DCA22-0006aORDINANCENO. DCA22-OO06a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTONDEVELOPMENT CODE, SPECIFICALLY AMENDMENTS RELATED TO REZONING TO
A PLANNED DEVELOPMENT (PD) DISTRICT PROCEDURES; PROVIDING FOR APENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA22-OO06a)
WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of
Denton adopted the newly revised 2019 Denton Development Code, the (“DDC”); and
WHEREAS, the City desires to amend the DDC to provide a more comprehensive
procedure section for rezoning to a Planned Development (PD) District; and
WHEREAS, the amendments include the following:
1
2
3.
4
5
6
7.
Outlining two types of Planned Development (Standard and Overlay)
Clarifying what submittal documents are required for each type
Providing a more comprehensive list of submittal documents with an explanation for a
Standard Planned Development
Clarifying when concurrent reviews are allowed
Adding more information related to amending a Planned Development
Deleting the notification requirements for minor amendmentsIncluding clarification regarding the approval criteria for rezoning to a Planned
Development; and
WHEREAS, on September 14, 2022, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, gave the requisite notices by publication, held due hearings
and recommended approval [6-0] of the amendment to the Denton Development Code; and
WHEREAS, on October 18, 2022, the City Council likewise conducted a public hearing in
accordance with local and state law and the City Council hereby finds that the Code amendments
related to Rezoning to a Planned Development (PD) District Procedures are consistent with the
City’s comprehensive plan, and federal, state, and local law are in best interests of the City ofDenton; 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. Section 2.7.3 Rezone to a Planned Development (PD) District of the DDC
is amended as set forth in “Exhibit A“ which is attached and fully incorporated herein byreference
SECTION 3. 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
Page 1 of 4
fine in sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinanceis violated, shall constitute a separate and distinct offense.
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 theprovisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Development Code of Ordinances, as
amended, in effect when the offense was committed, and the former law is continued in effect for
this purpose.
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 thedate of its passage.
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Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4 :
Brandon Chase McGee,
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Chris Watts, At Large Place 6:b//
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APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
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Exhibit A
Amend Section 2.7.3 Rezone to a Planned Development (PD) District to read as follows:
2.7.3
A.
Rezone to a Planned Development (PD) District
Purpose
The zoning classification of any parcel(s) may be changed to a Planned Development (PD)
pursuant to this section. The purpose of rezoning to a PD are to ensure compatibility betweendevelopment, to achieve greater flexibility than allowed by the strict application of this DDC,
and/or to encourage unique or innovative land use concepts, while providing greater benefit to
the city and ensuring efficient provision of services and utilities.
B. Applicability
The PD procedure shall not be used when a specific use permit, minor modification, or rezoning
to an existing base zoning district could achieve a similar result.
C. Typesof Planned Developments
A PD District may be created as an Overlay PD or as a Standard PD:
1.Overlay PD
An Overlay PD is a PD intended to address concerns of neighboring property owners
and to ensure the proposed rezoning and subsequent development are compatible
with surrounding neighborhoods or less intensive uses. An Overlay PD may be used to
restrict or expand the uses permitted within a base zoning district or to impose
additional use-specific standards than already listed within Subchapter 5 upon a
proposed use, or to modify setbacks, landscaping, screening, or buffering
requirements along the borders adjoining residential uses or less intensive land uses
than what is proposed within the Overlay PD.
a
b. When, in the course of reviewing a request for a zoning map change to a base zoning
district under Section 2.7.2, the Director, Planning and Zoning Commission, or City
Council finds the need to impose conditions upon the requested rezoning to address
compatibility concerns, the Overlay PD district may be utilized to do so.
2.Standard PD
A Standard PD is intended to be used to achieve greater flexibility than is allowed by the
strict application of this DDC. A Standard PD may be used to permit new or unique land
uses or combinations of uses or to propose innovative or creative development standards.
A standard PD shall be built off of a base zoning district within this DDC.
D.Rezoning to PD Procedure
Figure 2.7-3 identifies the applicable steps from the common review procedures in Section 2.4
that apply to the review of rezoning to PDs. Additions or modifications to the common review
procedures are noted below.
Figure 2.7-3: Summary of Rezoning to PD Procedure
Pre-ApplicationActivIties ApplicationSubmittal and
Staff Reviewand Action
Scheduling andNotice of Public
Meetings/
Hearings
Review andDecision
Post-DecisionActions andLimitations
Pre-applicationconference
recommended;Citizen
Participationrecommended
Submit to
Director Review by Staff P&Z and CityCouncil hearingsrequired
P&Z review; CityCouncil review and
decision
Director to amend
the Official ZoningMap of City
1.Step 1: Pre-Application Activities
a.Pre-Application Conference
A pre-application conference is recommended to be held in accordance with
Subsection 2.4.3. In addition, the applicant shall include a concept/schematic plan for
review by the Director to help determine whether or not a proposed PD is the
appropriate procedure for the applicant and the city. The concept/schematic plan shall
include at a minimum the following:
Proposed uses;
ii. Number and type of dwelling or commercial units (as applicable);
iii. Floor area of all buildings;
iv. Floor area of each use for mixed-use buildings (if applicable);
v, Proposed parking capacity and configuration;
vi. General site planning layout and phasing; and
vii. Summary of proposed deviations from DDC standards and a description of
compensating public benefits achieved through the PD process.
b Citizen Participation
Citizen Participation is recommended in accordance with Subsection 2.4.3B: Citizen
Participation.
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28 Step 2: Application Submittal and Processing
a.Generally
i. The PD application shall be submitted and accepted, and may be revised or
withdrawn, in accordance with Subsection 2.4.4.
ii.An Overlay PD application shall contain the list of conditions/restrictions
proposed to ensure compatibility between the proposed development and
neighboring properties. An Overlay PD application shall also contain any other
information or data determined by the Director to be pertinent to the proposed
Overlay PD.
111.An application for rezoning to a Standard PD shall include submittal
requirements as specified in the Development Handbook, which shall include the
items specified in PD Requirements below.
b.Standard PD Requirements
The following items shall be incorporated as part of the authorizing ordinance fora Standard PD District.
i.PD Regulations Document
a.Document Form. The PD Regulations Document shall be a written proposal
explaining all aspects of the requested PD. This document establishes the
development regulations for a planned development and specificallyidentifies where there are deviations from the DDC.
b.Purpose and Intent. The Regulations Document shall contain a clear
statement of both the purpose and intent of the PD District being
established.
C.Public Benefit. When an applicant is proposing deviations from the zoning
provisions of this DDC to establish a PD District, the applicant’s written
proposal shall also describe how the PD District will generally provide public
benefits greater than would be required if the project were not being
developed as a PD District.
d.Compliance with the DDC. Unless specifically modified by the PD
Regulations Document, development within the PD shall comply with all
standards in the DDC, at the time of development.
e.Specification of Deviations. Where the applicant is proposing deviations
from the zoning and development regulations of this DDC, the applicant
shall specify both the existing regulations and the wording of each
corresponding substitution, as proposed. The proposed PD district shall
represent a quality development when weighed overall against the
standards in the DDC. Deviations may be proposed from any section of this
DDC except those specifically prohibited below.
ii.PD Development Plan
To facilitate understanding of the requested PD, a PD Development Plan shall be
provided to show the intended development in a graphic manner. Unless
otherwise determined by the Director, at a minimum the development plan shall
show the following:
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a.Location and types of uses shown within defined areas or development
unIts;
b.Access and circulation, including proposed streets, alleys, and driveways;
C.Preliminary lot arrangements;
Size, type, and locations of buildings other than single-family dwellings;
e. Density, height, and coverage of buildings;
[ Landscaped areas, including screening and buffering areas;
g. Parking areas and ratios applied for each use;
h. Preliminary building elevations (may be excluded for single-family uses at
the discretion of the Director);
d
Proposed boundaries and sequencing of project phases; and
Any other information or data determined by the Director to be pertinentJ
to the development.
111.PD Phasing
In instances where a Planned Development is intended to be developed in
multiple phases, the Director may authorize the phased approach to allow the PD
Development Plan to be submitted as each phase is developed. Modifications to
the PD Development Plan or initial approval of subsequent phases must follow
the PD amendment process.
iv.Prohibited Deviations from the DDC
Deviations from the following standards shall not be allowed in conjunction with
a PD zoning district:
a.Subchapter 6: Gas Wells.
b.Section 7.4: Environmentally Sensitive Areas.
C.Section7.7.4: Tree PreservatIon.
An applicant may seek relief or alternative approvals to gas well, environmentally
sensitive area, or tree preservation standards through processes outlined in those
respective sections listed above. In instances where such relief or alternative to
these standards would affect the design or layout reflected on a PD Development
Plan, such relief or alternative approval shall be sought and achieved prior to or
concurrently with the rezoning to PD District.
c. Concurrent Reviews
i. A comprehensive plan amendment application submitted under Subsection
2.7.1 may be reviewed concurrently with a PD application.
11.The Director, Planning and Zoning Commission, or City Council may require
review and approval of supporting analyses including, but not limited to, a
Traffic Impact Analysis, or Drainage Analysis, concurrent with the review of the
PD application.
3.Step 3: Staff Review and Action
The Director shall review the PD application and prepare a staff report and
recommendation in accordance with the approval criteria in Subsection 2.1.1 E below.
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4.Step 4: Scheduling and Notice of Public Meetings/Hearings
The PD application shall be scheduled for public hearings before the Planning and Zoning
Commission and City Council and noticed in accordance with Table 2.2-A Summary of
Development Review Procedures and Subsection 2.4.6.
5.Step 5: Review and Decision
a.Planning and Zoning Commission Review and Recommendation
The Planning and Zoning Commission shall review the PD application in accordance
with the approval criteria in Subsection 2.7.3E below and shall forward its
recommendation to the City Council.
b.City Council Review and Decision
The City Council may review and approve, approve with conditions, or deny the
PD application in accordance with the approval criteria in Subsection 2.7.3Ebelow.
If the Planning and Zoning Commission recommends denial of the PD
application, the rezoning shall become effective only by a three-fourths vote of
all members of the City Council.
iii.The City Council may also remand the PD application back to the Director or the
Planning and Zoning Commission for further consideration.
If the City Council remands the PD application back to the Director or Planning
and Zoning Commission, additional public hearings will be required before final
IV.
adoption.
C.Protest Procedure
i.
ii.
The rules governing amendment over protest are contained in TLGC, Chapter
211. The Director may prescribe forms for protest petitions.
Property owners within 200 feet of a proposed rezoning, as indicated on the
most recently approved city tax roll, may file a written protest against the
rezoning. If written protests are received by owners of 20 percent or more of the
area within 200 feet of the proposed rezoning, approval shall require three-
fourths vote of the City Council for a rezoning to become effective. In such case, a
supermajority vote shall not be required by the Planning and ZoningCommission.
6 Step 6: Post.Decision Actions and Limitations
a.Adoption of a Planned Development District
At the time a PD zoning document is approved by the City Council, it becomes an
integral part of this DDC for that PD district established by the city on the property. All
future development within the adopted PD district shall thereafter be in conformity
with the PD zoning document for that property.
b Future Development
Upon adoption of the PD District, the applicant may proceed with the development of
the property in accordance with the PD Regulations Document and the PD
Development Plan by applying for preliminary and final plat(s) approval in accordance
with the approved phasing.
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C.Administration and Enforcement
1.While ownership of a project may subsequently be transferred (in whole or in
part), the PD District will continue to run with the land and be enforced for the
total acreage of the PD District. It is the responsibility of the owner to notify all
prospective purchasers of the existence of the PD District and the PD
Development Plan.
11.In the event that the applicant has failed to comply with the conditions adopted
by the City Council in conjunction with the approved PD Regulations Document
and PD Development Plan, the city may proceed in accordance with Section 1.6:
Enforcement.
d Amendments to a Planned Development
1.Generally
a. The applicant or its successors may request amendments to the PD
Regulations Document and/or PD Development Plan.
b.Amendments to the approved PD documents shall be delineated as major or
minor amendments, according to the criteria set forth in this subsection.
C.Amendments to the approved PD documents will not affect development
units not included in the proposed amendment.
d.Upon receipt of a PD amendment application, the Director shall determine if
the proposed amendment constitutes a major or minor amendment subject
to the criteria in subsections ii and iii below.
Any property that was in a PD prior to October 1, 2019 shall be designated as PD
on the "Official Zoning Map of City" and shall be governed by the zoning
regulations and development standards established by the PD ordinance,
specifically including those regulations and standards incorporated (or excepted)
from prior development codes or ordinances as they existed on the date of
approval for each PD approval ordinance and amendment. Unless a vested rights
petition approved pursuant to Subsection 2.5.6, all remaining zoning district
regulations and design standards not addressed by the PD ordinance shall be
governed by the development standards of this DDC, effective on October 1,
2019. Proposed changes to such properties shall follow the PD amendment
procedures provided in this subsection.
ii.Major Amendments
a.An amendment will be deemed major if it involves any one of the following:
1 A change in the overall PD district boundary;
2.A significant change to the approximate boundary of one or more
development unit(s) from that approved in the PD district, as
determined by the Director. A change to an individual development unit
generally shall be deemed to be significant if it represents a 10 percent
increase to the approximate gross area of the development unit as
approved in the PD district;
3 An increase of 10 percent or more of the approved number of projected
dwelling units or gross leasable area (GLA) for an individual
development unit;
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4.Any change in land use or density that is likely to negatively impact or
burden public facilities and utilities infrastructure as determined by the
Director;
5.Any change in land use or density that is likely to negatively impact or
burden mobility adjacent to the PD district or to the overall major street
system; or
6.Any other proposed change to the PD Regulations Document and PD
Development Plan, which substantively alters one or more components
of the PD district, including, but not limited to, the following:
arrangement or number of buildings, configuration of streets or lots,
placement of vehicular circulation or parking areas, or the location or
effectiveness of open space or landscaping buffering and screening
areas.
b.If the Director determines the amendment to be major, the amendment
request shall be processed under the Rezoning Procedure described inSubsection 2.7.2C.
111.Minor Amendments
Amendments not meeting one or more of the criteria listed above for majoramendments shall be considered minor. If the Director determines the
amendment to be minor, the Director may administratively act on the
amendment and attach stipulations or conditions of approval thereto, to protect
the public health, safety, and welfare.
E.Rezoning to PD District Approval Criteria
In reviewing a proposed rezoning to a PD District, the Planning and Zoning Commission and City
Council shall consider the general approval criteria in Subsection 2.4.5 and whether and to what
extent the proposed PD district:
a. Complies with the goals of the Comprehensive Plan;
Complies with the goals of relevant Area Plans;
C.Complies with this DDC, except where modifications are expressly authorized through the
PD Regulations Document and PD Development Plan;
Provides a greater level of building design quality, community amenities, and connectivity
than would be required if the project were not being developed in a PD district;
In the case of proposed residential development, that the development will promote
compatible buildings and uses and that it will be compatible with the character of the
surrounding area;
e.
In the case of proposed commercial, industrial, institutional, recreational and other non-
residential uses or mixed-uses, that such development will be appropriate in area, location,
and overall planning for the purpose intended; and
g.The provisions for public facilities such as schools, fire protection, law enforcement, water,
wastewater, streets, public services and parks are adequate to serve the anticipated
population within the PD district.
The conditions and/or restrictions imposed by the PD are necessary and sufficient to
address any significantly adverse impacts to surrounding properties or the neighborhood.
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