1991-016arttQFebruary 6 1991
ORDINANCE NO R1_ 01(D
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE 11 OF
APPENDIX B-ZONING OF THE CODE OF ORDINANCES RELATING TO PLANNED
DEVELOPMENT DISTRICTS, AMENDING THE TYPE OF PLANS REQUIRED AND THE
INFORMATION REQUIRED FOR EACH, AMENDING THE APPROVAL PROCESS,
AMENDING THE PROVISIONS FOR DEVELOPMENT SCHEDULES, PROVIDING FOR A
SEVERABILITY CLAUSE, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000 FOR VIOLATIONS THEREOF, AND PROVIDING FOR AN EFFECTIVE
DATE
SECTION I That article 11 of Appendix B-Zoning of the Code of
Ordinances is amended to read as follows
Article 11 Planned development districts
A General Provisions
Purpose The purpose of this article is to provide for
the creation of Planned Development zoning districts
These districts are intended to provide for the deve-
lopment of land as an integral unit for single or mixed
use in accordance with a plan that may vary from the
established regulations of other zoning districts
They are also meant to encourage flexible and creative
planning to ensure the compatibility of land uses, to
allow for the adjustment of changing demands to meet
the current needs of the community, and to provide for
a development that is superior to what could be accom-
plished in other zoning districts by meeting one or
more of the following purposes
(a) Provides for a design of lots or building, in-
creased recreation, common or open space for
private or public use, berms, greenbelts, trees,
shrubs or other landscaping features, parking
areas, street design or access, or other develop-
ment plans, amenities or features that would be of
special benefit to the property users or communi-
ty,
(b) Protects or preserves topographical features, such
as trees, creeks, ponds, floodplains, slopes or
hills, or
(c) Protects or preserves existing historical build-
ings, structures, features or places
Definitions
Commission shall mean the Planning and Zoning Com-
mission
Department shall mean the Department of Planning and
Community Development
PD or District shall mean a planned development zoning
district
Plan shall mean a general concept plan, development
plan or detailed plan
Application to Existing Undeveloped Districts The
provisions of this article requiring the submission and
approval of a detailed plan prior to development of the
District shall apply to any District for which devel-
opment has not begun and for which no detailed plan has
been approved which substantially complies with the
requirements of this article
Notice, Hearing, and Written Protests The provisions
of Chapter 211 of the Local Government Code relating to
notices, public hearings, and written protests for
changes in zoning districts or regulations shall apply
to requests for approval or amendment of general
concept plans, development plans and detailed plans,
except detailed plans over which the Commission has
final approval authority
B
Approval of Districts and Plans
District Plans There are three types of plans that
may be used in the planned development process The
general purpose and use of each plan is described as
follows
(a) General concept Plan This plan is intended to be
used as the first step in the planned development
process for larger or long term developments it
establishes the most general guidelines for the
District by identifying the land use types, ap-
proximate thoroughfare locations and project
boundaries and illustrates the integration of
these elements into a master plan for the whole
District
(b) Development Plan This plan is intended to be
used most often as the second step of the PD
process The development plan contains all the
information of a general concept plan, but in-
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cludes more detailed information as to the specif-
ic land uses and their boundaries
(c) Detailed Plan The detailed plan is the final
step of the planned development process It con-
tains the details of development for the property
For smaller tracts or where final development
plans are otherwise known prior to rezoning, the
detailed plan may be used to establish the dis-
trict and be the only required step in the planned
development process
Approval of District The City Council may, after
receiving the report of the Commission, approve by
ordinance the creation of a district based upon a
general concept, development, or detailed plan The
approved plan shall be made part of the ordinance
establishing the district Any amendments to a general
concept plan or development plan must be in harmony
with the plan for the entire district and must be
approved by the City Council by ordinance
Approval of Development Plan If a District is appro-
ved based upon a general concept plan, the Council may
thereafter approve by ordinance a development plan by
ordinance for all or part of the District, a copy of
which shall be attached to the ordinance creating the
District If the applicant requests approval of a
detailed plan for property for which no development
plan has been approved, the detailed plan must be
approved by the City Council
Commission Approval of Detailed Plans The Commission
1s delegated the authority to approve a detailed plan
or the amendment of a detailed plan for property for
which a development plan has been approved by the City
Council, unless no detailed plan has been approved for
the property within ten years of the date of approval
of a development plan, in which case the detailed plan
must be approved by the City Council, after notice and
hearing The approved detailed plan shall be attached
to the ordinance establishing the District The Com-
mission shall approve the detailed plan if it finds
that
(a) The plan complies with the general concept plan or
development plan approved for that property,
(b) The plan provides for a compatible arrangement of
buildings and land uses and would not adversely
affect ad3oining neighborhoods or properties out-
side the plan,
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(c) The plan provides for the adequate and safe circu-
lation of vehicular traffic, and
(d) The plan is in substantial compliance with the
landscape, sign, subdivision and other regulations
of the City, or, if not, the plan offers corre-
sponding benefits that merit deviation from those
regulations
5 Conditions Imposed The Commission or the City Council
may impose conditions concerning the location, use,
arrangement, construction or development of the
District in order to ensure the appropriate use of the
District and to protect surrounding properties
Expiration of Detailed Plan Any detailed plan approv-
ed after February 15, 1991, shall be valid for twenty-
four (24) months from the date of its approval If no
construction begins pursuant to a building permit
issued for the property within the 24 months, the
detailed plan shall automatically expire and no longer
be valid The Commission may, prior to expiration of
the detailed plan, for good cause shown, extend for up
to 360 days the time for which the detailed plan is
valid
Appeals from Commission Action If the Commission
disapproves a detailed plan over which it has final
approval authority, or imposes conditions, or refuses
to grant an extension of time for which a detailed plan
is valid, the applicant may appeal the decision to the
City Council by filing a written request with the
Department within ten (10) days of the decision
C Applications and Submissions
Application. Fee and Plan Required Any person
requesting rezoning to a planned development district,
or the amendment of a District plan, shall submit an
application, the fee and the required plan and informa-
tion to the Department All plans, studies, maps, and
other information which the petitioner wishes to be
considered by the Commission or Council must be submit-
ted to the Department at least two weeks prior to the
public hearing on the request Should the petitioner
submit additional information after that time, the Com-
mission or Council may defer consideration to allow the
Department time to review the additional information
2 Form and Manner To properly process applications and
administer this article, the Department is authorized
to specify the form and manner in which all required
information and plans are to be submitted Requests
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for amendments to part of a District must take into
account the approved plan for the whole District The
applicant may be required to show the remainder of a
District not included in the petition in order to
determine whether the amendment would be in harmony
with the plan for the entire District
}additional Information Required or Waived The Depart-
ment, Commission, or Council may require the submission
of additional plans, statements, or other information
not specified in this article if necessary to properly
evaluate the petition The Department may also waive
any required information it finds it unnecessary for
proper consideration of the petition
General Concept Plan Information A general concept
plan shall contain the following information
(a) Relation to the Master Plan A general statement
setting forth how the proposed District will
relate to the City's comprehensive plan and the
degree to which it is or is not consistent with
that plan
(b) Acreage The total acreage within the proposed
District
(c) Survey An accurate survey of the boundaries of
the District
(d) Land Uses Proposed general land uses and the
acreage for each use, including open space For
residential development, the total number of units
and the number of units per acre
(e) General Thoroughfare Layout Proposed streets, as
a minimum to arterial street level (Showing col-
lector and local streets is optional )
(f) Development Standards Development standard for
each proposed land use, as follows
(1)
Minimum
lot area
(2)
Minimum
lot width and depth
(3)
Minimum
front, side, and rear yard areas
(4)
Maximum
height of buildings
(5)
Maximum
building coverage
(6)
Maximum
floor to area ratios for nonresi-
dential
uses
(7)
Minimum
parking standards for each general
land use
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(g) Existing Conditions on a scaled map as specified
by the Department, the following shall be shown
for the area within and adjacent to the proposed
District
(1) Topographic contours of ten (10) feet or
less
(2) Existing streets
(3) Existing 100 year floodplain, floodway and
major drainage ways
(4) City limits and E T J boundaries
(5) Zoning districts
(6) Land use
(7) Utilities, including water, wastewater, and
electric lines
Development Plan Information The development plan
shall contain all the information required for a
general concept plan, plus the following
(a) Permitted Uses A table listing the specific
permitted uses proposed for the property to the
detail specified by the Department
(b) Boundaries A map showing the boundaries of the
different land uses and the boundary dimensions
6 Detailed Plan Information The detailed plan shall
contain the following information
(a) Acreage The acreage in the plan as shown by a
survey, certified by a registered surveyor
(b) Land Uses Permitted uses, specified in detail as
determined by the Department, and the acreage for
each use
(c) Off-site Information Adjacent or surrounding
land uses, zoning, streets, drainage facilities
and other existing or proposed off-site improve-
ments, as specified by the Department, sufficient
to demonstrate the relationship and compatibility
of the District to the surrounding properties,
uses, and facilities
(d) Traffic and Transportation The location and size
of all streets, alleys, parking lots and parking
spaces, loading areas or other areas to be used
for vehicular traffic, the proposed access and
connection to existing or proposed streets
adjacent to the District, and the traffic
generated by the proposed uses
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(e) Buildings The location, maximum height, and
minimum setbacks for all buildings, and if
nonresidential, the maximum total floor area
(f) Residential Development The number, location, and
dimensions of the lots, the minimum setbacks, the
number of dwelling units, and number of units per
acre (density)
(g) Water and Drainage The location of all creeks,
ponds, lakes, floodplains or other water retention
or major drainage facilities and improvements
(h) Utilities The location and route of all major
sewer, water, or electrical lines and facilities
necessary to serve the District
(i) Trees and Landscaping The location of all pro-
tected trees and a landscape plan as required by
the City's landscape ordinance
(7) Open Space The approximate location and size of
greenbelt, open, common, or recreation areas, the
proposed use of such areas, and whether they are
to be used for public or private use
(k) Screening The location, type, and size of all
fences, berms, or screening features proposed be-
tween different land uses or adjacent properties
(1) Signs Location, type, and size of all signs
regulated by the City's sign ordinance
(m) Sidewalks and bike paths Sidewalks or other
improved ways for pedestrian or bicycle use
D Development of the PD District
1 Compliance with Approved Plan No development shall
begin and no building permit shall be issued for any
land within a District until a detailed plan has been
approved for that land All Districts shall be deve-
loped, used and maintained in compliance with the
approved detailed plan for the District All other
plans, maps, drawings, pictures, written statements or
other representations on which the City Council or Com-
mission relies in approving a detailed plan shall be
considered part of the approved detailed plan and shall
be incorporated in the ordinance and be binding upon the
property
Permitted Uses The permitted uses for a District shall
be specified in the approved detailed plan No person
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shall have the right to make use of any property within
a District for any permitted use except upon approval of
the detailed plan showing the location and layout of the
permitted use
3 Corrections of Errors Omissions on Detailed Plan Upon
the request of an applicant, the chairperson of the
Development Review Committee may authorize minor tech-
nical changes or adjustments in the approved detailed
plan to correct errors or omissions, so long as such
changes do not substantially change the use, character,
or design of the development
4 Regulations Aoplied, Omissions All conditions, regula-
tions, and development standards for the district shall
be contained in the ordinance or approved detailed plan
for the district If any regulation or restriction
applied in other zoning districts by Appendix B-Zoning
is omitted in the approved ordinance or detailed plan,
the regulation applicable in the most comparable zoning
district, as determined by the Department, shall apply
to the property Any person aggrieved by the Depart-
ment's decision may appeal the determination to the City
council after recommendation by the Commission
SECTION II That the fees applicable to planned developments
are amended as follows
Request for approval of detailed plan
Request for approval of a general
concept or development Plan
Request for minor amendment of a
detailed plan or extension of time
$1,000 00 plus
$ 50 00 per acre,
or part thereof, to a
maximum of $6,000 00
$ 500 00, plus
$ 25 00 per acre,
or part thereof, to a
maximum of $3,000 00
$ 175 00
SECTION III That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity
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SECTION IV That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,000 00 Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense
SECTION V That this ordinance shall become effective fourteen
days (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage
PASSED AND APPROVED this the J day of , 1991
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APPROVED AS TO LEGAL FORM
DEBRA A DRAYOVITCH, CITY ATTORNEY
BY Y V 1
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