Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2010-182
ORDINANCE NO. 2010-182 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 35.7.5 OF THE DENTON DEVELOPMENT CODE (FRY STREET SPECIAL PURPOSE OVERLAY DISTRICT), TO REVISE AND UPDATE GENERAL PROVISIONS, ESTABLISH SUBAREAS, AND TO REVISE ZONING AND DEVELOPMENT STANDARDS APPLICABLE TO A 4.381 ACRE SUBAREA, GENERALLY BOUNDED BY THE INTERSECTIONS OF FRY, HICKORY, WELCH AND OAK STREETS ("SUBAREA B"); AUTHORIZING THE DEPOSIT OF $63,812.50 IN TREE MITIGATION FUNDS BY THE DEVELOPER OF SUBAREA B, FOR USE BY THE CITY TO ACQUIRE, PLANT, IRRIGATE AND MAINTAIN TREES IN PUBLIC SPACES WITHIN A ONE-MILE RADIUS OF SUBAREA B; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS HEREIN; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, amendments for the entire 12.42 acre Fry Street Special Purpose Overlay District, created by Ordinance 2000-044, and codified as revised at Section 35.7.5 of the Denton Development Code, has been initiated by the City of Denton in order to update and correct references contained therein; and WHEREAS, Dinerstein Companies, Ltd, has initiated the rezoning process for that certain 4.275 acre area described by metes and bounds in Exhibit "B", attached hereto, to be designated as "Subarea B", with the remainder designated as "Subarea A"; and WHEREAS, on June 23, 2010, the Planning and Zoning Commission conducted a public hearing and recommended approval of the requested Fry Street Overlay District modifications; and WHEREAS, on July 20, 2010, the City Council held a public hearing as required by law and approved the changes in the Fry Street Overlay District, as defined herein; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; and WHEREAS, upon consideration of facts presented at the July 20, 2010 public hearing, the City Council finds, pursuant to the standards and criteria set forth and referenced in Denton's tree mitigation ordinances, that tree mitigation funds in the amount of $42,565.50 are owed as a consequence of the unpermitted clearing of trees by the prior owner of Subarea B, contrary to said ordinances, as well as the proposed clearing of additional trees; however, due to the infirm condition of certain trees proposed to remain in place, this amount is likely to increase to $63,812.50, if these remaining trees die within the next three years; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. Section 35.7.5 of the Denton Development Code entitled "Fry Street Overlay District" is hereby amended to read as follows: 35.7.5 Fry Street Overlay District 35.7.5.1 Fry Street District Established. There is hereby established a special zoning overlay district to be known as the Fry Street District. The Fry Street District is defined as that area approximately 12.42 acres in size which is bounded by Welch Street to the east, Oak Street to the North, Ave B to the northwest, Ave A to the southwest, Mulberry Street to the south, and Hickory to the southwest. All buildings, structures, sites, and properties within the designated district shall be subject to the restrictions, limitations, and provisions of the Fry Street District regulations as provided for in section 35.7.5, and its subsections. The district is further divided into subareas A and B, as depicted in Exhibit 35.7.5.A. Each subarea is subject to distinct regulations, where noted herein. rl UNT BERRY INNER CAMPUS u ❑ n Legend Q Fry Sheet Overlay District ®Subarea8 Exhibit 35.7.5.A. Fry Street Overlay District Subareas SubareaA 35.7.5.2 Purpose and Intent. The purpose and intent of this overlay district is to promote the public peace, safety, cleanliness, and general welfare for community members and patrons of the Fry Street District, by providing for PAGE 2 regulations on off-street and remote parking, the location of solid waste containers, and the regulation of signs, setbacks, and residential and commercial density. 35.7.5.3 Off-Street Parking. The provisions of Subchapter 14 shall apply to the Fry Street District, except as follows: A. Remote parking. Remote off-street parking to serve a building or use within the Fry Street District may be provided on a tract or parcel of land other than on which the building or use being served is located, provided that the required off-street parking space shall be within one thousand (1,000) feet of the building or use being served and shall provide convenient pedestrian access to the building or use being served. B. Non-residential, including restaurant, retail, private club, on premises sale of beer and/or wine: One space for each four hundred (400) square feet of floor area or one (1) space for each six (6) seats under maximum seating arrangements, whichever is greater. C. Multi family residential - Subarea A only. Multi-family residential development in subarea A shall be required to provide parking according to the following schedule: 1. Efficiency units: One and one-fourth (1.25) space 2. Units with 1 bedroom: One and one-half (1.50) space 3. Units with 2 or more bedrooms: One space for each bedroom 4. Fraternities, sororities, boarding and lodging houses. One (1) space for each bedroom 35.7.5.4 Area and Height Requirements. The provisions of Subchapter 5 shall apply to the Fry Street Overlay District, except as modified for each subarea below: A. Minimum lot area - Subarea A only: 1. Residential uses: Six thousand (6,000) square feet. 2. Non-residential uses: No minimum lot area. 3. Mixed uses, including residential: No minimum lot area. B. Minimum lot depth - Subarea A only: 1. Residential uses: One hundred (100) feet. C. Minimum lot width - Subarea A only: 1. Residential uses: Sixty (60) feet. D. Maximum building coverage - Subarea A only: 1. Residential uses: 50% 2. Non-residential uses: 100% 3. Mixed-uses that include residences: 80% PAGE 3 E F G. H. Floor /Area Ratio - Subarea A only: 1. Residential uses: 2. Non-Residential uses: 3. Mixed-uses that include residential: comprise the top story of any structure 3: 1 2:1 3: 1, provided that residential uses shall Required Yards - Subarea A only: 1. Residential uses: Front: Minimum of 30 feet from centerline of street. Side: No required yard Rear: Minimum of 10 feet 2. Non-Residential uses: Front: Minimum of 30 feet from centerline of street. Side: No required yard Rear: No required yard 3. Mixed-uses that include residential: Front: Minimum of 30 feet from centerline of street. Side: No required yard Rear: Minimum of 10 feet for any floor that includes residences Height Regulations. 1. Subarea A only. No structure may exceed 3 stories. Overall building height, including HVAC equipment, roof systems, vent stacks, chimneys, etc., may not exceed 45 feet in height. 2. Subarea B only. No habitable structure may exceed 4 stories, with an overall building height of 55 feet, including HVAC equipment, roof systems, vent stacks, chimneys, etc. Residential densities. 1. Subarea A only. The maximum number of apartment units that can be constructed on a site, while observing regulations including floor area ratio, building coverage, parking, height and setbacks, shall require a minimum land area in accordance with the following schedule: a. Efficiency: 1,000 square feet b. One bedroom apartment: 1,200 square feet c. Each additional bedroom per apartment: 300 square feet PAGE 4 2. Subarea B only. The maximum residential density of subarea B shall be 72.5 units per acre, where one (1) bedroom is equivalent to one-half (0.5) of a residential unit. 1. Parking Structures - Subarea B only. No parking structure may exceed 5 stories, or 60 feet in height. Mechanical equipment, including HVAC equipment, roof systems, vent stacks, and satellite dishes, may be mounted on the top story of parking structures, provided they are not visible from any adjacent public right-of-way. 35.7.5.5 Multi-Family Uses. Multi-family residential uses shall be allowed within any zoning district within the Fry Street District. 35.7.5.6 Solid Waste Containers. A. Location. Solid waste containers in the Fry Street District shall be located off the street in centralized locations, to the rear of buildings served by each container, and shall be screened with devices made of masonry or wood. B. Consolidation. Each owner, occupant, tenant, or lessee of any business, commercial, or institutional property, or other property not served by residential solid waste collection service, shall contract with the City for shared or consolidated commercial solid waste collection and disposal services, unless otherwise required by ordinance. C. Subarea B shall provide adequate area to accommodate two (2) trash compactors to serve the Subarea, in a location specified by the approved site plan for the subarea. 35.7.5.7 Sign Regulations. The provisions of Subchapter 15 of the Denton Development Code, as hereafter amended, superseded or replaced, shall apply, except as modified for each subarea below: A. Prohibited signs. Ground and monument signs are prohibited within Subarea A, but may be permitted in Subarea B, consistent with the limitations of 35.7.5.7.B.2, below. B. Allowed signs 1. Wall signs. Wall signs in the Fry Street District may be permitted, subject to the following additional restrictions and limitations: a. Mounting and Orientation. All signs in Subarea A of the Fry Street District shall be wall mounted signs, mounted parallel with, and not perpendicular to, the face of the wall upon which the sign is secured. Wall signs in Subarea B may be mounted perpendicular to building faces, provided they do not encroach into public rights-of-way. b. Residential - Subarea A only. Signs associated with residential uses in subarea A of the Fry Street District Signs shall be limited to the purpose of PAGE 5 indicating the name of the residential development (apartment, condominium, etc.) or for informational or regulatory purposes. c. Mixed-uses that include residential -Subarea A only. Signs associated with mixed uses in subarea A of the Fry Street District shall be allowed only on those stories of a building that include non-residential uses. 2. Monument signs - Subarea B only. Monument signs, not exceeding 15 square feet of effective area, may be permitted at entrances to mixed use developments, as depicted in the site plan for Subarea B (Exhibit 35.7.5.B). =16 TM ~G -gym--=' A'" 1-= s I---=- --o~ °F~°' - 2ta.a -r- a Tz wESr sN+EET zae.sz' m w ° v „umm „im ' ° 4 P 1 g5 I 3F} W _ . re P rz as wu q I q Zaa S X mow , -4.381, P 4.2 OSS) mmrma HEY) N g J a W Z -2 sa Rx ~ W O 10 Z ] " f ~ . mm „.m rlt~,tbs R war-s-iz9j - - nt4v'm \ r/. .79t r _ _ rE 9 ' a S rr~.~e.~o. I 'ip~ B I I 3 , p+'} SITE DATA ! J }7 R g 7. g l [ pp DDpp 4,r.J P A NO ~ N . i 6 'S 116 p Ef ~ ~ SIDETYNPIN ® NN B NOT' E%IOND DINES ON ALL Cltt ADEWPU! S1POM TO DE G Sm. 9 / g Exhibit 35.7.5.B. Subarea B Site Plan PAGE 6 3. Design - Subarea B only. Signs in Subarea B shall be in a style and size consistent with the conceptual designs provided in Exhibit 35.7.5.C. Exhibit 35.7.5.C. Subarea B Conceptual Sign Renderings N b m m iJ O ~a n c b fqn w.qM. nppu ~soiM r PAGE 7 Exhibit 35.7.5.C. Subarea B Conceptual Sign Renderings - Continued 11' 2'IFlell Verify Canp Yilee I., Imper Fitt End View TENANT COPY Tenant Panel n-I sand A- (S.. W., ap,l-) Scale: 314" = V-0" PAGE 8 35.7.5.8. Landscaping Requirements for Subarea B only: A. Landscaping. Subarea B shall provide landscaping as depicted in Exhibit 35.7.5.D. i i ..IAIVI- i o~ Rit R L .a rY~S.4ga ,e d ~ N r,l .Ir •fl =C III Sh"rxad Ilk WEST p~1( SIREET 1 ° Exlstln 5'-C° _TR~a F-d RIVE' , - 6@ B ~ 1^' ~ 4) C e n rt a - P• < o tle ~ I , ry k~ 1 `,fit 'e§3~~ ~ x°ru ~Er4nu L YalxR Is 1 g ~Rfi~ 33 av v m Rr is rlre w b Q 11Q~ 1 ° °dimeYa° ¢.iE°"r1°zl:w Re v mr = r ncRa e>fil 1 r qqq~ P €a 1 Ja !i ) -4.381, OSS) _ J 5 hu o 01 aN n 4..2w.a NEr) aAC°m ° Q [Vyd7 g ea n s0. J F- 1 ~ pg Iw slmlP~ i ,-..,v.rt Ir 3~g p I .y.~n d I I Qa p r+~ yy _ Q W Z 1 Kia`ir. wv Cal SI ➢m ~.e ON F5 Z n nw R p XA . . j 1/ u ( r•• - - - O ul ~ 1 Sur a r °ESf IC SIHEET - - - - - - - - - - - \ wm wa P, --T- Tyr tai R t ~xAIEN! IRRIWrIm! SYSInI ~ y O wR.41i wIR rnnYSx luar .4 p I1L 91SNU p eR.f S pw,~g~q~yy~, ® r vu .er n°~mIw ECMarPR° P°LA°GRS.1Np ~ ~9 e•:{Yd..~ `y~~ ~Ma! Exhibit 35.7.5.D - Subarea B Landscaping Plan 35.7.5.9. Site Plan Requirements for Subarea B only: Construction shall substantially conform to the site plan shown at Exhibit 35.7.5.B. 35.7.5.10. Architectural Standards for Subarea B only: The following requirements apply to Subarea B, in addition to any other requirements provided by code or ordinance: A. Residential Units fronting Welch Street shall incorporate sloped roof pitches. B. Each principal fagade or massing area shall incorporate at least two (2) of the features identified on the image board (Exhibit 35.7.E.), including but not limited to: 1. Store front design 2. Awnings PAGE 9 3. Stoops on the street level 4. Accent bay windows 5. Cornice details 6. Brick facades with flat roof lines 7. The incorporation of a bench and street tree in front of the building 8. Arch details 9. Shutters. ACCENT RAYWINOOW r • f8'u'. IL, IDENTITY WITH DIFFERENT COLOR PAVED ST. WJTREE&RENCH STOOPS ON STREET IMAGE BOARD Exhibit 35.7.5.E. Subarea B Architectural Image Board C. Parking Structures will be provided with a fagade designed to mimic the adjacent buildings within the subarea, so as to assist in integrating the structure into the balance of the subarea, and to assist in camouflaging the structure from the public right-of-way. 35.7.5.11. Minor Amendments. Upon request of the applicant, the Director of Planning and Development, or his designee, may authorize minor amendments to the site or landscape plan so long as such minor amendments do not change the land use or substantially change the character, development standards, or design of the development as shown on the approved site or landscape plans. For purposes of this provision, a "substantial change" shall mean a change which will increase the number ofproposed dwelling units I` t PAGE 10 ARCH DETAIL BRICK FACADE STORE FRONT DETAIL AWNING DETAIL RESIDENTIAL WJ SLOPED ROOF TO THE EAST OF WELCH SHUTTERS or bedrooms, height, or number of stories; or decrease the amount of required off-street parking spaces. The Director of Planning and Development, or his designee, shall make such authorization only in writing and such document shall be placed in the ordinance file governing the specific plan 35.7.5.12. Conflict with Other Regulations. To the extent the provisions of this article conflict with any other ordinances of the City of Denton, the provisions of this article shall control. All provisions of other City of Denton ordinances not in conflict with this article shall remain in full force and effect. PAGE 11 SECTION 3. The 12.42 acre area previously designated in Ordinance 2000-044 as the Fry Street Overlay District is hereby divided into Subareas A and B. The 4.381 acre portion of the previously designated 12.42 acre Fry Street Overlay District is legally described in Exhibit B to this Ordinance, which is attached and incorporated herein by reference. Said 4.3 81 acre portion is hereby designated as Subarea B, and the remainder of the previously defined Fry Street Overlay District is hereby designated as Subarea A. Subareas A and B, as herein defined, shall hereinafter be subject to the Denton Development Code, including the particular zoning requirements associated with the base zoning classifications and use designations previously determined for the parcels therein located, except as otherwise provided in the amended terms of the Fry Street Overlay District, set forth in Section 2 of this Ordinance. The City's official zoning map is hereby amended to show the subareas within the Fry Street Overlay District, along with the base zoning classifications and use designations previously assigned to the parcels therein located. SECTION 4. In consideration of the findings made in the recitals to this ordinance, the developer of Subarea B shall deposit tree mitigation funds in the amount of $63,812.50 into a special fund, for the use of the City's Parks and Recreation Department for the acquisition, planting, irrigation and maintenance of trees in public areas lying within a one-mile radius of Subarea B. Within Subarea B, no preliminary or final plat may be approved, nor may any development or construction permit be issued, until the developer of Subarea B has fully satisfied this obligation. Should any of the trees proposed for preservation within Subarea B survive three years post-deposit, in a condition deemed healthy by the City's Urban Forester, or an arborist selected by the City, the developer may request a proportionate rebate for those healthy trees, not to exceed $21,250.00. SECTION 5. 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 6. 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 7. 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, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED at the City Council meeting posted and commenced on July 20, 2010, on the 21St day of July , 2010. PAGE 12 ATTEST: JENNIFER WALTERS, CITY SECRETARY PAGE 13 7 BY: APPROVED AS TO LEGAL FORM: EXHIBIT A EXHIBIT A U-tl Q ° a ci a ❑OEl © ❑ VIIAV , ...I Aaj o oj 72 cs I; ) I Li 1:1 E::p ~ ❑ 10 'I 0O c 1 19 ❑ ❑ `I C13 I' ' ~~I iCf TN a El El (D C L (D PAGE 14 EXHIBIT B FIELD NOTE DESCRIPTION - SUBAREA B STATE OF TEXAS § COUNTY OF DENTON § BEING a tract of land situated in the E. PUCHALSKI SURVEY, ABSTRACT No. 996, in the City of Denton, Denton County, Texas, and being all of TRACT NO. 1 of I. BOYD RIDGWAY ADDITION, an addition to the City of Denton according to the plat recorded in A-167-1 of the Map Records of Denton County, Texas (MRDCT); being all of LOT 1, BLOCK 1 of LOVELESS ADDITION, an addition to the City of Denton according to the plat recorded in Cabinet U, Page 106 (MRDCT);being all of the land described in a deed to Fry Street Partners Ltd. by deeds recorded in 2006-140850 and 2006-57118 of the Deed Records of Denton County, Texas; being a tract of land described in a deed to Joe Normile as recorded in Volume 677, Page 703 of the Deed Records of Denton County, Texas and the land described in a deed to Normile Family Partners, Ltd. as recorded in 93-0061936 of the Deed Records of Denton County, Texas, being a tract of land described in deed to Eugene Hartman as recorded in Volume 887, Page 252 of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at an "X" cut in concrete set at the intersection of the southerly right-of-way line of WEST OAK STREET (60 foot right-of-way) and the westerly right-of-way line of WELCH STREET (45 foot right-of-way), said point being the most northeasterly corner of said I. BOYD RIDGWAY ADDITION; THENCE along the westerly right-of-way line of said WELCH STREET South 00 deg 24 min 17 sec West; a distance of 320.01 feet to an "X" cut in concrete set in the northerly right of way line of West Hickory Street (60 foot right-of-way) said X being the southeasterly corner of said JOE NORMILE tract; THENCE along the northerly right-of-way line of said West Hickory Street South 89 deg 58 min 36 sec West; a distance of 436.20 feet to a 112 inch iron rod found in the easterly line of a tract of land described in a deed to OPELL ESTELLE LOTT as recorded in Volume 4881 Page 0160 DRDCT; THENCE along the easterly line of said OPELL ESTELLE LOTT tract North 00 deg 24 min 17 sec East a distance of 80.00 feet to a "X" in concrete set for corner; THENCE along the northerly line of said OPELL ESTELLE LOTT tract South 89 deg 58 min 36 sec West a distance of 79.00 feet to a "X" cut in concrete set for corner; THENCE along the westerly line of said OPELL ESTELLE LOTT tract South 00 deg 24 min 17 sec West a distance of 80.00 feet to a "X" cut in concrete set for corner in the northerly line of said WEST HICKORY STREET; THENCE along the northerly right of way line of said WEST HICKORY STREET South 89 deg 58 min 36 sec West a distance of 100.76 feet to a "X" cut in concrete set for corner in the easterly right of way line of FRY STREET (60 foot right of way); THENCE departing the northerly right-of-way line of said WEST HICKORY STREET and along the easterly right-of-way line of said FRY STREET North 00 deg 24 min 17 sec East a distance of 233.50 feet to the northwest corner of said Hartman tract; THENCE continuing along the easterly right of way line of said FRY STREET, North 00 deg 23 min PAGE 15 41 sec East, a distance of 88.30 feet to a point for corner in the southerly right of way line of said WEST OAK STREET; THENCE, along the southerly right of way line of said WEST OAK STREET as follows: South 89 deg 58 min 36 sec East, a distance of 24.98 feet to a 1/2 inch iron rod set with a red plastic cap stamped WAI for corner; South 00 deg 24 min 17 sec West, a distance of 1.79 feet to a 1/2 inch iron rod set with a red plastic cap stamped WAI for corner; North 89 deg 58 min 36 sec East a distance of 590.97 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 4.381 acres or 190,833 square feet of land, more or less. Bearings cited herein are based on G.P.S. measurements taken during an on-the-ground survey performed the 15th day of December, 2005. PAGE 16