1986-0841319L
NO O 8
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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
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CITY
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DENTON,
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APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
CITY OF DENTON, TEXAS
BY /yW1
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