PD21-0002dPD21-0002d
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A REQUEST TO
REZONE APPROXIMATELY 32.11 ACRES FROM MIXED USE REGIONAL (MR)
DISTRICT TO A PLANNED DEVELOPMENT (PD) DISTRICT. THE SITE IS GENERALLY
LOCATED SOUTH OF NORTH LOOP 288, SOUTHWEST OF HWY 77 (NORTH ELM
STREET), AND WEST OF NORTH BONNIE BRAE STREET, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL
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. (PD21-0002d; Christopher Todd Communities)
WHEREAS, Matt Lucas of Kimley-Horn, applied on behalf of the property owner, MM
Denton 32 LLC, for a zoning change from Mixed Use Regional (MR) District to Planned
Development (PD) District on approximately 32.11 acres of land, legally described and depicted
in Exhibit "A" (hereinafter, the "Property"); and
WHEREAS, on September 8, 2021, 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 [7-01 of the amendment; and
WHEREAS, on September 21, 2021, 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 for a zoning change to Planned Development (PD) District set forth in
Section 2.7.3 of the Denton Development Code, and is consistent with the Denton Plan 2030 and
the Denton Development Code; and
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 2. The zoning district and use classification for the Property is hereby changed
from Mixed Use Regional (MR) District to Planned Development (PD) District. The Development
Standards for the Property are described in Exhibit "B" attached hereto and incorporated herein by
reference, and the PD Development Plans depicting the proposed development layout for the
Property is provided in Exhibits "C" through "E" attached hereto and incorporated herein by
reference. Development of the Property shall be in accordance with the Development Standards
in Exhibit `B" and the Development Plans in Exhibits "C" through "E".
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. 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 daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
The motion to approve this ordinance was made by tW 6'�a'H) and
seconded by �o ti the ordinance was passed and approved by
the following vote [ jk�.,- (�1:
PASSED AND APPROVED this the 21 day of e,�}-e�n�jje_C , 2021.
GERARD HUDSPETH, MAYOR
Page 2 of 3
Ave NNa r Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:
Brian Beck, District 2:
Jesse Davis, District 3:
Alison Maguire, District 4:
✓
Deb Armintor, At Large Place 5:
✓
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 21 day of e,�}-e�n�jje_C , 2021.
GERARD HUDSPETH, MAYOR
Page 2 of 3
Hilary Negron
2021.09.10
BY: 10.41 Q1 -05'00'
Page 3of3
ATTEST:......
ROSA RIOS CITY SECRETARY
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BY
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APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, CITY ATTORNEY
Hilary Negron
2021.09.10
BY: 10.41 Q1 -05'00'
Page 3of3
LEGAL DESCRIPTION
BEING a tract of land situated in the N. Wade Survey, Abstract No. 1407, City of Denton, Denton
County, Texas and being all of a called 9.077 acre tract of land described in Warranty Deed to
MM KR Commercial, LLC recorded in Document No. 2018-98093 of the Official Records of
Denton County, Texas and being all of a called 23.538 acres tract described in Warranty Deed to
MM Elm and SH 288, LLC recorded in Document No. 2018-137707 of said Official Records and
being more particularly described as follows:
BEGINNING at an aluminum TxDOT disk found in the southwest right-of-way line of U.S. Highway
No. 771N. Elm Street (a variable width right-of-way) for the southwest comer of according to the
plat recorded in tract of land described as Parcel 9 Part 2 in Deed to the State of Texas recorded
in Volume 4736, Page 1707 of the Deed Records of Denton County, Texas and being the
southeast corner of said 9.077 acre tract;
THENCE departing said southwest right-of-way line and with the north line of a called 77.6847
acre tract described in Warranty Deed to MM Westgate, LLC recorded in Document No. 2018-
55905 of said Official Records, North 89°59'56" West, a distance of 2074.35 feet to a 112" iron
rod with "PJB" cap found for the southwest corner of said 23.538 acre tract;
THENCE departing said north line and with the west line of said 23.538 acre tract, North 034'08"
East, a distance of 638.22 feet to a point in the south right-of-way line of State Highway Loop 288
(S. H. Loop 288 - a variable width right-of-way) for the southwest corner of a tract of land described
as Parcel 33 in Lis Pendens recorded in Document No. 2020-142863 of said Official Records and
being at the beginning of a non -tangent curve to the left having a central angle of 2°35'10", a
radius of 5695.00 feet, a chord bearing and distance of North 69°13'38" East, 257.04 feet;
THENCE with said south right-of-way line, the following courses and distances:
In a northeasterly direction, with said curve to the left, an arc distance of 257.06 feet to a
point for corner;
North 67054'27" East, a distance of 317.64 feet to an aluminum TxDOT disk found for
corner;
North 71 °04'38" East, a distance of 74.12 feet to a point for corner;
South 82°34'58" East, a distance of 332.09 feet to a point for corner;
North 35°07'54" East, a distance of 90.17 feet to a "X" cut in concrete found for corner at
the intersection of said south right-of-way line with said southwest right-of-way fine;
THENCE with said southwest right-of-way line, the following courses and distances:
South 58°50'00" East, a�lstance of 323.45 feet to an aluminum TxDOT disk found for the
northeast corner of said 23.538 acre tract and the northwest corner of said 9.077 acre
tract;
South 58°44'50" East, a distance of 26.96 feet to an aluminum TxDOT disk found for
comer;
South 70°21'32" East, a distance of 99.37 feet to a point for corner;
South 58°44'50" East, a distance of 566.24 feet to a 112" iron rod found for corner;
South 45°02'35" East, a distance of 76.38 feet to a 518" iron rod with "PJB" cap found for
corner;
South 25°08'35" East, a distance of 349.48 feet to an aluminum TxDOT disk found for
corner;
South 4°42'34" East, a distance of 24.96 feet to the POINT OF BEGINNING and
containing 32.2177 acres or 1,403,404 square feet of land.
Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202),
North American Datum of 1983.
J. Andy Dobbs
Registered Professional Land Surveyor No. 6169
Kimley-Horn and Associates, Inc.
13455 Noel Road, Two Galleria
Office Tower, Suite 700
Dallas, Texas 75240
Ph. 972-770-1300
andy.dobbs@kimley-horn.com
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EXHIBIT B
Development standards for
PD21-0002
CHRISTOPHER TODD COMMUNITIES at Elm
PD -MR, Horizontal Multifamily Living Use for 32.177 acres
City of Denton, Denton County, Texas
SECTION 1: Purpose
The regulations set forth in this section of the development standards are for the Planned Development
(PD) District for the above referenced tract which is comprised of 32.177 acres as described in Exhibit A
(the "Subject Property").
The purpose of this PD is to provide Development Standards for a new use under the Mixed -Use
Regional base zoning for the Subject Property. The proposed use is a new multifamily housing option,
Horizontal Multifamily Living, which will provide "luxury single-family, single -story rental homes in
gated, planned communities that are professionally managed. It's an inviting contrast to the "vertical"
apartment communities that stand two- or more -stories tall and is a fresh concept that makes sense for
the way people want to live today" (https://www.christophertoddproperties.com/).
SECTION 2: Development Standards for Horizontal Multifamily Living (HML) use, PD -MR District
The Subject Property is currently zoned Mixed -Use Regional (MR). MR shall remain the base zoning. All
allowed uses of the MR zoning as defined in Subchapter 5 of the DDC shall remain. Horizontal
Multifamily Living ("HML") is a new use defined herein which shall be an allowed use within the MR
zoning limited to the Subject Property.
The regulations for the MR (Mixed -Use Regional) district and all other provisions of the Denton
Development Code (DDC), 2019 edition, effective date 11/20/2020, shall apply, except as modified
herein. Where modifications are not expressly authorized, all requirements of the Denton Development
Code, as amended, must be met.
For the HML use, the Multifamily -use standards as applicable for the MR zoning district of the DDC shall
apply except per the deviations listed herein below. The deviations are listed on a section -by -section
basis consistent with the section numbers of the DDC.
7.7.5 Landscape and tree canopy requirements
7.7.5F Landscape plan and point system
The following are additions to Table 7.E, Section C:
Backyards shall be minimum of ten feet in depth by the width of the
residential unit. In addition to providing community gathering spaces,
private, fenced, backyards are one of the primary benefits of the HML use,
Revised 9-16-2021
and as such, deeper backyards are incentivized with additional points
toward the minimum required 30 points, as follows:
■ Backyards greater than 10 feet to 15 feet in depth: For every 10
backyards meeting this depth requirement, an additional half point
(0.5)
■ Backyards greater than 15 feet in depth: For every 10 backyards
meeting this depth requirement, an additional 1 point
One medium canopy tree or one large ornamental tree in each residential
unit's private backyard shall equal five points toward the minimum required
30 points.
• All residential units being located within 300 feet of one of the following
spaces or amenities shall equal five points toward the minimum required 30
points.
■ clubhouse/amenity complex,
■ dog park
■ natural green space defined as area with natural grasses, trees,
and/flowers (northern area of the site located under the power
lines)
■ Liner Open Space defined as spaces with a minimum width of 30
feet and being contiguous with, or containing, Open Space as
defined by the DDC
■ Linear Green Space defined as space having minimum width of 15
feet, containing sidewalk and areas of sod or landscaping, and
enhancing pedestrian connectivity
■ Courtyards which shall be at least 300 square feet in size and
contain a combination of sod, landscaping, paving, and seating.
Each Small courtyard shall have a minimum one large -canopy tree.
Foundation plantings from DDC's approved plant list along the front of each
residential unit shall equal five points toward the minimum required 30
points.
7.7.6A Compatibility landscape buffer requirements
A. Minimum buffer required
Table 7.F— No buffer shall be required adjacent to agricultural, single family
detached, or duplex uses.
7.7.8 Walls, fencing, and screening
D. Fences on individual lots
Table 7.H —Allowed materials for all fences interior to the lot: wood; iron;
Masonry; Brick; Vinyl; PVC; Architectural metal panels; or composite material.
7.8.11 Pedestrian and bicycle circulation
D. On-site pedestrian walkways
Revised 9-16-2021
1. On-site pedestrian walkways required
a. Sidewalks shall be a minimum width of four feet.
7.9.4 Amount of Off -Street Parking Required
A. Applies, as written, for Multi -family Use with the following additional requirements:
1. One covered space required per residential unit, which counts towards the
minimum required off-street parking
2. Spaces in detached garage spaces shall count towards the minimum required
off-street parking
7.10.4 Multifamily site and building design
B. Site design and orientation
1. Primary building access —Ali residential units shall have a connection to off-
street parking via an interconnected concrete sidewalk
2. Multi -building developments — For developments with three or more
buildings, the building shall be arranged using one or more of the following
techniques:
a. Organize units with a minimum setback of 10' from each other with
landscaped (sod, ground cover, or other landscape material) corridors
between residential units;
b. Provide private open space for each unit in the form of a fenced yard;
c. Provide common gathering spaces spread throughout the community;
and/or
d. Other site improvements as approved by the Director that do not
conflict with this DDC.
3. Location of trash storage and mechanical equipment
a. Mechanical equipment shall be screened from public view
b. Trash enclosures may be spread throughout the development and
accessed from the fire Lane within parking areas and shall be screened
in accordance with the DDC.
4. Walking distance from off-street parking to residential units — Each residential
unit shall be within 250 feet of the closest parking space.
D. Architectural requirements
1. Limitation on same building design
Revised 9-16-2021
a. A minimum of three different building elevations per product type
(for example, the one -bedroom unit will have three different building
elevations and the two-bedroom unit will have three different building
elevations). A variety of compatible exterior materials' use and type,
building styles, massing, composition, and prominent architectural
features, such as door and window openings, porches, rooflines, shall
be used.
2. Entries
a. Not applicable to use
b. Units abutting public streets shall face the street and may have
fencing to separate public from private realm
E. Building mass and form — Not applicable to use
F. Accessory structure/garage
1. Garages, carports, storage units, and other accessory structures (but not
including leasing offices, club houses, or recreation centers) shall not be located
along the portion of the property that fronts the public street. Carports and
garages may front the internal private street (fire lane).
2. Not applicable to use
3. Garages, storage units, and other accessory structures visible from the public
right-of-way, private street system, and/or adjacent residential properties shall
include:
a. Not applicable to use
b. Multiple building materials (e.g., brick, fieldstone, limestone, marble,
granite, textured block, architectural pre -cast concrete, cementitious
siding, wood clapboard siding, wood beaded siding, or stucco);
c. Not applicable to use
d. Not applicable to use
4. Carports Shall contain spaces for 4 to 10 vehicles. Building materials may be
metal or a combination of building materials.
G. Building transparency/windows
1. Applies as written to leasing and club buildings only.
2. Applies as written to leasing and club buildings only.
3. Applies as written to leasing and club buildings only.
4. Applies as written to leasing and club buildings only.
Revised 9-16-2021
5. Exception for residential buildings:
a. Within the front fagade and back fagade, cumulative, windows and
doors shall comprise of at least 20 percent of the wall area. Within the
front fagade, windows and doors shall comprise at least 10 percent of
the wall area. The front fagade is the face of the building where the
main entrance to the building is located.
b. Windows shall be provided with trim or shall be recessed. Windows
shall be provided with an architectural surround at the jamb. Shutters,
trims, or false windows shall not count toward the minimum
requirement
H. Building materials
3. Cementitious board shall be classified as masonry.
SECTION 3: Justification for and/or need for alternative standards
Regulation Section
Justification/Need
7.7.51F Landscape plan
Provides for additional landscape enhancements within the current point to
and point system
allow four enhancements consistent with the use.
7.7.6A Compatibility
The use is compatible with single family, duplex, and agricultural uses
landscape buffer
therefore buffer is proposed to be eliminated adjacent to these zoning
requirements
classifications.
7.7.8 Walls, fencing,
The intent is to clarify allowed materials for fences interior to the proposed
and screening
use, which will be developed as one lot.
7.8.11 Pedestrian and
Minimum 4 -foot sidewalk width is necessary to allow for additional
bicycle circulation
permeable material within the 10 -foot wide corridors leading to/from the
residential units
7.9.4 Amount of Off-
Includes covered parking as a requirement for 1 space per unit and clarifies
Street Parking
that garage parking counts towards the required parking.
Required
7.10.4 Multifamily site
Proposed deviations are consistent with the needs, and design, of the
and building design
proposed use. Many of the requirements of this section, as written in the
DDC, appeared to be written for large multifamily or mixed use buildings,
which these are not.
Revised 9-16-2021
PD -MR
BASE ZONING: MR
LOT AREA: 32.11 ACRES
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ZONING: PLANNED DEVELOPMENT
LAND USE: AGRICULTURE
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lcovt Human Resources
DENTON 501 E. Hickory St. Suite A, Denton, TX 76204 • (940) 349-8340
MEMORANDUM
DATE: September 22, 2021
TO: All Employees
FROM: Tiffany Thomson, Director of Human Resources
SUBJECT: Compensation, Longevity, and Health Benefits Details for FY 21122
On September 21, 2021, the City Council adopted a budget that includes funding for a 3% Cost of
Living Adjustment (COLA) to base pay. The details of the compensation plan and benefits for FY
21122 are provided below.
Non -Civil Service Employees (excludiH2 some Electric emn to ees*
Cost of Living Adjustment (COLA) Details
o Performance reviews transitioned to being conducted once per year and were
completed on September 15, 2021.
o Employees who have been employed with the City of Denton by July 1, 2021, and are
still employed on October 2, 2021, will be eligible for the 3% COLA.
o Most non -civil service employees* will be eligible for the 3% COLA. The base rate of
pay for employees will be adjusted for FY 21122.
o The COLA increase to base pay cannot result in an employee making more than the
maximum rate for their position. In cases where an employee's rate is close to the
maximum, the employee will receive a base pay increase to the maximum rate, and any
remaining increase will be awarded as a lump sum. For example, if an employee is 1%
from the maximum rate, they will receive a 1% increase to their base pay and a 2%
lump sum.
o The COLA will be reflected on the October 22, 2021 paycheck.
OUR CORE VALUES
Integrity • Fiscal Responsibility • Inclusion • Transparency • Outstanding Customer Service
ADAIEOE/ADEA www.cityofdcnton.com TDD (800) 735-2989
*Denton Municipal Electric (DME) Employees on the Craft Pay Plan
The DME craft pay plan is a step plan that is adjusted periodically based on American Public
Power Association (APPA) salary results for a journeyman position. Employees move through the
plan based on success in a Department of Labor approved apprenticeship program until they reach
the journeyman Ievel. As a result, the COLA is not granted to employees in the craft pay plan. Any
questions should be addressed to Tony Puente, General Manager of DME.
Civil Service Employees
Effective March 19, 2022, all Police and Fire Civil Service employees on the Police and Fire pay
plans will receive increases equal to the market average plus 5% as defined in the meet and confer
agreements. This will result in various increases by rank and step:
Civil Service employees will continue to receive scheduled step increases.
Seasonal Employees
The seasonal pay plan will remain the same. Temporary and Seasonal employees are eligible for
the COLA in FY 21122 as long as they were employed by July 1, 2021 and are still employed on
October 2, 2021.
Longevity Checks
Longevity checks will be deposited on Wednesday, November 24, 2021.
Employee Benefits
All plan provisions and carriers will remain the same for dental, vision, life, disability, and flexible
spending accounts.
The following health plan changes are effective January 1, 2022:
There are no changes to the medical plan for employee rates
or the City contributions.
2
Gold Plan
2021 Benefits
• Medical Deductible: $750 Individual / $1,500 Family
• Out -of -Pocket Maximum (OOPM): $3,000 Individual / $6,000 Family
2022 Benefits
• Increase to Medical Deductible: $1,000 Individual/$2,000 Family
• Increase to Out -of -Pocket Maximum (OOPM): $3,500 Individual/$7,000 Fancily
• Changes to major diagnostic and outpatient surgery/procedures cost-sharing (copay
and/or coinsurance) will be communicated when finalized
Silver Plan
2021 Benefits
• Medical Deductible: $1,500 Individual/$3,000 Family
• Out -of -Pocket Maximum (OOPM): $6,000 Individual/$12,000 Family
2022 Benefits
• Increase to Medical Deductible: $1,750 Individual/$ 3,500 Family
• Increase to Out -of -Pocket Maximum (OOPM): $6,500 Individual/$13,000 Family
• Changes to major diagnostic and outpatient surgery/procedures cost-sharing (copay
and/or coinsurance) will be communicated when finalized
Dental rate changes are as follows:
2021 Rates
High Plan
Low PIan
Tier
Monthly
Rate
Tier
Monthly
Rate
Employee Only
$51.64
Employee
Only
$22.46
Em + Spouse
$98.68
Em
+ Spouse
$47.20
Em + Ch ren
100.60
Em
+ Ch ren
$58.78
Em + Famil
r$150.46
Em
+ FamiI
$83.46
2022 Rates
High Plan
Low Plan
Tier
Monthly
Rate
Tier
Monthly
Rate
Employee Only
$53.71
Employee
Only
$23.36
Em + Spouse
$102.63
Em
+ Spouse
$49.09
Em + Ch ren9$156,48
$104.61
Ern
+ Ch ren
$61.13
Em + Family
Em
+ Family$86.79
Vision rate changes are as follows:
2021 Rates
2022 Rates
Vision Plan
Tier
Monthly Rate
Employee Only
$5.60
Em + One
$8.96
Em + Family
$14.52
2022 Rates
There are no changes to the life and disability rates unless you cross an age band and/or there has
been an increase in your salary (as of January 1, 2022).
The City's Open Enrollment period will begin on October 11, 2021, and run through October 29,
2021, at 11:59 p.m. Additional information about the Open Enrollment meeting schedule and
processes will be communicated at a later date.
Questions
If you have any questions about the compensation increases for FY 21/22 that your supervisor
cannot answer, please call Rachel Staton at ext. 7754, Carri Byrd at ext. 8349, or send an email to
Compensationg..cityofdenton.com.
For questions about employee benefits, contact Linda Kile at ext. 8388, Shelley Walker at ext.
7838, Deby Skawinski at ext. 7810, or email Benefits Ldkityofdenton.com.
4
Vision Plan
Tier
Monthly Rate
Employee OnIX
$691
Em + One
$11.06
Em + Family
1 $17.93
There are no changes to the life and disability rates unless you cross an age band and/or there has
been an increase in your salary (as of January 1, 2022).
The City's Open Enrollment period will begin on October 11, 2021, and run through October 29,
2021, at 11:59 p.m. Additional information about the Open Enrollment meeting schedule and
processes will be communicated at a later date.
Questions
If you have any questions about the compensation increases for FY 21/22 that your supervisor
cannot answer, please call Rachel Staton at ext. 7754, Carri Byrd at ext. 8349, or send an email to
Compensationg..cityofdenton.com.
For questions about employee benefits, contact Linda Kile at ext. 8388, Shelley Walker at ext.
7838, Deby Skawinski at ext. 7810, or email Benefits Ldkityofdenton.com.
4