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HomeMy WebLinkAboutPDA24-0003aORDINANCE NO. PDA24-0003a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 1 (Rl) AND RURAL RESIDENTIAL (RR) DISTRICTS TO A PLANNED DEVELOPMENT WITH A BASE ZONING OF RESIDENTIAL 4 (PD-R4) DISTRICT ON APPROXIMATELY 15.44 ACRES OF LAND GENERALLY LOCATED NORTHEAST OF THE INTERSECTION OF US 377 AND BRUSH CREEK ROAD, 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; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE (PD24-0003a, The Reserves at Brush Creek) WHEREAS, Omar Oweis, of Red Rock Consulting Group, LLC., applied on behalf of the property owner, Deno Maggi, to rezone approximately 15.44 acres from Rural Residential (RR) and Residential 1 (Rl) Districts to a Planned Development Residential 4 (PD-R4) District, legally described and depicted in Exhibit “A” (hereinafter, the “Property”); and WHEREAS, on November 13, 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 approval (3-1) of the amendment; and WHEREAS, on December 3, 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 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 Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property, have 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 Rural Residential (RR) and Residential 1 (Rl) Districts to a Planned Development Residential 4 (PD-R4) District. 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 Jill Jester and seconded by Joe Holland, the ordinance was passed and approved by the following vote [5 - 2] : Aye X X Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2:X XPaul Meltzer, District 3 : Joe Holland, District 4 :X Brandon Chase McGee, At Large Place 5 :X Jill Jester, At Large Place 6:X PASSED AND APPROVED this the 3rd day of December, 2024. Page 2 of 4 GERARD HUDSPETH, MAYOR ATTEST : LAUREN THODEN, CITY SECRETARY -*: PaM„Adhd- APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 3 of 4 Exhibit A BEING a 15.zU-acre tract of land located in the J. Severe Survey Abstract No. 11M and the BBBB &C RR Survey No. 160, Denton, Denton County, Texas, being part of Tracts 1& 2 as described in Warranty Deed with Vendor’s Lien to MMRQ Land L.P. as recorded in Instrument No. 2014-93723, Official Records Denton County, Texas and being more particularly described as follows: BEGINNING at a found %-inch iron rod for the northeast corner of said Tract 2, being the northwest corner of Lot 7, Block A, Kiowa Trail Estates, an Addition to the City of Denton, Denton County Texas, as recorded in Cabinet F, Page 277, Plat Records Denton County Texas (PRDCT) and being on the southerly line of Bassinger Addition, an Addition to Denton, Texas as recorded in Document No. 2014-204, PRDCT; THENCE S 07'01’55” W with the west line of Kiowa Trail Estates, at a distance of 612.66 feet pass a found 1/2-inch iron rod for the southwest corner of said Addition, at a distance of 104 1.47 feet pass a found iron rod, continuing for a total distance of 1064.77 feet to a point for corner in Brush Creek Drive (a variable width prescriptive roadway); THENCE N 89c’41’02” W with the south line of the herein described parcel and in said roadway, a distance of 532.18 feet to a point for comer; THENCE N 00'14’40” W leaving said roadway, a distance of 376.68 feet to a point for corner; THENCE S 89'45’20” W, a distance of 142.92 feet to a point for corner; THENCE N 00'>14’40” W, a distance of 33.26 feet to a point for corner; THENCE N 62Q29’06” W, a distance of 69.13 feet to a point for corner on the easterly right of way line for US Highway 377 (variable width right of way); THENCE northerly with said right of way line as follows: N 21'55’58” E, a distance of 1 34.29 feet to a found TxDOT concrete monument; N 27c’41 ’48” E, a distance of 53 1.88 feet to a point for the northwest corner of the herein described tract; THENCE N 88a17’26” E leaving said right of way line and with the aforesaid southerly line of the Basinger Addition, a distance of 571.38 feet to the POINT OF BEGINNING and containing 15.44-acres of land, more or less Bearings heron determined by GPS observation, giving the monument east line of the subject parcel a bearing of S 07<>01 ’55” W. Page 4 of 4 EXHIBIT B - DEVELOPMENT STANDARDS PD24-0003, BRUSH CREEK SINGLE FAMILY DEVELOPMENT PD-R4, Single-Family Living Use for 15.44 acres City of Denton, Denton County, Texas SECTION 1: Purpose Statement The purpose of the proposed Planned Development (PD) is to establish a single-family residential development with privately owned and maintained roadways at the intersection of Brush Creek Road and Highway US 377. The regulations set forth in these development standards are for the PD District which consists of approximately 15.44 acres as described in Exhibit A. SECTION 2: Definitions This PD introduces the definition Lot Width, Type B, in addition to those uses that are defined within Subchapter 9 – Definitions of the 2019 Edition of the Denton Development Code (DDC), as amended. Lot Width, Type A: Type A lots shall follow the definition for Lot Width as defined in in the Denton Development Code. Lot Width, Type B: Applies to lots with trapezoidal shape fronting a street knuckle. Lot width shall be measured at the front setback line. (See Exhibit C, Sheet EX-C3 ) SECTION 3-Zoning 3.1-Purpose and Organization 3.1.1-Purpose This PD shall follow the development standards only as provided for in the Residential 4 (R4) District of the Denton Development Code (DDC), as amended. The permitted uses allowed within this PD District shall be limited to only those primary and accessory uses listed in Section 3.1.2 below. Otherwise, all requirements of the 2019 Edition of the Denton Development Code (DDC), as amended, shall apply except where modified herein. 3.1.2-Permitted Uses A. Primary Uses Single-Family Detached Dwelling B. Accessory Uses Accessory Dwellings Home Occupations C. Accessory Structures Swimming Pools Detached Garages Carports 3.2-R4-Residential A. Dimensional standards required for the R4 Zoning District as provided for in DDC Subsection 3.2.5, R4-Residential shall apply to this development, except as amended in this section. B. R4 District Dimensional Standards. Table 3.2-E: R4 District Dimensional Standards Dimensional Standards Lot Dimensions (Minimum) A. Minimum lot area of 7,000 square feet B. Minimum lot width of 60 feet C. Minimum lot depth of 120 feet Setbacks (Minimum) D. Front yard = 16 feet E. Side Yard = 5 feet F. Corner Side Yard = 10 feet G. Rear yard = 20 feet Other Standards Building coverage (maximum) ; 55 percent C. Amenities Developer shall provide no fewer than three (3) of the following amenities as part of the development: 1- 2- 3- 4- 5- Playground Benches around pond Fountain in Retention Pond Pergola/gathering area Dog Park SECTION 4: Development Standards 4.1-Purpose A. This PD shall comply with the development standards listed in this section below, and in accordance with the Development Plan as shown on Exhibit C. 4.2 Landscape Standards 4.2.1- Purpose. A. All requirements of DDC Subchapter 7.7, Landscaping, Screening, Buffering, and Fences shall apply to this PD, except where amended by this Section. 4.2.2-Street Tree Requirements A. Purpose. In circumstances where the spacing requirements of DDC Subsection 7.7.7 cannot be met along existing and proposed right-of-way (public and private), minimum planting quantity is achieved by utilizing alternative locations and planting street trees outside of the rIght-of-way and in Homeowner’s Association Lots. B. A total of 15 street trees shall be planted in Homeowner's Association Lots to meet minimum street tree requirements, and locations are depicted in Exhibit C, Sheet Ll. 4.2.3-Compatibility Landscape Buffer Requirements A. Purpose. The following landscape elements shall be utilized to meet a portion of the requirements in addition to those requirements specified within Table 7.F: Buffer Points and Minimum Width Requirements. B. Buffer locations. 1.The eastern property line of the PD District shall have a 10-foot-wide landscape buffer extending along the entire property line but offset 10-feet to the west of said eastern property line (refer to Exhibit C, Sheet Ll). a. A solid masonry wall (minimum of 6 feet in height) shall be installed along the entire eastern property line of the PD District. b. A continual row of landscaped trees shall be planted on the west side of the masonry wall referenced in a. above (by home builder & maintained by homeowner). 2. 15-foot-wide landscape buffer shall be provided along the southwest corner of the PD District and the remainder tract situated at the northeast corner of Brush Creek Road and US 377, as depicted in Exhibit C. The landscape buffer will terminate at the centerline of Street D as depicted in Exhibit C, Sheet Ll. 4.2.3 – Walls, Fencing, and Screening A. Purpose. The following fencing elements as written below, and depicted in Exhibit C, shall be utilized to meet a portion of the compatibility buffer requirements in addition to those requirements specified within DDC Subsection 7.7.8 B.Detailed Wall, Fencing, Screening locations 1. 2. Developer shall provide a 6-foot-taII brick thin masonry screening with 7-foot-taII columns spaced 120 feet on-center set along the entire eastern property line of the PD District. Developer shall provide a 6-foot-taII brick thin masonry screening with 7-foot-taII columns spaced 120 feet on-center along the entire western boundary of the PD District, except the fence type shall change to a 6-foot-taII ornamental metal fence with masonry columns spaced at 120 feet on-center at Street D Cut-de-sac and extend to the south property line of the PD District. Developer shall provide a 6-foot-taII ornamental metal fence with masonry columns spaced at 120 feet on-center along the southern ROW line of Street D. This fence shall extend in between the retention pond and the southern boundary of the PD District along Brush Creek (refer to Exhibit C, Sheet HSI). Developer shall provide a 6-foot-taII ornamental metal fence with masonry columns spaced at 120 feet on-center. The fence will be situated along the northern right-of- way of Brush Creek Road and extend to the south of the detention pond (refer to Exhibit C, Sheet HSI). The west and south access shall have 6 feet tall ornamental metal fence and gates (refer to Exhibit C, Sheet HSI). 3. 4. 5. 4.3 Site and Building Design Standards 4.3.1-Applicability. A. All requirements of DDC Subsection 7.10.3 – Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design shall apply to this PD, expect as noted below. 4.3.2-Single-Family Detached, Duplex, Townhome, Triplex, and Fourplex Dwelling Site and Building Design. A. Lot Skip/Repetition Rule: The same floor plan and elevation shall not be used on the lot immediately on either side of the subject property or directly across the street from the subject property. B. Building Mass and Form. Building shall incorporate at least three of the following design features to provide visual relief along the front of the residence: 1. Dormers; 2. Gables; 3. Recessed entries, a minimum of three feet deep; 4. Covered front porches; 5. Cupolas; 6. Architectural pillars or post; 7. Bay windows with a minimum 24 inches projection; 8. Shed roof accents; 9. Water tables; B. Garage Design 2. For front-entry garages: a. The total width of the garage door(s) shall not occupy more than 40 percent of the ground-floor building frontage. This shall not apply to J-swing garage configurations. b. A front facing garage door shall be offset a minimum 2 feet from the front fagade of the home. SECTION 5: Development Phasing & Offsite Improvements 5.1-Purpose. A. This PD shall be developed in a single phase in accordance with the Development Plan as shown on Exhibit C. 5.2 Off-Site Improvements 5.2.1 The approved Traffic Impact Analysis Addendum identifies recommendations for improvements to be constructed when the residential component is built-out. A southbound left turn lane on US 377 shall be constructed, providing access to Street A of the residential development. The turn lane shall be designed and installed in conformance with TxDOT and City design standards, except where design variances are approved. 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