2006-303SAOur Documents\Ordinances\06\DCA06-0005.doc
ORDINANCE NO. 2006 -303
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 35.7 AND 35.23 OF THE DENTON DEVELOPMENT CODE PERTAINING TO
MASTER PLANNED COMMUNITIES; PROVIDING FOR A PENALTY CLAUSE WITH THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE. (DCA06-0005)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting public hearings as required by law,
the Planning and Zoning Commission recommended approval of certain changes to Subchapter 35.7
and 35.23 of the Development Code, pertaining to master planned community districts; and
WHEREAS, after providing notice and after conducting a public hearing as required by law,
the City Council finds that the changes to the Development Code are consistent with the
Comprehensive Plan, and are in the public interest; 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 as true.
SECTION 2. Subchapter 35.7 and 35.23 of the Development Code are hereby amended in
part, as particularly described in Exhibit A, attached hereto and made part hereof by reference. All
other provisions of Subchapter 35.7 and 35.23 not specifically changed by this amendment shall
remain in full force and effect.
SECTION 3. 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 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or the application thereof to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining
portions despite any such invalidity.
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, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the Aay of 2006.
)97 fna~/
PERR McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
U
APPROVED AS TO LEGAL F
EDWIN M. SNYDER7-IC
PAGE2
Exhibit A
Subchapter T (35.7.13.)
Development Code
35.7.13 Master Planned Community (MPC) District
35.7.13.1 Purpose
The Master Planned Community (MPC) District is intended to accommodate large-
scale, unified, comprehensively planned development that conforms with and enhances
the goals and policies contained within the Denton Plan. This district is intended to
provide an alternative zoning district and development process to accommodate
substantial development for residential, commercial, professional, recreational,
industrial or other activities, including combinations of uses appropriately requiring
flexibility under controlled conditions, not otherwise attainable under conventional
zoning districts so that the following goals may be achieved:
A. To enhance the City's development and to promote the public health,
safety, and general welfare.
B. To provide within such areas a combination of land uses, which may
include a variety of residential types, commercial, industrial, public and semi-
public areas, arranged and designed in accordance with sound site planning
principles and development techniques; and in such a manner as to be properly
related to each other, the immediate surrounding area, the planned mobility
system, and other public facilities such as water and sewer systems, parks,
schools and utilities.
C. To encourage a more creative approach in the utilization of land in order
to accomplish an efficient, aesthetic, and desirable development which may be
characterized by special features of the geography, topography, size or shape of
a particular property and to accomplish a more economical and efficient use of
land.
D. To encourage the establishment of planning and development standards
and criteria tailored to the opportunities and constraints of the property while
allowing sufficient flexibility to permit final detailed planning and the precise
distribution of the approved density,. and intensity of the project at the time of plat
application or site plan submittal.
E. To provide assurance to the land developer and to the city that the
proposed development may be planned and carried out in one or more phases
over an extended period of time, in accordance with an approved MPC Zoning
Document and MPC Development Standards Document.
F. To assure that a Master Planned Community is developed in accordance
with a MPC Zoning Document. The MPC Zoning Document shall be designed
to further the goals established by the Denton Plan, provide development
standards promoting an appropriate balance of land uses and design, and
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Subchapter 7. (35.7.13.)
Development Code
promote the planning of public facilities designed to serve the projected
population.
35.7.13.2 General Provisions
A. Furtherance of the Denton Plan. The content of the MPC district shall
further the goals of the Denton Plan.
B. Location of MPC District. MPC districts may be established on parcels of
land, which, because of their ownership, size, topography, or exceptional or
unusual locations, are suitable for planned development in a manner consistent
with the purposes of this section.
C. Minimum MPC District Area.
1. The minimum area required for a master planned community district is
three hundred (300) contiguous acres or 125 contiguous acres held
under single ownership at the time of application submittal for those
areas as shown on Exhibit 1.
2. Areas within rights-of way may be included in the computation of the
minimum three hundred (300) acres and the 125 acres.
D. Zoning and Development Standards. The zoning standards, such as use,
density, lot coverage, building height and the like, shall be addressed in the MPC
Zoning Document. The design and public improvement standards, such as
architectural standards, buffers, parking location, street length, and the like, shall
be addressed in the MPC Development Standards Document. The Development
Standards to be required may represent the entirety of the standards in the
Denton Development Code, or a portion thereof. The DRC, Planning and Zoning
Commission or the City Council may require applicant to submit the MPC Zoning
Document and the MPC Development Standards Document as one concurrent
submittal, when any of those bodies finds that the health, safety or public welfare
of the residents of the City of Denton are compromised without such a concurrent
submittal. In that event, the DRC, Planning and Zoning Commission and the City
Council shall consider the MPC Zoning Document and the MPC Development
Standards Document as one case and at the same time. The applicant may
appeal the Committee's decision to the Commission and the Commission's
decision to the City Council.
1. The proposed MPC District shall comply with the Denton Development
Code, except where modifications are expressly authorized through the MPC
Zoning Document, the MPC Development Standards Document and in the
MPC Development Plan Map. ,
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Subchapter 7. (35.7.13.)
Development Code
2. The proposed MPC District shall comply with the design standards and
subdivision regulations (Subchapters 13, 14, and 16 - 22 of the Denton
Development Code) and other adopted policies, codes and ordinances of
general applicability, except where modifications are expressly authorized
through an approved MPC Zoning Document, the MPC Development
Standards Document and the MPC Development Plan Map.
3. Specific Use Permit. Any use may be established as a specific use in any
specific development unit within a proposed MPC district, provided such use
shall be specifically incorporated as a specific use subject to the provisions
of Section 35.6, and shall be located and conducted in accordance with the
approved Development Plan, and other applicable regulations. A separate
specific use permit is therefore not required if the specific use is so
incorporated into the Development Plan. If a subsequent development
application proposes a use that is not contemplated by the MPC
Development Plan or the Zoning Document, then applicant may seek to
amend the MPC Zoning Document or apply for a special use permit.
4. Alternative Development. Plan. The proposed MPC District may
incorporate standards for development in its MPC Development Standards
Document that would otherwise be processed as an Alternative
Development Plan for ESA, for Tree Preservation, or for other deviations
from Chapter 13 of the Denton Development Code. A separate alternative
development plan is therefore not required if such standards are so
incorporated into the Development Plan. If a subsequent development
application proposes a development standard that is not contemplated by the
MPC Development Plan or the Development Standards Document, then
applicant may seek to amend the MPC Development Standards Document
or apply for an alternative development plan.
35.7.13.3 Application Requirements
The MPC Zoning Document (including Development Plan Map) and the MPC
Development Standards Document shall, as approved by the City Council, become a
part of the applicable development regulations in the Denton Development Code within
the respective MPC District. Subsequent changes to the MPC documents and map
shall be made in accordance with Section 35.3.4 with the exceptions set forth in Section
35.7.13.8 (minor amendments).
A. The application shall describe the purpose, nature and characteristics of
the proposed MPC district including, but not limited to, the proposed
development unit use or uses to be conducted in the district in a manner
sufficient to enable preparation and consideration of regulations governing
permitted and specific uses, site use and other development regulations which
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Subchapter 7. (35.7.13.)
Development Code
may be appropriate to govern development, use, and maintenance of the sites
included within the MPC district. The application may be in three stages as set
forth below:
1. Conceptual/Schematic" Phase: A conceptual/schematic plan
submittal to be reviewed by the Development Review Committee prior to
the submittal of MPC Zoning Document and MPC Development Standards
Document. The MPC Concept Schematic is designed to aid the
Developer and the City in preparing a complete MPC Zoning Document
and MPC Development Standards Document application. The MPC
Concept Schematic may be referred by the Chair of the DRC to the
Planning and Zoning Commission and/or the City Council for review and
comment but typically, these are reviewed and approved by the DRC.
2. MPC Zoning Document. An application and development plan to
be reviewed by the Development Review Committee and Planning and
Zoning Commission, whose recommendations are forwarded to the City
Council for review and approval. The MPC Zoning Document establishes
zoning - standards for a Master Planned Community and typically
addresses land uses, densities, setbacks, building heights, lot coverage
and specifically identifies where there are deviations from the adopted
Denton Development Code. The MPC Zoning Document shall include a
Development Plan Map.
3. MPC Development Standards Document. A detailed set of
development standards that are reviewed by the Development Review
Committee and recommended for approval by the Development Review
Committee Chair, the Planning and Zoning Commission and approved by
the Denton City Council. The MPC Development Standards Document
sets forth the developers proposal for and confirms compliance with the
Denton Development Code Chapters 13 through 22 and/or identifies the
alternative development standards associated with the content of each of
those Chapters of the Development Code. An application for a MPC
Development Standards Document may be submitted for approval
concurrently with the MPC Zoning Document and shall be required to be
submitted with the MPC Zoning Document when meeting the conditions
set forth in 35.7.13.2.D.
B. All MPC applications, [Conceptual Schematic, Zoning Document (including
the Development Plan map), and the Development Standards Document] shall
contain the information set forth in the City of Denton Criteria Manual.
C. Where the applicant is proposing deviations from the zoning provisions of the
Denton Development Code, applicant shall specify both the existing regulations
and the wording of each corresponding substitution, as proposed. The proposed
MPC district shall represent a quality development when weighed overall against
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' Subchapter 7. (35.7.13.)
Development Code
the standards in the Denton Development Code or the alternative regulations
proposed by the applicant.
1. Development Standards
a. Maximum gross density
b. Minimum lot area
c. Minimum lot width and frontage
d. Minimum lot depth
e. Minimum yards and building setbacks: Front (include arterials,
collector, and local); side yard (include arterial, corners, and
accessory structures) and rear yards
f. Maximum building height (include primary and accessory
structures)
g. Parking and loading
h. Land uses allowed in each area listed in a land use schedule. This
should include the following: permitted uses, uses by right, uses by
special use permit, accessory uses, temporary uses and outdoor
operation uses (including walk ups and drive throughs for all uses)
i. Proposed parks, open areas, trails and school sites (if applicable).
2. A Cost Impact Analysis of the proposed public facilities and infrastructure,
prepared by a competent person or firm with experience in the preparation of
such studies. The study shall provide the specific detailed accounting of the
financing structure for the development of required facilities for parks, law
enforcement, fire protection, public services, municipal government, and
other necessary governmental) services. The purpose of such a study is to
provide the base line development data and costs that will assist the city and
the developer in discussions concerning the provision and timing of utilities.
3. Phasing Schedule. The following schedule submitted with the
application for a MPC District .,shall including a schedule indicating, to the
best of the applicant's knowledge, the approximate timeframe in which
construction or development is expected to begin, the duration of time
required for completion of the development; and proposed phasing if the
project will not be developed as one (1) unit, including a plan for the interim
use and management of the undeveloped phase or phases. Phasing shall
reflect that multi-family development shall follow other land uses in the
phasing; multi-family housing shall not be the first land use or the primary
land use in any phase or unit of the proposed development.
4. Review of phasing schedule: In cases where the build out schedule of
the proposed project exceeds five (5) years, the detail for phases proposed
for building beyond five years can be less than the detail provided for phases
to be constructed in the first five years. For all phases proposed to be
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Subchapter 7. (35.7.13.)
Development Code
constructed five or more years hence, then a five year, ten year, and 15 year
review by the Council and the Planning and Zoning Commission shall take
place on the Development Plan Map, the infrastructure studies as well the
MPC Development Standards Document. The Council may establish a
review cycle for the project based on the complexity of the proposed project
the length of the build out time and the types and costs of public
infrastructure requirements. The outcome of the reviews set forth above may
include an initiation by the Council of a major or a minor amendment to the
approved MPC Zoning Document (including the Development Plan Map)
and/or the Development Standards Document, and/or an initiation of
rezoning.
D. Development Standards Document. The MPC Development Standard
Document shall include the following:
1. Design standards that will govern the orientation and design of buildings
and other improvements, which include but are not limited to the following:
a. Architecture, including ;design standards and building materials for
buildings, fences, walls, and other structures, buffering, fencing, etc. The
regulations of subchapter-,13 shall be specified, referencing both the
existing regulations and the wording of each corresponding substitution,
as proposed. The proposed MPC district should represent a quality
development when _weighed overall against the standards in the Denton
Development Code or the alternative regulations proposed by the
applicant.
b. Signs
c. Narrative description and/or graphic plan that details landscape
standards for parks, open space systems, and public-right-of-way.
Include general information as to how buffering will be achieved (i.e.
fence, vegetation, berm, wall, etc.).
d. Street cross-section design, by classification, for all streets where
alternatives are proposed.
e. All existing and proposed provisions for pedestrian circulation
including sidewalks, walkways, crosswalks, trails, pedestrian plazas, and
other amenities.
f. Identification of any alternative pavement treatments, streetscape
furniture, art or other amenities associated with plazas, trails, sidewalks,
roadways, etc. if applicable,.
g. Bicycle parking facilities, including specifications.
2. The following information is required for all proposed deviations from the
provisions of subchapters 16-22 of the Denton Development Code or other
applicable regulations. The regulations shall be specified, referencing both the
existing regulations and the wording of each corresponding substitution, as
proposed. The proposed MPC district should represent a quality development
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Subchapter 7. (35.7.13.)
Development Code
when weighed overall against the standards in the Denton Development Code
or the alternative regulations proposed by the applicant.
35.7.13.4 Application Procedures
A. The applicant is required to meet with the DRC prior to making an application for
a MPC conceptual schematic to discuss the development concept, the review and
approval process, and the submittal requirements. The applicant is required to
make a pre-application with the City prior to filing an application for such MPC
zoning document and for the development standards document, whether filed
separately or together.
B. If the application request requires an amendment of the Denton Plan, the
applicant shall submit an application to amend the Denton Plan or Mobility Plan prior
to or simultaneously with the application for a MPC District. Denton Plan
amendments which are required to enable an MPC District submittal are exempted
from the application constraints set forth in Section 35.3.3.C.2.
35.7.13.5 Adoption Of A Master Planned Community District
A. The Master planned community District shall be adopted in accordance with
procedures set forth in Section 35.3.4. The Planning and Zoning Commission and
Council shall consider the MPC zoning document as the application along with any
amendments to the Denton Plan and/or the Mobility Plan.
B. At the time an MPC Zoning Document is approved by the City Council, it
becomes an integral part of the Denton Development Code for that MPC zoning
District established by the City on the property. All future development within the
adopted MPC District shall thereafter be in conformity with the MPC Zoning
Document for that property.
35.7.13.6 Findings
Before approval or adoption of an application for a MPC Zoning Document, the Planning
and Zoning Commission and the City Council shall find:
A. That the development proposed furthers the goals of the Denton Plan.
B. 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.
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Subchapter 7. (35.7.13.)
Development Code
C. That 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 MPC District.
D. 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.
E. That the development is fiscally sound, as demonstrated in the Cost Impact
Analysis, and is consistent with adopted policies, infrastructure plans and applicable
Capital Improvement Programs (CIP) and that the Development Plan sets forth the
phasing and the plan for paying for the infrastructure and responsibilities for
payment.
35.7.13.7 Future Development
Upon adoption of the MPC District, the applicant may then proceed with the
development of the property in accordance with the "MPC Zoning Document" and, the
"MPC Development Standards Document" by applying for a preliminary and final plat(s)
approval in accordance with the phasing plan in the MPC District.
35.7.13.8 Amendments To An Approved MPC Zoning Document or MPC
Development Standards Document
A. Applicant or its successors may, request amendments to the MPC Zoning
Document and or MPC Development, Standards Document. Amendments to the
approved MPC documents shall be delineated as major or minor amendments,
according to the criteria set forth herein. Amendments to the approved MPC
documents will not affect development units not included in the proposed
amendment.
B. Upon receipt of an amendment application, the DRC Chair shall determine if the
proposed amendment constitutes a major or minor amendment.
C. Major Amendments. If the DRC Chair determines the amendment to be a major,
the amendment request shall be processed under the Zoning Amendment procedure
(35.3.4).
D. An amendment will be deemed major if it involves any one of the following:
1. A change in the overall MPC'District Boundary; or
2. A significant change to the approximate boundary of one or more
"development unit(s)" from that approved in the MPC District, as determined by
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Subchapter 7. (35.7.13.)
Development Code
the DRC Chair. A change to an individual development unit generally shall be
deemed to be significant if it represents a ten percent (10%) increase to the
approximate gross area of the development unit as approved in the MPC District;
or
3. An increase of ten percent. (10%) or more of the approved number of
projected dwelling units or gross leasable area (GLA) for an individual
development unit; or
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 DRC; or
6. Any change in land use or density that is likely to negatively impact or
burden mobility adjacent to the MPC District or to the overall major street system
as determined by the DRC; or
7. Any other proposed change to the "Development Plan" which
substantively alters one or more components of the MPC District, as determined
by the DRC Chair.
E. Minor Amendments. Amendments not meeting one or more of the criteria listed
in subsection (D) shall be considered minor. If the DRC Chair determines the
amendment to be minor, the DRC Chair may administratively act on the amendment
and attach stipulations or conditions of approval thereto, to protect the public health,
safety and welfare.
1. At least fifteen (15) days prior to consideration of a requested Minor
Amendment by the DRC, notice of the proposed minor amendment shall be
mailed to each owner of property wholly or partly within two hundred (200) feet of
the affected development unit(s) to which the amendment relates.
2. If written protest to any minor amendment is received from any notified
property owner within ten (10) days of the notification mailing date and such
protest cannot be resolved, then the Minor Amendment shall be reclassified as a
Major Amendment. No additional application shall be required, however, all
provisions governing Major Amendments shall then apply.
3. If written protest is not received as described above, the DRC Chair shall
render a decision on the minor amendment request. The DRC decision shall be
final unless appealed to the Planning and Zoning Commission under Section
35.3.7.D.
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Subchapter 7. (35.7.13.)
Development Code
35.7.13.9 Administrative Decision Appeals
A. The applicant or a property owner within two hundred feet may appeal an action
or decision by the DRC Chair on minor amendments to the Planning and Zoning
Commission within seven (7) days from the date of the DRC's decision, pursuant to
section 35.3.7.D.
1. Appeals shall be in writing on a form provided by the Planning and
Development Department and shall include only the specific items being
appealed.
35.7.13.10 Appeals concerning size of an MPC
A. An applicant may appeal to the Planning Commission and then to Council if the
land area to be proposed for MPC does not meet the minimum size requirements in
Section 35. 7.13.2.C of this Subchapter when the applicant can demonstrate that:
1. The development is unique and requires MPC in order to be developed
2. Is not a single use
35.7.13.11 Administration And Enforcement
A. While ownership of a project may subsequently be transferred (in whole or in
part), MPC zoning will continue to be implemented and maintained on the total
acreage of the MPC Zoning project. It is the responsibility of the owner to notify all
prospective purchasers of the existence of the MPC District and the MPC
"Development Plan".
B. In the event that the applicant has failed to comply with the conditions adopted by
the City Council in conjunction with the approved MPC zoning document, the City
may proceed in accordance with Section 35. 1.10
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Subchapter 23
Development Code
35.23.2 Definitions [Note - these are to be added to existing]
Development Unit: An approximate "subarea" within a specifically defined MPC
boundary-containing singular or multiple designated land use and zoning classifications.
Multiple classifications or mixed-use classifications may be permitted in the MPC District
in conformance with the Denton Plan. A development unit in text or table format is the
same area as referenced on a map but describes the area in more specific detail. The
City Council may approve a particular definition of "subarea" or "development unit" for
any individual MPC District.
Standards Report: Consists of a narrative report, existing conditions map and
background information describing the characteristics, components and timing of the
proposed MPC District by development unit(s). The Standards Report includes a
development unit matrix describing density, projected employment, intended FAR's,
zoning districts and applicable development standards. The Standards Report also
includes a matrix describing how the developer proposes to comply with the site design
standards contained in Subchapter 13 of the Denton Development Code. It will
describe for example, where the developer proposes to comply with the requirements to
park behind or beside buildings and to identify alternatives where an alternative is
proposed.
Development Plan: Is a plan, organized, by development unit, demonstrating how the
Standards Report will be implemented., The Development Plan will illustrate the
proposal's relationship and conformity with adjacent land uses, Mobility systems and the
provision of utilities and other public services.
Development Plan Map: A map at an appropriate scale included in an MPC zoning
document that sets forth on the property all the proposed land uses in a zoning category
format (e.g., NR-3, RCC, etc., or equivalent), identifies site access, connectivity, and
general public improvements (such as parks, open space, trails, but not limited to
these), a table showing all the land uses,, including the total acreage of each proposed
land use, the land use and acreage by parcel, and the total acreage of the project. The
map shall also show boundaries reflecting the phasing plan.
23-??
Master Planned Community (MPC)
Minimum Land Areas
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