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HomeMy WebLinkAbout2000-046\\CHWUVOLIVh"Vt%gLW O mwUOMinemWW\i i-0 ntwmRwE id StwM sM NOTE. Amended by Ordinance No. 2000-178 NOTE. Amended by Ordinance No. 2001-303 NOTE Ordinance No. 2001-303 superceded by Ordinance No 2001-345 ORDINANCE NO ODO-O��p AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTERS 34 AND 35 OF THE CITY OF DENTON CODE OF ORDINANCES; ESTABLISHING INTERIM STANDARDS, REGULATIONS AND PROCEDURES FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO RESIDENTIAL DEVELOPMENTS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE, PROVIDING FOR ADMINISTRATION OF SUCH STANDARDS AND REGULATIONS, PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE WHEREAS, the City of Denton has enacted by Ordinance No 99-439 a new Comprehensive Plan for the City of Denton on December 7, 1999, and superceding the Denton Development Plan, and WHEREAS, the City of Denton has enacted by Ordinance No 99-440 a moratorium on certain residential development applications pending the adoption of interim standards for residential development, and WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to residential land use, growth management, housing and open space provision, and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter alia its zoning and subdivision regulations, in order to implement such polices, goals and strategies, and WHEREAS, it is in the public interest that standards and regulations implementing the Comprehensive Plan be applied to residential developments during the intervening time period, and WHEREAS, it appears that substantial applications for approval of residential developments are likely to occur in the intervening time period, and WHEREAS, it further appears that approval of such development applications inconsistent with the new Comprehensive Plan is contrary to the intent and purposes of the plan, and WHEREAS, Chapter 219 of the Texas Local Government Code authorizes municipalities to enact regulations defining the consistency between comprehensive plan proposals and development regulations, and WHEREAS, a joint public hearing of the Planning and Zoning Commission and the City Council concerning the adoption of this ordinance was held on December 7, 1999, and Page 1 of 28 \\CH 1- LnuunRm=A91m0arN WHEREAS, it is in the public interest that the City establish interim standards and regulations to be applied to residential developments in the City as text amendments to the City's development regulations, and WHEREAS, the City is desirous of allowing property owners to proceed with development applications for residential use pending the adoption of permanent revisions to the Land Development Code, subject to interim standards that safeguard the health, safety and general welfare of the community THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION I Interim Development Regulations tions The following provisions hereby are adopted as interim development regulations and text amendments to Chapters 34 and 35 of the Code of Ordinances of the City of Denton, as hereinafter stated, pending the adoption of permanent revisions to the City's Code of Ordinances that implement the policies, goals and strategies contained in the adopted Comprehensive Plan concerning residential land use, growth management, housing and provision of open space Pending adoption of such permanent revisions, these interim development regulations shall supersede conflicting provisions of the City Code of Ordinances, including in particular and without limitation Chapter 34, Subdivisions, and Chapter 35, Zoning, and shall read as follows Section A General Provisions Intent and Pumoses It is the intent and purpose of these regulations to impose limitations and additional standards and regulations on residential developments within city limits in order to render such standards and regulations consistent with the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and other applicable provisions of the City's Code of Ordinances (which changes hereinafter collectively are referred to as the "Development Code") that implement such policies, goals and strategies, b to permit property owners to submit residential development applications during such interim period, in order to receive preliminary or final approval from the City for such projects, subject to limitations herein set forth, and Page 2 of 28 \\CHWUVOLINbu9SW WLbmD mmla' immmw I-0 Immm RmIEmdWSI WWtl G to integrate these interim regulations as a text amendment to the City's existing development regulations governing residential use during the pendency of this ordinance d to replace temporarily existing procedures for residential developments within planned developments with new procedures that apply new standards for approval of planned developments 2 Apnlicabihty These interim regulations apply to all residential developments within the City of Denton except as otherwise provided herein All residential development applications shall be processed, reviewed and decided in accordance with these interim regulations except as otherwise provided herein Exemptions This ordinance does not apply to (a) a residential development application for approval of a minor plat for land not more than 5 acres in size, (b) an application for approval of a conveyance plat, (c) a residential development application subject to and consistent with a residential zoning application that was approved on or after April 7, 1998 and prior to the effective date of this ordinance, (d) a non-residential portion of a Planned Development that is affected by this ordinance, (e) a residential development within an agricultural zoning district, or (f) a residential development application, other than a residential zoning application, that either was approved or that was accepted for filing prior to the effective date of this ordinance that shows either the lot layout for single- family dwellings or the size of or building footprint for a multi -family dwelling, or any subsequent application for that residential development, provided that such application is subsequently approved and further provided that the requirements for submission of a design plan shall apply to all subsequent applications Page 3 of 28 XWH WUVOLIWumtlWgx Wue1 UU Iamm R danial Sl.dW, Eou Duration - These interim regulations shall remain in effect until such time as the City enacts its Development Code to implement the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan Effect on Other Re laau tions It is the intent of this ordinance that the standards set forth herein supercede any conflicting standards under existing development regulations that apply to the development application It is the further intent of this ordinance that provisions of existing development regulations not in conflict with provisions of this ordinance remain in effect and that such provisions apply with full force and effect to the development authorized under this ordinance Section B Definitions For purposes of this ordinance, the following terms are defined to mean Accepted for filing means the status of a residential development application following submission and acceptance as complete by the Director of all application materials and documents required by the City Code of Ordinances In addition, a residential development application shall not be considered accepted for filing if there is a required condition precedent to the filing that has not been fulfilled Affordable Housing means housing that qualifies for the City of Denton Homebuyer Assistance Program, as determined by the City of Denton Community Development Division Buffer yar means land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances The area could contain a combination of planting, land berming and fencing to achieve the buffering Structures could prohibited in the buffer yard rLtY means the City of Denton, Texas Community Activity Center means the area defined and described by such term in the City of Denton Comprehensive Plan Concert plan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City Page 4 of 28 \TH WUVOLNhuEStlepI WvrO memMMimv 1-0 hmnm R%WWdW Sm Wsd CpnMance Plat means a minor plat as defined and provided for in Chapter 34 of the City's Code of Ordinances Densitygross, means the maximum number of dwelling units allowed under the zoning classification per unit of land Gross land area includes all the land within the boundaries of the particular area, excluding nothing (The Illustrated Book of Development Definitions, CUPR, 1981) Gross density will be computed by dividing the maximum allowed number of dwelling units by the total area within the project, rounded to the nearest tenth, using standard rounding techniques Density transfer means the removal of the right to develop or build, expressed in dwelling units per acre, from land on one portion of a subdivision, project or zoning district to another portion of a subdivision, project or zoning district where such transfer is permitted Detailed lL means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City Development plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City Dire or means the Director of Planning and Development or his designate Downtown University Core Distract means the area defined and described by that term in the City of Denton Comprehensive Plan DRRC means the city's Development Review Committee Environmentally Sensitive Areas means a feature of the landscape in its natural condition before any grading, excavation, filling or other man-made alteration, including but not limited to, floodway, floodplam fringe, riparian area, wetlands, ponds, lakes, rivers, wooded area, and topography that exceeds 7% slope Such features generally are depicted on the City of Denton Environmentally Sensitive Areas Map E�nalRl means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of the Code of Ordinances of the City Eloodplam means the area designated as subject to flooding from the base flood (one - hundred -year flood) on the flood insurance rate map The floodplam includes the floodway F oodw means a river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height Normally, the floodway will include the stream channel and that portion of the adjacent land areas required to pass the base flood (one -hundred -year flood) discharge without cumulatively increasing the water surface Page 5 of 28 MCH LOLVOLJWS WqM Mar Onmmm Wuivam10N31001ntmin RmidmItal SWd Gs doc elevation any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map Floodway fringe means the area located within the floodplain and outside the floodway Mmor Plat means a minor plat as defined and provided for in Chapter 34 of the City's Code of Ordinances Multi -family dwelling means a building or portion thereof which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units Neighborhood Center means the area defined and described by such term in the City of Denton Comprehensive Plan One -family dwelling.attached or Single-family, attached means a dwelling which is joined to another dwelling at one (1) or more sides by a party wall or abutting separate wall and which is designed for occupancy by one (1) family and is located on a separate lot delineated by front, side and rear lot lines One -family welling detached or Single-family, detached means a dwelling designed and constructed for occupancy by one (1) family and located on a lot or separate building tract and having no physical connection to a building located on any other lot or tract and occupied by one (1) family Qpen space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City Prehmmary plat means a preliminary plat as defined in Section 34-11 and as provided for in Section 34-18 of the Code of Ordinances of the City Pro12= owner means an all inclusive term denoting the person with primary responsibility toward the city to see that these development rules and regulations and the ordinances of the city are complied with The term includes person, firm, corporation, partnership or agent, attorney-m-fact, manager or director, developer Such term as used in this chapter always includes one (1) or more of the persons enumerated in this section who own all or any part of the land which is contemplated to be developed Page 6 of 28 \\CR WUVOLIVM1uNWegWMar D vmmUlONinmw\W\] 1- Inlaim RedMU 9lmda E Qualified masonry product means brick, stone, stucco or masonry material that replicates brick, stone or stucco Regional Activity Center means the area defined and described by such termin the City of Denton Comprehensive Plan Recreation facilit means a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities Residential development means a project to establish a residential use, , including associated structures and appurtenances, on real property located within the city limits of the City of Denton, currently zoned for residential uses or for which a residential zoning application is proposed and that requires approval of a residential development application prior to development Residential development application means a request to establish a residential use on real property located inside the city limits of Denton, including without limitation the following A a request to approve or amend a detailed plan in a Planned Development for which a development plan previously has been approved, B a request to approve a general development plan, preliminary plat or final plat application, C a request to approve a building permit for a structure designed to contain multi -family dwellings, or D a residential zoning application Residential development application includes the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes Besidential use means either a multi -family dwelling, two-family dwelling, one -family dwelling, attached, or one -family dwelling, detached Residential zoning ap lication means an application for zoning or rezoning for residential use on real property located inside the city limits of Denton Residential zoning application includes the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes Rezomng means an application for amendment, supplement or change to zoning as provided for in Section 35-7 of the Code of Ordinances of the City and includes an application to Page 7 of 28 \\CH LGL\VOLIbM1uOdWapILLGL\OUOacummu`OMiwum\aW Im lnlmm Rmidmdd SiuWmded« amend or approve a concept plan, development plan or detailed plan for which no development plan previously has been approved Street tree means a tree that is listed on the city's list of eligible street trees adjacent to a public right-of-way Two-family dwelling means a single structure designed and constructed with two (2) living units under a single roof for occupancy by two (2) families Zoning means an application for the first zoning classification and land use conditions applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the City and includes the establishment of a planned development and approval of a concept plan, development plan or detailed plan Zoning man means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City Section C Minimum_ Standards The standards contained in this ordinance are minimum standards These interim development regulations are not intended to limit the discretion of the City Council to deny a residential development application that achieves the minimum standards contained in this section, or to condition the application based upon overall considerations of health, safety and general welfare Section D Amendments to Chapter 34 Chapter 34 of the City Code of Ordinances, Subdivision and Development Regulations, hereby is amended to provide Zoning Plan And Protect Plan Reauired Notwithstanding any other provision of Chapter 34 of the Code of Ordinances to the contrary, and except for exempt applications, no application for approval of a general development plan, preliminary plat or final plat shall be accepted for filing until a zoning plan and project plan have been approved for the residential development designated in the plat application and any plat application that is not consistent with the approved zoning plan or project plan will be denied For purposes of this section, the term "plat" includes "replat " Design Plan Required Where only a design plan is required by this ordinance, no application for approval of a general development plan, preliminary plat or final plat shall be approved until Page 8 of 28 MCH LOLWOLIWu W%x Wur WpmlW rdinmWOM 1 uu imann kwdmuul SwdWa Loo the design plan has been approved for the residential development designated in the application, and any plat application that is not consistent with the approved design plan shall be denied For purposes of this section, the term "plat' includes "replat " Section E Amendments to Chapter 35 Chapter 35 of the City Code of Ordinances, Zoning, hereby is amended to provide General Provisions The standards contained in this section E shall be applied to residential developments through zoning plans, project plans or design plans, which must accompany or precede residential zoning applications or residential development applications, in accordance with the following Zoning Plans and Procedures (1) Every non-exempt residential zoning application shall be accompanied by a zoning plan (a) If the residential zoning application is to amend an existing concept plan, development plan, detailed plan, or comprehensive site plan in an existing Planned Development, the zoning plan shall be in lieu of such application The approved zoning plan shall thereafter supercede any prior approval of such plans within the Planned Development (b) If the residential zoning application is to establish a new residential zoning district, including a Planned Development, the approved zoning plan shall become a part of the zoning for the district In the case of a Planned Development, the zoning plan shall be in lieu of a concept plan for the Planned Development (2) No non-exempt residential development application shall be approved until a zoning plan has been approved for the land described in the application The approved zoning plan thereafter shall become a part of the regulations for the residential district in which the property is located, and supercedes any inconsistent provisions of district regulations (3) Zoning plans shall be processed and decided in accordance with the procedures governing zoning amendments in section Page 9 of 28 \\CH WLWOLIWv Wt LWw mmw"4nmcn\WU I wlnlww RwWwonl6l WC E 35-7 of the City Code of Ordinances The City Council may impose on zoning plans such conditions as are necessary to assure that the standards governing zoning plans and the purposes of these interim regulation are met (4) The property owner may elect to reserve portions of the property for future residential development for development approval after the adoption of the City's Development Code Such tracts shall be clearly indicated on the zoning plan The City Council also may modify or condition zoning plan approval on the reservation of portions of the proposed development until the City has adopted the Development Code that implements the policies, goals and strategies concerning residential land use, and related growth management, housing and open space objectives set forth in the newly adopted Comprehensive Plan b Protect Plans and Procedures (1) No residential development application for land subject to an approved zoning plan shall be approved until a project plan has been approved for the land described in the application that is consistent with the approved zoning plan If changes are proposed to the approved zoning plan, the amendments to the zoning must be approved applying standards applicable to zoning plans and using procedures for approving zoning plans (2) Project plans shall be reviewed and decided by the City Council following public hearing and notice to property owners in accordance with the City's Courtesy Notice procedures The Council may impose on project plans such conditions as are necessary to assure that the standards governing project plans and the purposes of these interim regulation are met c Desien Plans and Procedures (1) Every residential development partially exempt under Section A 3(f) shall require an approved design plan The design plan shall be approved prior to approval of a building permit for multi -family and prior to approval of a final plat for single family Page 10 of 28 \CII WL\VOLNhh WgWWue �ammubdinwxmmQ 1 oa lmmm R dffllWi stadgdS Jo[ (2) The design plan shall be reviewed and decided by the Planning and Zoning Commission, subject to appeal to the City Council d Criteria The City Council or the Planning and Zoning Commission, as the case may be, shall determine whether to approve, approve conditionally or deny the application for approval of a zoning plan, project plan or design plan in accordance with the standards in these interim development regulations and with the City's Comprehensive Plan, pursuant to the discretion vested by state law or city charter Zoning Plans An application for approval of a zoning plan shall contain the following (1) Project name, vicinity map, scale, north arrow, and date (2) A general layout of the development, showing the general configuration and location of proposed land uses for the property to be developed for residential land use and any contiguous property in unified ownership (3) A computation of residential density for each type of residential use, consistent with standards set forth in this ordinance (4) Any reservations or dedications proposed (5) Location of all Environmentally Sensitive Areas, including any field inspection information that provides more detail for clarification purposes, and an indication of any planned mitigation to changes to natural features (6) All open space to be preserved, together with intended density transfers, consistent with standards set forth in this ordinance (7) All recreation facilities proposed, consistent with standards set forth in this ordinance (8) In the case of single family and two family development, the proposed range of lot sizes and the numbers of lots within each proposed category (9) A summary of proposed design elements, if any (10) An assessment of public facilities, demonstrating the adequacy of or provision for public facilities serving the proposed development (11) Proposed compatibility measures to be incorporated into the project design, including adjacent density, building materials, garage standards, or buffering and screening from adjacent uses (12) Zoning designations adjacent to the proposed development Page 11 of 28 \\OH WLWOLIWv CPIV Mff WcummIC WN MWM2100lnt mRUWM[d Swdtl dog (13) The proposed method, connection, provider, and location of (a) The proposed water system (b) The proposed wastewater system (c) The proposed method of drainage of the property (d) The proposed method of erosion and sedimentation control (15) Location of drainage ways, environmental buffer zones, or public utility easements in and adjacent to the proposed development (16) Location and size of existing utilities along or within any easement (17) Limits of 100-year floodplam and floodway (18) A Traffic Impact Analysis shall be required for any proposed site development that can be reasonably expected to generate more than 1,000 vehicle trip ends during a single day and/or more than 100 vehicle trip ends during a single hour (19) Drainage Study (20) Water and Wastewater Demand Calculations (21) Location of existing utilities (22) Any other information deemed necessary by the Director to analyze the project Standards Apllicable to ZoningPlans (1) Nature of Standards The standards contained in this section are minimum standards These interim development regulations are not intended to limit the discretion of the City Council to deny an application for zoning plan that achieves the minimum standards contained in this section, or to condition the application based upon overall considerations of health, safety and general welfare (2) Density Consideration In considering the approval of a zoning plan the City Council may consider the current zoning of the subject property, the densities recommended by the Comprehensive Plan, the base densities, density criteria, density transfers and density increases set forth in this ordinance and overall considerations of health, safety and general welfare (3) Density Increase Requires Rezonme Whenever an applicant for approval of a zoning plan requests either an increase in residential density pursuant to the rules Page 12 of 28 \NCH WLuVOLIwumW WLwurMoummU�inm[d�ow I WImu mn dmn ISImdumnuo in this ordinance in excess of that authorized in an existing Planned Development, or in the event that an increase or transfer in residential density, if granted, would result in a lot size that exceeds the minimum lot size in the existing residential zoning district, he must also seek a rezoning of the existing residential zoning district to a Planned Development Base Density Except as otherwise provided in this ordinance, no residential development shall have a gross density that exceeds the "base" residential density standards set forth below The actual number of dwelling units allowed may be less than the maximum theoretically allowed for the residential development under base density, based upon overall considerations of health, safety and the general welfare (1) For single-family developments, three (3) dwelling units per gross acre (2) For multi -family or single-family attached developments, eight (8) dwelling units per gross acre d Density Transfer Residential density may be transferred from environmentally sensitive areas, provided that such areas are dedicated to the public or separately platted as common areas for usable open space Maximum density transfer shall be computed according to the following rules (1) Base residential density shall be expressed as gross density (2) The base residential density shall be separately computed for each residential tract and for each residential comprehensive plan category included within the site, exclusive of floodplain areas (3) For environmentally sensitive areas, gross density shall be assigned according to the following rules (a) a density of zero, if no density is proposed to be transferred, or the area is required to be dedicated in order to meet the requirements of the City's park dedication ordinance, Page 13 of 28 \1CH WUVOLIWwWWapI Mute umm WlnvlcmWOV 1 ao lwaon R dmlld Slwd"e aoo (b) a density of up to fifty percent (50%) of the base residential density for environmentally sensitive areas for which density is proposed to be transferred, (c) a density of 0 dwelling units per gross acre for floodway areas e Requirements for Increased Density (1) General Cntena An increase in base residential density may be authonzed by the City Council if, based upon the zoning plan, the proposed residential development provides amenities that (a) mitigate the impacts of residential densities greater than that of the base residential density, (b) provide superior project design, (c) increase project open space, pursuant to criteria covered in this ordinance, (d) enhance the quality and usability of open space for the project and preservation of natural features preservation within the project, (e) benefit the community as a whole, in addition to benefiting the residents of the development (2) Criteria for Increased Multi -family Density Where an increase in base multi -family density is requested, the following geographic criteria shall be considered (a) In areas designated as Community Activity Centers, density of up to 14 units per gross acre may be appropriate (b) In areas designated as Regional Activity Centers and the Downtown University Core District, a density of up to 20 units per gross acre may be appropriate Page 14 of 28 \\CH WUVOLIWrrtdW@ LWrpoomombWWlpmicmW2 1001nta=RmWMIIMWudE dm (c) Multi -family Concentrations The size of multi -family concentrations in Neighborhood Centers shall vary from 100 to 200 dwelling units in one location depending on access to a specific category of thoroughfares 1 Direct access to freeway — up to 200 units n Direct access to primary or secondary arterial — up to 150 units ui Direct access to collector street — up to 100 units Multi -family concentrations shall be located at least %z mile from the nearest multi -family concentration (3) Maximum Densities Density increases may be awarded based upon the criteria contained in this section However, gross density shall not exceed (a) For single-family developments, four and one-half (4 5) dwelling units per gross acre (b) For multi -family, single-family attached, or single- family attached developments located in MF districts within, i Existing Neighborhoods and Neighborhood Centers, twelve (12) dwelling units per gross acre u Community Mixed Use Centers, twenty (20) dwelling units per gross acre ui Regional Mixed Use Centers and the Downtown University Core District, thirty-six (36) dwelling units per gross acre (4) S12ecific Criteria for Increased Density Page 15 of 28 \Oil WLWOLNWWWMp Mvr OOGOenk�lClppOetl\CO\21-01111ee1NRaIdW1v1SI"Wa Coe (a) Open Space - A density increase not exceeding ten (10) percent may be achieved by meeting the following schedule Up to one (1) percent increase in density may be awarded if the project plan designates five (5) percent of the project land area for open space u Up to one (1) percent increases in density may be awarded for each additional one (1) percent of designated open space (b) Recreational Facilities — A density increase not exceeding ten (10) percent can be achieved if a proposed development qualifies for the maximum credit offered by the park land dedication requirements of Article III, Chapter 22 of the Code of Ordinances of the City (c) School Site Dedication - A density increase not exceeding ten (10) percent can be achieved through the dedication of a School District approved site (d) Housing Affordability - A density increase not exceeding ten (10) percent can be achieved with a project having a minimum of 50% of all dwelling units eligible to participate in home ownership programs offered by the City of Denton (e) Design Features - For every three of the following design features listed below, an increase in density of up to 0 1 units per acre may be awarded These design features, if used, must be indicated on the Zoning Plan Such a density increase may be conditionally approved subject to a more detailed depiction on a project plan Where a particular design feature pertains to a standard that already is required to some degree for base density approval, increased density will be considered only to the degree that the proposed amenity exceeds such requirements Page 16 of 28 \XCH LOUVOL]Uhn IWepILL Wur OucummYWNluNttu MI WIUMM R mIIeI StmO sbc (1) Roadway connectivity to adjacent development - one street connection for each 650 linear feet of adjacency (u) Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent to a street (m) Variety of lot sizes - At least twenty (20) percent of residential lots within the project must be less than eighty (80) percent of the average lot size At least twenty (20) percent of the residential lots within the project must be greater than one hundred twenty (120) percent of the average lot size (iv) Hike and bike trails - Hike and bike trail independent from sidewalks is provided that connects public facilities or dedicated flood plain areas (v) Common parking areas - Parking areas are provided within the right of way in other than parallel parking form subject to approval of an appropriate design (vi) Traffic calming devices - Approved traffic calming devices are incorporated into the street patterns (vn) Fences - Along an arterial or collector street, fencing is constructed of qualified masonry products, incorporates such design features as accent columns, articulation, or caps Along an arterial and collector street, openings in fences to provide visual entry into the project area and the use of berms if appropriate (vni) Landscaped area or art - Landscaped features such as fountains, gardens, or other features that enhance the project Art such as monuments or other sculptural objects that enhance the project may also be considered Such elements must be visible and accessible to the public Page 17 of 28 \\CH WUVOLINhmWWyW Wur Mcum=UmWinnCe 1ao WMMm mmflfll&w 9a (ix) Transit facilities - the provision of bus turn- outs and covered seating areas for bus riders f Compatibility Standards (1) Zoning plans must demonstrate that the proposed development is compatible with the existing and planned adjoining uses and the character of the neighborhood in which the project is located Specifically the following standards should be incorporated into Zoning plans (a) Densi The density of the developed area of the project within 500 feet of adjacent residential development should not exceed the average gross density of the adjacent residential development within 500 feet of the project boundary This provision should not reduce project density below the base density (b) Masonry If the majority of dwelling units within 500 feet of the boundary of the project have at least 50% of all elevations (excluding windows and doors) comprised of qualified masonry products, then all dwellings within the project should have elevations comprised of no less than 75% qualified masonry products (c) Garage Spaces If the majority of dwelling units within 500 feet of the boundary of the project have at least two enclosed parking spaces (garage spaces), then all dwellings within the project should have at least two enclosed parking spaces Page 18 of 28 \\CH LOL\VOLIVWv VILLLWrO mmisZNIacm\W\] 1- inlmm Rn WSteW SC (2) Landscaping and screening shall be used to ensure compatibility with adjoining uses according to the following standards (a) For existing uses adjacent to proposed single-family residential development Existing multi -family and single family attached uses shall be screened with the following attributes (i) Minimum bufferyard width of 15 feet, (ii) Minimum number of canopy trees equal to 1 per 25 linear feet of bufferyard, and (m) Minimum number of understory trees equal to 1 for each canopy tree (b) For existing uses adjacent to proposed single-family (detached) or multi- family or single-family (attached) residential development Existing non-residential uses other than Industrial or manufacturing uses shall be screened with the following attributes (i) Minimum bufferyard width of 15 feet, (ii) Minimum number of canopy trees equal to 1 per 20 linear feet of bufferyard, and (iu) Mimmum number of understory trees equal to 1 V2 for each canopy tree Existing industrial or manufacturing uses shall be screened with the following attributes Page 19 of 28 ncx WL\VOLIWtuMW L\Ou novvmmuwmmmcwwmx 100 Fn=m H dmuel Slmtlu6 quo (c) (1) Minimum bufferyard width of 20 feet (ii) Minimum number of canopy trees equal to 1 per 15 linear feet of bufferyard, and (ill) Minimum number of understory trees equal to 2 for each canopy tree g Adequate Public Facilities (1) The land proposed for development must be served adequately by essential public facilities and services No development application subject to these interim development regulations may be approved unless and until adequate public facilities exist or provision has been made for water facilities, wastewater facilities, drainage facilities and transportation facilities which are necessary to serve the development proposed, whether or not such facilities are to be located within the property being developed or offsite (2) Proposed public improvements shall conform to and be properly related to the City's subdivision regulations, applicable master plans and capital improvement plans (3) The City may require the phasing of development or improvements in order to maintain current levels of service for existing public services and facilities or for other reasons based upon maintaining the health, safety and general welfare 3 Project Plans a Prolgct Plan Requirements A project plan shall contain the following (1) All of the information contained in a zoning plan which will be for information purposes only Page 20 of 28 \\CH LGMOLIbM1wNWMp LA urDwvmeoU\ONmm¢a\OW 100 Intmm Ru,d.W SW .6 d.c (2) All amenities and design features for which a density increase has been approved or conditionally approved in the zoning plan (3) Street names and locations of all existing and proposed streets within or on the boundary of the proposed development, right-of-way, pavement widths, sidewalks, and bikeways (4) Lot layout with dimensions for all lot lines and lot area (5) Location and use of all proposed and existing buildings, driveways, fences and structures within the proposed development Indicate which buildings are to remain and which are to be removed (6) Density and area calculations (a) The total area in the development (b) The number of dwelling units in the development (include multi -family units by the number of bedrooms in each unit, e g , ten (10) one -bedroom, 25 two -bedroom, etc) (c) Area and percentage of the total project area coverage by i Structures n Streets, roads, and alleys nl Sidewalks ry Recreation areas v Landscaping vl The total area covered by tree canopy at maturity of the trees vii Parking areas (7) Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown of (a) Water lines and diameters (b) Sewers, manholes and cleanouts (c) Storm drains and catch basins (d) Fire hydrants (e) Location and size of all public utility easements (8) Location, size, access, and screening of all dumpsters (9) Location, size and use of contemplated and existing public areas within the proposed development A topographic map of the site at a two foot contour interval Page 21 of 28 \THWBVOLWhm WMp LA ur Ncum=UW nmam� 1aF1nmlma Idmdm&r ud.mn (10) Location of all parking areas and all parking spaces, ingress and egress on the site, and on -site circulation (11) Use designations for all areas not covered by buildings, parking, or landscaping (12) Locations of all significant landscape features including, but not limited to, any existing healthy trees of a caliber greater than six (6) inches, generally forested areas, and creeks, wetlands, 100 year floodplams, or ponds existing on the site Indicate any planned mitigation to changes of a natural feature (13) A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings (14) The elevations, surface area in sq ft , illummation type, height, and construction (material and style), and locations of all proposed signs for the development (15) The typical architectural elevations for all multi -family buildings proposed on the property All project plans shall indicate the material, texture, windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling Elevations shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater (16) Any other information deemed necessary to analyze the project Protect Plan Standards (1) Minimum Project Plan Standards The following minimum standards of project design shall be addressed in the project plan (a) Allocation of usable open space shall be made to each phase of a proposed residential development, according to the minimum open space requirements established for the base density In the event that common open space is not to be provided proportionally by phase, the property owner shall Page 22 of 28 ,CH WLUVOLNharWW WLwue McommW MmmcmWmz 1 Nmmnn�R Idwdal3tmnmdcdoc execute a reservation of open space by grant of easement or covenant in favor of the City, authorizing the City to dedicate all or a portion of such reserved area to common open space in the event that the development is not completed (b) The design and improvement of open space shall be in accordance with the following standards (i) Open space areas shall be linked to existing and planned public open space areas to provide an overall open space system for the City consistent with the City's open space plans (u) Open space areas shall be arranged so as to maximize access and utilization by residents of the planned residential development project (in) Where open space improvements are to be provided, active recreation facilities shall be installed A safe, secure and bamer-free system of walking or equestrian trails, paths, bikeways, and/or walkways shall be designed The system shall link residences with recreation areas, schools, commercial areas and public facilities (c) All multi -family developments over 25 units must provide a minimum of fifteen (15) percent open space (d) Recreational Facilities - All developments of 5 or more dwelling units must provide park land or fees in lieu of land according Article III, Chapter 22 of the Code of Ordinances of the City (e) Underground Utilities — All developments must provide for underground utility installation, excepting electrical main sub -station feeders (f) Interconnected streets - all streets must connect to other streets at both ends, or provide for the future connection when adjacent to undeveloped property Page 23 of 28 \NCH WLWOLIkuWWetl Lrur OSSummta4 ]uYmeeWMi I WImmmRWdMd4SIW S&0 (g) Garage door orientation and setbacks - 40 percent of all garage doors may not face the street Garage doors of detached garages built in the rear yard of the primary structure and those on a corner lot that face a secondary street are excluded No more than three (3) consecutive dwelling elevations may have garage doors in the same plane (orientation and setback) Of those garage doors that face the street, at least sixty (60) percent must have setbacks of at least four (4) feet behind the primary front wall of the dwelling (2) Lot Size (a) The standard minimum lot size for single-family detached dwellings at base density without density transfers or increases shall be 10,000 square feet (b) With density transfers from Environmentally Sensitive Areas, base density may be converted to a mix of single-family residential lot sizes, with an average lot size of 6,000 square feet subject to compliance with other development standards contained in these interim regulations (c) With density transfers from Environmentally Sensitive Areas and density increases, base density may be converted to a mix of single-family residential lot sizes, with an average lot size of 5,000 square feet subject to compliance with other development standards contained in these interim regulations 4 Design Plan Design Plan Requirements a A design plan shall contain the following (1) Street names and locations of all existing and proposed streets within or on the boundary of the proposed development, right-of-way, pavement widths, sidewalks, and bikeways (2) Lot layout with dimensions for all lot lines and lot area (3) Location and use of all proposed and existing buildings, driveways, fences and structures within the proposed Page 24 of 28 \\CH LOLWOLI4hwNWep LW O MMMP\OkNuwo\4M11-0 111taMRUWMIIA Swde do development Indicate which buildings are to remain and which are to be removed (4) Density and area calculations (a) The total area in the development (b) The number of dwelling units in the development (include multi -family units by the number of bedrooms in each umt, e g , ten (10) one -bedroom, 25 two -bedroom, etc) (c) Area and percentage of the total project area coverage by i Structures ii Streets, roads, and alleys ui Sidewalks iv Recreation areas v Landscaping vi The total area covered by tree canopy at maturity of the trees vii Parking areas (5) Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown of (a) Water lines and diameters (b) Sewers, manholes and cleanouts (c) Storm drams and catch basins (d) Fire hydrants (e) Location and size of all public utility easements (6) Location, size, access, and screening of all dumpsters (7) Location, size and use of contemplated and existing public areas within the proposed development (8) A topographic map of the site at a two foot contour interval (9) Location of all parking areas and all parking spaces, ingress and egress on the site, and on -site circulation (10) Use designations for all areas not covered by buildings, parking, or landscaping (11) Locations of all significant landscape features including, but not limited to, any existing healthy trees of a caliber greater than six (6) inches, generally forested areas, and creeks, wetlands, 100 year floodplains, or ponds existing on the site Page 25 of 28 \\CH LOUVOLNhw cMWMue pwumwm inwcm\ I w lnimm WdO11e1 Stw .doo Indicate any planned mitigation to changes of a natural feature (12) A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings (13) The elevations, surface area in sq 11, illumination type, height, and construction (material and style), and locations of all proposed signs for the development (14) The typical architectural elevations for all multi -family buildings proposed on the property All design plans shall indicate the material, color, texture, windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling Elevations shall be submitted drawn to scale of one (1) inch equals ten (10) feet or greater (15) Any other information deemed necessary to analyze the project Section F Relief Procedures The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing The City Council shall not relieve the applicant from the requirements of this ordinance, unless the applicant first presents credible evidence from which the City Council can reasonably conclude that the imposition of the residential density limitations or other development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following (a) whether granting relief from the residential density limitations or other development standards contained in these interim development regulations, in the absence of permanent revisions to the City's Land Development Code that implement the provisions of the comprehensive plan jeopardizes the City's best interests in preventing such effects, (b) the suitability of the proposed residential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site, Page 26 of 28 \\CII I W Imam RatdmfiWStWd Ws4rc (c) the impact of the proposed residential use on the transportation and other public facilities systems affected by the development, (d) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the neighborhood, (e) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code, (f) the total expenditures made in connection with the proposed residential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project, (g) any fees reasonably paid in connection with the proposed use, (h) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant The City Council may take the following actions (a) deny the relief request, (b) grant the relief request, or (c) grant the relief request subject to conditions consistent with the criteria set forth in this section Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right SECTION II ENVIRONMENTALLY SENSITIVE AREAS MAP The Environmentally Sensitive Areas Map, attached hereto to as Exhibit A, is hereby incorporated into tins ordinance, and shall be used to assist in the evaluation of zoning plans and project plans for compliance with requirements pertaining to preservation of Environmentally Sensitive Areas SECTION III SEVERABILITY Page 27 of 28 \\CH WUVOLIWOa c,,LLLWu,0%9m t0Mffio \00\2 I DO Iwmm RuDEunuW6lundv d. 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 other provisions or applications, and to this end the provisions of this ordinance are severable SECTION VI RECISSION OF MORATORIUM Ordinance 99-473, adopted by the City Council on December 14, 1999, shall be rescinded and repealed in its entirety upon the effective date of this ordinance Ordinance 99-440, adopted by the City Council on December 7, 1999, and having been replaced by Ordinance 99-473, shall remain rescinded and repealed SECTION VII SAVINGS CLAUSE Save and except provisions hereby amended or superseded, all remaining sections, sentences and paragraphs of the Code of Ordinances of the City of Denton shall remain in full force and effect SECTION VI EFFECTIVE DATE This ordinance shall become effective upon the date of its passage and approval PASSED AND APPROVED this the P day of _, 2000 n JACI MI ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By Page 28 of 28 r�EFMLWvDxommnWiNoeoaaWVJn.madmanw IniWm RW"W&--dudeft ORDINANCE NO jgWL17J9 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 2000-046 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE. REAS, the City of Denton has enacted Ordinance No 2000-046 (the "Residential Interim R gula Ions") to implement portions of the new Comprehensive Plan on an interim basis until such tune as the City comprehensively amends its Code of Ordinances to implement the new Comprehensive Plan's polices, goals and strategies, and N�MREAS, the City Council finds that it is in the public interest to make certain amen dm is to the Residential Interim Regulations relating to the exemptions, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION 1 Subsection A 3(a) of Ordnance No 2000-046 pertaining to an exemption for land containing 5 acres or less is hereby amended to read as follows This ordinance does not apply to (a) a residential development application for approval of land not more than 5 acres in size, SECTION 2 All other provisions of Ordinance No 2000-046 shall remain in full force and effect SECTION 3 If any provision of this ordnance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4 This ordnance shall become effective upon the date of its passage and approval PASSED AND APPROVED this the day of % 2000 &4',, `d"k- EULINE BROCK, MAYOR Page 1 of 2 P uxan HF W1. Ozem�.m .a kw n &ww Siwduad. ATTEST- JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATT Lm Page 2 of 2 sw .m .nbty xu Aft Ga ORDINANCE NO 59001 ,309 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NOS 2000-0461 AND 2000-178 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS; PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE WHEREAS, the City of Denton has enacted Ordinance No 2000-046 which was later amended by Ordinance No 2000-178 (the "Residential hitenm Regulations') to implement portions of the new Comprehensive Plan on an interim basis until such time as the City comprehensively amends its Code of Ordinances to implement the new Comprehensive Plan's polices, goals and strategies, and WHEREAS, the City Council finds that it is in the public interest to make certain amendments to the Residential Interim Regulations relating to the exemptions, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION 1 Subsection A 3(a) of Ordinance No 2000-046 as amended by Ordinance No 2000- 178 pertaining to an exemption for size of development less is hereby amended to read as follows This ordinance does not apply to (a) a single family residential development application for approval of land not more than 50 acres in size and a multi -family residential development application for approval of land not more than 5 acres in size, SECTION 2 Subsection E 2 b(2) of Ordinance No 2000-046 as amended by Ordinance No 2000- 178 pertaining to density consideration is hereby amended to read as follows (2) Density Consideration In considering the approval of a zoning plan the City Council may consider the current zoning of the subject property, the densities recommended by the Comprehensive Plan, the base densities, density cntena, density transfers and density increases set forth in this ordinance and overall considerations of health, safety and general welfare Notwithstanding anything contained herein to the contrary, the maximum base densities, density transfers, and other density cntena contained in tlus ordinance are intended to be guidelines and do not restrict the City Council from permitting densities that exceed such density maximums or cntena Page 1 of 2 s`Om Doam�WWOI� wmOm®I w ble RWdmlol Rep SECTION 2 All other provisions of Ordinance Nos 2000-046 and 2000-178 shall remain in full force and effect SECTION 3 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 other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4 This ordinance shall become effective upon the date of its passage and approval PASSED AND APPROVED this the og /9 day of 2001 ATTEST JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By" - EULINE BROCK, MAYOR Page 2 of 2 S Wv wmtl Mw Wm R Wm101 RcgG ORDINANCE NO 0?001-31GJ� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPERCEDING ORDINANCE NO 2001-303 AMENDING ORDINANCE NOS 2000-046 AND 2000-178 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted Ordinance No 2000-046 which was later amended by Ordinance No 2000-178 (the "Residential Interim Regulations") to implement portions of the new Comprehensive Plan on an interim basis until such time as the City comprehensively amends its Code of Ordinances to implement the new Comprehensive Plan's polices, goals and strategies, WHEREAS, on August 21, 2001 the City Council approved certain amendments to the Residential Interim Regulations pursuant to Ordinance No 2001-303, WHEREAS, pursuant to Section 7 11 of the Rules and Procedure of the City Council a motion to reconsider the approval of Ordinance No 2001-303 was considered and approved on September 4, 2001, WHEREAS, the City Council finds that it is in the public interest to make certain amendments to the Residential Interim Regulations and to supercede Ordinance No 2001-303 with this ordinance, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION 1 Subsection A 3(a) of Ordinance No 2000-046 as amended by Ordinance No 2000- 178 pertaining to an exemption for size of development is hereby amended to read as follows This ordinance does not apply to (a) a single family residential development application for approval of land not more than 25 acres in size and a multi -family residential development application for approval of land not more than 5 acres in size, SECTION 2 Subsection E 2 b(2) of Ordinance No 2000-046 as amended by Ordinance No 2000- 178 pertaining to density consideration is hereby amended to read as follows Page 1 of 1 5 Wur Uoummiu`O�NnmoMONN®md ftw I..M. Raldmual R, d. (2) Density Consideration In considering the approval of a zoning plan the City Council may consider the current zoning of the subject property, the densities recommended by the Comprehensive Plan, the base densities, density criteria, density transfers and density increases set forth in this ordinance and overall considerations of health, safety and general welfare Notwithstanding anything contained herein to the contrary, the maximum base densities, density transfers, and other density criteria contained in this ordinance are intended to be guidelines and do not restrict the City Council from permitting densities that exceed such density maximums or criteria SECTION 2 All other provisions of Ordinance Nos 2000-046 and 2000-178 shall remain in full force and effect This ordinance supercedes Ordinance No 2001-303 in its entirety SECTION 3 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 other provisions or applications, and to this end the provisions of this ordinance are severable SECTION 4 This ordinance shall become effective upon the date of its passage "and approval � PASSED AND APPROVED this the day of Qlej&ml Cii_/ , 2001 1 ATTEST JENNIFER WALTERS, CITY SECRETARY By /��, APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY I� EULINE BROCK, MAYOR Page 2 of 2 V1_ LEGEND /V city of Denton ETJ WAnsportation Rom- /1'%,./Railroads Airport Rails-to-Trails Sanger Roads Lakes Environmentally Sensitive Areas L 1-L .-I X N-Anti - TO Krum] __j tot _4 IT j t74� AAA IL 71 _A] wu Lake 7� �11! Lewisville IT, i ifl . 4 1M. 4=i�_4 I. 73 N Shady Shores T___7L - - ------ AUJMD-.-, jl� Corinth H j T ri Argyle IfE .sw 4 CITY OF DENTON - INTERIM MAP ENVIRONMENTALLY SENSITIVE AREAS WETLANDS, FLOODPLAIN9 STREAM BUFFERS, & TREE CANOPY City of Denton 215 E. McKinney Denton, Texas 76201 (940) 349-8230 1:7250 JANUARY - 2000