public Utility Easements or other adequate water and sewer easements shall be
dedicated to the City of Denton DME for all electric facilities/lines.
b. Utilities may be located within a public utility easement or other adequate electric
easement dedicated to the City of Denton DME. The City is not responsible for
repairing damage to private streets resulting from DME repairs to utilities located
underneath the street paving. The City shall provide necessary repairs to ensure
safety and promote ride quality of the private street. However, if the City DME
makes such repairs, they shall first give the Home Owners Association the option
of paying to upgrade the repair work so that the streets are repaired to City
standards.
E. Public Safety and Other Access Requirements
1. The fire chief, or his designated representative shall approve the installation of security
gates across a fire apparatus access road. Where security gates are installed, they shall
have an approved means of emergency operation. The security gates and the
emergency operation shall be maintained at all times. 2003 International Fire Code
Section 503.6 Security Gates is the standard that shall be applied and maintained.
2. The developer /HOA shall provide keypad of signal device access to the police
department to police department specifications at all gates into the community.
3. In the event that at any time any gate does not promptly and automatically open for an
emergency vehicle utilizing a traffic signal preemption device, the emergency
responders shall be privileged to remove, disable or destroy any locking device, gate or
piece of a gate in order to gain access. The deed restrictions shall recognize and
incorporate this requirement, and further hold the City and its emergency providers
harmless from any and all claims or damages arising from the HOA’s failure to
maintain the gate to this standard or for the removal or destruction of such gates or
devices. The HOA will provide non-emergency access codes to solid waste providers,
the electric utility, the water utility and wastewater utility maintenance department
franchised utilities, and the US Postal Service.
4. The plat shall provide for public access easements throughout the subdivision for
public safety vehicles.
5. Access Restricted Entrance Design Standards - Any private street that has an access
control gate or cross arm must have a minimum uninterrupted pavement width of 22 feet
at the location of the access control device. If an overhead barrier is used, it must be a
minimum of 14 feet in height above the road surface. All gates and cross arms must be
of a breakaway design. A turn-around space must be located in front of any restricted
access entrance to allow vehicles denied access to safely exit onto public streets. On lots
adjacent to entry gates, fences may exceed 40 inches in height, up to a maximum of
eight feet within the front yard setback. Such fences must be constructed of wrought
iron with brick columns. No solid fencing panels will be allowed.
F. Solid Waste Requirements
Residential solid waste collection service will be provided from the front of the property
at the curbside of the private streets.
For residential dwellings with rear entry garages, the solid waste collection service may
be provided from the alley, if the alley is constructed to the same specifications as the
public streets, meeting the design and construction standards of a City of Denton public
street, and if the alley is designed to provide adequate turning radii for all solid waste
collection trucks. The Solid Waste Department’s refuse collection trucks require the same
turning radius as required by the City of Denton Fire Department for city fire trucks. The
house address number will be visible from the alley.
All residential refuse collection criteria, as listed within the City’s ordinances, shall apply
to gated communities.
In the event that at any time any vehicular access gate is not operable, and access is not
available for solid waste collection vehicles, the Solid Waste Department will continue
on with the normal progression of their daily route, and report the inaccessibility of the
area to Customer Service.
G. Drainage Requirements
The Developer is responsible for the installation of the storm water system to city standards
and the Developer/HOA is responsible for the maintenance of the storm water system.
1. Minor Drainage System: The minor drainage system includes the entire storm drainage
collection systems within the streets, ditches and channels within the gated community
that collects surface drainage originating from within the spatial boundaries of the gated
community. The minor drainage system also includes all drainage systems within the
gated community that collects drainage from offsite areas up to 3-acres. Drainage
easements consistent with the Development Code shall be dedicated on the final plat for
the Minor Drainage System. The Minor Drainage System will be maintained by the
HOA and the City of Denton has no obligation for the inspection or maintenance of this
system. Physical connection points shall be established between the Minor and Major
Drainage Systems as described herein that will be used to establish the physical limits
for maintenance purposes and responsibilities.
2. Major Drainage System: The Major Drainage System provides for the conveyance of
storm water runoff through the gated community originating from an area outside of the
gated community greater than 3-acres. To provide for the Major Drainage System, green
space or open space areas and floodplain areas shall be reserved for storm water
detention, retention, or conveyance of drainage. These areas shall be dedicated as
separate lots with ownership by simple deed to be retained by the HOA. The entire lot
or a portion thereof shall be dedicated as a Drainage or Drainage and Detention
Easement as appropriate on the final plat. The Plat shall include dedication language
stating that the Drainage or Drainage and Detention Easement will be reserved for the
conveyance of drainage or flood and shall remain open at all times and will be
maintained in a safe and sanitary condition by the HOA. The City will not be
responsible for the maintenance and operation of said lots or easements or for any
damage to private property or person that results from conditions in the lots or
easements, or for the control of erosion. No obstructions to the natural flow of storm
water run-off shall be permitted by construction of any type of building, fence or any
other structure within the Drainage and Detention Easement, as herein above defined,
unless approved by the City. The HOA shall keep the drainage or drainage and
detention easement clear and free of debris, silt, and any substance that would result in
unsanitary conditions or obstruct the flow of water. And, the City shall have the right of
ingress and egress for the purpose of inspection and supervision of maintenance by the
HOA to alleviate any undesirable conditions that may occur. Furthermore, the City shall
have the right, but not the obligation, to enter upon the lot or drainage or drainage and
detention easement to remove any obstruction to the flow of water, after giving the HOA
written notice of such obstruction and HOA fails to remove such obstruction. Should the
City of Denton be compelled to remove any obstruction to the flow of water, after giving
the HOA written notice of such obstruction and HOA fails to remove such obstruction,
the City of Denton shall be reimbursed by the HOA reasonable costs for labor, materials,
and equipment for each instance.
H. Park Requirements
A dedication must be accessible to the general publicand therefore is not acceptable in a gated
community.
I. Homeowners Association Required
1. A homeowners association (HOA) is required to be established. Documents establishing
the HOA must be submitted as part of the final plat application, and maintenance
obligations of the HOA for private roads, gates, fences, streetlights and other privately
held common areas and improvements shall be incorporated into the final plat.
a. The HOA must provide for the power to file a lien, to foreclose, or to other wise
secure payment from homeowners concerning the maintenance, repair and
replacement of the gates, private streets and streetlights.
b. The Association documents must be submitted to, reviewed by and approved by
the City Attorney prior to final plat approval.
c. A reserve fund shall be established, not co-mingled with any other fund.
d. The covenants and restrictions documents shall indicate that the streets in the
subdivision are private and are maintained by a homeowners association, that they
are not public and that the city of Denton has no obligation to maintain them. The
subdivision final plat, property deeds and property owner association documents
shall note that certain city services shall not be provided on private streets.
Among the services that will not be provided are: routine police patrols,
enforcement of traffic and parking ordinances and preparation of accident reports.
All private traffic regulatory signs shall conform to the Texas Manual of Uniform
Traffic Control Devices. Depending on the characteristics of the proposed
development other services may not be provided.
e. The covenants and restrictions shall also state that the City of Denton has no
obligation to inspect the streets in the gated community.
f. The homeowners’ association may not be dissolved, nor may deed restrictions
and covenants providing for maintenance of common areas be deleted or
amended, without the prior written consent of the City Council of the City of
Denton, by way of plat amendment.
g. The homeowners’ association documents shall provide that certain City services
are not provided by the city on private streets such as enforcement of traffic and
parking ordinances, and the preparation of accident reports.
h. On the subdivision final plat shall be language whereby the Homeowners’
Association, as owner of the private streets and appurtenances, agrees to release,
indemnify, defend and hold harmless the City, any governmental entity and
public utility for damages to the private street occasioned by the reasonable use
of the private street by the City, governmental entity or public utility; for
damages and injury (including death) arising from the condition of said private
street; for damages and injury (including death) arising out of the use by the city,
governmental entity or public utility of any restricted access gate or entrance; and
for damages and injury (including death) arising out of any use of the subdivision
by the City, government entity or public utility. Further, such language shall
provide that all lot owners shall release the City, governmental entities and public
utilities for such damages and injuries. The indemnifications contained in this
paragraph 12 apply regardless of whether or not such damages and injury
(including death) are caused by the negligent act or omission of the City,
governmental entity or public utility, or their representative officers, employees
or agents.
II. Amendment to Chapter 23. Updated definition of Gated Community: "Gated
community" means a subdivision or housing development with two or more dwellings with
private streets controlled through the use of a vehicular or pedestrian gate.
III.Amendment to Chapter 35.20.2.P concerning connectivity is amended by adding the
following: 35.20.2.P.1.a. Where a Special Use Permit is approved by the City Council for a
gated community, then this section on connectivity does not apply.
IV. Amendment to Chapter 35.13.10.A.2 by adding the following: Where a special use
permit is approved by the city council for a gated community, then this section on
connectivity does not apply.
AGENDA INFORMATION SHEET
AGENDA DATE:
April 10, 2007
DEPARTMENT:
Planning and Development
ACM:
Howard Martin, 349-8232
SUBJECT
Receive a briefing, hold a discussion and give staff direction on an ordinance amending
subchapters 7, 13, and 23 of the Denton Development Code concerning infill development
regulations (DCA05-0005, Infill Regulations).
BACKGROUND
On December 14, 2005, the Planning and Zoning Commission held a public hearing and
recommended approval to the City Council regarding the proposed infill regulations. Following
the public hearing, staff presented to City Council the draft infill regulations at two separate
work sessions.
Following the work sessions, on September 12, 2006 a public hearing was held where Council
tabled the item and directed staff to make revisions. The postponement of this item was due to
comments received from the public hearing and a subsequent meeting with individuals that
attended the public hearing. Some of the issues are summarized below:
Redevelopment and infill are two separate issues. Redevelopment had gotten into the mix
with infill development later in the process. The focus was not on redevelopment but
rather with infill lots. Redevelopment should be dealt with separately.
Sidewalks are necessary in the inner city. Having no sidewalk requirement because two
adjacent lots are without sidewalks does not make sense. What happens when the block
is developed – who will construct the missing sidewalk segment then?
Why are infill projects exempt from street tree requirements?
What happens if a larger lot comes in and replats to comply with the two-acre maximum?
The 25% administrative adjustment seems high.
Staff has prepared a new draft for consideration that addresses the comments received. Due to
the significant changes proposed from what was recommended for approval by the Planning and
Zoning Commission back in December 14, 2005, staff presented the recommended changes to
the Planning and Zoning Commission, prior to bringing it back to City Council.
On January 10, 2007, January 24, 2007, February 21, 2007, and March 28, 2007, the Planning
and Zoning Commission held work sessions to discuss the new draft. At the last work session
the Planning and Zoning Commission directed staff to forward the previously reviewed infill
regulations ordinance to the City Council with some minor changes.
The attached ordinance reflects those changes recommended by the Planning and Zoning
Commission along with a matrix that outlines all of the recommended changes by public during
the public hearing and subsequent meeting.
PRIOR ACTION/REVIEW
December 14, 2005 Planning and Zoning Commission public hearing
January 23, 2006 City Council work session
August 15, 2006 City Council work session
September 12, 2006 City Council public hearing
January 10, 2007 Planning and Zoning Commission work session
January 24, 2007 Planning and Zoning Commission work session
February 21, 2007 Planning and Zoning Commission work session
March 28, 2007 Planning and Zoning Commission work session
OPTIONS
1. Give staff direction to draft an ordinance amending Subchapters 7, 13 and 23 relating to infill
regulations.
2. Give staff direction to amend the ordinance allowing amendments to Subchapters 7, 13 and
23 relating to infill regulations.
3. Give staff direction to proceed in another direction on the infill issue.
EXHIBITS
1. Proposed Infill Regulations
2. Infill Regulations Comparative Table
3. Infill Boundary Map
Respectfully submitted by:
Brian Lockley, AICP
Interim Director of Planning and Development
Prepared by:
__________________
Ron Menguita
Planner III
EXHIBIT 1
PROPOSED INFILL REGULATIONS
Subchapter 7 – Special Purpose and Overlay Districts
35.7.12 Infill Special Purpose District
35.7.12.1 Purpose and Intent.
The purpose of this district is to provide standards for the development of infill lots in
existing neighborhoods.
The specific objectives of this district are to:
Allow flexibility in location, type and density, within the densities supported by
the Denton Plan and the Denton Development Code;
Provide flexibility in lot size, configuration, and vehicle access to facilitate infill
development;
Provide development standards that promote compatibility between new and
existing development and promote certainty in the marketplace;
Encourage development of needed housing in close proximity to employment and
services;
Promote neighborhood preservation and enhancement through infill development
of vacant properties;
Encourage mixed use development opportunities in order to provide housing and
neighborhood services close to jobs;
Encourage development that meets the city’s economic development goals; and,
Encourage new development as well as preservation of a diversity of housing
types and price ranges in existing neighborhoods.
35.7.12.2 Applicability and General Provisions.
There is hereby established a special purpose district to be known as the Infill Special
Purpose District. The boundary of the Infill Special Purpose District is shown on Figure
35.7.12.2..
All applications for development of buildings, structures, and lots within the
Neighborhood Residential and Downtown University Core Zoning Districts that are no
greater than two acres may utilitize the flexibility, restrictions, limitations, and provisions
of the Infill Special Purpose District regulations as noted in this article, provided that:
1. the proposed area has not been replatted into less than two acre lots after the
effective date of the adoption of this ordinance; and
2. the proposed area lies fully within the boundaries of the Infill Special Purpose
District; and
3. the proposed area does not fall within any other Special Purpose or Overlay
district.
1
In the case of conflict among regulations, the more flexible standard shall apply.
Permitted Uses.
A.
All uses permitted by the underlying zoning
Zero-lot line housing (permitted only within the Neighborhood Residential and
Downtown University Core Zoning Districts)
Neighborhood Meeting Requirement.
B.
Applicants proposing to develop on infill lots meeting the characteristics of this district
shall conduct at least one neighborhood meeting prior to the approval by the
Development Review Committee Chair. Property owners and current residents within
200 feet of the subject property shall be notified 10 days prior to the neighborhood
meeting by the applicant. The neighborhood meeting shall be held at a public facility,
such as a public library or community center in close proximity of the subject property.
Plan Requirement.
C.
A site plan shall be submitted for infill development within the Infill Special Purpose
District. The site plan shall be approved by the Building Division prior to the issuance of
a building permit.
Approval Process, Administrative Adjustments and Appeals.
D.
1. The Planning Director is authorized to grant administrative adjustments up to
25% from the requirements of Subchapter 5 of the Denton Development Code for
height, setback, and lot coverage within Neighborhood Residential Zoning
Districts and Downtown University Core Zoning Districts in the Infill Special
Purpose District. Decisions on administrative adjustments may be appealed to
the Planning and Zoning Commission by affected property owners (those within
200 feet) and the applicant, using the Staff Review procedure set forth in Section
35.3.7.D.1.
2. Adjustments in excess of 25% require the approval of the Planning and Zoning
Commission, and the City Council using the Zoning Amendment procedure set
forth in Section 35.3.4.C.2 through 35.3.4.C.4.
Content of Application.
E.
Applications shall be accompanied by an accurately dimensioned site plan showing the
placement of all structures, and detailed scaled elevation sketches or photographs of the
front and side elevations of all proposed and existing structures to remain. The applicant
may be required to furnish such additional information or supporting detail as may be
reasonably necessary to assure compliance with the standards herein.
Compatibility.
F.
While this Section is intended to promote quality development and eliminate conditions
of gross design incompatibility that have the potential for enduring a century or more, it
is not intended to stifle individuality or compel rigid conformity. Recognizing that great
2
diversity of style, often between homes side by side, is one of Denton’s central
neighborhood strengths, this section is set forth with the intention that the acceptable
level of compliance with these standards will be the minimum necessary to assure
compatibility, not conformity. This Section of the Code may be augmented by the
publication in the Criteria Manual of guidelines intended to illustrate the standards. Such
guidelines may be referenced in the interpretation and administration of the standards
herein.
Exclusions.
G.
The provisions of the Infill Special Purpose District may not be applied to the following:
1. Infill of an entire street whole block face;
2. Infill of an entire neighborhood;
3. Infill of land greater than two acres in size;
4. Infill land replatted into less than two acre lots after the effective date of the
adoption of this ordinance; or
5. Infill land located within the boundaries of any other Special Purpose or Overlay
district.
35.7.12.3 Development Standards.
This section sets standards for structure placement, height, scale, proportion, direction
emphasis, design details, texture, and materials.
A. Where a development is adjacent to a structure that is on the Texas or the U.S.
Natural Register of Historic Places or, is located on or within two blocks in any direction
of the Denton courthouse square or is adjacent to any historic or conservation district,
then the infill development must be compatible with established structures in the
neighborhood in accordance with the following standards:
1. Placement. No new or moved structure shall be located any closer nor any further
away from a street property line than the structure situated on either side of it.
Building separation shall be consistent with the general character of the
neighborhood. Primary structures shall be oriented with the front façade and
primary entrance facing the street or shall be oriented compatibly with the
neighborhood where the neighborhood orientation is not with the front façade and
primary entrance facing the street. Garages shall be located consistent with the
character of garage location in the neighborhood. Any lot located on an alley and
situated between structures that have vehicular access only to that alley shall be
developed with driveway access to the alley only. Review and approval of garage
placement under this section shall be consistent with other setback regulations and
exceptions of this Chapter and the building code and fire code.
2. Height, Scale and Proportion. The height of any structure shall be consistent with
the character of the neighborhood. Finished floor elevations (FFE), and front
yard grade elevations shall be similar to those adjacent structures unless the
Floodplain Administrator requires a higher FFE. Overall height, width, scale, and
3
general proportions shall be similar to or consistent with the character of the
neighborhood.
3. Roof style and pitch of the proposed structure shall be architecturally consistent
with the neighborhood character.
4. Facade, Materials and Detail. Where neighborhood character includes discernable
patterns of detail, including but not limited to, door and window trim, corner
boards, cornice details, railings, and shutters, the details of any primary structure
(or accessory structure visible from the public right of way) shall be compatible
with such character. Where neighborhood character includes open or enclosed
front porches, any primary structure shall include a similar porch. The materials
and relative proportions of doors and windows of the principal structure and any
accessory structure visible from the public right of way shall be compatible with
neighborhood character. Siding width shall be compatible with neighborhood
character. Exposed wood on any structure shall be painted or stained in a manner
generally compatible with neighborhood character.
5. Maximum Lot Coverage. Lot coverage shall be compatible with the existing
neighborhood character.
6. Front Yard Setbacks. Setbacks are as permitted by the underlying zone.
However, the contextual setback option may be granted by the Planning and
Development Director. A contextual setback is an average of the setbacks of
adjacent or abutting lots. In a case where an existing structure is located within
20-40 feet of the subject site and fronts the same street as the proposed building, a
front yard setback similar to that of the nearest primary structure shall be used.
“Similar” means the setback is within 0-10 feet of the setback provided by the
nearest structure or building. If there are two adjacent structures fronting onto the
same street, then an average measurement shall be taken using the two adjacent
structures. In no case shall the front yard setback be less than five feet, except in
the NRMU, DC-N and DC-G zoning districts, where there are no minimum front
yard setback requirements.
B. Tree Preservation and Landscape Requirements. Infill development, as defined in
this Chapter, shall be exempt from Subchapter 35.13.7.C. Street Tree Requirements.
Infill development, shall be exempt from Subchapter 35.13.10.C.3 (Landscaping
Standards where front parking is allowed). All other provisions of Subchapter 35.13.7
(Tree Preservation and Landscape Requirements) shall apply.
C. Parking. All requirements of Subchapter 35.14. (Parking Standards) shall apply.
For single-family dwellings on infill lots as described in this section, tandem parking
shall be allowed. Infill lots, as defined in this section, parking in front shall be allowed.
4
D. Zero-Lot Line Dwelling. Zero Lot Line Dwellings shall be permitted on infill lots
and are subject to the same standards as detached single family structures elsewhere in
this Chapter, except that the following additional provisions shall apply:
1. When a zero-lot line dwelling shares a side property line with a non-zero lot line
development, the zero-lot line dwelling shall be setback from the common
property line by a minimum of five feet regardless of the setback requirements of
the underlying zoning district;
2. Prior to building permit approval, the applicant shall submit a copy of a recorded
easement for every zero lot line house that guarantees rights for construction and
maintenance structures and yards. The easement shall stipulate that no fence or
other obstruction shall be placed in a manner that would prevent maintenance of
structures on the subject lot;
3. Placement and/or design of windows on the ground-floor of the zero-lot line
house shall support privacy for the occupants of the abutting lot as well as for the
proposed development; and
4. The development shall comply with the design standards in Subchapter 13 Site
Design of the Denton Development Code.
E. Sidewalk construction. In cases where infill development are required to
construct a sidewalk on abutting non-collector or non-arterial road rights of way pursuant
to Section 35.20.3.B of this code, and where sidewalk does not exist along said street in
front of both properties abutting the subject infill residential development site on the
same side of the street, infill development shall not be required to construct a sidewalk
along the non-collector and non-arterial street abutting the subject development.
F. Perimeter Paving Requirements/Road improvements on abutting non-collector
and non-arterial road rights-of way. In cases where a plat is required to construct a half-
street road on abutting public or private street rights-of-way pursuant to Section 35.20. L,
and where said street in front of both properties abutting the subject development site on
the same side of the street has not been improved to the subject standard, the subject
development shall not be required to construct a half-street road along the non-collector
and non-arterial street abutting the subject development. This section does not apply
where the development would occupy a full block face.
G. Unless otherwise noted in this Section, all other applicable standards of the
Denton Development Code and Criteria Manual shall apply.
5
Figure 35.7.12.2
6
Amendments to 35.13.13.3.C.2.b
Except as prohibited by Section 35.13.13.3.C.1.a. Infill parcels meeting the requirements
of Section 35.7.12.2 and the general regulations for parking in front of buildings set forth
in 35.13.13.3.C.3 are exempted from prohibitions against parking in front of buildings.
Amendments to 35.23.2 Definitions.
Infill Development: Development on vacant or underutilized parcels surrounded by
existing development that is contiguous on at least two sides for corner lots and
contiguous on at least three side for interior lots (existing development located directly in
front on the other side of the street may count as a side for interior lots only), no greater
than two acres in size, and is served with all or most public services and facilities,
including but not limited to water, wastewater and drainage. (This replaces the definition
currently in Section 35.23.2)
Neighborhood: a sub area of the City of Denton in which the residents (or non-
residential uses) share a common identity focused around a school, park, or community
business center that are generally within walking distance of the homes or businesses,
architecture, or other features with boundaries that may include highways, railroads or
such natural features as rivers. The neighborhood character shall be deemed to be the
prevailing character of structures within 300 feet in either direction along street frontages,
irrespective of intervening streets.
Zero lot line dwellings: Zero lot line dwellings are detached single-family dwellings that
have a side yard setback of zero feet on one side.
7
EXHIBIT 2
Infill Regulations Comparative Table
Item Infill Regulations Recommended for New Draft Comment
Approval
1 All applications for development for All applications for Language in
buildings, structures, and lots within development for buildings, blue added.
the Neighborhood Residential, structures, and lots within
Downtown Residential, and the Neighborhood
Downtown Core Zoning Districts that Residential and Downtown
are no greater than two acres may University Core Zoning
utilitize the flexibility, restrictions, Districts that are no greater
limitations, and provisions of the Infill than two acres may utilize
and Redevelopment Zone regulations the flexibility, restrictions,
as provided for in this article. limitations, and provisions
of the Infill Special
Purpose District
regulations as provided in
this article, provided that
the proposed area has not
been replatted into less
than two acre lots after the
effective date of the
adoption of this ordinance,
provided that they lie fully
within the boundaries of
the Infill Special Purpose
District, and provided that
they do not fall within any
other Special Purpose or
Overlay district.
2 None Zero-lot line housing Language in
(permitted only within the blue added.
Neighborhood Residential
and University Core
Zoning Districts)
3 Applicants proposing to develop on Applicants proposing to Language in red
infill lots meeting the characteristics develop on infill lots deleted.
of this district must conduct at least meeting the characteristics
one neighborhood meeting prior to of this district shall conduct Language in
public hearing at Planning and Zoning at least one neighborhood blue added.
Commission or staff approval which meeting prior to the
ever is earlier.approval by the
Development Review
Committee Chair. Property
owners and current
residents within 200 feet of
the subject property shall
be notified 10 days prior to
the neighborhood meeting
by the applicant. The
neighborhood meeting
shall be held at a public
facility, such as a public
library or community
center in close proximity of
the subject property.
4Development fees may be reduced by Language on
the City Council if the proposed impact feeswas
development exceeds these infill deleted.
standards and exceeds the city’s
economic development goals. Where
higher densities are appropriate in the
NRMU and Downtown University
Core Zoning Districts within the IRZ,
park, water and sewer impact fees
may be discounted by the City
Council.
5 This section does not apply to the The provisions of the Infill Language in red
following:Special Purpose District deleted.
1. Infill or redevelopment of may not be applied to the
an entire street block face following:Language in
or1. Infill of an entire street blue added.
2. Infill or redevelopment of whole block face or
an entire neighborhood or 2. Infill of an entire
Infillor redevelopment of neighborhood or
land greater than two 3. Infill of land greater
acres in sizethan two acres in size
4. Infill land replatted
into less than two acre
lots after the effective
date of the adoption of
this ordinance; or
Infill land located
within the boundaries
of any other Special
Purpose or Overlay
district.
6 None Where a development is Language in
proposed adjacent to a blue added.
structure that is on the
Texas or the U.S. Natural
Register of Historic Places
or, is located on or within
two blocks in any direction
of the Denton courthouse
square or is adjacent to any
historic or conservation
district, then the infill
development must be
compatible with
established structures in the
neighborhood in
accordance with the
following standards:
7 Tree Preservation and Landscape Tree Preservation and Language in red
Requirements. Infill development, as Landscape Requirements. exempting street
defined in this Chapter, shall be Infill development, shall be tree
exempt from Subchapter 35.13.7.C. exempt from Subchapter requirements
Street Tree Requirements. All other 35.13.10.C.3 (Landscaping will remain.
provisions of 35.13.7 (Tree Standards where front
Preservation and Landscape parking is allowed). All Language in
Requirements) apply. other provisions of blue added.
Subchapter 35.13.7 (Tree
Preservation and
Landscape Requirements)
shall apply.
8 Parking. All requirements of Parking. All requirements Language in
Subchapter 35.14. (Parking Standards) of Subchapter 35.14. blue added.
shall apply. For single-family (Parking Standards) shall
dwellings on infill lots as described in apply. For single-family
this section, tandem parking shall be dwellings on infill lots as
allowed.described in this section,
tandem parking shall be
allowed.Infill lots as
defined in this section,
parking in front shall be
allowed.
9Lot size. Developable infill lots must Language on lot
be at least eighty percent of the sizewas deleted.
required minimum lot size of the
underlying zoning district. In no case
shall a lot be less than 3,000 square
feet in area, except in NRMU where
the minimum lot size is 2500 square
feet.
10Sidewalk construction. In cases where Language in red
infill development is required to exempting
construct a sidewalk on abutting non-sidewalk
collector or non-arterial road rights of construction
way pursuant to Section 35.20.3.B of requirements
this code, and where sidewalk does will remain.
not exist along said street in front of
both properties abutting the subject
infill residential development site on
the same side of the street, infill
development shall not be required to
construct a sidewalk along the non-
collector and non-arterial street
abutting the subject development.
11Perimeter Paving Requirements/Road Language in red
improvements on abutting non-exempting
collector and non-arterial road rights-perimeter paving
of way. In cases where a plat is requirements/roa
required to construct a half-street road d improvements
on abutting public or private street requirements
rights-of-way pursuant to Section will remain.
35.20. L, and where said street in front
of one or both properties abutting the
subject development site on the same
side of the street has not been
improved to the subject standard, the
subject development shall not be
required to construct a half-street road
along the non-collector and non-
arterial street abutting the subject
development. This section does not
apply where the development would
occupy a full block face.
12 The boundary of the Infill and The boundary of the Infill Figure 35.7.12.2
Redevelopment Zone shall be shown Special Purpose District is Infill Map
on the official zoning map of the City shown on Figure 35.7.12.2.added.
of Denton or on a separate map
maintained in the office of the Language in red
Director of Planning and deleted.
Development.
Language in
blue added.
Infill Development: Development Infill Development:
13Language in
blue added.
on vacant or underutilized parcels Development on vacant
surrounded by existing or underutilized parcels
development that is contiguous on surrounded by existing
at least three sides, no greater than development that is
two acres in size, and is served contiguous on at least
with all or most public services and two sides for corner lots
facilities, including but not limited and contiguous on at
to water, wastewater and drainage. least three side for
(This replaces the definition interior lots (existing
currently in Section 35.23.2)development located
directly in front on the
other side of the street
may count as a side for
interior lots only), no
greater than two acres in
size, and is served with
all or most public
services and facilities,
including but not limited
to water, wastewater and
drainage. (This replaces
the definition currently
in Section 35.23.2)
14Redevelopment: The demolition of an Definition for
existing building and new construction redevelopment
on the same site (or assemblage of was deleted.
parcels).
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