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1986-0841319L NO O 8 -y/,9 Od'~, AN ORDINANCE AMENDING ARTICLE 11 OF APPENDIX B-ZONING OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, TO PROVIDE FOR REGULATIONS AND PROCEDURES FOR THE CREATION AND DEVELOPMENT OF PLANNED DEVELOPMENT ZONING DISTRICTS, PROVIDING FOR A MAXIMUM PENALTY FOR ONE THOUSAND DOLLARS ($1,000 00) FOR VIOLATIONS THEREOF, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I That Article 11 of Appendix B-Zoning of the Code of Ordi- nances, City of Denton, Texas, is hereby amended to read as follows ARTICLE 11 PLANNED DEVELOPMENT DISTRICTS A General Provisions Purpose The purpose of this article is to provide o~ r the creation of zoning districts, to be known and designated as planned development (PD) districts, to allow for the development of land as an integral unit for a single or mixed use of land in accordance with a development plan that varies from the established regulations of other zoning districts PD districts are intended to provide for and encourage flexible and creative planning to insure 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 accomplished under zoning regulations for other districts in that it serves one or more of the following purposes, (a) provides for a design of lots or buildings, increased 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 plan, amenities, or features that would be of special benefit to the property users or community, (b) protects or preserves topographical features, such as trees, creeks, ponds, floodplains, slopes or hills, or (c) protects or preserves existing historical buildings, structures, features or places 2 Definitions As used in this article, the following mean (a) Commission The Planning and Zoning Commission (b) Department The Department of Planning and Community Development (c) PD or district A planned development zoning district 3 A lication to Existin PD Districts The provisions o t 1s article s all apply to all PD districts, or parts thereof, approved prior to the effective date of this article for which development has not begun For purposes of this provision, "development" shall mean the actual construction of the district, or part thereof, in accordance with a valid building permit issued prior to the effective date of this ordinance If the provisions of this ordinance apply to any district created prior to the effective date of this ordinance by reason of nondevelopment, no development in the district, or part thereof, shall begin until the detailed plan for the district, or part thereof, is submitted and approved in accordance with this ordinance In no case shall a site plan for a district, approved prior to the effective date of this ordinance, be considered to be a concept or detailed plan meeting the requirements of this ordinance unless such plan contains all the information required herein for such plan 4 Public Notice and Hearing Requirement No district shall be established based upon a concept or detailed plan, and thereafter, no concept plan or detailed plan for the district approved by Council shall be amended, until public notice is given and a public hearing is held, as applicable, in accordance with the provisions of article 101la-1011,x, Texas Revised Civil Statutes, as amended, and the provisions of Appendix B-Zoning of the Code of Ordinances B Procedures For Applications and Submissions 1 A lication Fee and Plan Required Any person requesting t he esta lis ment of a planned development district, or the amendment of a previously approved concept or detailed plan for such district, shall submit an application, the applicable fee, and the required plan to the Department 2 Form and Manner To properly process applications and administer t is article, the Department is authorized to specify the form and manner in which all required information and plans are to be submitted 3 Requirements for Submission of Request, Deferral No request for approval of a district, concept or detailed plan, or amendment thereto, shall be submitted to the Commission or Council for consideration until an application, fee, and the information required by this article, have been properly submitted to the Depart- ment All plans, documents, studies, maps, charts, sketches, or other information regarding a proposed district, detailed plan, or an amendment to an existing district, which the petitioner wishes to be considered by the Commission or Council, must be submitted to the Department for its review at least two weeks prior to the scheduled public hearing on the request Should the Petitioner thereafter submit any additional information to the Department, Commission PAGE 2 or Council which the Department has not had adequate time to review, the Commission shall and the Council may, upon the request of the Department, defer consideration of the request until a later date to allow the Department to evaluate and consider such additional information 4 Waiver of Information Upon the request of petitioner, the Department may waive the submission of any required information when it is deemed to be clearly unnecessary for proper consideration of the request 5 Required Plans for Proposed or Amended District All applications or t e establishment o a istrict shall be accompanied by a detailed plan, unless the proposed district is to contain ten acres or more, in which case a concept plan may initially be submitted in lieu of the detailed plan Any person requesting the rezoning, or an amendment of a previously approved concept plan or detailed plan for part of a district shall submit such request in reference to the approved plan for the remainder of the district (a) Conce t Ilan The concept plan shall contain the ollowing information (1) Statement of Intent A general statement setting fort t Fe overall planning and develop- ment concept for the proposed district, the proposed method of developing or marketing the land or improved sites within the district, and the name of all persons, partnerships, or corporations who have, or are proposed to have, an ownership interest in the development of the proposed district (2) Relation to Comprehensive Plan A general statement setting forth how the proposed district will relate to the City's compre- hensive plan and the degree to which it is or is not consistent with such plan (3) Acrea a The total acreage within the proposed TI-strict and an accurate survey of the boun- daries of the district (4) Land Uses Proposed and existing land uses and the amount of acreage for each use The proposed land uses shall be specified in the manner determined by the Department (5) Off-Site Information Adjacent or surrounding lan uses, zoning, streets, drainage facil- ities, and other existing or proposed off-site improvements, as specified by the Department, sufficient to demonstrate the relationship and compatibility of the proposed district to surrounding properties, uses and facilities (6) Traffic and Transportation The approximate location and size of all existing or proposed streets, parking lots, loading areas or other areas to be used by the public for vehicular traffic within the district, the proposed access, and connection to, existing or proposed PAGE 3 streets projected generated district (7) Buildings of adjacent amount by the For informat to the district, and the of traffic which will be proposed uses within the proposed buildings, the ion shall be submitted (aa) approximate location, (bb) maximum height, (cc) minimum building setbacks, (dd) if for nonresidential use, the maximum total gross floor area (square feet), (ee) if for residential use, the number of proposed dwelling units and number of units per acre (density) (8) Residential Subdivisions For proposed resi- dential subdivision, tie following information shall be submitted (aa) number and location of lots, (bb) minimum size, width and depth of lots, (cc) minimum front, side and rear yard setbacks (9) Water and D The approximate location of al existing or proposed creeks, ponds, lakes, floodplaans or other water retention or major drainage facilities and improvements (10) Utilities The approximate location, and route all major sewer, water or electrical lines and facilities necessary to serve the district (11) Trees The approximate location of all existing trees over three inches an diameter, measured six feet from ground level, and the impact of the development on such trees (12) Open Space The approximate location and size o green elt, open, common or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use (13) Screening The location, type and size of all ences, berms or screening features proposed between different land uses or adjacent properties (14) Dev~eloPm-ent Schedule A development schedule s iowi g theprojected dates for the start of construction, rate of development and comple- tion of construction of the entire district, or all phases thereof If a concept plan is initially submitted for all or part of the PAGE 4 district, the specified date plan for the thereof, will b schedule shall include a within which a detailed site entire district, or each phase e submitted (b) Detailed Plan The detailed plan shall contain the following in ormation (1) All information required for the concept plan, provided, however, that whenever the information required for the concept plan is of a general nature (such as the approximate location of lots, buildings, streets, etc ) the information for the detailed plan for the same subject matter shall be made in specific detail (such as the actual location of lots, buildings, streets, etc ) (2) A landscape plan in detail, as directed by the Department, showing all major landscaping features (3) Location, type and size of all proposed signs which would be visible from any public street (4) Sidewalks or other improved ways for pedestrian use (5) All information required for preliminary plan or plats in accordance with the provisions of Appendix A (Denton Development Code) of the Code of Ordinances (6) A development schedule showing the projected date for the start of construction, rate of development and completion of construction of the development Additional Information In addition to the information specifically require herein for concept and detailed plans, the Department, Commission or Council may require the applicant to submit any additional plans, maps, sketches, drawings, written statements or other information which is necessary to review, make a recommendation on, or determination of, whether the proposed district would be an appropriate and compatible use of the land in accordance with the intent of this article Detailed Plan to Serve as Preliminary Plat A de- tailed plan require by this article to be approved by the City Council shall also serve as the preliminary plat required by Appendix A (Denton Development Code) of the Code of Ordinances C Creation and Amendment of PD District A royal b Council Based on Plan The City Council, a ter consi eration by the Commission, may approve by ordinance the creation of a district based upon a detailed plan, or in a proposed district of 10 or more acres, based upon a concept plan Where the Council approves a district based upon a concept plan, no development shall begin until a detailed plan for the district, or phase thereof, has been submitted to, and approved by the Commission The approved plan shall be attached to the ordinance establishing the district PAGE 5 No previously approved concept plan shall be amended without the approval of the City Council 2 Conditions Imposed The Department may recommend and ge Commission an city council may impose conditions concerning the location, use, arrangement, construction or development of the district in order to insure the appropriate use of the district and to protect sur- rounding properties The approved conditions shall be shown in the plan or ordinance approving the district D Commission Approval, Amendment, of Detailed Plans 1 Submission of Detailed Plan If a PD district is approve by the City Council ased upon a concept plan, the applicant shall thereafter submit to the Depart- ment for consideration by the Commission a detailed plan for the entire district, or each phase thereof, in accordance with the development schedule approved in the concept plan Upon the request of the applicant, the Commission may, for good cause, approve one or more extensions of time, not to exceed 120 days, in which a detailed plan must be submitted to the Commission if such request is made prior to the time the detailed plan is due If a detailed plan is not submitted within the required time, including any extensions granted, the Commission, after notification by the Director of the Department of such expiration, shall consider the rezoning of the property and make its recommendation to the Council 2 Detailed Plan to Comply with A roved Conce t Plan The commission s Fall not approve any etaile plan, or amendment thereto, which is not in substantial com- pliance with the concept plan approved by the City Council For purposes of this provision, a detailed plan which increases in the number of proposed dwell- ing units, the number, floor area ratio, maximum height, size, or lot area coverage of buildings, substantially changes the arrangement or type of buildings, setbacks, streets, access points or lots, or substantially changes any other development stan- dard, land use, or design, as shown in the approved concept plan, shall be considered as not being in sub- stantial compliance with the concept plan 3 Action by Commission, Appeals If the Commission approves a etaile plan, it shall be attached to the ordinance approving the district If the Commission denies approval of a detailed plan, refuses to grant an extension of time for the filing thereof, or imposes a condition in the approval of a detailed plan, the applicant may appeal such action to the City Council by filing a written request with the department within ten days of the action taken E Development of the PD District 1 Compli ance with A roved Plan No development shall gli an no E A ng permits shall be issued for the district, or part thereof, until a detailed plan has been approved for such district, or part thereof, in accordance with the provisions of this article All districts shall be developed in compliance with the approved detailed plan for the district All other PAGE 6 plans, maps, drawings, sketches, pictures, written statements or other representations submitted with the detailed plan on which the City Council or Commission based its approval of the detailed plan may be attached to, or incorporated in, the ordinance creating the district and, if so attached or incorporated, shall be binding upon the owner of the property in the develop- ment of the district 2 Corrections of Errors Omissions on Final Plan Upon the request o an applicant, the chairperson of the Development Review Committee may authorize minor technical 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 For purposes of this provision, a substantial change is one that would violate the "substantial compliance" require- ments of D 2, supra 3 Noncompliance with Develo ment Schedule Extensions If, after approval of a detailed plan y the Commis- sion, development of the district, or any part there- of, has not begun in substantial compliance with the approved schedule of development contained in the detailed plan, the Department shall notify the Com- mission and the Commission shall, upon notice to the owner of the property, recommend rezoning of the property to an appropriate zoning district Upon request of the applicant, the Commission may, for good cause shown, amend the approved schedule of deve- lopment for all or part of the district for a period not exceeding three years beyond the previously approved development schedule Any request for exten- sions beyond such three year period, or appeals from the denial of such request, shall be made to the City Council by filing a written request with the Depart- ment within ten days of such denial The Commission may not grant any extensions of time for development, or otherwise amend the schedule of development in a detailed plan which was previously approved by the City Council 4 Regulations Applied, Omissions All conditions, regulations, restrictions and development standards governing the development of the district shall be contained in the ordinance or detailed plan approved for the district If any regulation or restriction (such as maximum building height, setback, or sign regulations, etc ) applied in other zoning districts by Appendix B-Zoning, is inadvertently omitted in the approved ordinance or detailed plan for the district, or part thereof, the regulation that would be applicable in the most restrictive comparable zoning district classification, based upon the land uses permitted therein, as determined by the Department, shall be applied to the district, or part thereof, wherein such regulation or restriction was omitted Any person aggrieved by the Department's decision may appeal the determination to the City Council after recommendation by the Commission PAGE 7 SECTION II Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding One Thousand Dollars ($1,000 00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above 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 SECTION IV That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ~P day of 1986 RAY S P ENS, MAYOR CITY F DENTON, TEXAS ATTEST 4 O / 2 L 0 ( ;L T E T CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY /yW1 PAGE 8