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Home My WebLink About2000-044t\CH WUVOLNhvoSWOp"Wur0ammnNWrJmmc-t gSeatianmSdac ORDINANCE NO 03OL 0o AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO ADD ARTICLE XI "FRY STREET OVERLAY ZONING DISTRICT" AND AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO 69-1, AS AMENDED SAID MAP APPLYING TO 12 42 ACRES OF LAND AS IS MORE PARTICULARLY DESCRIBED HEREIN, TO PROVIDE FOR THE CREATION OF A SPECIAL ZONING OVERLAY DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF THE CODE OF ORDINANCES, SAID DISTRICT TO BE KNOWN AS THE FRY STREET DISTRICT, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 00 FOR VIOLATION THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on January 12, 2000, the Planning and Zoning Commission, after review of the Fry Street Small Area Plan, held a public hearing thereon, and recommended the creation of an overlay zoning distnct to be called the Fry Street District, and WHEREAS, on February 1, 2000, the City Council, after reviewing the Fry Street Small Area Plan, and recommendation thereof by the Planning and Zoning Commission, held a public hearing on the creation of the proposed Fry Street District, and WHEREAS, the City of Denton recognizes the important role that the Fry Street Area plays in the community as well as in the lives of many college students, and WHEREAS, the overlay zoning district for the Fry Street District and the regulations contained herein are designed to aid in redevelopment and revitalization that is compatible with and will serve to preserve the unique character in the Fry Street Area, and WHEREAS, the City Council of the City of Denton hereby finds that the creation of an overlay zoning district for the Fry Street District as provided herein is in the public interest, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 Chapter 35 of the Code of Ordinances of the City of Denton is hereby amended to add Article XI so as to read in its entirety as follows ARTICLE XI. FRY STREET ZONING OVERLAY DISTRICT Sec. 35,411 Fry Street District Established. There is hereby established a special zoning overlay district to be known as the Fry Street District The Fry Street District is defined as that area approximately 12 42 acres in size which is bounded by Welch Street to the east, Oak Street to the North, Ave B to the northwest, Ave A to \TH WLWOLWhuc %W WMQrUocummY`Ad "U\OWRy Svm Zadn&doc the southwest, Mulberry Street to the south, and Hickory to the southwest The Fry Street District is also depicted on Exhibit "A", attached hereto and incorporated herein by reference The zoning map of the City of Denton, Texas, adopted on the 14`h day of January 1969, as an appendix to the Code of Ordinances of the City of Denton, Texas, under ordinance 69-1, as amended, is hereby further amended to show the property herein described as the Fry Street District to be a special or small area distract, by showing thereon the suffix "FS" for such district designation, which designation shall be in addition to any other zoning classification designated for said property as shown thereon All buildings, structures, sites, and properties within the designated district shall be subject to the restrictions, limitations, and provisions of the Fry Street District regulations as provided for in this article Sec. 35-412. Purpose and Intent. The purpose and intent of this article is to ensure public peace, safety, cleanliness, and general welfare for community members and patrons of the Fry Street District, by providing for regulations on off-street and remote parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential & commercial density Sec. 35-413. Short Title. This article may be cited as the Fry Street District Regulations Sec 35-414. Off -Street Parking. The provisions of section 35-301 of the Code of Ordinances of the City of Denton shall apply to the Fry Street District, except as modified as follows a Remote parking Remote off-street parking to serve a building or use within the Fry Street District may be provided on a tract or parcel of land other than on which the building or use being served is located, provided that the required off- street parking space shall be within one thousand (1,000) feet of the building or use being served and shall provide convenient pedestrian access to the building or use being served b Non-residential, including restaurant, retail, private club, on premises sale of beer and/or wine One space for each four hundred (400) square feet of floor area or one (1) space for each six (6) seats under maximum seating arrangements, whichever is greater c Multi family residential Multi -family residential development shall be required to provide parking according to the following schedule 1 Efficiency units one and one-fourth (1 25) space 2 Units with 1 bedroom one and one-half (1 50) space 3 Units with 2 or more bedrooms one space for each bedroom Page 2 of 6 \\CH LGL\VOLIWuMWegLLOL`Aur CecoYimleWNinnictl\OU\Pry Sval ZoolnSEtt d Fraternities, Sororities, Boarding and Lodging Houses One (1) space for each bedroom Sec. 35-415. Area and Height Requirements. The provisions of section 35-91 of the Code of Ordinances of the City of Denton shall apply to the Fry Street District, except as modified as follows a Minimum lot area 1 Residential uses 6,000 square feet 2 Non-residential uses No minimum lot area 3 Mixed uses, including residential No minimum lot area b Minimum lot depth 1 Residential uses c Minimum lot width 1 Residential uses d Maximum building coverage 1 Residential uses 2 Non-residential uses 3 Mixed -uses that include residences e Floor/Area Ratio 1 Residential uses 3 1 2 Non -Residential uses 2 1 3 Mixed -uses that include residential the top story of any structure 100 feet 60 feet 50% 100% 80% 3 1, provided that residential comprise f Required Yards 1 Residential uses Front Minimum of 30 feet from centerline of street Side No required yard Rear Mimmum of 10 feet 1 Non -Residential uses Front Minimum of 30 feet from centerline of street Side No required yard Rear No required yard 1 Mixed -uses that include residential Page 3 of 6 �TK LOLIVOLIWbv WWq LW-. Ox--im�qSV &.,.yoo Front Minimum of 30 feet from centerline of street Side No required yard Rear Minimum of 10 feet for any floor that includes residences g Height Regulations No structure may exceed 3 stones Overall building height, including HVAC equipment, roof systems, vent stacks, chimneys, etc, may not exceed 45 feet in height h Residential densities The maximum number of apartment units that can be constructed on a site, while observing regulations including floor area ratio, building coverage, parking, height and setbacks, shall require a minimum land area in accordance with the following schedule 1 Efficiency 1,000 square feet 2 One bedroom apartment 1,200 square feet 3 Each additional bedroom per apartment 300 square feet Sec 35-416. Multi -Family Uses Multi -family residential uses shall be allowed within any zoning district within the Fry Street District Sec. 35-417. Solid Waste Containers. a) Location Solid waste containers in the Fry Street District shall be located off the street in a centralized location, to the rear of a building served by the container, and shall be screened with devices made of masonry or wood b) Consolidation Consolidation of containers is required of every owner, occupant, tenant, or lessee of any business, commercial, or institutional property, or other property not entitled to residential solid waste collection service Each owner, occupant, tenant, or lessee of any business, commercial, or institutional property shall arrange, by contract with the city, commercial solid waste collection and disposal services from the city's solid waste division, except as otherwise specified in Chapter 24 of the Code of Ordinances of the City of Denton, Texas c) Other provisions All service charges and container regulations shall comply with Chapter 24 of the Code of Ordinances of the City of Denton Sec 35418 Sign Regulations. The provisions of Chapter 33 of the Code of Ordinances of the City of Denton, shall apply, except as follows Page 4 of 6 \\ON SV WUww&o Prohibited signs Ground and monument signs shall not be permitted within the District Allowed signs 1 Non -Residential All non-residential signs in the Fry Street District shall be wall signs, mounted parallel with, not perpendicular to, the face of the wall upon which the sign is secured 2 Residential All residential signs in the Fry Street District shall be wall mounted signs, mounted parallel with, not perpendicular to, the face of the wall upon which the sign is secured Signs shall be limited to the purpose of indicating the name of the residential development (apartment, condominium, etc ) or for informational or regulatory purposes 3 Mixed -uses that include residential Wall signs shall be allowed only on those stories of a building that include non-residential uses Sec. 35-419. Conflict with Other Regulations. To the extent the provisions of this article conflict with any other ordinances of the City of Denton, the provisions of this article shall control All provisions of other City of Denton ordinances not in conflict with this article shall remain in full force and effect SECTION 2 If any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect SECTION 3 Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2000 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense " T>�,� ION 4 That 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, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage PASSED AND APPROVED this the St day of 2000 JAC LLER, MAYOR Page 5 of 6 \\CN IAL\VOLIWueSWcp1VALWur Oowmm4\OAlowcuWMPrY Svep]uNng.Ecc ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 6 of 6 EXHIBIT A ca LL Co Oo m � a a- 4-006 U� 2°) LL W