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2007-095S~\Our Documentsl0rdinanees\07\DCA05-OOOS.doc ORDINANCE NO. ~ OO ~- OGIj AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.7, 35.13 AND 35.23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO AN INFILL SPECIAL USE DISTRICT; PROVIDING FOR A PENALTY CLAUSE WITH THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (DCA05-0005) 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, afrer 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 35.13 and 35.23 of the Development Code, pertaining to Infill Special Use districts; and WHEREAS, afrer providing notice and after conducting a public hearing as required bylaw, 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 TI-IE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The endings and recitations contained in the preamble ofthis ordinance are incorporated herein by reference as true. SECTION 2. Subchapter 35.7, 35.13 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, 35.13 and 35.23 not specifically changed by this amendment shall remain in full force and effect. SECTION 3. Any person violating any provision ofthis ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision ofthis 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 ofthis 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 ofDenton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~'~~day of , 2007. ~ ~m~~~ PERR McNEII.L, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ^ , ~ 1 APPROVED AS TO LEGAL FORM: PAGE 2 EXHIBIT A INFILL REGULATIONS Subchapter 7 -Special Purpose and Overlay Districts 35.7.14 Int'ill Special Purpose District 35.7.14.1 Purpose and Intent. The purpose of this district is to provide standards for the development of infill lots in existing neighborhoods on parcels of land that have remained undeveloped. The specific objectives of this district are to: • Allow flexibility in location, type and density, within the densities supported by the Denton Plan and the Denton Development Code; • Provide flexibility in lot size, configuration, and vehicle access to facilitate infill development; • Provide development standards that promote compatibility between new and existing development and promote certainty in the marketplace; • Encourage development of needed housing in close proximity to employment and services; • Promote neighborhood preservation and enhancement through infill development of vacant properties; • Encourage mixed use development opportunities in order to provide housing and neighborhood services close to jobs; • Encourage development that meets the city's economic development goals; and, • Encourage new development as well as preservation of a diversity of housing types and price ranges in existing neighborhoods. 35.7.14.2 Applicability and General Provisions. There is hereby established a special purpose district to be known as the Infill Special Purpose District. The boundary of the Infill Special Purpose District is shown on Figure 35.7.14.2. All applications for development of buildings, structures, and lots within the Neighborhood Residential and Downtown University Core Zoning Districts that are no greater than two acres may utilize the flexibility, restrictions, limitations, and provisions of the Infill Special Purpose District regulations as noted in this article, provided that: ]. the proposed area has not been replatted into less than two acre lots afrer the effective date of the adoption of this ordinance; and 2. the proposed area lies fully within the boundaries of the Infill Special Purpose District; and 3. the proposed area does not fall within any other Special Purpose or Overlay district. In the case of conflict among regulations, the more flexible standard shall apply. A. Permitted Uses. • All uses permitted by the underlying zoning • Zero-lot line dwellings (permitted only within the Downtown University Core Zoning Districts) B. Neighborhood Meeting Requirement. 1. Applicants proposing to develop on infill lots meeting the characteristics of this district shall conduct at least one neighborhood meeting, which shall be attended by one or more City Planners, prior to the approval by the Development Review Committee Chair. Record owners of property within 500 feet of the subject property, as reflected in the records of the Denton Central Appraisal District, shall be notified by mail 10 days prior to the neighborhood meeting by the applicant. The neighborhood meeting shall be held at a public faci]ity, such as a public library or community center in close proximity of the subject property. 2. Prior to the conclusion of the Neighborhood Meeting, the City Planner in attendance will describe any administrative adjustments granted under §35.7.14.2.D.1, and invite the written protests of any notified property owners in attendance who wish to bring such administrative adjustments forward for consideration by the Planning and Zoning Commission. 3. No further public notification of any such meeting before the Planning and Zoning Commission shall be required, other than an agenda posting as required by the Texas Open Meetings Act, and the decision of the Planning and Zoning Commission shall be final. C. Plan Requirement. A site plan shall be submitted for infill development within the Infill Special Purpose District. The site plan shall be approved by the Building Division prior to the issuance of a building permit. D. Approval Process, Administrative Adjustments and Appeals. 1. The Planning Director is authorized to grant administrative adjustments up to 25% from the requirements of Subchapter 5 of the Denton Development Code for height, setback, and lot coverage within Neighborhood Residential Zoning Districts and Downtown University Core Zoning Districts in the Infill Special Purpose District. 2. Decisions on administrative adjustments may be appealed to the Planning and Zoning Commission by the applicant or by any property owners who have filed a written protest of the administrative adjustments, as set forth in §35.7.14.2.B.2. Such an appeal will follow the Staff Review procedure set forth in §35.3.7.D.1. If the protests received at the neighborhood meeting include those of the record owners of 20% or more of the property lying within 200 feet of the subject property, the hearing before the Planning and Zoning Commission shall also 2 incorporate a public hearing. In either event, the decision of the Planning and Zoning Commission is final. 3. Adjustments in excess of 25% require the approval of both the Planning and Zoning Commission and the City Council, using the Zoning Amendment procedure set forth in §§35.3.4.C.2 through 35.3.4.C.4. E. Content of Application. Applications shall be accompanied by an accurately dimensioned site plan showing the placement of all structures, and detailed scaled elevation sketches or photographs of the front and side elevations of all proposed and existing structures to remain. The applicant may be required to furnish such additional information or supporting detail as may be reasonably necessary to assure compliance with the standards herein. F. Compatibility. While this Section is intended to promote quality development and eliminate conditions of gross design incompatibility that have the potential for enduring a century or more, it is not intended to stifle individuality or compel rigid conformity. Recognizing that great diversity of style, often between homes side by side, is one of Denton's central neighborhood strengths, this section is set forth with the intention that the acceptable level of compliance with these standards will be the minimum necessary to assure compatibility, not conformity. This Section of the Code may be augmented by the publication in the Criteria Manual of guidelines intended to illustrate the standards. Such guidelines may be referenced in the interpretation and administration of the standards herein. G. Exclusions. The provisions of the Infill Special Purpose District may not be applied to the following: 1. Infill of an entire street whole block face; 2. Infill of an entire neighborhood; 3. Infill of land greater than two acres in size; 4. Infill ]and replatted into less than two acre lots after the effective date of the adoption of this ordinance; or 5. Infill land located within the boundaries of any other Special Purpose or Overlay district. 35.7.14.3 Development Standards. "this section sets standards for structure placement, height, scale, proportion, direction emphasis, design details, texture, and materials. A. Where an infill development abuts a structure that is on the City of Denton's List of Historic Landmark Designations, the state of Texas Recorded Texas Historic Landmarks (RTHLs) or the U.S. National Register of Historic Places or, is located on or within two blocks in any direction of the Denton courthouse square or is adjacent to any historic or conservation district, then the infill development must be compatible with established structures in the neighborhood in accordance with the following six standards: 3 Placement. No new or moved structure shall be located any closer nor any further away from a street property line than the structure situated on either side of it. Building separation shall be consistent with the general character of the neighborhood. Primary structures shall be oriented with the front fagade and primary entrance facing the street or shall be oriented compatibly with the neighborhood where the neighborhood orientation is not with the front fapade and primary entrance facing the street. Garages shall be located consistent with the character of garage location in the neighborhood. Any lot located on an alley and situated between structures that have vehicular access only to that alley shall be developed with driveway access to the alley only. Review and approval of garage placement under this section shall be consistent with other setback regulations and exceptions of this Chapter and the building code and fire code. 2. Height, Scale and Proportion. The height of any structure shall be consistent with the character of the neighborhood. Finished floor elevations (FFE), and front yard grade elevations shall be similar to those adjacent structures unless the Floodplain Administrator requires a higher FFE. Overall height, width, scale, and general proportions shall be similar to or consistent with the character of the neighborhood. 3. Roof style and pitch of the proposed structure shall be architecturally consistent with the neighborhood character. 4. Facade, Materials and Detail. Where neighborhood character includes discernable patterns of detail, including but not limited to, door and window trim, corner boards, cornice details, railings, and shutters, the details of any primary structure (or accessory structure visible from the public right of way) shall be compatible with such character. Where neighborhood character includes open or enclosed front porches, any primary structure shall include a similar porch. The materials and relative proportions of doors and windows of the principal structure and any accessory structure visible from the public right of way shall be compatible with neighborhood character. Siding width shall be compatible with neighborhood character. Exposed wood on any structure shall be painted or stained in a manner generally compatible with neighborhood character. 5. Maximum Lot Coverage. Lot coverage shall be compatible with the existing neighborhood character. 6. Front Yard Setbacks. Front Setbacks are as permitted by the underlying zone. However, the contextual setback option may be granted by the Planning and Development Director. A contextual setback is an average of the setbacks of adjacent or abutting lots. In a case where an existing structure is located within 20-40 feet of the subject site and fronts the same street as the proposed building, a front yard setback similar to that of the nearest primary structure shall be used. "Similar" means the setback is within 0-10 feet of the setback provided by the 4 nearest structure or building. If there are two adjacent structures fronting onto the same street, then an average measurement shall be taken using the two adjacent structures. In no case shall the front yard setback be less than five feet, except in the NRMU, DC-N and DC-G zoning districts, where there are no minimum front yard setback requirements. B. Tree Preservation and Landscape Requirements. 1. Infill development, as defined in this Chapter, shall be exempt from Subchapter 35.13.7.C. Street Tree Requirements, provided that at the time of permitting, street trees are not present on a majority of the developed lots: a. located on either side of the same street as the infill lot, b. between the same intersecting streets as the infill lot, and c. within the same land use category as the infill lot. 2. Infill development, as defined in this Chapter, shall be exempt from Subchapter 35.13.10.C.3 Landscaping Standards where front parking is allowed. All other provisions of Subchapter 35.13.7 Tree Preservation and Landscape Requirements shall apply. C. Parking. All requirements of Subchapter 35.14. (Parking Standards) shall apply. For single-family dwellings on infill lots as described in this section, tandem parking shall be allowed. For developments on infill lots, as defined in this section, parking in front shall be allowed. D. Zero-Lot Line Dwelling. Zero Lot Line Dwellings shall be permitted on infill lots except as provided in 35.7.14.3.A and are subject to the same standards as detached single family structures elsewhere in the Denton Development Code, except that the following additional provisions shall apply: When a proposed zero-]ot line dwelling shares a side property line with an existing non-zero lot line development, the zero-lot line dwelling shall be setback from the common property line by a minimum of five feet regardless of the setback requirements of the underlying zoning district, unless a greater setback is required by the Fire Code. Refer to Figure 35.7.14.3.D; 2. Where two of mare zero lot-line dwellings are proposed a building separation between the proposed zero lot-line dwellings shall be 10 feet. Where a proposed zero lot-line dwelling shares a side property line with a proposed non-zero lot line dwelling, the setback shall be 10 feet. Refer to Figure 35.7.14.3.D; 3. Prior to building permit approval, the applicant shall submit a copy of a recorded easement for every zero lot line house that guarantees rights for construction and maintenance structures and yards. The easement shall stipulate that no fence or other obstruction shall be placed in a manner that would prevent maintenance of structures on the subject lot; 5 4. Placement and/or design of windows on the ground-floor of the zero-lot line house shall support privacy for the occupants of the abutting lot as well as for the proposed development; and 5. The development shall comply with the design standards in Subchapter 13 Site Design of the Denton Development Code. E. Sidewalk construction. [n cases where infill development is required to construct a sidewalk on abutting non-collector or non-arterial road rights of way pursuant to Section 35.20.3.B of this code, and for interior lots where sidewalk does not exist along said street in front of both properties abutting the subject infill residential development site on the same side of the street, infill development shall not be required to construct a sidewalk along the non-collector and non-arterial street abutting the subject development. For proposed infill on comer lots, sidewalks are not required to be constructed along any street in which the abutting property does not have an existing sidewalk, unless the street is classified as an arterial or collector; otherwise, the proposed infill development is required to construct a sidewalk from the end of sidewalk to the corner of the lot when sidewalk does exist along said street in front of an abutting property. 6 Figure 35.7.14.3.D 5 fee[ 5 feet min. min. set- set- back back 10 feet 10 feet 10 feet ~ z min. ..3 min. 4 l' min. 5 set- set- ~ -- t se[ back back i--.J~ back ( Infill Lots ~ Street Notes: a. Zero lot line dwelliings are permitted only in the Downtown University Core zoning districts. b. Lots 2, 3, 4, and 5 are infill lots. c Lot 1 and 6 are existing non-zero lot line dwellings. d. Lot 2, 3,and 4 are proposed zero lot line dwellings. e. Lot 5 is a proposed non-zero lot line dwelling. L When a proposed zero-lot line dwelling (lot 2) sharesa side property line with an existing non-zero lot line development (lot 1), the zero-lot line dwelling shall be setback from the common property line by a minimum of five feet. g. Where two of more zero lot-line dwellings (lot 2, 3, and 4) are proposed a building separation between the proposed zero lot-line dwellings shall be 10 feet. h. Where a proposed zero lot-line dwelling (lo[ 4) shares a side property line with a proposed non-zero lot line dwelling (lot 5), the setback shall be 10 feet. F. Perimeter Paving Requirements/Road improvements on abutting non-collector and non-arterial road rights-of way. In cases where a plat is required to construct ahalf- street road on abutting public or private street rights-of--way pursuant to Section 35.20. L, and for interior lots where said street in front of both properties abutting the subject development site on the same side of the street has not been improved to the subject standard, the subject development shall not be required to construct ahalf-street road along the non-collector and non-arterial street abutting the subject development. This section does not apply where the development would occupy a full block face. For proposed infill on corner lots, ahalf-street road is not required to be constructed along any street in which the abutting property does not have a roadway improved pursuant to Section 35.20.L, unless the street is classified as an arterial or collector; otherwise, the proposed infill development is required to construct ahalf-street road from the end of the improvement to the center of the intersection when a roadway does exist along said street in front of an abutting property. G. Unless otherwise noted in this Section, all other applicable standards of the Denton Development Code and Criteria Manual shall apply. 7 Figure 35.7.14.2 Infill Special Purpose District V D Feet 0 1,100 2.200 4,400 Amendments to 35.13.13.3.C.l.b Except as prohibited by Section 35.13.13.3.C.l.a. Infill parcels meeting the requirements of Section 35.7.4--p13.2 and the general regulations for parking in front of buildings set forth in 35.13.13.3.0.3 are exempted from prohibitions against parking in front of buildings. Amendments to 35.23.2 Definitions. Infill Development: Development on a vacant parcel or groupings of vacant lots within an existing block surrounded by existing development that is contiguous on at least two sides for corner lots and contiguous on at least three sides for interior lots (existing development located directly in front on the other side of the street may count as a side for interior lots only), no greater than two acres in size, and is served with all or most public services and facilities, including but not limited to water, wastewater and drainage. Neighborhood: a sub area of the City of Denton in which the residents (or non- residential uses) share a common identity focused around a school, park, or community business center that are generally within walking distance of the homes or businesses, architecture, or other features with boundaries that may include highways, railroads or such natural features as rivers. The neighborhood character shall be deemed to be the prevailing character of structures within 300 feet in either direction along street frontages, irrespective of intervening streets. Zero lot line dwellings: Zero lot line dwellings are detached single-family dwellings that have a side yard setback of zero feet on one side. 9