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HomeMy WebLinkAboutPD23-0006aORDINANCE NO. PD23-0006a AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 7 (R-7) DISTRICT TO PLANNED DEVELOPMENT – RESIDENTIAL 7 DISTRICT (PD-R7) INCLUDING BUT NOT LIMITED TO ESTABLISHING USES AND STANDARDS AND ADOPTING A DEVELOPMENT PLAN ON APPROXIMATELY 6.5 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF NORTH BONNIE BRAE STREET APPROXIMATELY 1,165 FEET SOUTH OF RrNEY 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. (PD23-0006a, Family Justice Center) WHEREAS, Aimee Bissett with 97 Land Company on behalf of Denton County Friends of the Family has requested a zoning change from Residential 7 (R7) to a Planned Development with a base district of Residential 7 (PD-R7) on approximately 6.5 acres of land, legally described in Exhibit “A” (hereinafter, the “Property”); and WHEREAS, on February 26, 2025, 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 (4-0) of the amendment; and WHEREAS, on March 25, 2025, 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 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 Residential 7 (R7) to Planned Development with a base district of Residential 7 (PD-R7). 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 Brandon Chase McGee, the ordinance was passed and approved by the following vote [ 6 - 0] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X X X Vicki Byrd, District 1 :X Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the 25th day of March, 2025. m D HUDSPE'Nm Page 2 of 6 ATTEST: LAUREN THODEN, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY Page 3 of 6 Exhibit A Page 4 of 6 EXHIBIT -A- DESCRIPTION OF LAND SITUATED in the City of Denton, Denton County. Texas, and bing a tract of land in the N. H. MEISENHAMER SURVEY, Abstract No. 810, and bing a portion of that certain Second Tract conveyed by deed to J. Newton Rayzu recorded in Volume 499, Page 164, of the Denton County Deed Rewrds, and further dual>ed as a portion of Tract S8ctiaI 3, Tract Fourteen, in deed to Rayzor Investments, Ltd., recorded in Vohrme 1796, Page 601, of said Deed Rewrds, and a part of that cedain tract conveyed as Tract IIb said Rayzor Invwtments, Ltd„ by deed rworded in Volume 1991, Page 9977, of said Deed Raxxds, and said pcxtion and part being nme fully described as one tract as follows: BEGINNING at an -RPLS 1641)’ upped 5/8- iron rod set in the east Bne of North Bonnie Brae Street for the mnmon west corner of said Rayzor Second Tract and the certain tract conveyed to said i. Newton Rahyzor by deed recorded in Volume 491, Page 659, of said Deed RetxxrB. said point being also the northwest wner of that curtain 45 foot wide dghtof-way parcel awepted by the City of Denton by Ordinance No. 93486, recwdal as County Clerk:s FHe No. 199&35030; THENCE North O degrees, 37 minutes. 35 seconds East, 498.87 feet to an -RPLS 1640- cnpped 518- iron IIg set forcornec THENCE South 88 degrees, 43 minutes, Q5 seconds Eastaaws said Second Tract and said Sedk>n 3, Tract Fourteen, 598.84 feet to an -RPLS 164CF nipped 5/8- iron rod set for corner; THENCE South 0 degrees, 19 minutes, 45 seconds West across said Seoond Tractarx1 said Sectbn 3, Tract Fourteen, and across said Tract II, and partly along a drainage ditch, 499.77 feet to an -RPLS 164CY upped 5/8- iron rod set for the northeast comer of said 45 foot wide rightof-way parcel; THENCE North 88 degrees, 38 minutes, 10 seconds West with the north line of said right-ofway parcel and along a drainage ditch, passing the westerly line of said Tract II and continuing across said Second Tract and said Section 3, Tract Fourteen, in aN 601.44 feet to the PLACE OF BEGINNING, and containing 6.8785 aaes. Agnement of Land Dona8mFUL to DCFOF ExhiUt W Exhibit B Page 5 of 6 97 LAND COW'AW -'-----', TURNKEY DEVELOPMEbfr SERVICES – DENTON COUNTY FRIENDS OF THE FAMILY CAMPUS PD23-0006 PLANNED DEVELOPMENT (PD) STANDARDS Section 1: Purpose Statement The purpose of the proposed Planned Development (PD) is to facilitate a mixed-use campus for comprehensive services for persons experiencing domestic violence. The development will provide transitional housing and related services for clients, who may be residents at this development. or non-residents who are receiving services. The regulations set forth in these development standards are for the PD District which consists of approximately 6.5 acres described in Exhibit A (the “Subject Property"). Section 2: Definitions Definitions shall be used in accordance with DDC Subchapter 9, as amended, except as provided below. Community Recreation Center: A building or facility owned or operated by a non-profit organization for a place of meeting, social, cultural, educational, or recreational purposes, for use and participation by the organization and its members, affiliates, clients, and guests. Concession sales and/or the limited sale of items donated for the benefit of the operating non- profit or products created by residents of this development may occur within the Community Recreation Center and shall not be construed as general retail. Kitchen and Dining Hall: Commercial food preparation, common dining, and private event space to serve residents, clients, clients, the campus, and its mission; and is not intended to serve the general public. Transitional Housing: Residential facility for individuals and families in need of protective and supportive housing. Supportive services such as transportation, common dining, organized social activities, counseling, medical and/or psychiatric care are permitted as an accessory to the use Transitional Housing may include separate dwelling units designed to resemble multifamily apartment buildings or individual sleeping rooms with private bath facilities and shared corrlrrlon areas. Recreational Amenities: Any portion(s) of land that are designed for recreational purposes for the private use and enjoyment by residents of a transitional housing development. Such amenities include but are not limited to event lawns, sport courts, community gardens, playgrounds, splash pads, butterfly gardens, grill areas, gazebos, plazas, walking trails/paths, dog park, and/or preservation of natural areas. I09 N. Elm St., Denton, TX 76201 940 331 6497 1 971andcompany.com PD23-0006 PD Standards January 16, 2025 Page 2 of 3 Section 3: Permitted Uses and Dimensional Standards Where modifications are not expressly authorized within the Planned Development Standards, all requirements of the 2019 Denton Development Code, as amended, must be met. The property shall be developed in accordance with the DDC Residential 7 (R7) District, as amended, except as provided below. 3.1 Permitted Uses The following are the only uses allowed within this PD: 1. Transitional Housing 2. Day Care, child 3. Administrative, Professional. and Government Offices 4. Kitchen and Dining Hall5. Community Recreation 6. Recreational Amenities 7. Medical Office8. Kennel 9. Veterinary Clinic 10. Laundry Facility, Self-Service 11 . Personal Service, General 3.2 Prohibited Uses Any land use not expressly permitted within these PD District Standards. 3.3 Dimensional Standards Dimensional standards required for the DDC R7 Zoning District, as amended, apply to this development, except as amended in this Section. Maximum building height: 52 feet 3.4 Use-Specific Standards The following Use-Specific Standards do not apply within this PD: a. b C. d. DDC Subsection 5.3.5K, Administrative. Professional, and Government Offices, as amended, related to a required Specific Use Permit (SUP) for uses greater than 10,000 square feet. DDC Subsection 5.3.4H, Medical Office, as amended, related to a required Specific Use Permit (SUP) for uses greater than 10,000 square feet. DDC Subsection 5.3.5C, Kennel as amended, related to the building construction so unreasonable noise or odor cannot be detected off premises and outdoor facility location setbacks. DDC Subsection 5.3.50, Laundry Facility, Self-Service. as amended. related to laundry facilities permitted only as an accessory use to multifamily dwellings. 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 Development Plan, Landscape Plan, attached as Exhibits C and PD23-0006 PD Standards January 1 6, 2025 Page 3 of 3 D respectively. Otherwise, all requirements of the 2019 Denton Development Code, as amended, shall apply. 4.1 Landscape Standards a. Minimum Pervious Landscape Area: 25% b. Minimum Tree Canopy Cover: 35% c. Combination of berms, native prairie grass and wildflowers are required to be planted along the North Bonnie Brae street frontage in place of street trees. 4.2 Recreational Amenities a. A minimum of 1 0% of the total platted lot area shall be provided for open space and recreational amenities as defined by this PD and in accordance with the Landscape Plans 4.3 Parking Standards Parking shall be provided for in accordance with the attached PD Development Plan with a maximum of 21 0 parking spaces, provided that the development adheres to the minimum 25% landscaped area and 10% open space. 4.4 Design Standards The development shall comply with DDC Section 7.10.5 Nonresidential and Mixed-Use Building Standards, as amended, except as provided below. Additional Standards that shall apply to residential buildings within the campus property: Primary building entries shall be denoted through the use of distinctive architectural elements and materials, such as ornamental glazing or paving, over doors, decorative brick patterns, porches, or sconces. 4.5 Exterior Lighting The development shall comply with DDC Section 7.11 Exterior Lighting, as amended, except as provided below. DDC Subsection 7.1 1.4.B.2 shall not apply to residential uses that are developed within the campus property. Section 5: Phasing Plan Development may be built in one or more phases in accordance with the PD Development Plan, provided that utilities, drainage, and access to support each phase are provided. Exhibit C Page 6 of 6 ;!!!!}; ,NOllorlUISNOO dOJ ION NV-Id IllS 0 rOHIIN 10 ]olisnf AllmvJ JO saN]lUJ ALNfIOO NOIN la AllmvJ 3HI iIIIintI ;: --\ f @ q l9Z' azt /nll9$1ozoos SO !::; gsI i QI= g liBalP g!! IIB 3 IB a Jl:=% F g g ! ; ;vialiLa=- L-i;$ T= r) = + 9 : '}:iii: i d i nb iI ;::}g i ! g E • M g ; gun ff; iii;i §Oooo ?/5 !! !! ! !#gg g®+ B hD I ff; Sa I 8 IIB I LIHI I11 111 11 1It III--F Hb :B In BfI !;11 I Li:! ' -: Hi.i’ll 1111 HI--; Bi;l!'i£ B lb I B iD ! ! ; gil!: !!! E ! gI I 1111 1al Il-r ''I-11 141 1k L I I J I I F iii; i; WII Egg;HXg; i:Egi !! !!!!!;:+d i ;:;!!i IJ Q :ng g iig : gg HE g gin i 1g qi88 ; Dr ii 8 : &ii ! gi CDZ }-Z <Ja ac LLI >0(Ja2DC) 1 :eI gIg F) Z ,‘