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HomeMy WebLinkAbout2000-069\\CH LOL\VOLT\SHARED\DEPT\LOL\Our Documents\Ordinances\00\Draft #10 lnt Nonres Smdrds Ord Adopted 2merch00 doc NOTE,- Amended by Ordinance No 2000-179 NOTE{ Repealed by Ordinance No. 2001-304 ORDINANCE NO. 2000-069 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING FORT ADMINISTRATION OF SUCH STANDARDS; 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 Comprehensive Plan contains policies, goals and strategies related to the location and intensity of retail and commercial land uses, and WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including inter aka its zoning and subdivision regulations, in order to implement such polices, goals and strategies, and WHEREAS, it appears that substantial applications for approval of nonresidential 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, the City of Denton has enacted Ordinance 99-474, Ordinance 2000-017, and Ordinance 2000-065, establishing, amending, and extending a moratorium pending the adoption of interim standards for applying the policies of the comprehensive plan for certain specified commercial development applications, 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 between City Council and the Planning and Zoning Commission was held on February 8, 2000, and WHEREAS, a joint public hearing between City Council and the Planning and Zoning Commission was held on March 2, 2000, and WHEREAS, the Planning and Zoning Commission made a neutral recommendation of these interim standards by a vote of 3-3 on March 2, 2000, and \\CH LGL\VOLT\SHARED\DHPT\LGL\Our Documents\Ordmances\00\Draft N70 lnt Nonres Smdrds Ord Adopted 2march00 doe WHEREAS, the City is desirous of allowing property owners to proceed with development applications for nonresidential uses 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 communrt�, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS. Section I. Interim Development Regulations. The following provisions hereby are incorporated as interim development standards 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 nonresidential land uses 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 Purposes. It is the intent and purpose of these regulations a to facilitate proper and detailed evaluation of nonresidential zoning and rezoning applications within city limits in order to render such applications consistent with the policies, goals and strategies concerning land use, land use intensity, and related growth management 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 facilitate proper and detailed evaluation of nonresidential preliminary and final plat applications within city limits in order to render such applications, to the extent allowed by law, consistent with the policies, goals and strategies concerning land use, land use intensity, and related growth management 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, to permit property owners to submit applications for nonresidential development 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 d to integrate the limitations and standards herein imposed with the City's existing development regulations governing retail and commercial land uses during the pendency of this ordinance 2 \\CH LGL\VOLI\SHARBD\DBPT\LGL\Our Documents\Ordinances\00\Draft #10 Int Nonres Smdrds Ord Adopted 2march00 doe AUolicability. These interim regulations apply to the following types of nonresidential development applications Requirements of this ordinance vary according to the type of application submitted for approval Standards for zoning plans and project plans apply to the following types of development applications and must be satisfied prior to approval of such applications Standards for project plans may be satisfied at the same time or may be deferred, at the property owner's discretion, for satisfaction at a later time, but no later than prior to or contemporaneous with building permit approval (1) an application to amend the City's zoning map to a nonresidential zoning district classification provided for in the existing City Code of Ordinances, including a Planned Development District containing nonresidential land use classifications, (2) an application to amend a Concept Plan or Development Plan containing nonresidential land use classifications in an existing Planned Development District, (3) an application to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, where the proposed changes to the detailed plan involve land use, lot size, lot dimensions, lot coverage, or building size, unless the proposed changes are consistent with an approved Concept Plan, or (4) an application to approve a zoning application proposing nonresidential land use classifications accompanying an annexation agreement, Standards for project plans apply to the following types of development applications and must be satisfied prior to approval of such applications (1) an application to approve a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property and wluch does not propose changes to such Concept plan or Development plan, (2) an application to amend a Detailed Plan for nonresidential land use classifications in an existing Planned Development District, in which a Concept Plan or Development Plan was approved for the property and which does not propose changes that involve land use, lot size, lot dimensions, lot coverage, or building size, or (3) an application to approve development involving an existing nonresidential zoning district, or \\CH LGL\VOLT\SHARBD\DBPT\LGL\Our Documents\Ordmanee9\00\Draft #10 int Nonres Stndrds Ord Adopted 2march00 doe (4) an application to replat land within an existing nonresidential zoning district, that increases the intensity of proposed land uses, through increases in building size, lot coverage, or traffic generation c All new and pending nonresidential Planned Development Detailed Plan, preliminary plat or final plat applications that are not required to submit a Zoning Plan as per Section A 2 a, shall be evaluated for Comprehensive Plan Consistency, subject to the standards and limitations as herein set forth d Any application to amend a Concept Plan, Development Plan or Detailed Plan in a Planned Development Distnct(s) must include all contiguous, undeveloped land in unified ownership within such Distnct(s), and all such land is subject to the requirements of this ordinance 3, E.xemntions. This ordinance does not apply to a any nonresidential development application accepted for filing prior to December 15, 1999 for which Concept Plan, Development Plan, or Detailed Plan approval occurred on or after April 7, 1998 but before the effective date of this ordinance, or b any property located within the Central Business District 4. Duration. This ordinance shall remain in effect until such time as the City enacts its Development Code, as reflected in Section 12 a, to implement the policies, goals and strategies concerning nonresidential land uses and related growth management objectives set forth in the newly adopted Comprehensive Plan 5. E feet on Other Regulations. 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 Accented for fift means the status of a development application following submission and acceptance as complete by the Director of all application materials and documents required by \\CH LGLWOLI\SHARED\DEPT\LGL\Our Documents\Ordmanoes\00\Draft #IO Int Nonres Smdrds Ord Adopted 2march00 doc the City Code of Ordinances In addition, a development application shall not be considered accepted for filing if there is a condition precedent to the filing that has not been fulfilled Cot means the City of Denton, Texas ComMunitv Activity Center means the area defined and described in the City of Denton CoLpeehenseve Plan, ConCAWplan means a general concept plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City Detailed plan means a detailed plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City Develgpment agaWhon means the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for nonresidential uses zonings, rezomngs, planned developments, concept plans, detailed plans, development plans, preliminary and final plats, and building permits Deve ment plan means a development plan as provided for in Chapter 35, Article IV of the Code of Ordinances of the City Director means the Director of Planning and Development or his designate Dowptown University Core District means the area defined and described in the City ofDenton Canlprehenseve Plan DRY means the city's Development Review Committee e. „„iron entdb Sensitive Areas (ESAs) means an area that is shown on the City of Denton Envi&qnmentgay Sensitive Areas Map The ESA map includes floodway, floodplam fringe, riparian area, wetlands, ponds, lakes, rivers, and upland wooded habitat areas Final lit 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 Flo iain means the area designated as subject to flooding from the base flood (one -hundred - year flood) on the flood insurance rate map The floodplain includes the floodway Floodwav means a aver, 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 elevation any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insurance rate map \\CH LGL\VOLT\SHARED\DEPT\LGL\Our Documents\Ordinances\00\Draft#10 lnt Nonres Stndrds Ord Adopted 2march00 doe Floo&4y frtnae means the area located within the floodplam and outside the floodway Neighborhood Center means the area defined and described in the City oiDenton Comprehensive Nonresidential, nonresidential zoning district or nonresidential uses means any land use that is not a multi -family dwelling, two-family dwelling, one -family dwelling, attached, and one - family dwelling, detached uses This definition includes all land uses listed in Section 35-77 of the City of Denton Code except all uses listed under 'B Primaa Residential Uses" and .�L Agricultural Type Uses — Farm or Ranch. " Planned development means a planned development district as defined in Chapter 35, Article IV of the Code of Ordinances of the City Preliminary 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 fMorty 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 Qualified masonry rn oduct means brick, stone, stucco or masonry material that replicates brick, stone or stucco Regional Acdyft Center means the area defined and described in the CiU of Denton Comprehensive Plan. Rezoninr 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 amend or approve a concept plan, development plan or detailed plan Street tree means a tree that is listed on the city's list of eligible street trees adjacent to a public right-of-way Zonine 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 the establishment of a planned development and approval of a concept plan, development plan or detailed plan Zoning gp rp oval means the adoption of an ordinance approval zoning or rezoning and includes approval of a concept plan, development plan or detailed plan Zoning map means zoning district map as defined in Section 35-3 of the Code of Ordinances of the City 0 \\CH LGL\VOLT\SHARED\DEPT\LOL\Our Documents\OrdmanceAMDratt#10 lot Nonres Slndrds Ord Adopted 2march00 doc SECTION C. 70N09PLANS 7onina Plan Reauirements. Every nonresidential development application Identified in Section A 2 a shall be accompanied by a zoning plan The zoning plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential development application, based upon the standards set forth in this section, provided that all other standards applicable to the nonresidential development application have been met If the development application already contains the information and documents set forth in this section, then such application may be treated as a zoning plan and shall be evaluated under the standards in this section If the application is approved or approved with conditions, the zoning plan shall be incorporated as a part of the approval A zoning plan shall contain the following a Project name, vicinity map, scale, north arrow, and date b The location and acreage of proposed land uses for the property to be developed for nonresidential land use and any contiguous property in unified ownership For each nonresidential land use that is proposed, the following information must be provided - Proposed mimmum lot size - Proposed minimum lot width and depth - Proposed building lines Front, rear, and side - Proposed maximum Floor -to -Area Ratio (F A R ) c Any reservations or dedications proposed d Location of all Environmentally Sensitive Areas, including any field inspection information that provides more detail for clanfication purposes, and an indication of any planned mitigation to changes to natural features e All open space to be preserved consistent with standards set forth in this ordinance f An assessment of public facilities, demonstrating the adequacy of or provision for public facilities serving the proposed development g Proposed compatibility measures to be incorporated into the project design, including adjacent density, building materials, or buffering and screening from adjacent uses h Zoning designations adjacent to the proposed development I The proposed method, connection, provider, and location of (1) The proposed water system (2) The proposed wastewater system (3) The proposed method of drainage of the property (4) The proposed method of erosion and sedimentation control j Location of drainage ways, environmentally sensitive areas, or public utility easements in and adjacent to the proposed development k Location and size of existing utilities along or within any easement 1 Limits of 100-year floodplam and floodway 7 \\CH LGL\VOLT\SHARED\DEPT\LGL\OurDocuments\Ordinances\00\Draft #10 Int Nonres Shrdrds Ord Adopted 2march00 doe in 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 n Vehicular linkages, if any, to adjacent properties in accordance with access management principles o Drainage Study, to the extent needed to determine land areas subject to dedication or reservation for drainage purposes p Water and Wastewater Demand Calculations, to the extent needed to determine that adequate water and wastewater services are available to serve the property q Location of existing utilities r Any other information deemed necessary by the Director to analyze the project 2 Standards ADplicable to Zonin$ P ans a. Nature of Standards The standards contained in this section governing zoning plans are minimum standards These interim development regulations are not intended to limit the discretion of the City Council to deny a nonresidential development application that achieves the nu n ium standards contained in this section, or to condition the application based upon overall considerations of health, safety and general welfare b. Comprehensive Plan Consistency Standards. (1) Land Use Plan and Land Use Intensity. Zoning plans for nonresidential uses must demonstrate consistency with the standards set forth in the comprehensive plan, including the land use plan and district designations (2) Environmentally Sensitive Areas. Environmentally Sensitive Areas (ESAs) shall be preserved to the fullest extent possible, and shall be integrated with the design of the project The zoning plan shall identify all ESAs contained within the development and the methods undertaken to preserve the ESAs For mixed use projects, the nonresidential areas shall be clearly differentiated from residential areas in addressing the method of preserving ESAs In designing nonresidential projects to preserve ESAs, the following rules apply (a) An ESA may be integrated with buffer yards and other open space features on the site and such areas may be included in calculating minimum landscaping requirements for the project, (b) The intensity of use for the nonresidential development may be increased on developable areas outside the ESA up to the estimated floor -to -area ratio achievable for the type of use \\CH LGL\VOLT\SHARED\DEPT\LGL\Our Documenis\0rdtnance8\00\DmR#10 Int Nonres Stndrds Ord Adopted 2march00 doc proposed under the City's zoning regulations currently applicable to the property, (c) Areas within the flood fringe used to provide parking areas for the nonresidential development must provide pervious paving materials (3) Compatibility Standards Zoning plans must demonstrate that the proposed development is compatible with the existing and planned adjoining uses and the character of the area in which the project is located, as per the following standards (a) Masonry If 50% of the structures located within 200 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 structures within the project should have elevations comprised of no less than 75% qualified masonry products (b) T andscUii g and Screening Landscaping and screening shall be used to ensure compatibility with adjoining uses according to the following standards (1) For existing single-family residential land uses adjacent to proposed nonresidential development 1 Minimum bufferyard width of 20 feet ii Minimum number of canopy trees equal to 1 per 15 linear feet of bufferyard, and in Mimmum number of understory trees equal to 2 for each canopy tree (2) For existing multi -family residential land uses adjacent to proposed nonresidential development 1 Minimum bufferyard width of 15 feet u Minimum number of canopy trees equal to 1 per 20 linear feet of bufferyard, and in Minimum number of understory trees equal to 11/2 for each canopy tree (3) For existing nonresidential land uses considered to be lower in land use intensity adjacent to proposed nonresidential development considered to be higher in land use intensity 1 Minimum bufferyard width of 10 feet n Minimum number of canopy trees equal to 1 per 25 linear feet of bufferyard, and in Minimum number of understory trees equal to 1 for each canopy tree \\CH LGL\VOLT\SHARED\DEPT\LGL\Our Documents\Ordinances\00\Dra@ #101nt Nonres Stndrds Ord Adopted 2march00 doc (4) Adequate Public Facilities (a) 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 (1) Proposed public improvements shall conform to and be properly related to the City's subdivision regulations, applicable master plans and capital improvement plans (2) 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 SECTION D. PROJECT PLANS 1 Project Plan Requirements Every nonresidential development application identified in Section A 2 b and which is not exempt under Section A 3 shall be accompanied by a project plan In addition, every development application identified in Section A 2 a which deferred satisfaction of project plan requirements at the time of approval of the zoning plan must receive project plan approval prior to or contemporaneous with building permit approval The project plan shall be the basis for the City Council's decision whether to approve, approve with conditions or deny the nonresidential development application, based upon the standards set forth in this section, provided that all other standards applicable to the nonresidential development application have been met If the development application already contains the information and documents set forth in this section, then such application may be treated as a project plan and shall be evaluated under the standards in this section If a Zoning Plan contains several parcels that the property owner intends to develop in a similar manner with similar design characteristics, Council shall review and approve the first Project Plan, and may specify the conditions under which subsequent Project Plan approvals may be approved by the Director of Planning & Development If the application is approved or approved with conditions, the project plan shall be incorporated as a part of the approval Any Project Plan shall be valid for twenty-four (24) months from the date of its approval If no construction begins pursuant to a building permit withm the twenty-four (24) months, the Project Plan shall automatically expire and no longer be valid A project plan shall contain the following 10 \\CH LGL\VOLT\SHARED\DEPT\LGL\Our Documents\Ordmances\00\Draft#10 Int Nonres Stndrda Ord Adopted 2march00 doc a All of the information contained in a zoning plan, which will be for informational purposes only b 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 c Lot layout with dimensions for all lot Imes and lot area d 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 e Area calculations (1) The total area in the development (2) The gross floor area of all existing and proposed structures (3) Area and percentage of the total project area coverage by i Structures ii Streets, roads, and alleys in Sidewalks iv Recreation areas v Landscaping vi The total area covered by tree canopy at maturity of the trees vii Parking areas P Location and size of all existing and proposed public utilities in and adjacent to the proposed development with the locations shown of (1) Water lines and diameters (2) Sewers, manholes and cleanouts (3) Storm drams and catch basins (4) Fire hydrants (5) Access, location, and screening of all dumpsters (6) Location and size of all public utility easements g Location, size, and use of contemplated and existing public areas within the proposed development h A topographic map of the site at a two -foot contour interval i Location of all parking areas and all parking spaces, ingress and egress on the site, and on -site circulation j Use designations for all areas not covered by buildings, parking, or landscaping k All information necessary to demonstrate compliance with the terms and/or conditions of Zoning Plan approval in relation to Environmentally Sensitive Areas 1 A landscape plan showing in detail the location, type, and size of the proposed landscaping and plantings, and all calculations necessary to indicate compliance with Chapter 31 of the Code of Ordinances in The elevations, surface area in sq ft , illumination type, height, and construction (material and style), and locations of all proposed signs for the development n Architectural information as required by this section for all structures proposed within the Project Plan area All Project Plans shall indicate the material, windows, doors, and other design features of proposed structures, including all visible mechanical equipment, such as for heating and cooling Elevation drawings may be provided, and shall be submitted drawn to scale of one (1) inch 11 \\CH LGL\VOLT\SHARED\DEPT\LGL\Our Documents\Ordinances\00\DraR#10 Int Nonres Smdrds Ord Adopted2march00doc equals ten (10) feet or greater Text descriptions shall include performance standards that will apply to Project Plan structures as necessary to indicate compliance with the Project Plan standards o Any other information deemed necessary to analyze the project 2. Project Plan Standards. a. Minimum Project Plan Standards The following minimum standards of project design shall be addressed in the project plan (1) Underground Utilities — All developments must provide for underground utility installation, excepting electrical main sub -station feeders (2) Interconnected streets — Where applicable, all streets must connect to other streets at both ends, or provide for the future connection when adjacent to undeveloped property (3) Architecture — The nonresidential project shall employ an architectural design that is compatible with the physical dimensions and features of the subject property and with adjacent land uses, based on the following factors (a) All buildings and structures comprising the project should have an integrated design, (b) Buildings generally shall be oriented toward the street, and major entranceways should face the street, (c) Building scale, including the height and bulk of structures, should be internally consistent and should be similar to the scale of adjacent nonresidential structures, if any, (d) Mechanical equipment and storage areas shall be screened from the street and from adjacent residential land, (e) Facades should incorporate windows, jogs, offsets or similar features to provide visual diversity, (f) Roofs, alcoves, porticos or awnings should be used where feasible to protect pedestrians from the effects of climate, and (g) Building materials should be internally consistent and compatible with the character of the area in which the project is located (4) Garage, door orientation and setbacks - Garage doors should not face any adjacent street frontages, except alleys Where site limitations preclude the opportunity to orient garage doors away from the street, other design measures should be employed to screen or minimize visibility from public rights -of -way (5) Access management principles should be employed to minimize traffic flow disruptions on collector and arterial streets (6) Street trees - One (1) street tree per 50 linear feet of lot boundary adjacent to a street (7) pedestrian Circulation and Linkages — The Project Plan should provide safe and convenient pedestrian circulation appropriate to the proposed 12 \\CH LGL\VOL1\SHARED\DEPT\LGL\Our Documents\Ordinance8\00\D1aE #10 Int Nonres Stndrds Ord Adopted 2merch00 doc land use Pedestrian linkages to adjacent properties should be facilitated in appropriate locations (8) Parking Visibility — Parking areas should be screened from public rights - of -way to the extent possible When visible from public rights -of -way, parking areas should be organized in smaller sub -lots to avoid large, uninterrupted expanses of pavement (9) Lighting — Lighting shall be designed in a manner that will not shine upward, minimizing the diffusion of light into the atmosphere, and shall not shine on adjacent properties (10) Traffic calming devices - Approved traffic calming devices should incorporated into the street patterns where appropriate (11) Fences - Fencing should be treated as a design element, and be visually appropriate for its proposed location Attention should be paid to details such as use of qualified masonry products and design features as accent columns, articulation, or caps If used along an arterial and collector streets, consideration should be given to openings in fences to provide visual entry into the project area The use of berms is encouraged (12) I andscaned area or art - Landscaped features such as fountains, gardens, or other features that enhance the project are encouraged Art such as monuments or other sculptural objects that enhance the project may also be considered Such elements should be visible and/or accessible to the public (13) Transit fac11 s - the provision of bus turn -outs and covered seating areas for bus riders should be considered, depending on site location, levels of activity, and type of site visitation SECTION E COMPREHENSIVE PLAN CONSISTENCY 1. Regurrements. Every nonresidential development application identified in Section A 2 b or Section A 2 c, which does not require the submittal of a Zoning Plan pursuant to Section C, and which is not exempt under Section A 3, shall be subject to a separate evaluation of Comprehensive Plan Consistency No such development application shall be accepted for filing until the requirements of this Section E have been satisfied Such development applications shall be considered incomplete until such requirements are satisfied a. New Applications Prior to filing a nonresidential development application consisting of a Planned Development Detailed Plan, preliminary plat, or final plat that is not subject to Section C — Zoning Plan requirements, a petition shall be submitted to the Director of Planning and Development requesting an evaluation of Comprehensive Plan Consistency Upon making a finding of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures Upon making a finding of inconsistency, the 13 \\CH LGL\VOLT\SHARED\DEPT\LOL\Our Documents\Ordinances\00\Draft #101nt Nonres Stndrds Ord Adopted 2march00 doe Director shall place the application on the next available City Council agenda, whereupon the City Council shall determine if a rezoning petition, for a use more consistent with the comprehensive plan, will be initiated on behalf of the City If a rezoning petition is not initiated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures In such case the development application will be accepted for filing b. Pending Applications Pending Planned Development Detailed Plans, preliminary plats, or final plats that have been filed before the effective date of this ordinance, and are not subject to Section C — Zoning Plan requirements, must be evaluated for Comprehensive Plan Consistency before any further processing of the application is allowed The Director of Planning and Development shall prepare an evaluation of Comprehensive Plan Consistency for each individual application within thirty (30) days of the effective date of this ordinance Upon making a finding of consistency, the Director shall in writing notify the petitioner that the development application shall be reviewed in accordance with regularly scheduled procedures Upon making a finding of inconsistency, the Director shall place the application on the next available City Council agenda The City Attorney shall prepare a determination and advise the City Council of the status of vested rights with respect to the application The City Council shall then determine if a rezoning petition, for a use more consistent with the comprehensive plan, will be initiated on behalf of the City If a rezoning petition is not initiated, the petitioner shall be notified in writing that the development application review process will be resumed in accordance with regularly scheduled procedures SECTION F. EROCEDURES Application requirements. No development application subject to these interim development regulations shall be approved without submission and approval of a zoning plan or a project plan, as provided herein, consistent with the standards in this ordinance If the application is approved, the approved zoning plan or project plan shall be incorporated as an element of the approval Processing of And derision on mans. (a) Zoning Plans Zoning plans shall be processed and decided by the City Council in accordance with the same procedures designated in existing development regulations for processing and decision set forth in Section 35-7 of the City Code of Ordinances (b) Project Plans Project plan applications may be submitted, reviewed, and decided by City Council 14 \\CH LGL\VOLT\SHARED\DEPT\LGL\Our Documents\Ordinances\00\Drati #10 lot Nonres Smdrds Ord Adopted 2malch00 doc concurrently with Zoning plan applications or as independently reviewed development applications Review and decision on Project plan applications shall be made by City Council, upon notice to residents of property located within 500 feet of the Project plan property, in accordance with established Courtesy Notice procedures (c) Comprehensive Plan Consistency Comprehensive Plan Consistency evaluations shall be conducted by the Planning and Development Department, and the Director of Planning and Development shall make an admimstratrve determination of consistency in accordance with Section E Should the Director make a determination that requires referral to City Council for further consideration due to Comprehensive Plan inconsistency, the City Council shall decide by simple majority whether to allow the development application to be accepted for filing and/or continue the review process as regularly scheduled, or whether to initiate a rezoning of the subject property determined to be inconsistent 3 Decision on application. The City Council shall determine whether to approve, approve conditionally or deny the development application based upon its decision on the zoning plan or project plan in accordance with the standards in these interim development regulations and pursuant to the discretion vested in it by state law and city charter 4. Project timine a The property owner may elect to reserve portions of the property for future nonresidential development for development approval after the adoption of the City's Development Code Such tracts shall be clearly indicated on the zoning plan b The City Council 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 Relief rearrests a The applicant may petition the City Council for relief from these interim development regulations by requesting such relief in writing The request for relief shall be considered by the City Council in conjunction with action on the project plan and development application b 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 nonresidential development standards deprives the applicant of a vested property right or deprives the applicant of the economically viable use of his land 15 \\CH LGLtlOLI\SHARED\DEPT\LGL\Our Documents\Ordinances\00\Draft WI0 Int Nonres Stodrds Ord Adopted 2march00 doe In deciding whether to grant relief to the applicant, the City Council shall take into consideration the following (1) whether granting relief from the nonresidential 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, (2) the suitability of the proposed nonresidential uses in light of land uses allowed in the zoning districts on property adjacent to the proposed site, (3) the impact of the proposed nonresidential use on the transportation and other public facilities systems affected by the development, (4) the measures proposed to be taken by the applicant to prevent negative impacts of the proposed use on the surrounding properties, (5) the likelihood that sufficient relief will be provided to the applicant following adoption of the City's Development Code, (6) the total expenditures made in connection with the proposed nonresidential development in reliance on prior regulations, including the costs of installing infrastructure to serve the project, (7) any fees reasonably paid in connection with the proposed use, and (8) any representations made by the City concerning the project and reasonably relied upon to the detriment of the applicant d The City Council may take the following actions (1) deny the relief request, (2) grant the relief request, or (3) grant the relief request subject to conditions consistent with the criteria set forth in this section 6. Minimum relief. Any relief granted by the City Council shall be the minimum deviation from ordinance requirements necessary to prevent deprivation of a vested property right 16 \\CH LGL\VOLT\SHARED\DEPTVLGL\Our Documents\Ordinances\OO\Draft#10 Int Nonres Smdrds Ord Adopted2mamhoodoc Section II. Environmentally Sensitive Areas Man. The Environmentally Sensitive Areas Map, attached hereto to Exhibit A, is hereby incorporated into this ordinance, and shall be used to evaluate development applications as stipulated in all references to Environmentally Sensitive Areas Section III. Severability. 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 IV. Recission of Moratorium Ordinance 99-474, adopted by the City Council on December 14, 1999, Ordinance 2000- 017, adopted by City Council on January 4, 2000, and Ordinance 2000-065, adopted by City Council on February 15, 2000, shall be rescinded and repealed on the effective date of this ordinance Section V. Effective Date. This ordinance shall become effective upon the date of its passage and approval Section VI.. avi lause. 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 PASSED AND APPROVED this the 2nd day of March, 2000 ATTEST JENNIFER WALTERS, SECRETARY APPROVED AS TO LEGAL FORM HERBERT L� RAOUTY, CITY ATT M 17 v8Z JAC IL ER, MAYOR P %�EP LWm -m - b bWIm Novn dmtl.l SlmEudad ORDINANCE NO ao,0-179 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO 2000-069 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR REVISIONS TO TO SAID REGULATIONS, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted Ordinance No 2000-069 (the "Nonresidential Interim Regulations") 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 WHEREAS, the City Council finds that it is in the public interest to make certain amendments to the Nonresidential Interim Regulations, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION 1 Section B of Ordinance No 2000-069 as it pertains to a definition of "Development Application" is hereby amended to read as follows DpveloRment annlication means the application form and all accompanying documents and exhibits required of the applicant by the City for development review purposes and includes any of the following applications for nonresidential uses zonings, rezonings, planned developments, concept plans, detailed plans, development plans, preliminary plats and final plats SECTION 2 Subsection A 3 Exemptions of Ordinance No 2000-69 is hereby amended to add the following exemption Tlus Ordinance does not apply to any building expansions and/or additions to an existing building or structure of less than 10%, or 1000 square feet, which ever is less SECTION 2 All other provisions of Ordinance No 2000-069 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 Page 1 of 2 P �SHAAeD�DCPILLOil9v DxvmmiMNbm�u\9RIn mmdmmt w Immm N,m,ddmlln 31®E V N.4x PASSED AND APPROVED this the �� day of 7' 2000 ATTEST JENNIFER WALTERS, CITY SECRETARY By dmul di )jn .9&-d-2 APPROVED AS TO LEGAL FORM HERBERT L YROUTY, CITY ATTORNEY Lm EULINE BROCK, MAYOR Page 2 of 2 s wm powmmuwNm.uemwl�Rrye,l I.. W.Ilddwual Rep &- ORDINANCE NO 000/ l jov AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NOS 2000-069 AND 2000-179 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM REGULATIONS"; PROVIDING FOR SURVIVAL OF THE NONRESIDENTIAL INTERIM REGULATIONS FOR DEVELOPMENTS PREVIOUSLY APPROVED UNDER THEM, PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS CLAUSE. WHEREAS, the City of Denton has enacted Ordinance No 2000-069 which was later amended by Ordinance No 2000-179 (the "Nonresidential 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, and WHEREAS, the City Council finds that it is in the public interest to repeal the Nonresidential Interim Regulations, and THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION I Ordinance No 2000-069 and Ordinance No 2000-179 are hereby repealed in their entirety, except they will remain in full force and effect for those properties that have received any prior approvals under such ordinances SECTION 2 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 3 This ordinance shall become effective upon the date of its passage and approval PASSED AND APPROVED this the dii - day of 2001 EULINE BROCK, MAYOR ATTEST JE FER WALTERS, ITY SECRETARY By AP VED AS TO LEGAL FORM HERBERT UT ITY ATTORNEY By LEGEND /\/City of Denton ETJ Transportation /Railroads Airport Rails -to -Trails Sanger Roads P71 Lakes Environmentally Sensitive Areas tKrurn Z A -I Argyle II i AIN 94 t �, r. W. �d runi CITY OF DENTON - INTERIM MAP ENVIRONMENTALLY SENSITIVE AREAS WETLANDS, STREAM BUFFERS,FLOODPLAIN, & TREE CANOPY City of Denton 215 E. McKinney Denton, Texas 76201 (940) 349-8230 1:7250 JANUARY - 200C