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HomeMy WebLinkAboutPD24-0004bORDINANCE NO. PD24-OO04b AN ORD[NANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 3 (R3) DISTRICT TO A PLANNED DEVELOPMENT WITH A BASE DISTRICT OF RESIDENTIAL 6 (PD-R6) ON APPROXIMATELY 12.1 ACRES OF LAND GENERALLY LOCATED NORTH OF EAST MCKINNEY STREET, SOUTH OF PAISLEY STREET, APPROXIMATELY 1,200 FEET EAST OF THE INTERSECTION OF EAST MCKINNEY STREET AND MACK DRIVE. IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVID[NG A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PD24-OO04b, VILLAGES ON MCKINNEY) WHEREAS, Aspire Real Estate Services LLC and OMA Denton LLC have requested a zoning change from Residential 3 (R3) to a Planned Development with a base district of Residential 6 (PD-R6) on approximately 12.1 acres of land, legally described in Exhibit “A“ (hereinafter, the “Property”); and WHEREAS, on October 9, 2024, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended denial (4-1) of the amendment; and WHEREAS, on October 15, 2024, 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 for a zoning change to a Planned Development (PD) District set forth in Section 2.7.3 of the Denton Development Code, and is consistent with the Denton 2040 Comprehensive Plan and the Denton Development Code; and WHEREAS, the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property, has, by a 3/4 majority, determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted 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. The zoning district and use classification for the Property is hereby changed from Residential 3 (R3) to Planned Development with a base district of Residential 6 (PD-R6). The Development Standards for the Property are described in Exhibit “B” attached hereto and incorporated herein by reference, and the PD Development Plans depicting the proposed development layout for the Property is provided in Exhibit “C” attached hereto and incorporated herein by reference. Development of the Property shall be in accordance with the Development Standards in Exhibit “B“ and the Development Plans in Exhibit “C”. SECTION 3. The City’s official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance 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 5. 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 6. 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 ordinance was made by Gerard Hudspeth and seconded by Vicki Byrd, the ordinance was passed and approved by the following vote [6 - 1]: Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X X X X Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4:X Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the 15th day of October, 2024. GERARD HUDSPETH, MAYOR Page 2 of 6 ATTEST: LAUREN THODEN, CITY SECRETARY .*: APPROVED AS TO LEGAL FORM: MACK REINWAND CITY ATTORNEY BY: Page 3 of 6 EXHIBIT A CHISHOLM TR&n UND SURMYW6 TX FIRM #10194767 LEGAL DESCRIPTION 12.070 Acres BEING all of that certain tract of land situated in the M.E.P. & P.R.R. Co. Survey, Abstract No.’s 1473 and 1475, City of Denton, Denton County, Texas, and being all of a called 10.80 acre tract of land described as Tract 1 , a called 0.419 acre tract of land described as Tract 3 and a tract of land described as Tract 4 in the deed to Aspire Real Estate Service, LLC, recorded in Instrument No. 20210602000740, Official Public Records of Denton County, Texas, and all of Lot IX, Open Space, Block E of Summer Oaks Addition, an addition to the City of Denton, Texas, according to the plat thereof recorded in Instrument No. 2014-154, Plat Records of Denton County, Texas, and being more particularly described as follows BEGINNING at a 1/2-inch iron rod with a cap stamped “BISON CREEK” found in the northerly right-of-way line of Paisley Street for the southwest corner of said Lot IX and at the beginning of a curve to the left; THENCE with the southerly right-of-way line and the northerly line of said Lot IX, the following courses : 1. Northeasterly with said curve to the left having a radius of 530.00 feet, a delta angle of 16'17’32”, an arc length of 150.71 feet, a chord bearing of North 82'19’05” East and chord distance of 150.20 feet to a 5/8-inch iron rod with cap stamped “PELETON” found at the beginning of a curve to the right; 2. Northeasterly with said curve to the right having a radius of 470.07 feet, a delta angle of 15'01 ’36”, an arc length of 123.28 feet, a chord bearing of North 81'40’56” East and chord distance of 122.93 feet to a 5/8-inch iron rod with cap stamped “PELETON” found at the end of said curve; 3 North 89'21’59” East, a distance of 25.98 feet to a point for the northeast corner of said Lot IX, common to the northwest corner of Maple Leaf Homes Addition, an addition to the City of Denton, Texas, according to the plat thereof recorded in Instrument No. 2005- 68567, said Plat Records, from which a 5/8-inch iron rod with cap stamped “PELETON” found bears South 74'24’37” West, a distance of 0.54 feet; THENCE South 01'14’36” West, with the easterly line of said Lot IX and the westerly line of said Maple Leaf Homes Addition, passing at a distance of 60.58 feet a 1/2-inch iron rod with a cap stamped “BISON CREEK” found for the southeast corner of said Lot IX, common to the northeast corner of said Tract 1 , continuing on said course with the easterly line of said Tract 1 , passing at a distance of 1 ,529.61 feet a 1/2-inch iron rod found for the southwest corner of said Maple Leaf Homes Addition, common to the northwest corner of a called 3.800 acre tract of land described in the deed to Realton Ventures LLC, recorded in Instrument No. 2022-65315, said Official Public Records, continuing on said course with the westerly line of said 3.800 are tract, passing at a distance of 1,867.70 feet a 1/2-inch iron rod found for the southeast corner of said Tract 1, common to the northeast corner of said Tract 4, continuing on said course with the easterly line of said Tract 4, a total distance of 2,076.94 feet to point in the northerly right-of-way line of E. McKinney Street (Farm to Market 426) for the southeast corner of said Tract 4; eHrsH©Lr4 TRArb LaNn §URV£YINa TX FIRM #10194767 THENCE North 73'59’00” West, with the northerly right-of-way line of said E. McKinney Street and the southerly line of said Tract 4, a distance of 143.62 feet to a 1/2-inch iron rod found for the southwest corner of said Tract 4, common to the southeast corner of said Tract 3; THENCE North 73'18’35” West, contInuing with the northerly right-of-way line of said E. McKinney Street and with the southerly line of said Tract 3, a distance of 108.67 feet to a point for the southwest corner of said Tract 3, THENCE North 00'46’01 ” East, with the westerly line of said Tract 3, passing at a distance of 8.69 feet a 1/2-inch iron rod with a cap stamped “KERN” found for the southeast corner of Lot 1 , Block A of Fountains of Denton, an addition to the City of Denton, Texas, according to the plat thereof recorded in Instrument No. 99-R01027333, said Plat Records, continuing on said course with the easterly lines of said Lot 1, Block A, Sumrnerwind, Phase 1, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet F, Page 66, said Plat Records, and said Summer Oaks Addition, for a total distance of 2,014.61 feet to a 1/2-inch iron rod found for the northwest corner of said Tract 1 , common to the a re-entrant corner of said Summer Oaks Addition and the southwest corner of said Lot IX; THENCE North 02'45’24” West, with the westerly line of said Lot IX, a distance of 14.44 feet to the POINT OF BEGINNING and enclosing 12.070 acres (525,781 square feet) of land, more or less /eea #–May 5th, 2024 Michael R. Kersten Registered Professional Land Surveyor Texas Registration 6677 Date Exhibit B Page 6 of 6 Exhibit B - DEVELOPMENT STANDARDS PD24-0004 Villages on McKinney Street PD-R6, Single-Family Detached Dwelling Unit Land Use - 12.1 acres City of Denton, Denton County, Texas SECTION 1: Purpose Statement The purpose of the proposed Planned Development (PD) District is to facilitate a residential community of Zero Lot Line Dwellings on a long, narrow +/-12.1-acre parcel (the “Property") located between E. McKinney Street and Paisley Street in the City of Denton, Denton County, Texas. The proposed PD will be known as 'Villages on McKinney Street’. The proposed development will be pedestrian oriented with connectivity to the existing single- family neighborhoods. Architectural consistency and compatibility are intended to complement the character of the surrounding neighborhoods and integrate common, thematic architectural elements, color palettes, and characteristics throughout the development. The regulations set forth in these development standards are for the PD District which consists of approximately 12.1 acres described in Exhibit A. SECTION 2: Definitions Zero Lot Line Dwellings: Detached single-family dwellings arranged on individual lots with one side wall located directly on a side property line. SECTION 3:Permitted Uses and Dimensional Standards Where modifications are not expressly authorized within the Planned Development Standards, all requirements of the Denton Development Code, as amended, must be met. The property shall be developed in accordance with the uses of the Residential 6 (R6) District except as provided below. 3.1.1 Permitted Uses (DDC 5.2.3): Primary Uses: The following are the only primary uses allowed within this PD District. Zero Lot Line Dwelling Short Term Rental Park, playground, open space Amenity Center Outdoor Recreation Facility Accessory Uses: The following accessory uses are only allowed within this PD District. Park, Playground, or Open Space Outdoor Recreation Facility Mail Kiosk Temporary Construction Office Model Home Home Occupation 3.1.2 3.2 Prohibited Uses: Any land use not expressly permitted within these PD District Standards. Dimensional Standards: The property shall be developed in accordance with the Development Plan attached as Exhibit D and shall follow the development standards as outlined in Section 3.2 below. Minimum Lot Dimensions Lot area: Lot width : 1,850 square feet 25 feet Lot depth : 70 feet Minimum Setbacks: Front yard: Side yard: 20 feet 0 feet and 3 feet Each lot shall have a 0-foot side yard setback and a minimum 3-foot setback for the opposite side yard lot line, in accordance with the Development Plan attached as Exhibit D. Rear yard :5 feet Other Standards: Building height (maximum): 2-story and 40 feet Building coverage (maximum): 85% Maximum number of dwelling units: 119 units SECTION 4: Development Standards This PD District shall comply with the development standards listed in this Section below, and shall be in accordance with the Zoning Plan, Development Plan, Landscape and Open Space Plan, and Building Elevations attached as Exhibits C through F respectively. Otherwise, all requirements of the 2019 Edition of the Denton Development Code (DDC) shall apply except where modified herein. 4.1 Landscape Standards 4.1.1 Screening Landscaped open space lots are required for screening on both sides of the proposed north-south street right-of-way at the north and south entrances into the development. A minimum of ten percent (10%) of these open space lots shall be landscaped in accordance with the Landscape and Open Space Plan attached as Exhibit E. Mechanical equipment shall be located in the rear yard or within the side yard outside of the 3-foot setback No mechanical equipment shall be allowed on the zero-side lot line. 4.1.2 Minimum Landscaping Front yard landscaping shall be a minimum 10% of the front yard area. Rear yard landscaping shall be a minimum 10% of the rear yard area. Single-family lots within this PD District are exempt from the requirement for one large shade tree per dwelling in DDC Section 7.7.5E.1. 4.1.3 Street Trees Street trees shall be located within the street right-of-way of the proposed north-south street, Aspen Hill Drive extension, and Silver Sage Drive extension, and within private open space lots, in accordance with Exhibit E unless otherwise determined by the Director (as defined by the DDC). A minimum of 1 street tree is required for every 50 feet of street frontage. 4.2 Parking Standards 4.2.1 Amount of off-street parking required The minimum parking requirement is four (4) spaces per single-family lot plus one guest space per 6 single-family lots 4.3 Site and Building Design Standards 4.3.1 Architectural Requirements In addition to the required design features in DDC Section 7.10.3E, each dwelling will provide at least three (3) of the following: a. Two decorative wall sconces; b. Three decorative corbels; c. The front and back elevation of the second-floor waII area to be comprised of a minimum 20% of windows; d. Structural awning covering at least one window; e. Transom window over the front door; f. Windows to comprise a minimum 10% of the garage door; g. Window shutters. 4.3.2 Open Space A minimum of 10% of the PD District acreage shall be platted and maintained as permanent open space. All open space lots shall be conveyed to the homeowners' association which will hold the land in common ownership and will be responsible for managing and maintaining the land for its intended open space purposes. The attached Landscape and Open Space Plan reflects a minimum of four (4) Open Space areas. Each Open Space area shall contain landscaped area and planting materials as shown in the attached Landscape and Open Space Plan (Exhibit E). A minimum of three (3) items from the list below shall be provided and maintained within the PD District and shall be located within any of the four (4) open space areas: • Butterfly garden or pollinator garden that includes native milkweed and nectar plants comprising a minimum 10 percent (10%) of an open space lot • Seating for minimum 8 people • 1,250 square foot (minimum) play structure • Outdoor exercise station • Public art • Naturalized area with native grasses, landscaping boulders, etc. Open Space B as shown on the attached Landscape and Open Space plan (Exhibit E) shall contain a minimum width 10-foot bike/pedestrian trail that spans the length of the open space and shall be open to the public as part of the City of Denton overall trail system including dedicatIon of public access easement if required by the Director (as defined in the DDC). If stormwater detention is required for the development of the PD District, the stormwater detention area shall not be credited toward the minimum open space requirement. 4.4 Access and Circulation 4.4.1 Street Design: A minimum of three traffic calming measures shall be utilized within public street right- of-way in the PD District, including, but not limited to, traffic circle (with surmountable curb), speed cushions, and / or speed tables, subject to approval of the Director (as defined in the DDC). Any landscape islands installed within the public right-of-way must be constructed with a surmountable curb and landscaping which does not impede visibility. An Engineering Variance was granted in accordance with the Transportation Criteria Manual to reduce the proposed north-south street minimum right-of-way width from 55 feet to 51 feet. On street parallel parking spaces shall be limited to one side of the street to accommodate the reduced width as shown on the Development Plan (Exhibit D). An Engineering Variance was granted in accordance with the Transportation Criteria Manual to reduce the minimum left turn storage length of on secondary arterial road (East McKinney Street) to 50 feet. 4.5 Electric Standards The minimum clearance from electric distribution lines shall be 13.5 feet from the centerline of the distribution pole(s) supporting the existing overhead line adjacent to the west property boundary. SECTION 5: Subdivision The PD District shall follow all subdivision standards in DDC Subchapter 8, as amended, with the addition of the following: A public access and maintenance easement for the benefit of the adjacent property owner shall be dedicated within the 3-foot side yard for each single-family lot. SECTION 6: Development Phasing The PD District will be developed in a single phase. 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