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2019-186 R7 Zoning District Use RegulationsDate: November 8, 2019 Report No. 2019-186 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Use regulations in R7 District BACKGROUND: Late in the development of the 2019 Denton Development Code (DDC), a new district, R7, was introduced to provide a mixed-density district that permitted limited small-scale commercial uses. The intent was to bridge the gap between purely residential districts and mixed-use districts for targeted infill areas and in transitional contexts. The R7 District would allow development scale to increase, but in a manner harmonious with nearby neighborhoods. Permitted residential uses (with additional use-specific standards) include single-family detached dwellings, townhomes, duplexes, triplexes, and fourplexes. Commercial uses are more limited, with day cares permitted by right, and banks, offices, small retail, and laundries permitted only with a Specific Use Permit (SUP) and use-specific standards. Medical Offices such as pediatricians, dentists, and psychiatrists are not permitted. The Transition Table adopted with the approval of the 2019 DDC outlined which 2002 zoning districts would convert to R7 District, focusing on those districts which most closely aligned with the purpose of the R7 District. They included DR-1, NRMU-12, and MF-1 (MF-1 was a hold-over from the 1969 Development Code and only affected four properties). The transition was not a perfect match, but rather an approximation of the appropriate uses and development scale typically found in the areas previously zoned DR-1, NRMU-12, and MF-1 Districts. DISCUSSION: Under the 2002 DDC, DR-1 was primarily a moderate-density residential district, while NRMU- 12 permitted a variety of residential, commercial, and institutional uses. Permitted commercial uses in NRMU-12 District were generally limited to professional and medical offices under 10,000 square feet and neighborhood-serving retail under 5,000 square feet. The purpose was to allow for small-scale uses which support the day-to-day functioning of neighborhoods within walking distance from residential areas. Landscaping, buffers, and adequate parking were required in order to reduce potential impacts and increase compatibility. Original drafts of the 2019 DDC removed DR-1 and NRMU-12 in favor of a more inclusive MN District which permitted a large variety of higher density residential and commercial uses. However, as the 2019 DDC came together, it became apparent that the menu of zoning districts needed a bridge between residential districts and mixed-use districts to ensure compatibility. R7 District was a result. This late-inclusion of R7 has created some issues with implementation. Generally, the implementation for residential uses in R7 District has been straightforward; however, commercial uses, and in particular offices and medical offices, have encountered more complexity with the new use and development regulations. The SUP requirement for offices and the prohibition of Date: November 8, 2019 Report No. 2019-186 medical offices has created nonconformities for some property and business owners. While their businesses were permitted legally in NRMU-12, they now cannot expand their businesses or rebuild more modern facilities without complying with the nonconforming regulations outlined in Section 1.5 of the 2019 DDC. In order to address this issue, staff is revisiting the transition from the 2002 DDC to 2019 DDC to more closely align with the previous NRMU-12 regulations and determine which gaps and inconsistencies in the R7 District can be corrected. Immediate areas of concern include Administrative, Professional, and Government Office and Medical Office. These were uses permitted with a limitation on size in NRMU-12, but are now permitted with an SUP or prohibited in R7. The potential correction would include the following DDC text amendments: Table 5.2-A Section 5.3 Use-Specific Standards Use R7 District Administrative, Professional, and Government Office P+ Section 5.3.4H revise the following language: R3, R4, R6, and R7 Zoning Districts Administrative, professional, and government office uses shall not exceed 10,000 square feet per lot. Add the following language: R7 Zoning District Uses greater than 10,000 square feet or not located on an arterial roadway require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) Medical Office P+ Section 5.3.4H add the following language: R7 Zoning District Uses greater than 10,000 square feet or not located on an arterial roadway require a specific use permit pursuant to Subsection 2.5.2: Specific Use Permit (SUP) The major change is to permit small-scale Medical and Professional Offices in R7 along arterials, but larger buildings and those uses in areas interior to neighborhoods would still require an SUP. These proposed changes will assist with current non-conforming developments and would allow the limited development of low-impact uses in R7 District with targeted City Council oversight to ensure compatibility with surrounding neighborhoods. CONCLUSION: Staff will be bringing this proposal forward to City Council in the near future to discuss the R7 correction. STAFF CONTACT: Julie Wyatt Senior Planner Date: November 8, 2019 Report No. 2019-186 Development Services julie.wyatt@cityofdenton.com REQUESTOR: Staff Initiated PARTICIPATING DEPARTMENTS: Development Services STAFF TIME TO COMPLETE REPORT: Four Hours