2009-117sAourdocuments\ordinances\09\dca09-0002.doc
ORDINANCE NO. 2jV
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON DEVELOPMENT
CODE AND TEE DEVELOPMENT STANDARDS FOR TTY RAY70R RANCH OVERLAY DISTRICT BY
ADDING A NEW SUBSECTION 35.7.13.9.C., RELATING TO ADMINISTRATIVE APPROVAL OF
MINOR SITE DESIGN AMENDMENTS; PROVIDING FOR SEVFRABIL1IY, PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the property defined by the Rayzor Ranch Overlay District,
legally described in Exhibit "A" to Ordinance 2007-110, and incorporated herein by reference
(the "Property") supports the amendment described herein to the Rayzor Ranch Overlay
District; and
WHQtEAS, Sections 35.7.1, 35.7.2, and 35.7.3 of the Denton Development Code
authorize the City Council to approve overlay districts to protect and enhance certain specific
lands and structures which, by virtue of their type or location, have characteristics which are
distinct from lands and structures outside such special districts and contain such reasonable
and necessary requirements to insure the protection and enhancement of said land and
structures. Further, the overlay districts are authorized to establish specific design standards
and development regulations to effectuate the purpose of the district; and
WHEREAS, on April 22, 2009, the Planning and Zoning Commission, conducted a public
hearing, and having found that all prerequisite requirements had been satisfied, recommended
approval of the requested code amendments; and
WHEREAS, on May 5, 2009, the City Council held a public hearing as required by law and
approved the modified Rayzor Ranch Overlay District, as amended herein; and
WHEREAS, the City Council finds that the modified Rayzor Ranch Overlay District serves
a public purpose; and
WHET-AS, the City Council makes the following findings:
A. The changes are consistent with the Comprehensive Plan; and
B. The Rayzor Ranch Overlay District will protect and enhance the Property, which
is distinct from the lands and structures outside of the Rayzor Ranch Overlay
District, including the immediate neighborhood. 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.
SECTION 2. Section 35.7.13.9. of the Denton Code, dealing with site design standards
in the Rayzor Ranch Overlay District, is hereby amended by adding a new subsection
35.7.13.9.C., to read as set forth in Exhibit A to this ordinance, attached and incorporated by
reference herein; all provisions not specifically added herein shall remain as written.
SECTION 3. If any provisions of any section of this ordinance shall be held to be void
or unconstitutional, such holding shall in no way affect the validity or the remaining provisions
or sections of this ordinance, which shall remain in full force and effect.
SECTION 4. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 5. 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, the official newspaper of the City of
Denton, Texas within ten (10) days of the date of its passage.
PASSED AND APPROVED this the day of 2009.
A BURROU , MAYOR
ATTEST:
JENNIFER WALTERS, CHY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITABURCJESS, CIIYATTORNEY
Exhibit A
Section 35.7.13.9. of the Denton Code, dealing with site design standards in the Rayzor
Ranch Overlay District, is hereby amended to add a new subsection 35.7.13.9.C., to read as
follows:
C. Minor Site Design Amendments. Upon recommendation of City staff, the City
Manager may approve minor aesthetic deviations to architectural elevations and
other approved site design standards and details associated with the
Marketplace Subarea within the Rayzor Ranch Overlay District, if necessary to
protect the viability of the district as a whole.
1. Such minor aesthetic deviations shall, however, be constrained to those
which:
a. as mitigated in 35.7.13.9.C.2.b, below, promote and enhance the
purpose of the district, as set forth in §35.7.13.1;
b. as mitigated in 35.7.13.9.C.2.b, below, promote and enhance the
unique attributes of the district, as required in §§35.7.1, 35.7.2,
and 35.7.3 of the Denton Development Code; and
c. deviate from approved site design standards and guidelines for
the district, to the minimum extent necessary to accommodate
the demands of a specific commercial use whose presence is
deemed important to the success of the development as a whole.
2. The following considerations should guide the approval of a minor site
design amendment:
a. The deviation is necessary to accommodate standard floor plans,
site designs, or architectural requirements demanded by a specific
commercial use whose presence is deemed important to the
success of the development as a whole.
b. Such deviations may not promote a design aesthetic that is
fundamentally inconsistent (i.e., may not clash) with the overall
site design aesthetic, or unique attributes of the district. Colors,
textures and materials shall at least be harmonious with those
approved in the design standards for the district, and architectural
styles may not be fundamentally inconsistent with the standards
(e.g., no Greek Revival, Georgian, Roman columns, futuristic, or
mid-century modern designs), except as otherwise allowed by the
limited criteria for national trade dress in Exhibit H.
C. Such aesthetic deviations should be mitigated or offset with
complementary public space enhancements (e.g., hardscape
details, sculpture, open areas, designed to promote and enhance
the theme of the district) to the extent necessary to ensure that
the purposes and unique attributes of the district are equaled or
enhanced overall, despite the minor aesthetic deviation in the
architectural elevation, or other site design attribute.
3. No amendment may change any use restriction or mandatory standard of
this district, except to the limited degree authorized by this 35.7.13.9.C.
subsection.
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