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2019-095 City Initiated Zoning ChangesDate: May 3, 2019 Report No. 2019-095 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Provide information regarding the process of City initiated zoning changes. EXECUTIVE SUMMARY: On April 23, 2019 the City Council adopted the 2019 Denton Development Code (DDC) which included the Zoning District Transition Chart, attached as Attachment 1. The Chart illustrates how the currently zoned properties transitioned to the new line of Zoning Districts. At the same meeting, the City Council continued the consideration of the Draft Zoning Map to August 6, 2019. The purpose of the continuation is to provide citizens, the City Council, and staff the ability to research, review and consider city initiated zoning changes. The purpose of this Informal Staff Report is to provide the process of bringing forward city initiated zoning changes and provide examples of zoning change requests. BACKGROUND: Staff received numerous comments from the public regarding the zoning of their properties during the drafting of the DDC and Zoning Map and at the April 23, 2019 City Council public hearing. After the meeting, staff summarized the comments of some of the speakers and have provided recommendations regarding their properties. Attachment 2 is summaries including property information, existing conditions, findings of fact, exhibits and staff’s recommended zoning. In addition to the summaries of the parcels in Attachment 2, staff will be preparing similar summaries for comments received through email, calls, walk-ins, and from response cards and speaker cards. For clarification below are definition of terms that are outlined in the attached summaries: • 2002 Zoning – means the Zoning District from the 2002 DDC (i.e., NR-1 and NR-2), which is applicable today through September 30, 2019 • 2019 Zoning – means the Zoning District from the Transition Chart (i.e., R1 and R2), which is applicable today and effective on October 1, 2019 • Citizen Requested Zoning – Zoning District the property owner requested their property to be zoned NEXT STEPS: Using these summaries along with the overall staff recommendations for special study areas, staff is preparing for a series of public hearings with the Planning and Zoning Commission and City Council to consider the city initiated zoning changes. Each public hearing will focus on a specific Zoning District, specific study area, or a combination of both. Each public hearing will include a detailed staff analysis of each parcel, group of parcels, or study area. Date: May 3, 2019 Report No. 2019-095 Prior to each public hearing, staff plans to meet with the Development Code Review Committee to discuss and seek their input regarding each item and associated study area. During this time staff will also be contacting the owner of each property for a proposed city initiated rezoning. Prior to the public hearings, notices will be mailed to property owners within 200 feet informing them of the proposed zoning change, date and time of the public hearing, and the method to provide comments. As of today, staff has identified approximately 4,000 parcels that would need to be researched for a possible city initiated rezoning. Most parcels are grouped into neighborhoods or larger areas and will be brought forward in geographic groupings. CONCLUSION: Staff is proposing to start the first series of public hearings with the Planning and Zoning Commission on May 29, 2019 and will continue this effort through July 24, 2019. Once all the city initiated zoning changes are considered by City Council, staff will bring forward the Draft Zoning Map as amended on August 6, 2019. ATTACHMENT(S): 1. Zoning District Transition Chart 2. Property Summaries 3. District Summaries 4. Table of Allowed Uses STAFF CONTACT: Scott A. McDonald Director of Development Services (940) 349-8539 scott.mcdonald@cityofdenton.com Ron P. Menguita Principal Planner (940) 349-8328 ron.menguita@cityofdenton.com Zoning District Transition Chart  Future Land Use Designations Current Zoning Districts Proposed Zoning Districts  Rural Areas A, RD‐5, RC, (including previously un‐zoned  parcels designated for reference as RD‐5X) RR  Residential ‐ Low Density (up to 4 dwelling  units per acre)  NR‐1 R1  NR‐2 R2  NR‐3 R3  Residential – Moderate Density (4 – 12  dwelling units per acre)  NR‐4 R4  NR‐6 R6  Downtown Compatibility Area DR‐1, NRMU‐12, MF‐1 R7  Downtown Denton DC‐N, DC‐G  MD – within DTIP  MN – outside DTIP  Regional Mixed Use RCC‐N, RCC‐D MR  Community Mixed Use Various Various  Neighborhood Mixed Use DR‐2, RCR‐1, RCR‐2, NRMU MN  Business Innovation  EC‐C GO  EC‐I, IC‐E LI  Neighborhood/University Compatibility Area Various Various  Commercial CM‐G, CM‐E SC – along arterials  HC – along I‐35  Government/Institutional Publicly Owned Properties (e.g., City of  Denton, TWU, UNT, DISD, state, and federal  properties)  PF  Industrial Commerce IC‐G HI  Various PD, MPC PD  Various Properties zoned or rezoned with conditions PD  Property ID: 37147 CITY COUNCIL DISTRICT: 2 LOCATION: South of Blagg Road and approximately 950 feet west of Lakeview Boulevard SIZE: 45.99 acres 2002 ZONING: Agricultural (A) 2019 ZONING: Rural Residential (RR) Citizen REQUESTED ZONING: Residential 4 (R4) STAFF RECOMMENDATION: Pending EXISTING CONDITION: Undeveloped STATUS: N/A PROPERTY OWNER: Eric G. and Mary Ellen Janssen BACKGROUND: The property owner is requesting that the subject property be zoned Residential 4 (R4). The property is currently undeveloped and is used for agricultural purposes. According to the Denton County Appraisal District the property owners have owner the subject property since 2002. FINDINGS OF FACT: 1. The subject property is located along Blagg Road, a collector road per the Mobility Plan. 2. The subject property is primarily being used for agriculture. 3. The subject property was annexed into the City in 2001. Most of the properties designated as RD-5x in this area were annexed in 2013. 4. The subject property was zoned as Agriculture following annexation. This zoning designation was maintained even after the 2002 City-wide rezoning. 5. The zoning in this area of the City is not consistent. The majority of properties in this area are either undeveloped, or are used for rural residential and agriculture. The subject property is adjoined by ETJ properties to the south and west. The properties in this area that are part of the City are zoned RD-5x, NR-6, NRMU-12, and NR-2. The properties in the immediate area that are zoned NRMU-12 are used as single-family residential, and the NR-2 properties in the area are part of the Lakeview Estates subdivision. The nearby NR- 6 parcels are not developed, although a preliminary plat for a single-family subdivision has been applied for on the NR-6 parcel located to the north across Blagg Road. 6. The future land use designation for the subject property and the surrounding area south of Blagg Road per the Denton Plan 2030 Future Land Use Map is Low Residential. This designation is intended for areas predominantly used for single-family subdivisions with lots ranging from one acre or more in rural fringe areas up to four units per acre closer to the inner city. The current Agricultural zoning designation is less intense than what is typically intended for Low Residential areas, but the subject property is located on the eastern fringe of the City in an area where the Future land Use map quickly transitions to a Rural Areas along Lakeview Boulevard and beyond. The Future Land Use Map designates the area between Blagg Road and US 380 for Moderate Residential development. 7. With a minimum lot area of 7,000 square feet, R4 is not consistent with the Low Residential future land use designation. RECOMMENDATION: Based on the findings of fact listed above, staff recommends that the property owner submit an application for the requested rezoning so that the case can be further analyzed in accordance with the Denton Development Code’s criteria for approval of a rezoning that does not conform to the Future Land Use Map. This case will require additional analysis and does not constitute a simple clean-up to the proposed zoning map. Comment from 37147Aerial Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.LAKEVI EWBLVDBLAGG RD µ0 250 500125FeetComment Location Date: 5/3/2019 Comment from 37147Transition Zoning Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.LAKEVI EWBLVDBLAGG RD R2 R2 PF ETJ R7 R6 RR µ0 250 500125FeetRR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Commercial SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development RRO - Rayzor Ranch Overlay Comment Location Date: 5/3/2019 Property ID: 38026 CITY COUNCIL DISTRICT: 4 LOCATION: 2900 Robinson Road SIZE: 13.14 acres 2002 ZONING: Un-zoned (RD-5X) 2019 ZONING: Residential Rural (RR) CITIZEN REQUESTED ZONING: Suburban Corridor (SC) STAFF RECOMMENDATION: Pending EXISTING USE(S): Undeveloped (western portion), Residential Building (eastern portion) STATUS: Conforming related to use - Single Family Dwelling use is an allowed use in the RR Zoning District. Non-conforming related to minimum lot area - the parcel does not meet the minimum lot size of 5 acres. PROPERTY OWNER: Stacey Lawrence (Trustee) BACKGROUND: The property owner is requesting that their property be zoned Suburban Corridor (SC). The property has been owned by the property owner for close to 29 years and is currently used for residential. According to Denton Central Appraisal District information, the property was purchased in 1990 by the property owner as an undeveloped lot and a residential structure was erected in 2004. The property was split in two due to right-of-way acquisition for the construction of FM 2499 by the Texas Department of Transportation (TxDOT). The entire tract was annexed into the city in 2010 (refer to Ordinance number 2010-131). FINDINGS OF FACT: 1. The subject property is located along Robinson Road and FM 2499. 2. The subject property and surrounding properties are primarily being used as residential. 3. The residential use of the property has been there close to 15 years. 4. The subject property and surrounding properties west, along Robinson Road were annexed in 2010. 5. The properties in the area were zoned with the lowest intense zoning after annexation. 6. Suburban Corridor (SC) along US 380 in this area is not consistent with the Land Use Element and the Future Land Use Map. RECOMMENDATION: Based on the findings of fact listed above, staff recommends the applicant submit a separate application to rezone this property. Property ID: 38030 CITY COUNCIL DISTRICT: 4 LOCATION: 2798 Robinson Road SIZE: 2.1 acres 2002 ZONING: Un-zoned (RD-5X) 2019 ZONING: Residential Rural (RR) CITIZEN REQUESTED ZONING: Suburban Corridor (SC) STAFF RECOMMENDATION: Pending EXISTING USE(S): Residential Home STATUS: Conforming related to use - Single Family Dwelling use is an allowed use in the RR Zoning District. Non-conforming related to minimum lot area - the parcel does not meet the minimum lot size of 5 acres. PROPERTY OWNER: Dan Hampton BACKGROUND: The property owner is requesting that their property be zoned Suburban Corridor (SC). According to information available from the Denton Central Appraisal District, the property was developed as a residential lot in 1950. The entire tract was annexed into the city in 2010 (refer to Ordinance number 2010-131). FINDINGS OF FACT: 1. The subject property is located along Robinson Road and FM 2499. 2. The subject property and surrounding properties are primarily being used as residential. 3. The residential use of the property has been there close to 70 years. 4. The subject property and the surrounding properties east and west along Robinson Road were annexed in 2010. 5. The properties in the area were zoned with the lowest intense zoning after annexation. 6. Suburban Corridor (SC) along Robinson Road and FM 2499 in this area is not consistent with the Land Use Element and the Future Land Use Map. RECOMMENDATION: Based on the findings of fact listed above, staff recommends the applicant submit a separate application to rezone this property. Property ID: 38329 and 38032 CITY COUNCIL DISTRICT: 4 LOCATION: 2736 Robinson Road SIZE: 1.87 acres 2002 ZONING: Un-zoned (RD-5X) 2019 ZONING: Residential Rural (RR) CITIZEN REQUESTED ZONING: Suburban Corridor (SC) STAFF RECOMMENDATION: Pending EXISTING USE(S): Residential Buildings STATUS: Conforming related to use - Single Family Dwelling use is an allowed use in the RR Zoning District. Non-conforming related to minimum lot area - the parcel does not meet the minimum lot size of 5 acres. PROPERTY OWNER: Rocky McMinn BACKGROUND: The property owner is requesting that their properties be zoned Suburban Corridor (SC). According to information available from the Denton Central Appraisal District, the eastern tract was developed as a residential lot in 1980 and the western tract was developed as a residential lot in 1990. The subject site contains two tracts that are developed with residential buildings. Both tracts were annexed into the city in 2010 (refer to Ordinance number 2010-131). FINDINGS OF FACT: 1. The subject site is located along Robinson Road and FM 2499. 2. The subject site is primarily being used as residential. 3. The residential use of subject site has been there close to 40 years. 4. The subject property and the surrounding properties east and south along Robinson Road were annexed in 2010. 5. The properties in the area were zoned with the lowest intense zoning after annexation. 6. Suburban Corridor (SC) along Robinson Road and FM 2499 in this area is not consistent with the Land Use Element and the Future Land Use Map RECOMMENDATION: Based on the findings of fact listed above, staff recommends the applicant submit a separate application to rezone these properties. Comment from 38026, 38029, 38030, 38032Aerial Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. CLYDESDALE DR LIPIZZAN DR ANDALUSIAN DR ROBINSON RD THOROUGHBREDTRLWHEELERRIDGEDRST JOHNS DR VILLANOVA DR SFM2499NFM2499SAN LORENZO DR LUCK HOLE DR PINEHILLS L N µ0 175 35087.5 FeetComment Location Date: 5/3/2019 Comment from 38026, 38029, 38030, 38032Transition Zoning Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. CLYDESDALE DR LIPIZZAN DR ANDALUSIAN DR ROBINSON RD THOROUGHBREDTRLWHEELERRIDGEDRST JOHNS DR VILLANOVA DR SFM2499N FM 2499SAN LORENZO DR LUCK HOLE DR PINEHILLSL N PF R4 R4 ROW RR R2 PD MN µ0 175 35087.5 FeetRR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Commercial SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development RRO - Rayzor Ranch Overlay Comment Location Date: 5/3/2019 Property ID: 65652 CITY COUNCIL DISTRICT: 3 LOCATION: Southeast corner of US 377 and Bernice Jones Road SIZE: 4.74 acres, part in the City and part in the County 2002 ZONING: Neighborhood Residential 1 (NR-1) 2019 ZONING: Residential 1 (R1) CITIZEN REQUESTED ZONING: Mixed-Use Neighborhood (MN) STAFF RECOMMENDATION: Pending EXISTING USE(S): Undeveloped STATUS: N/A PROPERTY OWNER: Lotusacres LLC (registered to Ram Dora Sunkavalli) BACKGROUND: The property owner is requesting that the subject property be zoned Neighborhood Mixed-Use (MN). The property is currently undeveloped and is used for agricultural purposes. According to the Denton County Appraisal District the property owner has owned the subject property since 2014. The property owner also owns two adjacent parcels of land located to the east in the City’s Extraterritorial Jurisdiction (ETJ). Recently, the owner applied for a Pre-Development Meeting to discuss developing a multi-family development on their property in ETJ. The proposed MN zoning would permit the proposed multi- family use to be developed on this parcel located within the City limits as well. FINDINGS OF FACT: 1. The subject property is located along US 377. 2. The subject property is primarily being used for agriculture. 3. The majority of the properties along this segment of US 377 were annexed in 1969. 4. The subject property was zoned for agriculture following annexation, and was rezoned to NR-1 in 2002 (not as a part of the 2002 City-wide rezoning). 5. The majority of properties in this area are zoned for low-density residential development. Properties further south along Hamilton Road and US 377 are zoned NRMU today. This zoning was assigned as part of the 2002 City-wide rezoning since the property had been zoned Commercial in 1998. These parcels will be zoned MN based on the Zoning District Transition Chart. 6. The future land use designation per the Denton Plan 2030 Future Land Use Map is Rural Areas. This designation is intended for areas predominantly used for farming or ranching along with very low density residential development (one unit per 5 acres, typically). The current NR-1 (R1) zoning designation is not consistent with this designation, but is more consistent with the intent of Rural Areas than mixed-use (MN) zoning. 7. Further south along US 377, roughly focused around the US 377 and Brush Creek Road intersection, the Future Land Use maps reflects a node of Neighborhood Mixed Use designation. This area around the intersection of two Primary Arterial roadways is a logical location for smaller scale commercial, retail, and office uses to be provided to serve the surrounding rural areas. RECOMMENDATION: Based on the findings of fact listed above, staff recommends that the property owner submit an application for the requested rezoning so that the case can be further analyzed in accordance with the Denton Development Code’s criteria for approval of a zoning change. This zoning change request will require additional analysis. Comment from 65652Aerial Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. WINTHROPHILL RD FORT WORTH DRCHIPPI N G C A M P D E N R D SBONNIEBRAESTHAMILTON RD BERNIECE JONES RD SKIVUE DR £¤377 µ0 170 34085FeetComment Location Date: 5/3/2019 Comment from 65652Transition Zoning Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. W INTHROPHILLRD FORT WORTH DRCHIPPIN G C A M P D E N R D SBONNIEBRAESTHAMILTON RD BERNIECE JONES RD SKIVUE DR £¤377 RR ETJ R2 R1 R1 MN PF R2 µ0 170 34085FeetRR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Commercial SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development RRO - Rayzor Ranch Overlay Comment Location Date: 5/3/2019 Property ID: 113707 CITY COUNCIL DISTRICT: 2 LOCATION: 2216 Bolivar Street SIZE: 0.49 acres 2002 ZONING: Neighborhood Residential 3 (NR-3) 2019 ZONING: Residential 3 (R3) CITIZEN REQUESTED ZONING: Mixed-Use Neighborhood (MN) STAFF RECOMMENDATION: Pending EXISTING USE(S): Church STATUS: Conforming related to use - Religious Assembly is an allowed use in the R3 Zoning District PROPERTY OWNER: Ted Obialo BACKGROUND: The property owner is requesting that his property be zoned MN in order to make the building on the property usable if the current occupant, a church, leaves. According to the property owner, the large church building on the property would not be appropriate for Single-Family Residential use, no other residential uses are permitted in the R3 district, and there are multifamily apartments nearby to the subject property. The property was purchased by the current owner in 2018. The church building on the site dates to 1970, according to Denton County Appraisal District records. It was officially purchased by a church in 1977 and was owned and occupied exclusively by a succession of various churches until 2002, when it again passed into private ownership, but continued to be church-occupied. There is no record of the use of the property prior to 1970. FINDINGS OF FACT: 1. The subject property has been occupied by churches and/or non-profit ministries for over 30 years. The R3 zoning permits these use(s) to continue. 2. The subject property has always had a single-family residential zoning 3. The subject property is surrounded primarily by single-family or duplex residential uses. 4. Two properties on the same block of Bolivar as the subject property are zoned R7, and one contains an existing multifamily apartment. 5. The nearest MN-zoned property is two blocks away from subject property. 6. The only multifamily adjoining this property faces onto N Elm Street, a primary arterial. 7. The subject property is located on Bolivar Street, which, north of University Drive, is a neighborhood street. 8. R3 is consistent with this property’s Future Land Use Map designation of Low Residential. 9. MN is not consistent with the Low Residential Future Land Use. RECOMMENDATION: Based on the findings of fact listed above, staff does not recommend a city-initiated rezoning, but does recommend that property owner submit application for property owner’s desired zoning district through the normal rezoning process. Comment from 113707Aerial Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.BOLIVAR STN LOCUST STTALIAFERRO STN CARROLL BLVDFAIN ST ROSS ST W SHERMAN DRDENISON STN ELM ST³±428³±2164£¤77 µ0 100 20050FeetComment Location Date: 5/3/2019 Comment from 113707Transition Zoning Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement.BOLIVAR STN LOCUST STTALIAFERRO STN CARROLL BLVDFAIN ST ROSS ST W SHERMAN DRDENISON STN ELM ST³±428³±2164£¤77 MN R7 R3 R3 SC R7 R4 R7 µ0 100 20050FeetRR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Commercial SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development RRO - Rayzor Ranch Overlay Comment Location Date: 5/3/2019 Property ID: 647986 CITY COUNCIL DISTRICT: 2 LOCATION: 5101 E. University SIZE: 5.22 acres, part in the City and part in the County 2002 ZONING: Neighborhood Residential 2 (NR-2) 2019 ZONING: Residential 2 (R2) CITIZEN REQUESTED ZONING: Suburban Corridor (SC) STAFF RECOMMENDATION: City Initiated to Suburban Corridor (SC) EXISTING USE(S): TV Production Studio, Truck Sales Center, Aerospace and Pipeline Educational Testing Center, Electrician Contractor’s Warehouse, Doggie Daycare and Grooming Shop, Self Storage, Construction Workshop, Office Suites with multi-tenants, Video Production and Live Streaming Company, Communications Tower - Internet Streaming Company, Truck Sale lot, and a Tiny Home and Storage Resale Center STATUS: Non-conforming related to use - all existing uses are nonconforming with the current Zoning District of R2. PROPERTY OWNER: Robert and Viveca Stock BACKGROUND: The property owner is requesting that their property be zoned Suburban Corridor (SC) to be consistent to the current uses on their property. The property, also known as the Greenbelt Business Park, has been owned by the property owner for close to 22 years. According to the property owner, they purchased the property in 1998 and it was immediately used as commercial. Prior to it being purchased the property was undeveloped, never used as residential. FINDINGS OF FACT: 1. The subject property is located along US 380 2. The subject property is primarily being used as commercial 3. The commercial use of the property has been there close to 22 years 4. The properties along US 380 were annexed in 1974 5. The properties in the area were zoned with the lowest intense zoning after annexation 6. Suburban Corridor (SC) along US 380 in this area is consistent with the Land Use Element and the Future Land Use Map RECOMMENDATION: Based on the findings of fact listed above, staff recommends approval of a zoning change from R2 to SC. In addition, staff recommends that the zoning of properties on both sides of US 380 within the immediate area be changed from R2 to SC to be more in line with the high-traffic patterns of the area and to be more consistent of how the area will develop in the future. Comment from 647986Aerial Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. N TRINITY RD RIVERSIDE DR E UNIVERSITY DR BROWN TRAILCT£¤380 µ0 190 38095FeetComment Location Date: 5/3/2019 Comment from 647986Transition Zoning Map The City of Denton has prepared maps for departmental use. These are not official maps of the City of Denton and should not be used for legal, engineering or surveying purposes but rather for reference purposes. These maps are the property of the City ofDenton and have been made available to the public based on the Public Information Act. The City of Denton makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided forthe data herein, its use, or its interpretation. Utilization of this map indicates understanding and acceptance of this statement. N TRINITY RD RIVERSIDE DR E UNIVERSITY DR BROW NTRAILCT£¤380 ETJR2 R4 ETJ RR µ0 190 38095FeetRR - Residential Rural R1 - Residential R2 - Residential R3 - Residential R4 - Residential R6 - Residential R7 - Residential MN - Mixed-Use Neighborhood MD - Mixed-Use Downtown Core MR - Mixed-Use Regional HC - Highway Commercial SC - Suburban Corridor GO - General Office LI - Light Industrial HI - Heavy Industrial PF - Public Facilities PD - Planned Development RRO - Rayzor Ranch Overlay Comment Location Date: 5/3/2019 Table 5.2-A: Table of Allowed Uses - Draft P = permitted S = specific use permit required Blank cell = use prohibited P or S = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Residential Uses HOUSEHOLD LIVING Single-Family Detached Dwelling P P P P P P P P 5.3.3.A Townhome S P P P P P 5.3.3.B Duplex S P P P P P 5.3.3.C Triplex P P P P P 5.3.3.C Fourplex P P P P P 5.3.3.C Multifamily Dwelling S P P P S S S 5.3.3.D Tiny Home Development Subject to approval of a planned development (PD), see 5.3.3E Work/Live Dwelling P P P P P P S S 5.3.3.F Manufactured Home Development (HUD CODE) S S 5.3.3.G GROUP LIVING Chapter House S S P Community Home P P P P P P P P P P 5.3.3.I Dormitory S S P Elderly Housing S S P P P P 5.3.3.G Group Home S S S S S S S S 5.3.3.I April 2019 PROPOSED – DRAFT ONLY Table 5.2-A: Table of Allowed Uses - Draft P = permitted S = specific use permit required Blank cell = use prohibited P or S = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Public, Institutional, and Civic Uses COMMUNITY AND CULTURAL FACILITIES Airport, City-Owned P Cemetery, City-Owned P Club or Lodge P S S S S S S P P P P P P P P 5.3.4.A Community Service P P P P P P P P P P P P P P P P Day Care, Adult or Child P S S S S S P P P P P P P P 5.3.4.B Funeral and Internment Facility S S P P P P Homeless Shelter S S S S S P 5.3.4.C Landfill, City-Owned P Religious Assembly P P P P P P P P P P P P P P P P 5.3.4.C EDUCATIONAL FACILITIES Business or Trade School P P P P P P P P 5.3.4.E College or University P P P School, Private P S S S S S S P P P P P P P School, Public P P P P P P P P P P P P P P P P HEALTHCARE FACILITIES Hospital Services P P P P 5.3.4.F Medical Clinic S S P P P P P 5.3.4.F Medical Office P P P P P P P 5.3.4.H PROPOSED – DRAFT ONLY April 2019 Table 5.2-A: Table of Allowed Uses - Draft P = permitted S = specific use permit required Blank cell = use prohibited P or S = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Commercial Uses AGRICULTURAL AND ANIMAL USES General Agriculture P S S P 5.3.5.A Commercial Stable P S S 5.3.5.B Community Garden P P P P P P P P P P P P P S S S Kennel P S S P P S P P 5.3.5.C Urban Farm P S S S S S S P P P P P P P P Veterinary Clinic P S S P P P P P P P 5.3.5.D RECREATION AND ENTERTAINMENT Amenity Center P P P P P P P P P P P P P P Indoor Recreation Facility P P P P P P P P Outdoor Recreation Facility P P P P P P P S S S P P P P RV Park S S S S S S S P 5.3.5.E FOOD AND BEVERAGE SERVICES Bar, Tavern, or Lounge S P P P P P P 5.3.5.F Mobile Food Court S S S S S S S S 5.3.5.G Private Club P P P P P P P 5.3.5.H Restaurant P P P P P P P 5.3.5.H Restaurant, with Drive-Through S S P P P P P 5.3.5.J April 2019 PROPOSED – DRAFT ONLY Table 5.2-C: Table of Allowed Uses - Draft P = permitted S = specific use permit required Blank cell = use prohibited P or S = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Commercial Uses OFFICE, BUSINESS, AND PROFESSIONAL SERVICES Administrative, Professional, and Government Office S S S S P P P P P P P P P 5.3.5.K Bank or Financial Institution S P P P P P P P 5.3.5.L Musician Studio P P P P P 5.3.5.M Credit Access Business S P P P P P P 5.3.5.N Printing, Copying, and Publishing Establishment S P P P P P P P PERSONAL SERVICES Laundry Facility, Industrial S S P P Laundry Facility, Self-Service S P P P P P P P P 5.3.5.O Personal Service, General P P P P P P P Tattoo and Body Piercing Parlor P P P P 5.3.5.P RETAIL SALES Building Materials and Supply Store S P P P General Retail Unless Otherwise Specified, Less than 5,000 Square Feet S P P P P P P P P P 5.3.5.Q General Retail Unless Otherwise Specified, Between 5,000 Square Feet and 15,000 Square Feet P P P P P P P P General Retail Unless Otherwise Specified, More than 15,000 Square Feet S S P P P P P P 5.3.5.R Smoke Shop P P P P PROPOSED – DRAFT ONLY April 2019 Table 5.2-C: Table of Allowed Uses - Draft P = permitted S = specific use permit required Blank cell = use prohibited P or S = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Commercial Uses LODGING FACILITIES Bed and Breakfast P S S S P P P P 5.3.5.S Boarding or Rooming House S P P P Hotel P P P P P P P Motel P P P P P Short-Term Rental P P P P P P P P 5.3.5.T VEHICLES AND EQUIPMENT Auto Wash P P P P P P Automotive Fuel Sales S S P P P P P P 5.3.5.U Automotive Repair Shop, Major P P P S P P 5.3.5.V Automotive Repair Shop, Minor S P P P P P P 5.3.5.W Automotive Sales or Leasing P Automotive Wrecking Service, Impound Lot, Junkyard and Salvage Yard S P 5.3.5.X Equipment Sales and Rental S S P 5.3.5.Y Parking Lot as a Principal Use P P P P P P P Travel Plaza P P P ADULT ENTERTAINMENT ESTABLISHMENTS Sexually Oriented Business S 5.3.5.Z PROPOSED – DRAFT ONLY April 2019 Table 5.2-A: Table of Allowed Uses - Draft P = permitted S = specific use permit required Blank cell = use prohibited P or S = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Industrial Uses MANUFACTURING AND PROCESSING Craft Alcohol Production S P P P P P P P 5.3.6.A Feedlot, Slaughterhouse, or Packaging Plant S S Food Processing, Less than 2,500 Square Feet P P P P P P P P 5.3.6.B Food Processing, More than 2,500 Square Feet S S P P P P P P 5.3.6.C Gas Well P P P P P P P P P P P P P P P P Subchapter 6: Manufacturing, Artisan P P P P P P P P 5.3.6.D Manufacturing, Low-Impact S P P P P P P 5.3.6.E Manufacturing, Medium-Impact S S P Manufacturing, High-Impact S Commercial Incinerator, Transfer Station S STORAGE AND WAREHOUSING Outdoor Storage S S S 5.3.6.F Self-Service Storage S S S P S P P P 5.3.6.G Storage of Hazardous Materials S Warehouse and Wholesale Facility S S P P P P 5.3.6.H PROPOSED – DRAFT ONLY April 2019 Table 5.2-A: Table of Allowed Uses - Draft P = permitted S = specific use permit required Blank cell = use prohibited P or S = use-specific standards apply Residential Mixed-Use Corridor Other Nonresidential Use-Specific Standards RR R1 R2 R3 R4 R6 R7 MN MD MR SC HC GO LI HI PF Public and Semi-Public Utility Uses Basic Utilities P P P P P P P P P P P P P P P P Power Stations, Electric Substations, Interchanges, and Switch Stations P P P P P P P P P P 5.3.7.A Solar Collector as Principal Use S S S S P 5.3.7.B Wind Energy Conversion System (WECS) S S 5.3.7.C Wireless Telecommunications See Section 5.6: Wireless Telecommunications Facilities Accessory Uses Accessory Dwelling Unit P P P P P P P P 5.4.4.A Donation Box Home Occupation P P P P P P P P P P P 5.4.4.B Outdoor Storage, Accessory P P P P P 5.4.4.D Sale of Produce and Plants Raised on Premises P P P P P P P P P P P P P P P P 5.4.4.E Solar Collector, (Ground- or Building-Mounted) P P P P P P P P P P P P P P P P 5.4.4.F Wind Energy Conversion System, Small (Ground-Mounted) P S S S S S S S S S S S S P P P 5.4.4.F Wind Energy Conversion System, Small (Building-Mounted) P S S S S S S S S S S S S P P P 5.4.4.H Temporary Uses Concrete or Asphalt Batching Plant, Temporary S S S S S S S S S S S S S S S S 5.5.6.B Farmer’s Market or Open Air Market P P P P P P P P P 5.5.4 Field or Construction Office P P P P P P P P P P P P P P P P 5.5.6.C Seasonal Sales P P P P P P P P 5.5.4 Special Event P P P P P P P P P 5.5.4 Portable Wireless Telecommunications Facility P P P P P P P P P P P P P P P P 5.5.4 April 2019 PROPOSED – DRAFT ONLY RESIDENTIAL ZONING DISTRICTS RR – RESIDENTIAL RURAL The RR district is intended to provide and maintain areas of rural use within the City. Application of this district will ensure that farming, forest, environmental, and scenic areas are protected from incompatible development. This district includes farms and ranches as the predominant use with large lot rural residential and rural commercial uses. The RR district may be used as an interim zoning district for annexed property. R1 - RESIDENTIAL VERY LOW The R1 district is intended to preserve existing very low-density neighborhoods and to ensure that any new development promotes conservation of scenic rural open space and is compatible with existing land uses, patterns, and design standards. The R1 district can be used as a transitional district between rural development and large lot residential neighborhoods. R2 - RESIDENTIAL LOW The R2 district is intended to preserve existing low-density single-family neighborhoods. The R2 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R2 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R3 - RESIDENTIAL MEDIUM The R3 district is intended to preserve existing single-family neighborhoods. The R3 district is intended to ensure that any new development promotes walkability, access to parks, open space, and recreation amenities and is compatible with existing land uses and development patterns. The R3 district can be used as a transitional district between large lot residential neighborhoods and medium lot residential neighborhoods. R4 - RESIDENTIAL URBAN The R4 district is intended to accommodate a variety of housing types on small lots designed to encourage walking to neighborhood- serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R6 - RESIDENTIAL URBAN The R6 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also serving as a transition area between established single-family neighborhoods and mixed-use neighborhoods, commercial areas, and key corridors. R7 - RESIDENTIAL URBAN The R7 district is intended to accommodate a variety of housing types on lots designed to encourage walking to neighborhood-serving retail and other amenities such as parks and school facilities. This zoning district will ensure existing neighborhood character is maintained while also contributing to a safe environment for pedestrians and bicyclists. This district can also serve to support compatibility between single-family neighborhoods and higher-intensity mixed-use or nonresidential. PD - PLANNED DEVELOPMENT The PD district is intended to provide an alternative zoning district and development process to accommodate substantial development for residential, commercial, professional, recreational, industrial or other activities, including combinations of uses appropriately requiring flexibility under controlled conditions, not otherwise attainable under conventional base zoning districts. April 2018 April 2018 March 2019 April 2018 April 2019 Residential Zoning Districts Dimensional Standards Dimensional Standards RR R1 R2 R3 R4 R6 R7 Additional Standards LOT DIMENSIONS (MINIMUM) 3.7.2A Minimum Lot Dimensions Lot area 5 acres 32,000 sq ft 16,000 sq ft 10,000 sq ft 7,000 sq ft 6,000 sq ft 4,000 sq ft Lot width 100 feet 80 feet 80 feet 60 feet 50 feet 50 feet 50 feet Lot depth 200 feet 100 feet 100 feet 80 feet 80 feet 80 feet 80 feet SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 50 feet 20 feet 20 feet 20 feet 20 feet 10 feet 10 feet Side yard 10 feet 10 feet 10 feet 10 feet 5 feet 5 feet 5 feet Rear yard 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet OTHER STANDARDS Building height (maximum) 65 feet 40 feet 40 feet 40 feet 40 feet 40 feet 40 feet 3.7.5: Building Height Building coverage (maximum) 15 percent 30 percent 40 percent 50 percent 50 percent 60 percent 65 percent 3.7.6: Building Coverage Single-family detached dwelling, townhome, or duplex If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures. April 2019 MIXED-USE ZONING DISTRICTS MN – MIXED-USE NEIGHBORHOOD The MN district is provided to support compatibility between higher-intensity mixed-use areas and adjacent residential and commercial areas. This district contributes to a vibrant environment for pedestrians and bicycles and includes varying densities of residential, neighborhood-serving retail, restaurants, commercial, and office uses that are sensitive to the surrounding built and natural context in scale and form. MD – MIXED-USE DOWNTOWN CORE The MD district is provided to allow for a variety of uses contributing to the economic viability of Downtown Denton. This district allows for moderate- and high-density residential, commercial, office, entertainment, and other uses tailored to encourage a greater level of activity while protecting the scale and strengthening the character of Downtown and Denton’s historic core. This district contributes to a vibrant environment for pedestrians, bicycles, and other modes of travel. MR – MIXED-USE REGIONAL The MR district is intended to provide a walkable urban center to augment the regional draw and image of Denton. Development may include national retailers, employment, restaurants, entertainment venues, and housing at the highest levels of scale and density within the City. This district ensures that development will complement and embrace existing viable uses, and raise the standard of design to increase regional draw, accommodate greater connectivity and mobility options, and create a sense of place. The MR district shall be established in areas with the greatest regional access and is sensitive to the adjacent built and natural context. Mixed-Use Zoning Districts Dimensional Standards Dimensional Standards MN MD MR Additional Standards LOT DIMENSIONS (MINIMUM) 3.7.2A Minimum Lot Dimensions Lot area 2,500 sq ft None None Lot width 20 feet None None Lot depth 50 feet None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 10 feet None None Side yard None [1] None [1] None [1] Rear yard None [1] None [1] None [1] OTHER STANDARDS361 Building height (maximum) 65 feet [1] [2] 100 feet [1] [3] 100 feet [1] [4] 3.7.5: Building Height Building coverage (maximum) 80 percent 100 percent 90 percent 3.7.6: Building Coverage Single-family detached dwelling, townhome, or duplex If approved prior to October 1, 2019, see Section 1.5.2I: Applicability of this Code to Existing Residential Uses and Structures Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas 2. Buildings between 41 and 65 feet shall require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP), and a viewshed study, if such study clearly demonstrates that any views of the Historic Courthouse are not blocked by the new structure(s) additional height. 4. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). April 2019 CORRIDOR ZONING DISTRICTS SC – SUBURBAN CORRIDOR The SC district is intended to provide moderate- to high-intensity commercial, office, and retail uses along high-traffic corridors. The SC district provides elevated building and landscape design, buildings oriented to the street, and appropriate buffering from adjacent neighborhoods. While the SC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. HC – HIGHWAY CORRIDOR The HC district is intended to provide high-intensity commercial uses along the City’s busiest and most visible thorough- fares. The HC district applies to areas along highly visible commercial corridors in the City where elevated design and aesthetic qualities are desired. While the HC district is primarily auto-oriented, it provides a safe environment for pedestrians and cyclists. Corridor Zoning Districts Dimensional Standards Dimensional Standards SC HC Additional Standards LOT DIMENSIONS (MINIMUM) 3.7.2A Minimum Lot Dimensions Lot area 10,000 sq ft 10,000 sq ft Lot width None None Lot depth None None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard 20 feet 20 feet Side yard 5 feet [1] 10 feet [1] Rear yard 10 feet [1] 15 feet [1] OTHER STANDARDS Building height (maximum) 55 feet [1] 100 feet [1] [2] 3.7.5: Building Height Building coverage (maximum) 80 percent 80 percent 3.7.6: Building Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) April 2019 OTHER NONRESIDENTIAL ZONING DISTRICTS GO – GENERAL OFFICE The GO district is intended to provide locations for a variety of workplaces and complementary uses. Primary uses include office and research and development and related supporting uses. The GO district provides area for flexible office space to encourage the establishment of research and development enterprises, start-ups, and opportunities for business innovation. This district applies to areas throughout the City that are in close proximity to commercial use areas and employment hubs. LI – LIGHT INDUSTRIAL The LI district is intended to provide locations for a variety of light industrial and employment uses such as light manufacturing, assembly, fabrication, warehousing and distributing, indoor and outdoor storage, and a wide range of supporting commercial uses and activities. The LI district provides a variety of transportation options for access including transit, bicycle, and pedestrian facilities. The LI provides appropriate transitions to surrounding uses and lower-intensity districts, and is sensitive to the adjacent built and natural context. HI – HEAVY INDUSTRIAL The HI district is intended to provide locations suitable for development and operation of indoor and outdoor industrial, distribution, and manufacturing uses. The HI district applies to areas primarily west of Highway I-35 W near the Denton Enterprise Airport that supports the most intense industrial uses and may require access to major rail, truck, or aircraft shipping facilities. The HI district applies to areas that can accommodate the intensity of uses while also being sensitive to the adjacent built and natural context. PF – PUBLIC FACILITIES The PF district is intended to provide adequate lands for public and quasi-public community uses and services, including but not limited to fire stations, schools, libraries, community centers, hospitals, civic buildings, open space, parks, utilities, and other public-related facilities. Other Nonresidential Zoning Districts Dimensional Standards Dimensional Standards GO LI HI PF Additional Standards LOT DIMENSIONS (MINIMUM) 3.7.2A Minimum Lot Dimensions Lot area 2,500 sq ft 5,000 sq ft 20,000 sq ft None Lot width 50 feet 50 feet 100 feet None Lot depth 50 feet 50 feet 200 feet None SETBACKS (MINIMUM) 3.7.3: Setbacks Front yard None 10 feet 10 feet None Side yard None [1] 5 feet [1] 20 feet [3] 5 feet [1] Rear yard 10 feet [1] None [1] 20 feet [3] 10 feet [1] OTHER STANDARDS Building height (maximum) 100 feet [1] [2] 75 feet [1] 75 feet 100 feet [1] 3.7.5: Building Height Building coverage (maximum) 80 percent 85 percent 85 percent 90 percent 3.7.6: Building Coverage Notes: 1. Buildings adjacent to a Residential zoning district shall comply with the standards in Subsection 7.10.6: Building Height in Transition Areas. 2. Additional height may be allowed with a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP). 3. When adjacent to a zoning district in the Residential category pursuant to Table 3.1-A: Zoning District Designations, the minimum setback shall be 200 feet. April 2019