2018-186 Fire Side Park DevelopmentDate: December 14, 2018 Report No. 2018-186
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Information regarding the Fireside Park development following a meeting held on December 12,
2018.
EXECUTIVE SUMMARY:
A public meeting to discuss upcoming capital improvements to Hinkle Drive was held on
Wednesday, December 12, 2018 at Northlakes Park. Engineering and Planning staff attended the
meeting to answer questions regarding the future improvements and a recently approved
development for single-family dwellings on approximately 30.7 acres located on the southwest
corner of West Windsor Drive and Hinkle Drive. At the meeting, residents expressed concerns
regarding the development, particularly the proposed use and traffic impacts to the neighborhood
to the east. The following is a brief outline of the approvals associated with the 30.7-acre tract.
BACKGROUND:
2007 - On February 6, 2007, City Council approved a zoning change from NR-2 to NR-3 with
overlay restrictions for approximately 30.7 acres located on the southwest corner of West Windsor
Drive and Hinkle Drive. The rezoning increased the density from two dwelling units per acre to
three and one-half dwelling units per acre.
The overlay conditions did not affect density or permitted uses. The overlay conditions only dealt
with “design” related elements, based upon a detailed site plan (Attachment 3), which included
single-family detached and townhome dwellings:
1. The woods along the south and east boundary of the site will be preserved.
2. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a
decorative finial at the comer of each lot will be installed along the perimeter of the site.
The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery
between the fence and sidewalk will be installed to obtain privacy. The distance from the
fence and back of sidewalk will be a minimum of 12- feet. The developer, and later an
H.O.A., will take responsibility for maintenance and irrigation of the approximately 3-acre
perimeter landscape area.
3. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick
or stone for all vertical surfaces with a direct load path to the foundation.
4. The following restrictions and conditions shall apply to single- family detached homes:
a. Street right-of-way shall be a minimum of 56 feet.
b. Parkway width shall be a minimum of 9 feet.
c. Sidewalk width shall be a minimum of 5 feet.
d. Front yard setback shall be a minimum of 15 feet.
e. Side yard setbacks shall be a minimum of 6 feet.
f. Rear yard setback shall be a minimum of 1 0 feet, except for Rear Entry Garages.
g. Rear yard setback shall be a minimum of 20 feet if garages are accessed through
the rear of the property.
Date: December 14, 2018 Report No. 2018-186
h. Front Entry Garages shall be setback 12 feet from the front most wall of that unit.
i. Three-car Garages shall not face the street.
With NR-3 district townhomes are permitted with a SUP. The applicant submitted a SUP
application for townhomes in 2009, which was City Council denied. While the townhome SUP
was denied, the ability to build detached single-family at 3.5 dwelling units per acre was preserved.
2015 - In 2015, a new property owner approached the City with a proposed development for single-
family homes based upon the permitted density of 3.5 dwelling units from the 2007 rezoning.
The owner determined that some of the overlay restrictions would limit the proposed development
which was intended to be for adults aged 55 and older. As a result, they submitted a rezoning
application to amend the 2007 overlay restrictions. The restrictions removed were design-related
and the only new condition had to do with ensure the bike lanes on Hinkle remained.
The applicant noticed and held one neighborhood meeting, which was attended by approximately
26 residents. Prior to the public hearing at the Planning and Zoning Commission and the public
hearing at City Council, notification in accordance with the Texas Local Government Code was
published in the Denton Record Chronicle and mailed to property owners within 200 feet of the
request. In addition, courtesy notices were mailed to residents within 500 feet and signs were
placed on the property informing the public of the application.
As part of the application to amend the overlay conditions, the applicant requested to remove
condition 1 and modify conditions 2 and 4 from the 2007 approval, resulting in the following
overlay conditions:
1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a cast
stone column cap every 24 feet will be installed along the perimeter of the site.
2. The setback of the proposed homes will be 50 feet minimum from the existing curb. The
developer, and later a homeowner’s association, will take responsibility for maintenance
and irrigation of all open spaces and site amenities.
3. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick
or stone for all vertical surfaces with a direct load path to the foundation.
4. Three-car Garages shall not face the public or private right-of-way where the entrance
/address is located.
5. Any ingress or egress to the subject property shall not remove the on-street bike lane on
Hinkle Drive
The applicant’s justification for the overlay modification and discussion of the item at the Planning
and Zoning Commission and City Council centered around the applicants intent to develop a
single-family detached subdivision age-restricted to 55 and over (Attachment 1). While the
majority of the discussion had to do with the age-restriction, no limitations were included in the
approval (Attachment 2). As a result, staff is not able to enforce a limitation related to an age-
restriction.
Date: December 14, 2018 Report No. 2018-186
Both in 2007 and 2015, the zoning was consistent with the Future Land Use map. Typically, when
a zoning request is determined to be consistent with the Comprehensive Plan, a traffic analysis is
not required.
Subsequent to the 2015 modification, the applicant obtained preliminary plat approval on
November 18, 2015 (see Figure 1). The preliminary plat included 101 single-family lots and open
space in a gated community. The typical lot size was 67 feet by 85 feet (5,695 square feet). The
final plat was approved in January 2016, however it expired in January 2018 and the property was
not developed. The Preliminary Plat and the Final Plat had no note relative to any age restriction.
2017/2018 - By 2018, the ownership of the property changed again and a new Preliminary
Plat/Final Plat was submitted to the City. This plat was based upon the zoning approved in 2007
and included 107 single-family lots with public streets and drainage improvements. Per the plat,
the typical lot size is about 60 feet by 120 (7,200 square feet) and all the conditions from 2015
overlay approval were addressed. Additionally, the plat did not contain any notes related to age
restriction for residents.
The Final Plat (FP18-0019) was approved by the Planning and Zoning Commission on August 22,
2018 and filed of record on November 20, 2018.
Figure 1. Preliminary Plat (PP14-0032) approved on November 18,
2016.
Figure 2. Final Plat (FP15-0033) for Phase 1 approved January 13,
2016.
Figure 3. Current Preliminary Plat (PP17-0028) approved on
March 21, 2018.
Figure 4. Current Final Plat (FP18-0019) approved on August 22,
2018.
Date: December 14, 2018 Report No. 2018-186
AGE-RESTRICTED HOUSING AS A USE:
The City does not have “age-restricted housing” as a use in the residential use tables. Within the
institutional use table, there is an “Elderly Housing” use. In order to qualify for this use a license
from the State of Texas is required and on-site care must be provided to residents. This is in
addition to the age limitation. The distinction between an “age-restricted” and an “elderly
housing” primarily has to do with independent living. The City Attorney has indicated that if a
separate use for age-restricted housing is desired, the use could be included in the Denton
Development Code residential use table. Robson Ranch would be an example of an age-restricted
housing use, as the residents’ age is limited, but there is not an onsite care component.
ATTACHMENTS:
1. 2015 AIS and Staff Report
2. 2015 Zoning Ordinance
3. 2007 Zoning Ordinance and Staff Report
STAFF CONTACT:
Julie Wyatt
Senior Planner, Development Services
940-349-8585
Julie.Wyatt@cityofdenton.com
AGENDA INFORMATION SHEET
AGENDA DATE: July 21, 2015
DEPARTMENT: Planning and Development
ACM: Jon Fortune
SUBJECT – Z15-0005 (Fireside Park)
Hold a public hearing and consider adoption of an ordinance to the City of Denton, Texas, amending
Ordinance No. 2007-032 which provided for a zoning change to a Neighborhood Residential 3
(NR-3) zoning district classification and use designation along with an overlay district, in order
to modify conditions related to design criteria in the overlay on approximately 31 acres of land
generally located on the southwest corner of Hinkle Drive and Windsor Street in the City of
Denton, Denton County; and providing for a penalty in the maximum amount of $2,000.00 for
violations thereof; providing a severability clause and an effective date. The Planning and
Zoning Commission recommended approval of this request (6-1), subject to conditions.
BACKGROUND
In 2007, the subject property was rezoned from Neighborhood Residential 2 District (NR-2) to
NR-3 District with overlay conditions to restrict the development of the site. The applicant
would like to develop the subject property into 101 single-family dwellings as an age-restricted
neighborhood for active adults. This proposed development is intended to be a gated community
designed to address residents’ safety concerns with open visibility and secure walking trails.
However, the overlay conditions imposed during the 2007 rezoning would restrict the applicant’s
ability to create a secure development specifically geared to an age restricted active adult
community.
This request does not change the underlying zoning of NR-3 District, its permitted uses, or
maximum density, but rather removes or amends the existing design conditions. Further analysis
on the specific overlay conditions and the proposed modifications is detailed in the attached Staff
Report.
Staff has analyzed the proposal and has determined that it conforms to the conditions for
approval set forth in Section 35.3.4 of the Denton Development Code (DDC), is compatible with
the adjacent land uses, and meets the goals of the Denton Plan 2030. The Future Land Use
designation of the subject property is Low Density Residential, which includes single-family
neighborhoods with densities up to 4 dwelling units per acre. Since the request would not change
the underlying zoning designation from NR-3, the purpose, permitted uses, and maximum
density, would remain the same, resulting in a development pattern that is consistent with the
Low Density Residential designation.
Agenda Information Sheet
July 21, 2015
Page 2
To comply with the public hearing notice requirements, 28 notices were sent to property owners
within 200 feet of the subject property, 96 courtesy notices were sent to physical addresses
within 500 feet of the subject property, a notice was published in the Denton Record Chronicle,
and signs were placed on the property.
As of the writing of this staff report, staff has received one response in opposition and one
neutral response for the rezoning request. The applicant also hosted a neighborhood meeting on
May 21, 2015, and Concerns included increased traffic, drainage, and improvements to Hinkle
Drive.
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval of this request (6-1), subject to
conditions:
1. A perimeter fence with a “wrought” iron appearance, with taller posts topped by a cast
stone column cap every 24 feet will be installed along the perimeter of the site. The setback of
the proposed homes will be 50 feet minimum from the existing curb. The developer, and later a
homeowner’s association, will take responsibility for maintenance and irrigation of all open
spaces and site amenities.
2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay
brick or stone for all vertical surfaces with a direct load path to the foundation.
3. Three-car Garages shall not face the street.
4. Any ingress or egress to the subject property shall not remove or affect the on-street bike
lane on Hinkle Drive.
Staff recommends approval of this request with the following modifications to the conditions:
1. A perimeter fence with a “wrought” iron appearance, with taller posts topped by a cast stone
column cap every 24 feet will be installed along the perimeter of the site. The setback of the
proposed homes will be 50 feet minimum from the existing curb. The developer, and later a
homeowner’s association, will take responsibility for maintenance and irrigation of all open
spaces and site amenities.
Agenda Information Sheet
July 21, 2015
Page 3
2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or
stone for all vertical surfaces with a direct load path to the foundation.
3. Three-car Garages shall not face the street.
PRIOR ACTION/REVIEW
A public hearing was held at the June 17, 2015 Planning and Zoning Commission meeting.
EXHIBITS
1. Staff Report
2. Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Ordinance No 2007-032
6. Public Notification Map and Community Responses
7. Planning and Zoning Meeting Minutes from June 17, 2015
8. Draft Ordinance
Prepared by:
Julie Wyatt
Associate Planner
Respectfully submitted:
Aimee Bissett
Interim Director, Planning and
Development
Planning Report
Z15-0005/Fireside Park
City Council District 3
Planning & Zoning Commission
June 17, 2015
REQUEST:
Consider making a recommendation to City Council amending Ordinance No. 2007-032 which
provided for a zoning change to a Neighborhood Residential 3 (NR-3) zoning district
classification and use designation along with an overlay district, in order to modify conditions
related to design criteria in the overlay.
OWNER/APPLICANT:
Bill Haney, Fireside Custom Homes, LLC
BACKGROUND:
The applicant would like to develop the subject property into 101 single-family dwellings as an
age-restricted neighborhood for active adults. The proposed development is intended to be a
gated community designed to address residents’ safety concerns with open visibility and secure
walking trails.
In 2007, the subject property was rezoned from Neighborhood Residential 2 District (NR-2) to
NR-3 District with overlay conditions to restrict the development of the site.
SITE DATA:
The subject property is approximately 31 acres and is located on the southwest corner of Hinkle
Road and West Windsor Drive. The parcel is irregularly shaped and has approximately 1,250
feet of frontage on West Windsor Drive and 1,411 feet of frontage on Hinkle Road. There are no
trees on the site and the property is undeveloped.
USE OF PROPERTY UNDER CURRENT ZONING:
The proposal will not change the permitted uses or density on the subject property. NR-3 District
is intended for single-family uses with a maximum density of 3.5 dwelling units per acre. As the
development is greater than two acres, there are no minimum lot sizes stipulated in the Denton
Development Code (DDC). Attached single-family dwellings, Accessory Dwelling Units,
Daycares and Elementary Schools are permitted with a Specific Use Permit (SUP). Parks, open
space, and religious institutions are permitted by right.
SURROUNDING ZONING AND LAND USES:
North: Property to the north is zoned NR-2 District, Neighborhood Residential Mixed
Use 12 District (NRMU-12) and Neighborhood Residential 4 District (NR-4). The
NR-2 District and a portion of the NRMU-12 District are developed with North
Lakes Park. The NR-4 District and the balance of the NRMU-12 District are
developed with residential uses.
Planning Report
Z15-0005
Page 2 of 7
East: Property to the east is zoned NR-3 District and NRMU-12 District. The NR-3
District is developed with a single family use. The NRMU-12 District is
developed with Elderly Housing.
South: The property to the south is zoned NR-2 District and is developed with Elderly
Housing.
West: Property to the west is zoned NR-2 District and is developed as Bowling Green
Park.
COMPATIBILITY OF REQUEST WITH SURROUNDING ZONING AND LAND USES:
The purpose of the current zoning is to preserve and protect existing neighborhoods and to
ensure that any new development is compatible with existing land uses, patterns, and design
standards. Since the request would not change the zoning designation from NR-3, the purpose,
permitted uses, maximum density, and lot coverage would remain the same.
The surrounding established neighborhoods are zoned for residential uses and have developed
with a residential character, including single-family uses, parks, and elderly housing. The
requested modification of the overlay conditions placed on the subject property in 2007 will not
negatively impact the existing surrounding neighborhoods, and the proposed age-restricted
single-family dwellings are compatible with the adjacent zoning and uses.
COMPREHENSIVE PLAN:
Per the Denton Plan 2030, the Future Land Use designation of the subject property is Low
Density Residential. This designation includes single-family neighborhoods with densities up to
4 dwelling units per acre. The neighborhoods should be developed “as distinct subdivisions that
are linked by internal circulations systems with limited access to local and connector roads.” The
proposed request conforms to the Future Land Use designation of the subject property.
CONSIDERATIONS:
1. This request does not change the underlying zoning of NR-3 District, its permitted uses, or
maximum density.
2. The applicant is proposing to develop the approximately 31-acre tract with a gated
community for active adults (age restricted). The development would contain 101 single
family lots and active recreation in the form a walking trail within the development. The
intent is to provide a gated residential complex is to ensure the safety of the residents.
3. As indicated in the Background, the subject property is zoned NR3, but also has an overlay
district with specific conditions as they relate to zoning and design criteria. It should be taken
into consideration that the zoning criteria referenced in the conditions are in conflict with the
DDC and are in fact more onerous and prevent the flexibility in creating a development
specifically geared to an age restricted active adult community.
4. The conditions imposed by the overlay comprise;
a. The woods along the south and east boundary of the site will be preserved.
Planning Report
Z15-0005
Page 3 of 7
It should be taken into consideration that the wooded area along the southern and
eastern boundaries is not contained with the limits of the property. In addition, the
property is not owned by the applicant. This condition should therefore be
removed. Furthermore, the wooded area cited is in fact owned by the City of
Denton and is parkland.
b. A perimeter fence with a “wrought” iron appearance, with taller posts topped by
a decorative finial at the corner of each lot will be installed along the perimeter
of the site. The setback of the fence will be 50 feet minimum from the existing
curb. Rows of shrubbery between the fence and the sidewalk will be installed to
obtain privacy. The distance from the fence and back of sidewalk will be a
minimum of 12 feet. The developer, and later the H.O.A., will take responsibility
for maintenance and irrigation of the approximately 3-acre perimeter landscape
area.
The condition to install the fence 50 feet from the curb is not a DDC requirement
and prevents the applicant from locating a perimeter walking trail within the
secured gated community. The applicant proposes to modify this condition to
locate the perimeter fence closer to the property line while maintaining a 50-foot
setback from the existing curb for the proposed homes. This modified condition
permits the 50-foot setback to be used as a walking trail amenity secured between
the homes and a perimeter fence.
The proposed design criteria condition for the perimeter fence is as follows: a
perimeter fence with a “wrought” iron appearance, with taller posts topped by a
cast stone column cap every 24 feet will be installed along the perimeter of the
site. The setback of the proposed homes will be 50 feet minimum from the
existing curb, although the DDC does not require this setback. The developer, and
later a homeowner’s association, will take responsibility for maintenance and
irrigation of all open spaces and site amenities.
c. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified
clay brick or stone for all vertical surfaces with a direct load path to the
foundation.
Although this condition is more stringent than the DDC requires, the applicant
does not propose removing the masonry condition and intends to comply with the
condition.
d. The following restrictions and conditions shall apply to single-family detached
homes:
Street right-of-way shall be a minimum of 56 feet.
Parkway width shall be a minimum of 9 feet.
Sidewalk width shall be a minimum of 5 feet.
Front yard setback shall be a minimum of 15 feet.
Side yard setbacks shall be a minimum of 6 feet.
Planning Report
Z15-0005
Page 4 of 7
Rear yard setbacks shall be a minimum of 10 feet, except for Rear Entry
Garages.
Rear yard setback shall be a minimum of 20 feet if garages are accessed
through the rear of the property.
Front Entry Garages shall be setback 12 feet from the front most wall of
that unit.
Three-car Garages shall not face the street.
These conditions for single-family homes are either redundant or in conflict with
requirements outlined in the DDC for the NR-3 District and the Transportation
Criteria Manual, and should be removed. The conditions also reduce the
applicant’s ability to develop the site as proposed.
The conditions for street and parkway widths conflict with the City’s
transportation requirements. According to the Transportation Criteria Manual,
Residential Neighborhood Streets require a 50-foot right-of-way and 11-foot
parkway widths, as opposed to the overlay conditions for 56-foot right-of-way
and 9-foot parkway widths.
The 5-foot sidewalk condition is redundant, as a 5-foot sidewalk is required for
Residential Neighborhood Streets.
The conditions for front and back yard setbacks conflict with the General
Regulations for the NR-3 District. Per Section 35.5.2.3 of the DDC front and back
yard setbacks only apply for subdivisions under two acres, whereas the conditions
require 15-foot front yard setbacks and 10-foot rear yard setbacks.
The side yard setback condition is redundant, as a 6-foot side yard is required for
non-attached buildings located in the NR-3 District.
The overlay condition that three-car garages shall not face the street is neither
required nor addressed by the DDC. The applicant intends to comply with this
condition.
Staff recommends that the overlay conditions should address design criteria only,
and that restrictions and conditions which are redundant or conflict with zoning or
transportation regulations be removed.
The applicant requests that the condition to set back the front entry garage 12 feet
from the front most wall be removed, as a 12-foot offset decreases the visibility
for residents at individual homes and would be construed as a safety risk. The
DDC requires that the front entry garages may not extend forward of the front
building wall, and the applicant intends to comply with this regulation.
5. Per Section 35.3.4.B of the DDC, zoning changes may be approved if the proposed rezoning
conforms to the Future Land Use element of the Denton Plan 2030, and that the proposed
Planning Report
Z15-0005
Page 5 of 7
rezoning facilitates the adequate provision of transportation, water, sewers, schools, parks,
and other public requirements and public convenience.
6. A neighborhood meeting was held on May 21, 2015. Twenty-six people attended the
meeting. Concerns included increased traffic, drainage, and improvements to Hinkle Drive.
An attendee also suggested that the applicant replace the proposed plants with native plants
in the landscaping to reduce water usage. All infrastructure requirements will be addressed
during the platting process.
7. The request conforms to the Future Land Use designation of Low Density Residential and
meets the goals of the Denton Plan 2030.
STAFF RECOMMENDATION:
Staff recommends approval of the requested modifications as they are compatible with the
surrounding property and is consistent with the goals and objectives of the Denton Plan 2030.
Staff recommends the following modifications to the conditions;
1. A perimeter fence with a “wrought” iron appearance, with taller posts topped by a cast stone
column cap every 24 feet will be installed along the perimeter of the site. The setback of the
proposed homes will be 50 feet minimum from the existing curb. The developer, and later a
homeowner’s association, will take responsibility for maintenance and irrigation of all open
spaces and site amenities.
2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay brick or
stone for all vertical surfaces with a direct load path to the foundation.
3. Three-car Garages shall not face the street.
OPTIONS:
1. Recommend approval as submitted.
2. Recommend approval subject to conditions.
3. Recommend denial.
4. Table the item to a date certain.
PUBLIC NOTIFICATION:
To comply with the public hearing notice requirements, 28 notices were sent to property owners
within 200 feet of the subject property, 96 courtesy notices were sent to physical addresses
within 500 feet of the subject property, a notice was published in the Denton Record Chronicle,
and signs were placed on the property.
PROJECT TIMELINE:
Subject Date
Business Days
under
DRC Review
Business
Days out
to
Applicant
Application Received April 2, 2015 - -
Planning Report
Z15-0005
Page 6 of 7
1st Submittal sent to DRC Members April 7, 2015 - -
Comments Released to Applicant April 24, 2015 13 -
DRC Meeting with Staff Applicant Declined - -
2nd Submittal Sent to DRC Members April 29, 2015 3
Comments Released to Applicant May 1, 2015 2
Total Business Days 15 3
ATTACHMENTS:
Permitted Uses in Neighborhood Residential 3
Aerial Map
Zoning Map
Future Land Use Map
Ordinance No 2007-032
Public Notification Map
Prepared By:
_______________________________
Julie Wyatt
Assistant Planner
Date: __________________________
Reviewed By:
_________________________________
Ron Menguita, AICP
Development Review Committee
Administrator
Date: __________________________
Reviewed By:
_________________________________
Munal Mauladad
Assistant Director of Planning and
Development
Date: __________________________
Planning Report
Z15-0005
Page 7 of 7
Permitted Uses in Neighborhood Residential 3 (NR-3)
Agriculture
Livestock**
Single-family Dwellings
Accessory Dwelling Units* **
Attached Single-family Dwellings *
Community Homes for the Disabled
Home Occupation
Outdoor Recreation
Gas Wells* **
Basic Utilities**
Parks and Open Space
Churches
Semi-Public Halls Clubs and Lodges*
Adult or Child Day Care*
Kindergarten/Elementary School*
WECS*
*Requires approval of a Specific Use Permit through
the public hearing process
**Permitted with a Limitation
sAlegal \our documents \ordinances \15\715- 0065,docx
ORDINANCE NO. W15 -- 17
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
2007 -032 WHICH PROVIDED FOR A ZONING CHANGE TO A NEIGHBORHOOD
RESIDENTIAL 3 (NR -3) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION ALONG WITH AN OVERLAY DISTRICT, IN ORDER TO MODIFY
CONDITIONS RELATED TO DESIGN CRITERIA IN THE OVERLAY ON
APPROXIMATELY 31 ACRES OF LAND GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF HINKLE DRIVE AND WINDSOR STREET IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S
OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (Z15 -0005)
WHEREAS, Bill Haney, has applied for a zoning change on approximately 31 acres of
land legally described in Exhibit "A ", attached hereto and incorporated herein by reference
hereinafter, the "Property "), amending Ordinance No. 2007 -032 which provided for a zoning
change to a Neighborhood Residential 3 (NR -3) zoning district classification and use designation
along with an overlay district, in order to modify conditions related to design criteria in the
overlay; and
WHEREAS, on June 17, 2015, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval (6 -1) of the change in zoning district and use
classification; and
WHEREAS, on July 21, 2015, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and
procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is
consistent with the Denton Plan and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of the property ,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; 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 and found to be true.
SECTION
m2.
Ordinance No. 2007 -032 which provided for a zoning change to a
Neighborhood Residential 3 (NR -3) zoning district classification and use designation along with
an overlay district has been amended, subject to the following overlay conditions:
1. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a
cast stone column cap every 24 feet will be installed along the perimeter of the site.
The setback of the proposed homes will be 50 feet minimum from the existing curb.
The developer, and later a homeowner's association, will take responsibility for
maintenance and irrigation of all open spaces and site amenities.
2. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay
brick or stone for all vertical surfaces with a direct load path to the foundation.
3. Three -car Garages shall not face the public or private right -of -way where the
entrance /address is located.
4. Any ingress or egress to the subject property shall not remove the on- street bike lane
on Hinkle Drive.
SECTION 3. The City's official zoning map is hereby amended to show the change in
the zoning district and use classification.
SECTION 4. 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 the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this
ordinance is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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
use
newspaper published in the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the o2,1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
day of 2015,
Cliny" 17''S,MAYOR
EXHIBIT A
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the city Denton, Denton County Texas, being a tract of land in the N. H.
MEISENHEIMER SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY,
Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor Investments Ltd., as
Tract One in Section 5, in deed recorded in Volume 1796, Page 601 ofthe Real Property
Records of Denton County, and said tract being more fully described as follows:
BEGINNING at the northwest corner of Lot 1, Block 1, Gateway Addition, as shown on plat
thereof recorded in Cabinet K, Slide 238, of the Plat Records of Denton County for the southwest
corner ofa remainder of said Rayzor Investments Tract One in the east line ofthat certain Tract
III conveyed to the City of Denton by deed recorded in Volume 695, Page 669, of said Real
Property Records, said point being on a curve whose center bears North 82 degrees, 44 minutes,
43 seconds West, 2293.00 feet, and from said point a'' /2" iron rod found in place bears North 88
degrees, 36 minutes, 20 seconds West, 0.30 foot;
THENCE northerly with said curve and said east line of City of Denton Tract III for the west line
of said Rayzor tract remainder, passing the northeast corner of said City Tract III and the
southeast corner of the certain Tract I conveyed to the City of Denton by said deed recorded in
Volume 695, Page 669, and continuing with the east line of said Tract I and said curve, in all a
distance of 948.72 feet to a "RPLS 1640" capped 5/8" iron rod set for the northwest corner of
said Rayzor tract remainder, in the southeasterly line ofthat certain tract conveyed to the City of
Denton as Tract I by deed recorded in Volume 697, Page 207 of said Real Property Records;
THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor
tract remainder and said southeasterly line of City Tract I in Volume 697, Page 207, at 16.45 feet
passing an "RPLS 1640" capped 5/8" iron rod set for reference, crossing the existing pavement
of Windsor Drive, a publicly maintained roadway, continuing in all 104.66 feet;
THENCE North 71 degrees, 38 minutes, 30 seconds East with the common line of said Rayzor
tract remainder and said City Tract I in Volume 697, Page 207, again crossing said Windsor
Drive pavement, in all 737.20 feet to the west corner of that certain tract conveyed to Rayzor
Investments by Correction instrument recorded in Volume 3441, Page 883, of said Real Property
Records;
THENCE with the northerly and east lines of said Rayzor Investments tract for southerly and
west lines ofa remainder of said City Tract I recorded in Volume 697, Page 207, the following
courses and distances:
North 60 degrees, 38 minutes, 10 seconds East, 177367 feet to the beginning of a
curve whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52
feet;
Easterly with said curve 231.94 feet to an "RPLS 164" capped 5/8/" iron rod set
for the end of said curve at the northeast corner of said Rayzor tract described in
Volume 3441, Page 883; and,
South 0 degrees, 53 minutes, 45 seconds West, 24.43 feet to the southeast corner
of said Rayzor tract described in Volume 3441, Page 883, in the southerly line of
said City Tract I in Volume 697, Page 207;
THENCE North 71 degrees, 38 minutes, 20 seconds East with said southerly line of City Tract I
recorded in Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the
existing pavement of Hinkle Drive, a publicly- maintained roadway.
THENCE North 0 degrees, 53 minutes, 45 seconds East with the east line of said City Tract I in
said Hinkle Drive pavement, 29.97 feet to the southwest corner ofthat certain tract of land
conveyed to the City of Denton as Tract I in deed recorded in Volume 1163, Page 216, of said
Real Property Records;
THENCE South 89 degrees, 00 minutes, 30 seconds East, 18.82 feet to the southeast corner of
said City Tract I recorded in Volume 1163, Page 216, in the east line of said Rayzor Investments
tract and in the occupied center of said Hinkle Drive;
THENCE with the said east line of Rayzor Investments tract and said occupied center of Hinkle
Drive, South 1 degree, 17 minutes, 30 seconds West, 1282.43 feet, and South 0 degrees, 55
minutes, 25 seconds West, 1464.72 fee to the southeast corner of said Rayzor Investments tract,
from which point a "H &N" capped 1/2" iron rod bears North 88 degrees, 36 minutes, 20 seconds
West, 32.77 feet;
THENCE North 88 degrees, 36 minutes, 20 seconds West with the south line of said Rayzor
Investments tract remainder, at 30 feet passing the northeast corner of said Lot 1, Block 1,
Gateway Addition and continuing with the north line of said Lot 1, 1078.45 feet to the PLACE
OF BEGINNING, and containing 30.7036 acres (1,337.448 square feet), of which 0.5298 acre
23.080 square feet) lies within the probable limits of Windsor Drive (base on Windsor Drive
being an 80 -feet wide right -of -way and the existing pavement being the eastbound (south) lanes
of a divided roadway, and 0.9759 acre (42.510 square feet) lies within Hinkle Drive (based on
one -half of 60 -foot wide right -of -way), leaving a net area of29.1978 acres (1,271.858 square
feet).
THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP FO THE
DESCRIBED PROPERTY.
S:\Our Documents\Ordinances\07\Z06-0014.doc
ORDINANCE NO. 21)(}7 - tJ32
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR-2) TO A NEIGHBORHOOD
RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION, WITH AN OVERLAY DISTRICT FOR APPROXIMATELY 30 ACRES,
GENERALLY LOCATED ON THE SOUTHWEST CORNER OF HINKLE DRIVE AND
WINDSOR STREET AND LEGALLY DESCRIBED AS SITUATED IN THE CITY OF
DENTON, DENTON COUNTY TEXAS, BEING A TRACT OF LAND IN THE N. H.
MEISENHEIMER SURVEY, ABSTRACT NO. 810 AND THE ROBERT BEAUMONT
SURVEY, ABSTRACT NO. 31 AND BEING A PORTION OF THAT CERTAIN TRACT
CONVEYED TO RAYZOR INVESTMENTS LTD., AS TRACT ONE OF SECTION 5, IN
DEED RECORDED IN VOLUME 1796, PAGE 601 OF THE REAL PROPERTY RECORDS
OF DENTON COUNTY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (Z06-0014)
WHEREAS, Rick Baria has applied for a change in zoning for approximately 30 acres
from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential 3 (NR-
3) zoning district classification and use designation: and
WHEREAS, on January 10, 2007, the Planning and Zoning Commission concluded a
public hearing as required by law, and recommended approval of the requested change in zoning;
and
WHEREAS, the City Council finds that the change is consistent with the Denton Plan
and the Development Code; NOW THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble oftbis ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district classification and use designation for 30 acres of land
described in Exhibit "A", as tract of land situated in the city of Denton, Denton County Texas,
being a tract of land in the N. H. Meisenheimer Survey, Abstract No. 810 and the Robert
Beaumont Survey, Abstract No. 31 and being a portion of that certain tract conveyed to Rayzor
Investments Ltd., as Tract One in Section 5, in deed recorded in Volume 1796, Page 601 of the
Real Property Records of Denton County, which is attached and incorporated for all purposes
herein (the "Property"), is hereby changed from a Neighborhood Residential 2 (NR-2) zoning
district to a Neighborhood Residential 3 (NR-3) zoning district classification and use
designation, with an overlay district containing the following restrictions and conditions:
a. The woods along the south and east boundary of the site will be preserved.
b. A perimeter fence with a "wrought" iron appearance, with taller posts topped by a
decorative finial at the comer of each lot will be installed along the perimeter of the site.
The setback of the fence will be 50' minimum from the existing curb. Rows of shrubbery
between the fence and sidewalk will be installed to obtain privacy. The distance from the
fence and back of sidewalk will be a minimum of 12-feet. The developer, and later an
H.O.A., will take responsibility for maintenance and irrigation of the approximately 3-
acre perimeter landscape area.
c. Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay
brick or stone for all vertical surfaces with a direct load path to the foundation.
d. The following restrictions and conditioTlS shall apply to single-family detached homes:
o Street right-of-way shall be a minimum of 56 feet.
o Parkway width shall be a minimum of9 feet.
o Sidewalk width shall be a minimum of 5 feet.
o Front yard setback shall be a minimum of 15 feet.
o Side yard setbacks shall be a minimum of 6 feet.
o Rear yard setback shall be a minimum of 1 0 feet, except for Rear Entry Garages.
o Rear yard setback shall be a minimum of 20 feet if garages are accessed through
the rear ofthe property.
o Front Entry Garages shall be setback 12 feet from the front most wall ofthat unit.
o Three-car Garages shall not face the street.
Notwithstanding the above real property description, the property being rezoned includes all
property to the centerline of all adjacent street right-or-way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district classification and use designation.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. 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 6. This ordinance shall become effective fourteen (l4) 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 this the 6'6'4 day of khnIJJq ,2007.
Jf
Exhibit A
DESCRIPTION OF PROPERTY SURVEYED
SITUATED in the city of Denton, Denton County Texas, being a tract of land in the N. H. MEISENHEIMER
SURVEY, Abstract No. 810 and the ROBERT BEAUMONT SURVEY, Abstract No. 31 and being a portion of
that certain tract conveyed to Rayzor Investments LId., as Tract One in Section 5, in deed recorded in
Volume 1796, Page 601 of the Real Property Records of Denton County, and said tract being more fully
described as follows:
BEGINNING at the northwest corner of Lot I, Block 1, Gateway Addition, as shown on plat thereof
recorded in Cabinet K, Slide 238, of the Plat Records of Denton County for the southwest corner of a
remainder of said Rayzor Investments Tract One in the east line of that certain Tract III conveyed to the
City of Denton by deed recorded in Volume 695, Page 669, of said Real Property Records, said point
being on a curve whose center bears North 82 degrees, 44 minutes, 43 seconds West. 2293.00 feet. and
from said point a 1/2" iron rod found in place bears North 88 degrees, 36 minutes, 20 seconds West, 0.30
foot;
THENCE northerly with said curve and with said east line of City of Denton Tract III for the west line of
said Rayzor tract remainder, passing the northeast corner of said City Tract III and the southeast corner
of that certain Tract I conveyed to the City of Denton by said deed recorded in Volume 695, Page 669,
and continuing with the east line of said Tract I and said curve, in all a distance of 948.72 feet to a "RPLS
1640" capped 5/8"iron rod set for the northwest corner of said Rayzor tract remainder, in the
southeasterly line of that certain tract conveyed to the City of Denton as Tract I by deed recorded in
Volume 697, Page 207 of said Real Property Records;
THENCE North 46 degrees, 19 minutes, 50 seconds East, with the northerly line of said Rayzor tract
remainder and said southeasterly line of City Tract I in Volume 697, Page 207, at 16.45 feet passing an
RPLS 1640" capped 5/8" iron rod set for reference, crossing the existing pavement of Windsor Drive, a
publicly maintained roadway. continuing in 011104.66 feet:
THENCE North 71 degrees. 38 minutes, 30 seconds East with the common line of said Rayzor tract
remainder and said City Tract I in Volume 697, Page 207, again crossing said Windsor Drive pavement, in
all 737.20 feet to the west corner of that certain tract conveyed to Rayzor Investments by Correction
instrument recorded in Volume 3441, Page 883, of, said Real Property Records;
THENCE with the northerly and east lines of said Rayzor Investments tract for southerly and west lines of a
remainder of said City Tract I recorded in Volume 697, Page 207, the following courses and distances:
North 60 degrees, 38 minutes, 10 seconds East. 177.67 feet to the beginning of a curve
whose center bears South 29 degrees, 21 minutes, 50 seconds East, 484.52 feet;
easterly with said curve 231.94 feet to an "RPLS 1640" capped 5/8" iron rod set for the
end of said curve at the northeast corner of said Rayzor tract described in Volume 3441,
Page 883; and,
South 0 degrees, 53 minutes, 45 seconds West. 24.43 feet to the southeast corner of said
Rayzor tract described in Volume 3441, Page 883, in the southerly line of said City Tract I
in Volume 697, Page 207;
THENCE North 71 degrees, 38 minutes. 30 seconds East with said southerly line of City Tract I recorded in
Volume 697, Page 207, 15.37 feet to a southeast corner of said City Tract I in the existing pavement of
Hinkle Drive. a publicly-maintained roadway; .
THENCE North 0 degrees. 53 minutes. 45 seconds East with the east line at said City Tract I in said Hinkle
Drive pavement. 29.97 teet to the southwest corner of that certain tract at land conveyed to the City at
Denton as Tract 1 in deed recorded in Volume 1163. Page 216. of said Real Property Records;
THENCE South 89 degrees. 00 minutes. 30 seconds East. 18.82 feet to the southeast corner of said City
Tract t recorded in Volume 1163. Page 216. in the east iine of said Rayzor Investments tract and in the
occupied center of said Hinkle Drive;
THENCE wilh the said east line of Rayzor Investments tract and said occupied center of Hinkle Drive.
South I degree. 17 minutes. 30 seconds West. 1282.43 feet. and South 0 degrees. 55 minutes. 25 seconds
West. 146.72 feet to the southeast corner of said Rayzor Investments tract. from which point a "H&N"
capped 1/2" iron rod beors North 88 degrees. 36 minutes. 20 seconds West. 32.77 feet;
THENCE North 88 degrees. 36 minutes. 20 seconds West with the south iine of said Rayzor Investments
tract remainder. at 30 feet passing the northeast corner of said Lot I. Block I. Gateway Addition and
continuing with the north line of said Lot I. 1078.45 feet to the PLACE OF BEGINNING. and containing
30.7036 acres (1.337.448 square feet). of which 0.5298 acre (23.080 square feet) lies within the probable
limits of Windsor Drive {based on Windsor Drive being an 80 foot wide right-at-way and the existing
pavement being the eastbound (south) lanes of a divided roadway. and 0.9759 acre (42.51O square
feet) lies within Hinkle Drive (based on one-half at a 60 toot wide right-of- way). leaving a net area of
29.1978 acres (1.271.858 square feet).
THIS DESCRIPTION PREPARED TO ACCOMPANY A SURVEY MAP OF THE DESCRIBED PROPERTY
meis779ja
AGENDA INFORMATION SHEET
AGENDA DATE: January 23, 2007
DEPARTMENT: Planning and Development Department
ACM: Howard Martin, 349-8232
________________________________________________________________________
SUBJECT - Z06-0014 (Parkside Meadows)
Hold a public hearing and consider adoption of an ordinance regarding the rezoning of
approximately 30 acres of land from a Neighborhood Residential 2 (NR-2) to a Neighborhood
Residential 3 (NR-3) zoning district. The subject property is generally located at the southwest
corner of Hinkle Drive and Windsor Street.
BACKGROUND
Applicant: Rick Baria Denton, TX
The applicant is proposing 89 lots (detached and attached single-family homes) with
approximately 3.3-acres woods to be preserved. The proposed rezoning request includes an
Overlay District to mitigate the comments from adjacent property owners who are concern about
the potential visual impact the proposed project would create.
The following are the Overlay District restrictions and conditions:
The woods along the south and east boundary of the site will be preserved.
A perimeter fence with a “wrought” iron appearance, with taller posts topped by a
decorative finial at the corner of each lot will be installed along the perimeter of the site.
The setback of the fence will be 50’ minimum from the curb. Rows of shrubbery
between the fence and sidewalk will be installed to obtain privacy. The developer, and
later an H.O.A., will take responsibility for maintenance and irrigation of the
approximately 3-acre perimeter landscape area.
Except for glazing, doors, and trim, the exterior of the homes shall be of vitrified clay
brick or stone for all vertical surfaces with a direct load path to the foundation.
The following restrictions and conditions shall apply to single-family detached homes:
o Street right-of-way shall be a minimum of 56 feet.
o Parkway width shall be a minimum of 9 feet.
o Sidewalk width shall be a minimum of 5 feet.
o Front yard setback shall be a minimum of 15 feet.
o Side yard setbacks shall be a minimum of 6 feet.
o Rear yard setback shall be a minimum of 10 feet, except for Rear Entry Garages.
o Rear yard setback shall be a minimum of 20 feet if garages are accessed through
the rear of the property.
o Front Entry Garages shall be setback 12 feet from the front most wall of that unit.
o Three-car Garages shall not face the street.
In conjunction with the rezoning request the applicant will be applying for a Specific Use Permit
(SUP) at a later date to develop attached single-family dwellings (see Exhibit 8). The NR-3
allows attached single-family dwellings with an SUP.
The applicant has met with nearby property owners three times, in August, November and
December of 2006. The applicant is including an overlay district with the proposed zoning
change to address the concerns of the property owners. The majority of the property owners that
attended the August and November public meetings are in general acceptance of the zoning
change with the overlay district restrictions listed above.
Public notification information is provided in Exhibit 6. As of this writing, staff has received
four responses from property owners within 200 feet of the subject site. Two are in favor, one is
neutral and one is opposed to the zoning change.
PRIOR ACTION/REVIEW
January 10, 2007 Planning and Zoning Commission public hearing
OPTIONS
1. Approve as submitted.
2. Approve subject to conditions.
3. Deny.
4. Table item.
RECOMMENDATION
The Planning and Zoning Commission recommends approval (6-0) of this rezoning request.
EXHIBITS
1. Staff Analysis
2. Location Map
3. Existing Zoning Map
4. Proposed Zoning Map
5. Future Land Use Map
6. Notification Map
7. Site Photos
8. Proposed Site Plan
9. Planning and Zoning Commission Minutes – January 10, 2007
10. Ordinance
Prepared by:
Ron Menguita
Planner III
Respectfully submitted:
Brian Lockley, AICP
Interim Director of Planning and Development
EXHIBIT 1
PLANNING & DEVELOPMENT
STAFF ANALYSIS
CASE NO: Z06-0014 DATE TO BE CONSIDERED: January 23, 2007
LOCATION: The property is generally located at the southwest corner of Hinkle
Drive and Windsor Street.
APPLICANT: Rick Baria
5138 Edwards Road
Denton, Texas 76208
OWNER: Rayzor Company
400 West Oak #200
Denton, Texas 76201
REQUEST: Rezone approximately 30 acres of land from Neighborhood
Residential 2 (NR-2) to a Neighborhood Residential 3 (NR-3) zoning
district with an Overlay District.
STAFF RECOMMENDATION: The Development Review Committee recommends
approval of the rezoning request.
COMPREHENSIVE PLAN
DESIGNATION:
The subject site is located within an Existing Land
Use/Infill Compatibility future land use designation.
SITE AND SURROUNDINGS: The property is currently undeveloped.
North: Neighborhood Residential 2 (NR-2) – North Lakes Park
South: Neighborhood Residential 2 (NR-2) - Alterra House Retirement
Home
West: Neighborhood Residential 2 (NR-2) – floodplain
East: Neighborhood Residential 3 (NR-3) – existing residential and
Neighborhood Residential Mixed Use12 (NRMU12) –Good
Samaritan Village
BACKGROUND INFORMATION:
The subject property is generally located at the southwest corner of Hinkle Drive and
Windsor Street. The applicant is requesting to rezone approximately 30 acres of land
from Neighborhood Residential 2 (NR-2) to a Neighborhood Residential 3 (NR-3) zoning
district with an Overlay District.
ANALYSIS:
Comprehensive Plan Analysis
The site is located in the “Existing Residential/Infill Compatibility” future land use area of
the Denton Plan. A description of Existing Residential/Infill Compatibility reads as
follows:
“Within established residential areas, new development should respond to existing
development with compatible land uses, patterns, and design standards. The plan
recommends that existing neighborhoods within the city be vigorously protected and
preserved. Housing that is compatible with the existing density, neighborhood service,
and commercial land uses is allowed.”
The proposed NR-3 zoning district is consistent with the comprehensive plan
designation of Existing Land Use/Infill Compatibility.
Development Code/Zoning Analysis
The following table highlights the differences in uses between the NR-2 and NR-3
zoning districts.
Residential Land Use Categories NR-2 NR-3
Agriculture P P
Livestock L(7) L(7)
Single Family Dwellings P P
Accessory Dwelling Units SUP
L(1)
SUP
L(1)
Attached Single Family Dwellings N SUP
Dwellings Above Businesses N N
Live/Work Units N N
Duplexes N N
Community Homes For the Disabled P P
Group Homes N N
Multi-Family Dwellings N N
Manufactured Housing Developments SUP N
Commercial Land Use Categories NR-2 NR-3
Home Occupation P P
Sale of Products Grown on Site N N
Hotels N N
Motels N N
Bed and Breakfast N N
Retail Sales and Service N N
Movie Theaters N N
Restaurant or Private Club N N
Drive-through Facility N N
Professional Services and Offices N N
Quick Vehicle Servicing N N
Vehicle Repair N N
Auto and RV Sales N N
Laundry Facilities N N
Equestrian Facilities SUP N
Outdoor Recreation P P
Indoor Recreation N N
Major Event Entertainment N N
Commercial Parking Lots N N
Administrative or Research Facilities N N
Broadcasting of Production Studio N N
Sexually Oriented Business N N
Temporary Uses L(38) L(38)
Industrial Land Use Categories NR-2 NR-3
Printing / Publishing N N
Bakeries N N
Manufacture of Non-odoriferous Foods N N
Feed Lots N N
Food Processing N N
Light Manufacturing N N
Heavy Manufacturing N N
Wholesale Sales N N
Wholesale Nurseries N N
Distribution Center N N
Wholesale Storage and Distribution N N
Self-service Storage N N
Construction Materials Sales N N
Junk Yards and Auto Wrecking N N
Kennels L(37) N
Veterinary Clinics L(14) N
Sanitary Landfills, Commercial
Incinerators, Transfer Stations N N
Gas Wells L(27) SUP
L(27)
Institutional Land Use Categories NR-2 NR-3
Basic Utilities L(25) L(25)
Community Service N N
Parks and Open Space P P
Churches P P
Semi-public, Halls, Clubs, and Lodges SUP SUP
Business / Trade School N N
Adult or Child Day Care SUP SUP
Kindergarten, Elementary School SUP SUP
Middle School N N
High School N N
Colleges N N
Hospital N N
Elderly Housing N N
Medical Centers N N
Cemeteries N N
Mortuaries N N
The chart below illustrates the differences between the NR-2 and NR-3 zoning district
development standards. The NR-3 zoning district permits higher density residential.
The following limits apply to subdivisions of 2 acres or less:
General Regulations NR-2 NR-3
Minimum lot area (square feet) 16,000 10,000
Minimum lot width 80 feet 60 feet
Minimum lot depth 100 feet 80 feet
Minimum front yard setback 20 feet 15 feet
L(2)
Minimum side yard 6 feet 6 feet
Minimum side yard adjacent to a street 10 feet 10 feet
Minimum rear yard 10 feet 10 feet
The following limits apply to subdivisions of more than 2 acres in lieu of minimum lot
size and dimension requirements:
General Regulations NR-2 NR-3
Maximum density, dwelling units per acre 2 3.5
Minimum side yard for non-attached
buildings 10 feet 6 feet
The following limits apply to all buildings:
General Regulations NR-2 NR-3
Maximum lot coverage 30% 50%
Minimum landscaped area 70% 50%
Maximum building height 40 feet 40 feet
Minimum yard when abutting a single-
family use or district
10 feet
plus 1
foot for
each
foot of
building
height
above
20 feet
10 feet
plus 1
foot for
each
foot of
building
height
above
20 feet
The requested zoning change is consistent with the surrounding land use and zoning
districts.
DEPARTMENT AND AGENCY REVIEW:
The Development Review Committee reviewed the rezoning request and no comments
were submitted.
FINDINGS:
The proposed rezoning request includes an Overlay District containing restrictions and
conditions that satisfy the concerns of nearby property owners. The requested zoning
change is consistent with the surrounding land use and zoning districts.
Pursuant to subsection 35.3.4.B. a zoning amendment shall be issued only when the
following standards are met:
1. The following rezoning conforms to the Future Land Use element of The Denton
Plan.
The proposed NR-3 zoning district is consistent with the comprehensive plan
designation of Existing Land Use/Infill Compatibility.
2. The proposed rezoning facilitates the adequate provisions of transportation,
water, sewers, schools, parks, other public requirements and public convenience.
Provisions exist for the adequate servicing of this proposal relative to water,
sewer, schools, parks, and other public infrastructure.
RECOMMENDATION:
Based on the analysis and findings listed above, staff recommends approval of the
rezoning request.
EXHIBIT 2
LOCATION MAP
EXHIBIT 3
EXISTING ZONING MAP
EXHIBIT 4
PROPOSED ZONING MAP
EXHIBIT 5
FUTURE LAND USE MAP
EXHIBIT 6
PUBLIC NOTIFICAITON MAP
Public Notification Date: 12/29/06
200’ Legal Notices* sent via Certified Mail: 23
500’ Certified Notices sent via Regular Mail: 62
Number of responses to 200’ Legal Notice
In Opposition: 1
In Favor: 2
Neutral: 1
Percent of land within 200’ in opposition: 1.4 %
EXHIBIT 7
PHOTOGRAPHS
Subject site looking south. Subject site looking southwest.
Subject site looking southwest. Subject site looking northwest.
Subject site looking southwest. Subject site looking southwest. Alterra
House Retirement Home in the
background.
EXHIBIT 8
PROPOSED SITE PLAN