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Home My WebLink AboutZ21-0019aORDINANCE NO. 22 1-0019a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE rN THEZONING DiSTRICT AND USE CLASSIFICATION FROM THE RAYZOR RANCH OVERLAY (RRO) DISTRICT TO MIXED-USE NEIGHBORHOOD (MN) DISTRICT,THEREBY AMEND[NG THE RAYZOR RANCH OVERLAY DISTRICT CONCEPT PLANAND ZONING MAP EXHIBITS, FOR APPROXIMATYELY 3.819 ACRES OF LANDGENERALLY LOCATED WEST OF BONNIE BRAE STREET BETWEEN LINDEN DRIVE AND PANHANDLE STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDINGFOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONSTHEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (221- 00 19a) WHEREAS, the owner(s) of approximately 3.819 acres of property within the South Campus of the Rayzor Ranch Overlay District, which is more particularly described as Lot IR andLot IR2, Block C of Rayzor Ranch East as depicted in Exhibit “A”, attached hereto and incorporated by reference as if set forth at length herein (hereinafter the “Property”), have applied for an amendment of the Rayzor Ranch Overlay District to amend the concept and zoning map exhibits and rezone the Property from the Rayzor Ranch Overlay (RRO) District to Mixed-Use Neighborhood (MN) District; and WHEREAS, the Denton Development Code authorizes the City Council to approve overlay districts 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 and contain such reasonable and necessary requirements to insure the protection and enhancement of said land and structures; and WHEREAS, the Denton Development Code authorizes the City Council to approve overlay districts to establish specific design standards and development regulations to effectuate the purpose of the district, and may require or address any of the following, in addition to or in lieu of other regulations affecting the property within the 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; and (4) other matters as appropriate to promote the special public interests of the district; and WHEREAS, on June 15, 2010 the City Council held a public hearing as required by lawand approved the modified Rayzor Ranch Overlay District under Ordinance No. 2010-158, which incorporated additional regulations under Ordinance 2008-018; and WHEREAS, on January 26, 2016 the City Council held a public hearing as required by law and approved the modified Rayzor Ranch Overlay District under Ordinance No. 2016-0 17, which amended regulations under Ordinance 2010- 158; and WHEREAS, on August 10, 2021, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after having given the requisite notices by publication and Page 1 of 4 otherwise, held a public hearing and afforded full and fair hearing to all property owners interested in this regard, and have recommended approval (5-0) of the changes in this ordinance; and WHEREAS, on September 20, 2022, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the Denton 2040 Comprehensive Plan and the Denton Code of Ordinances, as amended; and WHEREAS, the City Council finds that the modified Rayzor Ranch Overlay District serves a public purpose by permitting the development of a regional shopping center and complementary peripheral development to create a unique, wallcable, mixed-use style of development that will set it apart from other shopping centers in the area; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the overlay changes in this ordinance and the application for a change in the zoning classification of the Property, have determined that the changes are in the best interests of the health, safety, morals, and general welfare of the City of Denton, are consistent with Denton 2040 Comprehensive Plan, will protect and enhance the Property, and accordingly, the City Council of the City of Denton is of the opinion and finds that the said overlay changes should begranted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Ordinance Nos. 2016-0 17, 2010- 158 and 2008-0 18 are only amended to the extent that they are inconsistent with the changes as established herein. Any provisions not addressed by this ordinance shall continue with full force and effect and any official actions taken as a result of the original ordinances prior to the effective date of this ordinance are hereby ratified, affirmed, and adopted. Nothing herein shall repeal or modify any permit approvals for property within the Rayzor Ranch Overlay Distri/&oved prior to the effective date of this ordinance, including, but not limited to, approvegMt’ Z. plats, and building permits and/or any rights that may be associated with those pe SECTION 3. The cKco£p£l hereby adopts these amendments to the Rayzor RanchOverlay District: the amendmc IIK to Rayzor Ranch Overlay District Exhibits B-1 and B-4 as provided in Exhibits “B“ and “C”, respectively. SECTION 4. The zoning district and use classification for the Property is hereby changed from the Rayzor Ranch Overlay (RRO) District to Mixed-Use Neighborhood (MN) District. SECTION 5. The City’s official zoning map is hereby amended to show the establishedzoning district and use classification Page 2 of 4 SECTION 6. If any provision of this ordinance or the application thereof to any person orcircumstance is held invalid by any court, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 7. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 8. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to approve this ordinanceseconded by CArts u)d\ \ the following vote [I - a] : andwas made by aD the ordinance was passeYand approved by @ NIa / Abstain Absent Gerard Hudspeth, Mayor:b/ br \/ Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis, District 3 : Alison Maguire, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED this the AD& ATTEST: ROSA RIOS, CITY SECRETARY Page 3 of 4 APPROVED AS TO LEGAL FORM:MACK REINWAND. CITY ATTORNEYIh%'& ULm%on BY: J - 11,30,26-05'oo‘ Page 4 of 4 II !iiiji}, B { {} {! !! ! !! ! ! !!! iii! ! i tIigia : ! } I1 ! XI3 I !! ! ! ! ! ! i El ;i j i ! i i ! ! ! !t ! ! 8i FOR aEBIIaN QOUNFr USE ONLY : gg ! ! !!!!jig! g g g ; } { { ! ! ! ! ! A+eaw}xlnnooNarHlau,au !'! !'i It gBgIl [!!!1:2 ;}ii;ii: ;$$$ __ 1IPL,_ I__ i n Be a UKbe IV iba– a v uy1,val133111 S 3vu6 aNtgod ij I ; ! ! ! ! I iii I I I g el –*– I;BJ Exhibit B Development Standards EXHIBIT B-1 Adjacent Ownership Information . North LdjxeHt ?ro9•rtyOwnenh9 nmb at U l•rrn• W Crryburt•lbCFZIClaReISnr+++,eUr n2tT7 HenRI Sb=:J= ==::lie a=PIE 1::: 1:MAEP C==tel::::f::IT:•n?{iT:::+== >7w7.101 HK :;b end l\=::UL'iHlFEin =[ ::: = :1===:1 :: : :i:a::)(1 :i;!;!I =1 =fTHENmMrUn nun&•• n nn••er•r::::::I na8n••4rn• n===::::TbvrnrthlUavhnThZUrnU=•mnrn BIN!=r=HaIR:iT;iI:nm•nnngTheUna ITqaUPn :dir:rbarerr)Th,•VqnC8 ab+uRI lb•b•UIBanSTORM WATER COFIROL m""-'""-'”’'’'"" ==F=----' SIU I OPEN SPACE / =:1 1'=::=; run” -" ::,I.H' IMIUHB6 AmPIPS1 \An4=R= gEE: i ig:L&PYIO :£Xyt :I=:: :nEZ Concel ;chematic Plan 1. Sin;!+Far£/ IUDam th=I b. 1 Be<hxxxn gn8ter ttw1 5CX)sf&drna£Rn: HmHaI. R&Hr,Hd Ho„sb,g3. Qaa(gH)HH)fIfth fr7vv€rgU fearsRaul HI;bnPJ1.S space/ura==r:$oace/bedrovn newE::fl::::W35=:1 Wca3GOgfI q3culc>ast RR-2 M-21 IT:= :+ SOUTH:RR-2SOUTHRRLP fRf OMESubRatDn Mg Ri-2 mHHFEM0 /SF HOTEL /RR/ 0 /MF MMM0 /SF T L-2 MO NOTI PAI iI o EEg :;8NPiO#5:=q}E£. i DRILiPAD i (6) iII[caTIHi]RR /0 / MF 0 CAtt?roekn': Hospit: 1 := =IT:)n / Adjacent Ownership InformatIon - South :#an# hn•'tv OwrwsUeW•st dBa-6.bO=h Qarlb#iM:H.„. VPn fI n in Un .nR PZIVUr S=31====n==:#=Benn iL n w I = : Fs%F8 :$o( PrIE:ulJR; !)a u m 1qR z NOT A PART \THEOF USES SHOWN MAY BE MADE TO ALIGNWITH ROADWAYS. PHASING OR PLATTING CONCEPT PLANRAYZOR RANCH ALLEaANCE HLLVEW LP5221 h OtChNCR\r1ht: OTNER/DEVELOPER 149.58 ACRES OF LAND FRANCIS North of 380 South of 380 BATSON SURVEY ABSTRACT NO 237.05 ACRES OF LAND IN THEB.B.B. & C.R.R. SURVEY DLHAWAY ASSoaATES, LF350 BAttY AVE, SITE +CXIF(HT WWt( TX 761C17 A-43 LOCATED IN THE CITY OF DENTON. DENTON COUNTY. ABSTRACT NO. A-192 LOCATED TEXAS Date: 9-19-22 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS Exhibit C EXHIBIT B-4 Zoning Overlay ZONING §tXR§SISXtSI+I LEGENDM RCC-D g///dNRMU : __ ICM-G =I NRMU-12F=q DC-G :\\~\ I NR-3 I NR-2-Red:b NR-2 RR-i BR-2 :+:+It[SOUTHRR-2 }MMRR-2 CM-G b-oathRR-?iKeill-RR-+ "sdOiiRR-2 *FF+\DRR /0/MF U[tilliB NRM IC-E hR-1 INOT PAR ( ang )bb ~SOUTH RR-2 dpaJ g)At})STORM WATERCONTROL/ 6 _ nHIBHln PROPOSED OVERLAYbliTRlei-2 -(+7.jq 4 ACRES)RAYZOR RANCH SOUTH CAMPUS B•••B PROPOSED OVERLAYDISTRlef-+ (+/-48.8 ACRES) luHnulln PROPOSED OVERLAY ; TOWN CENTERDIS-TR-Iet-(+-/-51 ACRES) 'HOTEt/RR /0 / MF nInl= PROPOSED OVERLAY = S.OUTH -RR-2 nIl•Hn PROPOSED OVERLAY = soLrrH MIXED USEDIS-TMC:i (+-/.150 ACRES) NOTE: ADJUSTMENT IN DIVISION LINESOF USES SHOWN MAY BE MADE TO ALIGtWITH ROADWAYS, PHASING OR PLATTING ENTIRETY OF PROJECT LIES WITHINCITY LIMITS OF DENTON RAYZOR RANCH CONCEPT SCHEMATIC PLAN 9-19-22 ZONING OVERLAY