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PD20-0007cORDINANCE NO.PD20-OO07c AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A REQUEST TOREZONE APPROXIMATELY 15.9 ACRES FROM RESIDENTIAL 7 (M) DISTRICT TO APLANNED DEVELOPMENT (PD) DISTRICT; THE SITE IS GENERALLY LOCATEDSOUTH OF E MCKINNEY STREET, APPROXIMATELY 990 FEET EAST OF MAYHILLROAD, IN THE CITY OF DENTON, DENTON COUNTY; ADOPTING AN AMENDMENTTO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THEMAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PD20-0007c, Love First Community Village) WHEREAS, Aimee Bissett of 97 Land Company, LLC, applied on behalf of the property owner, Grace Like Rain, Inc., for a zoning change on approximately 15.9 acres from Residential 7 (R7) District a Planned Development (PD) District, legally described and depicted in Exhibit “A“ (hereinafter, the “Property”); and WHEREAS, on March 23, 2022, 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 7-0 of the amendment; and WHEREAS, on April 5, 2022, 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 Residential 7 (R7) 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 theProperty is provided in Exhibit “C” 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 Exhibit “C”. 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 orcircumstance 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. andrFCAIIson AAa the ordinance was passed and approved by The motion to aoDrove this ordinance was made by seconded by the following vote n - Z] : Aye \/ V/ Nay 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 :J7Paul Meltzer, At Large Place 6: PASSED AND APPROVED thi, th, Sb d,y ,f A pa \_, 2022. mRRFBT=mEnMIvaR Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY L\\\\II II IIII/DOF APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Hilary Negron 2022.03.29 1 1 :12:47 -05'OO' Page 3 of 3 Exhibit A Legal Description BEING a 15.90 acre tract of land situated in the Moreau Forrest Survey, Abstract Number 417 in the City of Denton, Denton County, Texas and being the remainder portion of acalled 15.675 acre tract described in the deed to Grace Like Rain, Inc., recorded in Document Number 2019-38258 of the Official Records of Denton County and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2” iron rod found at the Northeast corner of a tract of land described as Parcel 30 in the deed to the City of Denton, recorded in Document Number 2020- 51577 of the Official Records of Denton County, Texas; THENCE S 02'23'06" W, with the East line of said Parcel 30, a distance of 1 0.33 feet to a 1/2” iron rod with cap stamped “EAGLE SURVEYING” set at the Southeast corner ofsaid Parcel 30 and the common Northwest corner of a called 6.86 acre tract of land described in the deed to Benjamin Canales and spouse Dilcia Canales and Osualdo L.Canales, recorded in Document Number 2021-66542 of the Official Records of Denton County, Texas and in the South right-of-way line of E. McKinney Street a variable width right-of-way and being the POINT OF BEGINNING; THENCE S 02'23'06" W, with the East line of said Grace Like Rain tract and the common West line of said 6.86 acre tract, a distance of 913.33 feet to a 1/2” iron rod with cap stamped “H&N 1849” found at the Southeast corner of said Grace Like Rain tract and at an angle point in the North line of a tract of land described in the deed to the City ofDenton, recorded in Document Number 97-R0019639 of the Official Records of Denton County, Texas; THENCE with the South line of said Grace Like Rain tract and the common North line of said City of Denton tract the following courses and distances; N 88'33'41" W, a distance of 1 02.68 feet to a 1/2” iron rod with cap stamped “H&N 1849” found; N 10'05'43'’ W, a distance of 44.40 feet to a 1/2” iron rod with cap stamped “H&N 1849” found; N 72'27'24" W, a distance of 28.64 feet to a 1/2” iron rod with cap stamped “H&N 1849” found; S 28'32'42" W, a distance of 86.13 feet to a 1/2” iron rod with cap stamped “H&N 1849” found; S 04'42'22" W, a distance of 99.28 feet to a 1/2” iron rod with cap stamped “H&N 1849” found ; S 09'39'48" E, a distance of 72.12 feet to a 1/2” iron rod with cap stamped “H&N 1849” found : S 15'46'39" W, a distance of 1 99.94 feet to a 1/2” iron rod with cap stamped “H&N1849” found; S 75'42'13" W, a distance of 44.92 feet to a 1/2” iron rod with cap stamped “H&N 1849” found; N 51'31'13" W, a distance of 299.68 feet to a 1/2” iron rod with cap (illegible) found; N 69'43'18'’ W, a distance of 81 .78 feet to the Southwest corner of said Grace Like Rain tract and the common Southeast corner of a called 16.1059 acre tract of land described in deed to TX Legacy Denton, LP., recorded in Document Number 2021- 230818 of the Official Records of Denton County, Texas from which a 1/2” iron rod with cap stamped “H&N 1849” found at an angle point in the North line of said Cityof Denton tract bears N 69'43'18" W, a distance of 168.68 feet; THENCE N 02'34'28" E, with the West line of said Grace Like Rain tract and the common East line of said 16.1059 acre tract, a distance of 1283.53 feet to a 1/2” iron rod with cap stamped “ EAGLE SURVEYING” set in the South line of said Parcel 30 same being theSouth right-of-way line of said E. McKinney Street; THENCE with the South line of said Parcel 30 same being the South right-of-way line of said E. McKinney Street the following courses and distances; With a curve to the right having a radius of 11,399.16 feet, a delta angle of 00'05'49", a chord bearing of S 71'35'00" E, a chord length of 19.26 feet and anarc length of 1 9.26 feet to a 1/2” iron rod with cap stamped “EAGLE SURVEYING”set S 71'32'06" E, a distance of 432.96 feet to 1/2” iron rod with cap stamped “EAGLESURVEYING” set; S 70'51'57" E, a distance of 143.47 feet to the POINT OF BEGINNING and containing 15.90 acres of land more or less. Exhibit B (to Ordinance for PD20-0007c) PD Development Standards Exhibit B (to Ordinance for PD20-0007c) PD Development Standards Exhibit B - Love First Community Village - Planned Development District(PD20-0007) Section 1 . Purpose Statement The purpose of the proposed Planned Development (PD) is to facilitate a primarily residential development intended to create a sense of place and community for at-risk families who reside and receive support services onsite. The development will provide transitional housingand related services for clients, who may be residents residing at this development, or non- residents who are receiving services. The regulations set forth in these development standards are for the PD District whichconsists of approximately 1 5.9 acres described in Exhibit A (the "Subject Property"). Section 2. Definitions This PD amends the definition of Amenity Center as found within Subchapter 9 of the 2019 Denton Development Code (DDC), and introduces the new uses of Transitional Housing and Recreational Amenities; all for the purpose of this PD only. Amenity Center: A building or facility owned or operated by a non-profit organization for a place of meeting, social, cultural, educational, or recreational purposes, for use and participation by the organization and its members, affiliates, clients, and guests. Concessionsales and/or the limited sale of items donated for the benefit of the operating non-profit or products created by residents of this development may occur within the amenity center and shall not be construed as general retail. Transitional Housing: Temporary housing and supportive services for at-risk families who are experiencing financial burdens that have led to or may lead to homelessness. Transitional housing is defined as temporary housing for clients transitioning to permanent housing for a period no less than 30 days and no more than 24 months, or a longer perioddefined by program participation and support services team, and may be designed to look like single-family detached, duplex, and/or multifamily apartment dwelling units. This use isnot intended to serve as a homeless shelter or group home as defined in the DDC. Accessory uses include recreational amenities and amenity centers. Recreational Amenities: Any portion(s) of land that is designed for recreational purposes for the private use and enjoyment by residents of a transitional housing development. Such amenities include but are not limited to event lawns, sports courts, community gardens, playgrounds, open space, walking trails/paths, gazebos, plazas, and/or preservation ofnatural areas. Section 3. Development Standards This PD shall follow the development standards only as provided for in the Mixed-UseNeighborhood (MN) District of the DDC. Uses allowed within this PD District shall be limited to only those uses listed in Section 3.1 below. Otherwise, all requirements of the 2019 Edition of the Denton Development Code (DDC), as amended, shall apply except where modifiedherein PD20-0007 Love First Community VillagePD Standards Page 2 of 5 3.1. Permitted Uses The following principal uses shall be permitted in the PD: 1. Transitional Housing2. Daycare, child3. Administrative, Professional, and Government Offices The following accessory uses shall be permitted in the PD:1. Amenity Center2. Recreational amenities 3.3. Dimensional Standards Dimensional standards required for the MN Zoning District apply to this development, exceptas amended in this Section. a. Front Yard Setback – 60 feet (minimum)b. Building Height – 45 feet (maximum) c. Building Coverage – 50% (maximum) d. Gross Density of Residential – 3.5 dwelling units per acre (maximum) 3.4 Design Requirements 3.4.1. Landscape Standards All requirements of DDC Subchapter 7.7, Landscaping, Screening, Buffering, and Fences shalapply to this PD, except where amended by this Section. a.In addition to right-of-way screening requirements in Table 7.E Section A, additional screening and landscape elements along E McKinney Street shall be provided as follows, and in accordance with the Landscape Plan attached within Exhibit C of this PD: i. A 4-foot metal picket fence with 4.5-foot masonry columns every 30 feet; andii. A continuous bed of ornamental grasses spaced at 4’ maximum shall be planted at the base of each masonry column along the entire length of metal fence, Additional fences shall comply with the Multifamily and Commercial Uses in Table 7.Hof DDC Section 7.7.8 b. 3.4.2. Recreational Amenities a. A minimum of 30% of the total platted lot area shall be provided for recreational amenities as defined by this PD and in accordance with the Landscape Plan, LandscapeDetails, and Amenities Plan attached within Exhibit C. 3.4.3. Parking Standards All parking ratios listed in Table 7.9-1 and the requirements of DDC Subchapter 7.9, Parking andLoading shall apply to this PD, except where amended by this Section: a. Parking for Transitional Housing shall be provided at a ratio of 1 space per bedroom. PD20-0007 Love First Community VillagePD Standards Page 3 of 5 3.4.4. Site and Building Design The standards in this Section of the PD shall replace all provisions in DDC Subchapter 7.10, Site and Building Design. a. General Provisions i. Trash storage areas, mechanical equipment, loading areas, and similar areas shall not be visible from E. McKinney Street or adjacent properties. b. Single-Family Detached and Duplex Buildings. The residential dwelling units designed as single-family detached and duplex buildings within the Transitional Housing development shall comply with the standards in this PD, as outlined in this Section and in accordance with the Development Plan attached within Exhibit C. All buildings shall be located to the rear of the daycare and administrative office buildings.The primary entrances for each residential unit shall face a private drive or recreational amenity and shall have direct access to a pedestrian walkway thatleads to recreational amenities. No two adjacent buildings with the same primary building orientation may havethe same front building elevation design, and must incorporate at least three of the following design features within the front building elevation design for eachbuilding: 1) Sconces; 2) Gabled roofs;3) Recessed entries, a minimum of three feet in depth; 4) Covered front porches; 5) Shutters;6) Stoops; 7) Architectural pillars or posts: 8) Projection (Bay, bump-out, or bow) window with a minimum 24 inchesprojection; Changes in wall plane where at least 8-feet in width projects a minimum 24inches out from the primary wall plane; 10) Minimum 10% increase in the percentage of windows and doors (excludinggarage doors) compared to a similar building elevation; 11) Other architectural design features as approved by the Director Windows and doors shall comprise at least 1 5 percent of the wall area for building fagades fronting private drives and recreational areas, I Multifamily Buildings. The residential dwelling units designed as multifamily buildings within the Transitional Housing development shall comply with the standards in this PD, as outlined in this section and in accordance with the Development Plan attached withinExhibit C The primary entrances to each building shall face a recreational amenity andI shall have direct access to a pedestrian walkway that leads to recreationalamenItIes. Primary building entries shall be denoted through the use of distinctive architectural elements and materials, such as ornamental glazing or paving, over 11. 111. 9) IV. C. 11. PD20-0007 Love First Community VillagePD Standards Page 4 of 5 doors, stoops, porches, trellises, or planter boxes or other design elementsapproved by the Director. Buildings shall have no more than 50 continuous feet without a horizontal and vertical break of at least three feet. Such breaks may include recesses,projections, windows, roofs, alcoves, porticoes, awnings, and other architectural features to provide visual interest and relief. Fagades shall be broken up to give the appearance of a collection of smaller structures. Elements including but not limited to balconies, recessions, andprojections may be used to articulate individual units or collections of units, Stairwells shall not be a prominent feature of any building fagade and shall be shielded from view from private driveways to the maximum extent practicable.Windows and doors shall comprise at least 25 percent of the wall area for building fagades fronting private drives and recreational areas. Garages, carports, storage units, and other accessory structures (but notincluding leasing offices, club houses, or recreation centers) shall not be located along the portion of the building that fronts the public or private street. Nonresidential Buildings. Nonresidential buildings shall comply with the standards in this PD, as outlined in this section and in accordance with the Development Planattached within Exhibit C. Nonresidential buildings shall be setback no less than 60 feet from E. McKinney Street and shall be located between the street and residential components of the Transitional Housing development. Primary building entrances shall be oriented towards the primary access drive aisle which serves the development or interior of the site. Buildings shall have no more than 50 continuous feet without a horizontal and vertical break of at least three feet. Such breaks may include recesses, projections, windows, roofs, alcoves, porticoes, awnings, and other architecturalfeatures to provide visual interest and relief. I 111. IV. V. VI. VII. d. 11. 111. Section 4. Phasing Plan All proposed uses shall be developed on a single-lot, in accordance with this PD, and asdescribed below. 4.1.1 Development ReviewFinal approval of Civil Engineering Plans and a Final Plat for the proposed development described in this PD must be achieved within 2 years of approval of this PD. Each phase of development as described in this PD shall be constructed consecutively. Phase 1 is shall beconstructed, and a certificate of occupancy issued within twenty-four months of filing the final plat with Denton County, Texas. The Planning Director may consider granting a one-year extension in accordance with the following: a. b All requests for extensions shall be submitted in writing to the Director at least 30 calendar days prior to the expiration of approval. An extension request shall include: i. A narrative stating the reasons for the applicant's inability to comply with thespecified deadlines; and PD20-0007 Love First Community VillagePD Standards Page 5 of 5 11. 111. A narrative describing any changes in the character of the neighborhood, theComprehensive Plan, or this DDC that have occurred since approval of the permit/plan, and how any such changes affect the permit/plan; and The anticipated time schedule for completing the review project and/or thespecific project. c. Additional review of the permit/plan may result in additional conditions, as determined by the Planning Director. 4.1.2 The development may provide a trail connection and associated easement to connect to Pebblebrook Park on the south side of the development, and/or may dedicate park land to theCity of Denton without requiring a PD Amendment. Trail connection and/or park dedication shall be approved administratively by the Parks Director and Planning Director. 4.1.2. Revisions to the Phasing Plan attached within Exhibit C may be approved by the Planning Director under the Minor PD Amendment procedures in 2.7.3. of the Denton Development Code, provided that each phase meets minimum parking, landscaping, and design standards asoutlined in the PD Standards and applicable DDC sections. 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