2000-046 F
NOTE. Amended by Ordinance No. 2000-178
NOTE. Amended by Ordinance No. 2001-303
NOTE Ordinance No. 2001-303 superceded by Ordinance No 2001-345
ORDINANCE NO ~00-0~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTERS 34 AND
35 OF THE CITY OF DENTON CODE OF ORDINANCES; ESTABLISHING INTERIM
STANDARDS, REGULATIONS AND PROCEDURES FOR APPLYING POLICIES OF
THE ADOPTED COMPREHENSIVE PLAN TO RESIDENTIAL DEVELOPMENTS
PENDING ADOPTION OF A REVISED DEVELOPMENT CODE, PROVIDING FOR
ADMINISTRATION OF SUCH STANDARDS AND REGULATIONS, PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE
DATE, AND PROVIDING A SAVINGS CLAUSE
WHEREAS, the City of Denton has enacted by Orchnance No 99-439 anew Comprehensive
Plan for the City of Denton on December 7, 1999, and supercedmg the Denton Development Plan,
and
WHEREAS, the City of Denton has enacted by Ordinance No 99-440 a moratorium on
cer~mn remdentml development apphcatmns pending the adoption of ~ntenm standards for remdentml
development, and
WHEREAS, the Comprehensive Plan contmns pohc~es, goals and strategms related to
remdential land use, grov~h management, housing and open space prowmon, and
WHEREAS, the City intends to comprehensively amend ~ts Code of Ordmances, mcludmg
inter alia its zonmg and subdlmslon regulations, in order to implement such polices, goals and
strategies, and
WHEREAS, it ~s m the public interest that standards and regulations ~mplementmg the
Comprehensive Plan be applied to remdentlal developments dunng the ~ntervemng time period, and
WHEREAS, it appears that substantml apphcatlons for approval ofremdcntlal developments
are likely to occur ~n the lntervemng time period, and
WHEREAS, it further appears that approval of such development applications inconsistent
with the new Comprehensive Plan is contrary to the ~ntent and purposes of the plan, and
WHEREAS, Chapter 219 of the Texas Local Government Code authorizes mumclpahhes
to enact regulations definmg the consistency between comprehensive plan proposals and
development regulations, and
WHEREAS, a joint public heanng of the Planning and Zoning Comm~smon and the City
Council concemmg the adoptmn of thru ordinance was held on December 7, 1999, and
Page 1 of 28
WHEREAS, It lS an the public interest that the Clty establish lntenm standards and
regulations to be applied to residential developments ~n the City as text amendments to the City's
development regulations, and
WHEREAS, the City is desirous of allowing property owners to proceed with development
apphcatlons for residential use pending the adoption of permanent revisions to the Land
Development Code, subject to interim standards that safeguard the health, safety and general welfare
of the commumty
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS
SECTION I Interim Development Re~,ulat~ons
The following prowslons hereby are adopted as ~ntenm development regulations and text
amendments to Chapters 34 and 35 of the Code of Ordinances of the C~ty of Denton, as hereinafter
stated, pending the adoption of permanent revisions to the C~ty's Code of Orrhnances that ~mplement
the policies, goals and strategies contained ~n the adopted Comprehensive Plan concerning
residential land use, growth management, housing and prowslon of open space Pending adoption
of such permanent rews~ons, these interim development regulations shall supersede conflmt~ng
prowslons of the City Code of Ordinances, ~nclud~ng m partmular and w~thout hmitatlon Chapter
34, Subd~mslons, and Chapter 35, Zoning, and shall read as follows
Section A General Provisions
1 Intent and Pumoses
It is the intent and purpose of these regulations
a to impose limitations and additional standards and regulations on residential
developments w~tlun city hrmts ~n order to render such standards and
regulations consistent with the policies, goals and strategies concerning
ms~denUal land use, and related growth management, housing and open space
objectives set forth in the newly adopted Comprehensive Plan, pending
adoption of revlmons to Chapters 34 and 35 and other apphcable prows~ons
of the C~ty's Code of Ordinances (whmh changes hereinafter collectively are
referred to as the "Development Code") that ~mplement such policies, goals
and strategies,
b to permit property owners to submit residential development applications
dunng such interim period, ~n order to receive prehrmnary or final approval
from the City for such projects, subject to hm~tatlons herein set forth, and
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c to ~ntegrate these interim regulations as a text amendment to the City's
existing development regulations governing residential use dunng the
pendency of this ordinance
d to replace temporarily existing procedures for residential developments within
planned developments with new procedures that apply new standards for
approval of planned developments
2 Annllcabflltv
These interim regulations apply to all residential developments within the City of
Denton except as otherwise provided herein All residential development
applications shall be processed, reviewed and decided an accordance with these
interim regulations except as otherwise provided herein
3 Exemntions
This ordinance does not apply to
(a) a resldentml development application for approval of a minor plat for land not
more than 5 acres in size,
(b) an apphcatlon for approval of a conveyance plat,
(c) a residential development apphcat~on subject to and consistent w~th a
residential zoning apphcatlon that was approved on or after April 7, 1998 and
prior to the effective date of this ordinance,
(d) a non-res~dential portion of a Planned Development that is affected by this
ordinance,
(e) a residential development within an agricultural zoning dlsmct, or
(f) a residential development application, other than a residential zoning
apphcat~on, that either was approved or that was accepted for filing prior to
the effective date ofthts ordinance that shows either the lot layout for s~ngle-
family dwellings or the size of or building footpnnt for a multi-family
dwelling, or any subsequent application for that residential development,
provided that such application is subsequently approved and further provided
that the reqmrements for submission of a design plan shall apply to all
subsequent applications
Page 3 of 28
4 D~on
These interim regulations shall remain m effect until such t~me as the City enacts ~ts
Development Code to ~mplement the polae~es, goals and strategies concerning
residential land use, and related growth management, housing and open space
objectives set forth in the newly adopted Comprehensive Plan
5 Effect on Other Regulations
It is the intent of this ordanance that the standards set forth herem supercede any
conflicting standards under existing development regulations that apply to the
development apphcatlon It is the further ~ntent oftbas ordinance that prows~ons of
existing development regulations not ~n conflict w~th prows~ons of this ordinance
remain in effect and that such prov~slons apply w~th full force and effect to the
development authorized under this ordinance
SeeUon B DefimUons
For purposes of th~s ordinance, the following terms are defined to mean
Accepted for film~ means the status of a residential development apphcat~on following
submission and acceptance as complete by the D~rector of all application materials and
documents required by the City Code of Ordinances In addatlon, a resadenUal development
application shall not be considered accepted for fihng if there ~s a reqmred condmon
precedent to the filing that has not been fulfilled
Affordable Hous~m, means housmg that quahfies for the C~ty of Denton Homebuyer
Assistance Program, as determined by the C~ty of Denton Commumty Development
D1vlslon
Buffer yard means land area used to ws~bly separate one use from another or to shield or
block no~se, lights, or other nuisances The area could contain a combination of planting,
land berm~ng and fencing to achieve the buffenng Structures could prohibited in the buffer
yard
City means the City of Denton, Texas
Community Actlwtv Center means the area defined and described by such term m the City
of Denton Comprehensive Plan
Conc~t nlan means a general concept plan as provided for in Chapter 35, Article IV of the
Code of Ordinances of the City
Page 4 of 28
C0nvevanee Plat means a manor plat as defined and provided for m Chapter 34 of the C~ty's
Code of Ordanances
Densaty. moss. means the maxamum number of dwelling umts allowed under the zomng
classffieataon per umt of land Gross land area includes all the land wlthan the boundaries
of the partacular area, excluding notbang (The Illustrated Book of Development Defimtaons,
CUPR, 1981) Gross densaty wall be computed by davldang the maximum allowed number
of dwelhng umts by the total area wlthan the project, rounded to the nearest tenth, usang
standard ronndmg techmques
D¢lasatv transfer means the removal of the right to develop or bmld, expressed m dwelhng
umts per acre, from land on one pomon ora subdlvlsaon, project or zomng district to another
portion ora subdavlsmn, project or zoning dlstnct where such transfer is permatted
Detmled plan means a detmled plan as provided for in Chapter 35, Article IV of the Code of
Ordinances of the City
D,¥elonment plan means a development plan as provided for in Chapter 35, Artmle IV of
the Code of Ordinances of the C~ty
Director means the Darector of Planning and Development or his designate
Downtown Umvemtv Core Dastnct means the area defined and described by that term an the
Caty of Denton Comprehensave Plan
DRC means the mty's Development Revaew Committee
Environmentally Sensatlve Areas means a feature of the landscape an ~ts natural condltaon
before any gradmg, excavataon, filhng or other man-made alterataon, including but not
hnnted to, floodway, floodplmn fnnge, riparian area, wetlands, ponds, lakes, rivers, wooded
area, and topography that exceeds 7% slope Such features generally are depicted on the Caty
of Denton Enmronmentally Sensitive Areas Map
l~nal nlat means a final plat as defined an Sectaon 34-11 and as provided for an Section 34-15
of the Code of Ordmances of the Caty
Floodplain means the area designated as subject to floodang from the base flood (one-
hundred-year flood) on the flood insurance rate map The floodplmn includes the floodway
Floodway means a river, channel or other watemourse and the adjacent land areas that must
be reserved in order to dascharge the base flood wathout cumulatively increasing the water
surface elevataon more than a desagnated height Normally, the floodway wall anclude the
stream channel and that portion of the adjacent land areas reqmred to pass the base flood
(one-hundred-year flood) dascharge wathout cmnulatavely lncreasang the water surface
Page 5 of 28
elevation any potnt more than one (1) foot above that of the pre-floodway condit~on,
m¢ludlng those designated on the flood insurance rate map
Floodway fnnge means the area located w~thm the floodplain and outside the floodway
Minor Plat means a minor plat as defined and provided for ~n Chapter 34 of the City's Code
of Ordinances
Multi-family dwelhng means a building or pomon thereof whmh is designed, built, rented,
leased, or let to be occupied as three (3) or more dwelhng units or apartments or which ~s
occupied as a home or place of residence by three (3) or more families living ~n independent
dwelhng units
Neighborhood Center means the area defined and described by such term m the C~ty of
Denton Comprehensive Plan
One-farmly dwelling, attached or Smgle-famflv. attached means a dwelhng which is joined
to another dwelhng at one (1) or more sides by a party wall or abutting separate wall and
which ~s designed for occupancy by one (1) family and ~s located on a separate lot delmeated
by front, side and rear lot lines
One-fgmflv dwellm~,, detached or S~n~le-famflv. detached means a dwelling designed and
constructed for occupancy by one (1) family and located on a lot or separate building tract
and having no physical connectton to a building located on any other lot or tract and
occupied by one (1) family
Ooen space means any parcel or area of land or water essentially ummpmved and set aside,
dedmated, designated or reserved for pubhc or private use or enjoyment, or for the use and
enjoyment of owners and occupants of land adjmnlng or nelghbonng such open space
~ment means a planned development chstnct as defined ~n Chapter 35, Amcle
IV of the Code of Orthnances of the C~ty
Prehmmarv plat means a preliminary plat as defined in Section 34-11 and as provided for
m Section 34-18 of the Code of Ordinances of the City
Property owner means an all inclusive term denoting the person with primary responsibility
toward the city to see that these development rules and regulations and the ordinances of the
city are complied with The term includes person, firm, corporation, partnership or agent,
attorney-m-fact, manager or director, developer Such term as used in th~s chapter always
includes one (1) or mom of the persons enumerated ~n th~s section who own all or any part
of the land which is contemplated to be developed
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Ouallfied masonry nroduct means brick, stone, stucco or masonry material that replicates
brick, stone or stucco
R lonal A ~ ent r means the area defined and descnbed by such term in the City of
Denton Comprehensive Plan
Recreation facility means a place designed and eqmpped for the conduct of sports, leisure
ttme activities and other customary and usual recreational activities
Residential develonment means a project to estabhsh a residentml use,, including assocmted
structures and appurtenances, on real property located within the c~ty hm~ts of the City of
Denton, currently zoned for residential uses or for which a residential zomng apphcatton is
proposed and that reqmres approval of a residential development appllcat~on prior to
development
Rasldentml develonment apphcat~on means a request to estabhsh a residential use on real
property located inside the city hm~ts of Denton, including without hm~tat~on the following
A a request to approve or amend a detmled plan in a Planned Development for
which a development plan prewously has been approved,
B a request to approve a general development plan, preliminary plat or final plat
apphcat~on,
C a request to approve a bmld~ng permit for a structure designed to contmn
multi-family dwelhngs, or
D a res~dentml zomng apphcat~on
Residential development apphcatlon ~ncludes the application form and all accompanying
documents and exhibits reqmred of the apphcant by the City for development review
purposes
Residential use means e~ther a multi-family dwelhng, two-family dwelhng, one-family
dwelhng, attached, or one-family dwelhng, detached
Residential zomng a_nphcatlon means an apphcat~on for zoning or rezomng for residential
use on real property located ~ns~de the city hmlts of Denton Res~dentml zomng application
~ncludes the apphcat~on form and all accompanying documents and extub~ts required of the
apphcant by the C~ty for development review purposes
Rezonmg means an apphcatlon for amendment, supplement or change to zoning as prowded
for ~n Section 35-7 of the Code of Ordinances of the C~ty and ~ncludes an apphcatmn to
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amend or approve a concept plan, development plan or detmled plan for which no
development plan previously has been approved
Street tree means a tree that is hsted on the city's list of ehg~ble street trees adjacent to a
public right-of-way
Tw0-famllv dwelling means a smgle structure designed and constructed with two (2) living
umts under a single roof for occupancy by two (2) famthes
Zomn~, means an apphcat~on for the first zoning classfficatlon and land use conditions
applicable to real property as provided for in Chapter 35 of the Code of Ordinances of the
City and includes the estabhshment of a planned development and approval of a concept
plan, development plan or detailed plan
Z0nln~ man means zomng d~stnct map as defined m Section 35-3 of the Code of Ordinances
of the City
Section C Minimum Standards
The standards contmned ~n this ordinance are mlmmum standards These interim
development regulations are not intended to hmlt the discretion of the City Council to deny
a residential development apphcataon that achieves the mlmmmn standards contmned in flus
section, or to condition the apphcatlon based upon overall considerations of health, safety
and general welfare
Section D Amendments to Chapter 34
Chapter 34 of the C~ty Code of Ordinances, Subdivision and Development Regulations,
hereby is amended to prowde
1 Zonlrlg Plan And Prmect Plan Reamred
Notw~thstanchng any other provision of Chapter 34 of the Code of Ordinances to the
contrary, and except for exempt apphcatlons, no apphcat~on for approval of a
general development plan, prehmmary plat or final plat shall be accepted for fihng
until a zoning plan and project plan have been approved for the resldentml
development designated m the plat apphcat~on and any plat apphcat~on that is not
consistent with the approved zoning plan or project plan will be demed For
purposes of this section, the term "plat" ~ncludes "replat"
2 Des~an Plan Reqmred
Where only a design plan ~s reqmred by this ordinance, no appllcat~on for approval
of a general development plan, prehmlnary plat or final plat shall be approved until
Page 8 of 28
the destgn plan has been approved for the residential development designated ~n the
apphcat~on, and any plat apphcation that is not consistent with the approved design
plan shall be demed For purposes of this section, the term "plat" includes "replat"
Section E Amendments to Chapter 35
Chapter 35 of the C~ty Code of Ordinances, Zomng, hereby ~s amended to provide
1 General Prowsmns
The standards contained ~n th~s section E shall be apphed to res~dentml developments
through zoning plans, project plans or design plans, which must accompany or
precede res~dentml zomng applications or res~dentml development applications, m
accordance with the following
a Zomr~g Plans and Procedures
(1) Every non-exempt res~dentml zoning apphcat~on shall be
accompanied by a zoning plan
(a) If the residential zoning application ~s to amend an
existing concept plan, development plan, detailed
plan, or comprehensive site plan an an existing
Planned Development, the zoning plan shall be m lieu
of such apphcat~on The approved zomng plan shall
thereafter supercede any prior approval of such plans
wathm the Planned Development
(b) If the residential zomng apphcat~on ~s to establish a
new residentml zoning d~stnct, including a Planned
Development, the approved zoning plan shall become
a part o£ the zomng for the d~stnct In the case of a
Planned Development, the zomng plan shall be m heu
ora concept plan for the Planned Development
(2) No non-exempt restdentlal development apphcat~on shall be
approved until a zoning plan has been approved for the land
described an the epphcatlon The approved zomng plan
thereafter shall become a part of the regnlat~ons for the
resldent~al district in which the property is located, and
supercedes any inconsistent prowsions ofdismct regnlat~ons
(3) Zomng plans shall be processed and demded in accordance
w~th the procedures governing zomng amendments in section
Page 9 of 28
35-7 of the City Code of Ordinances The City Council may
impose on zoning plans such conditions as are necessary to
assure that the standards governing zoning plans and the
purposes of these interim regulation are met
(4) The property owner may elect to reserve portions of the
property for future residential development for development
approval after the adoption of the City's Development Code
Such tracts shall be clearly indicated on the zoning plan
The City Council also may modify or condition zoning plan
approval on the reservation of portions of the proposed
development until the City has adopted the Development
Code that ~mplements the pobc~es, goals and strategies
concerning residential land use, and related growth
management, housing and open space objectives set forth in
the newly adopted Comprehensive Plan
b Pr~ect Plans and Procedures
(1) No resldentml development application for land subject to an
approved zoning plan shall be approved until a project plan
has been approved for the land described in the application
that ~s consistent w~th the approved zomng plan If changes
are proposed to the approved zomng plan, the amendments to
the zomng must be approved applying standards apphcable to
zomng plans and using procedures for approwng zomng
plans
(2) ProJect plans shall be reviewed and decided by the City
Cotmcll following pubhc heanng and not,ce to property
owners in accordance with the C~ty's Courtesy Notice
procedures The Council may impose on project plans such
condmons as are necessary to assure that the standards
governing project plans and the purposes of these interim
regulation are met
c Design Plans and Procedures
(1) Every res~dentaal development partmlly exempt under Section
A 3(f) shall require an approved design plan The design
plan shall be approved prior to approval of a bmldlng permit
for multi-family and prior to approval of a final plat for single
family
Page 10 of 28
(2) The design plan shall be rewewed and decided by the
Planning and Zomng Commission, subject to appeal to the
City Council
d Criteria
The City Council or the Planmng and Zoning Commission, as the
case may be, shall determine whether to approve, approve
conditionally or deny the apphcatlon for approval of a zomng plan,
project plan or design plan ~n accordance w~th the standards m these
~ntenm development regulatmns and w~th the C~ty's Comprehensive
Plan, pursuant to the discretion vested by state law or city charter
2 Zomng Plans
a An apphcatlon for approval of a zomng plan shall contmn the following
(1) ProJect name, vlmmty map, scale, north arrow, and date
(2) A general layout of the development, showing the general
configuration and location of proposed land uses for the property to
be developed for resadenttal land use and any contiguous property ~n
umfied ownership
(3) A computation of residential density for each type of residential use,
consistent with standards set forth in th~s ordinance
(4) Any reservations or dedications proposed
(5) Location of all Environmentally Sensxt~ve Areas, ~nclud~ng any field
inspection mformatmn that provides more detml for clarification
purposes, and an ~nd~catlon of any planned mitigation to changes to
natural features
(6) All open space to be preserved, together w~th intended density
transfers, consistent w~th standards set forth ~n this ordinance
(7) All recreation faclhtles proposed, consistent w~th standards set forth
in this ordmance
(8) In the case of s~ngle family and two family development, the proposed
range of lot sizes and the numbers of lots wltinn each proposed
category
(9) A summary of proposed design elements, if any
(10) An assessment ofpubhc famht~es, demonstrating the adequacy of or
provision for public faclhtles serving the proposed development
(11) Proposed compat~bthty measures to be ~ncorporated into the project
design, including adjacent density, bmld~ng materials, garage
standards, or buffering and screemng from adjacent uses
(12) Zoning designations adjacent to the proposed development
Page 11 of 28
(13) The proposed method, connection, prowder, and location of
(a) The proposed water system
(b) The proposed wastewater system
(c) The proposed method of drainage of the property
(d) The proposed method of erosion and sedimentation control
(15) Location of dramage ways, enwronmental buffer zones, or pubhc
utthty easements ~n and adjacent to the proposed development
(16) Location and size of ex,sting utthtles along or within any easement
(17) Limits of 100-year floodplmn and floodway
(18) A Traffic Impact Analys~s shall be required for any proposed site
development that can be reasonably expected to generate more than
1,000 vehicle trip ends dunng a s~ngle day and/or more than 100
vehicle trip ends dunng a single hour
(19) Drainage Study
(20) Water and Wastewater Demand Calculations
(21) Location ofex~stmg utthtles
(22) Any other ~nfonnat~on deemed necessary by the Director to analyze
the project
b Standards Anuhcable to Zomn~ Plans
(1) Nature of Standards
The standards contained in this section are mlmmtan
standards These interim development regulations are not
intended to hmlt the d~scret~on of the City Councd to deny an
apphcat~on for zomng plan that achieves the mlmmmn
standards contmned in th~s section, or to condition the
apphcatlon based upon overall cons~deratmns of health, safety
and general welfare
(2) ~eratlon
In consldenng the approval of a zoning plan the C~ty Cotmcfl
may consider the current zomng of the subject property, the
densities recommended by the Comprehensive Plan, the base
dens,ties, density criteria, density transfers and density
increases set forth ~n this ordinance and overall cons~derations
of health, safety and general welfare
(3) Density Increase Reamres Rezomng
Whenever an apphcant for approval of a zoning plan requests
either an increase in residential density pursuant to the rules
Page 12 of 28
in this ordinance ~n excess of that authorized in an ex~st~ng
Planned Development, or ~n the event that an increase or
transfer tn residential density, ~f granted, would result in a lot
size that exceeds the minimum lot size ~n the existing
msldent~al zomng chstnct, he must also seek a rezomng of the
existing res~dentml zomng dmtnct to a Planned Development
c Base Density
Except as otherwise prowded ~n this ordinance, no residential
development shall have a gross density that exceeds the "base"
residential density standards set forth below The actual number of
dwelhng umts allowed may be less than the maximum theoretically
allowed for the residential development under base density, based
upon overall considerations of health, safety and the general welfare
(1) For s~ngle-famtly developments, three (3) dwelhng tm~ts per
gross acre
(2) For multi-family or smgle-fanuly attached developments, eight
(8) dwelhng traits per gross acre
d Density Transfer
Residential density may be transferred from enwronmentally
sensitive areas, provided that such areas are dedicated to the pubhc or
separately platted as common areas for usable open space Maximum
density transfer shall be computed according to the following rules
(1) Base res~dentlal density shall be expressed as gross density
(2) The base residential density shall be separately computed for
each res~dantlal tract and for each resldentml comprehensive
plan category ~ncluded within the s~te, exclusive of floodplmn
areas
(3) For environmentally sensitive areas, gross density shall be
asmgned according to the following rules
(a) a density of zero, ~f no density is proposed to be
transferred, or the area ~s required to be dedicated in
order to meet the requirements of the C~ty's park
dechcat~on ordinance,
Page 13 of 28
(b) a density of up to fifty percent (50%) of the base
residential density for environmentally sensitive areas
for which density is proposed to be transferred,
(c) a density of 0 dwelling units per gross acre for
floodway areas
e Reqmrements for Increased Density
(1) General Criteria
An increase in base resldentml density may be authorized by
the City Council if, based upon the zomng plan, the proposed
resldentml development provides amemtles that
(a) mmgate the impacts of resldentml densities greater
than that of the base residential density,
(b) provide superior project design,
(c) ~ncrease project open space, pursuant to criteria
covered in this ordinance,
(d) enhance the quahty and usabthty of open space for the
project and preservation of natural features
preservation within the proj eot,
(e) benefit the commtmlty as a whole, ~n addition to
benefiting the residents of the development
(2) Criteria for Increased Multi-family Dens,tv
Where an increase in base mult~-famdy density is requested,
the following geographic criteria shall be considered
(a) In areas designated as Commumty Activity Centers,
density of up to 14 units per gross acre may be
appropriate
(b) In areas designated as Regional Act~mty Centers and
the Downtown Umverslty Core D~stnct, a density of
up to 20 units per gross acre may be appropriate
Page 14 of 28
(c) Multi-family Concentrations The size of multi-family
concentrations in Neighborhood Centers shall vary
from 100 to 200 dwelling units in one location
depending on access to a specific category of
thoroughfares
Direct access to freeway - up to 200 units
n Direct access to primary or secondary arterial
- up to 150 units
Direct access to collector street - up to 100
units
Multi-family concentrations shall be located at least V2 mile
from the nearest multi-family concentration
(3) Maximum Densities
Density increases may be awarded based upon the criteria
contained in this section However, gross density shall not
exceed
(a) For single-family developments, four and one-half
(4 5) dwelling units per gross acre
(b) For multi-family, single-family attached, or single-
family attached developments located in MF dlsmcts
within,
Existing Neighborhoods and Neighborhood
Centers, twelve (12) dwelling units per gross
acre
i1 Community Mixed Use Centers, twenty (20)
dwelling units per gross acre
Regional Mixed Use Centers and the
Downtown University Core District, ttnrty-slx
(36) dwelling units per gross acre
(4) Specific Criteria for Increased Density
Page 15 of 28
(a) Open Space - A density increase not exceeding ten
(10) percent may be achieved by meeting the
following schedule
Up to one (1) percent increase in density may
be awarded if the project plan designates five
(5) percent of the project land area for open
space
il Up to one (1) percent increases in density may
be awarded for each additional one (1) pement
of designated open space
(b) Recreational Facilities - A density increase not
exceeding ten (10) percent can be achieved if a
proposed development quahfies for the maximum
credit offered by the park land dedication
reqmrements of Article III, Chapter 22 of the Code of
Ordinances of the City
(c) School Site Dedication - A density increase not
exceeding ten (10) percent can be achieved through
the dedmatlon of a School District approved site
(d) Housing Affordabthtv - A density increase not
exceeding ten (10) percent can be achieved with a
project having a minimum of 50% of all dwelhng
units eligible to participate in home ownership
programs offered by the City of Denton
(e) Deslen Features - For every three of the following
design features listed below, an increase in density of
up to 0 1 units per acre may be awarded These
design features, if used, must be indicated on the
Zoning Plan Such a density increase may be
conditionally approved subject to a more detmled
depiction on a project plan Where a particular design
feature pertains to a standard that already is required
to some degree for base density approval, increased
density will be considered only to the degree that the
proposed amenity exceeds such requirements
Page 16 of 28
0) Roadway connectivity to adjacent
development - one street connection for each
650 linear feet of adJacency
(n) Street trees - One (1) street tree per 50 lmear
feet of lot boundary adjacent to a street
(m) Variety of lot sizes - At least twenty (20)
percent of resldentml lots within the project
must be less than eighty (80) percent of the
average lot size At least twenty (20) percent
of the residential lots wlttun the project must
be greater than one hundred twenty (120)
percent of the average lot size
0v) H~ke and b~ke trails - H~ke and b~ke trml
~ndependent from s~dewalks ~s provided that
connects pubhc faethties or dedicated flood
plain areas
(v) Common parking areas - Parking areas are
prowded w~th~n the right of way ~n other than
parallel parking form subject to approval of an
appropriate design
(v0 Traffic calming dewces - Approved traffic
calming devices are incorporated ~nto the
street patterns
(w0 Fences - Along an arterial or collector street,
fenmng is constructed of quahfied masonry
products, incorporates such design features as
accent columns, articulation, or caps Along
an arterial and collector street, openings ~n
fences to provide visual entry into the project
area and the use ofberms ~f appropriate
(vm) Landscaped area or art - Landscaped features
such as fountmns, gardens, or other features
that enhance the project Art such as
monuments or other sculptural objects that
enhance the project may also be considered
Such elements must be visible and accessible
to the pubhc
Page 17 of 28
0x) Transit facdlt~es ~ the prowslon of bus turn-
outs and covered seating areas for bus riders
f ¢omgatlbd~tv Standards
(1) Zoning plans must demonstrate that the
proposed development ~s compatible w~th the
exmt~ng and planned adjoining uses and the
character of the neighborhood in which the
project ~s located Specifically the following
standards should be ~ncorporated ~nto Zoarng
plans
(a) Density The density of the developed
area of the project within 500 feet of
adjacent res~denttal development
should not exceed the average gross
density of the adjacent residential
development w~thln 500 feet of the
project boundary Th~s provision
should not reduce project density
below the base density
(b) Masonry If the majority ofdwelhng
umts within 500 feet of the boundary
of the project have at least 50% of all
elevations (excluding windows and
doors) comprised ofquahfied masonry
products, then all dwelhngs w~th~n the
project should have elevations
comprised of no less than 75%
quahfied masonry products
(c) Garaee Spaces If the majority of
dwelhng units w~th~n 500 feet of the
boundary of the project have at least
two enclosed parking spaces (garage
spaces), then all dwellings within the
project should have at least two
enclosed parking spaces
Page 18 of 28
(2) Landscaping and screening shall be used to
ensure compatlblhty with adjoining uses
according to the following standards
(a) For existing uses adjacent to proposed
single-family residential development
Existing multi-family and single
family attached uses shall be screened
with the following attributes
(1) Mlmmum bufferyard width of
15 feet,
(u) Mlmmum number of canopy
trees equal to 1 per 25 hnear
feet ofbufferyard, and
(111) Mlmmum number of
understory trees equal to I for
each canopy tree
(b) For existing uses adjacent to proposed
single-family (detached) or multi-
family or single-family (attached)
remdentml development
Existing non-residential uses other
than Industrial or manufacturmg uses
shall be screened with the following
attributes
0) Mlmmum bufferyard w~dth of
15 feet,
(n) Mlmmum number of canopy
trees equal to 1 per 20 hnear
feet ofbufferyard, and
(111) Minimum number of
understory trees equal to 1 V2
for each canopy tree
Existing ~ndustnal or manufactunng
uses shall be screened w~th the
following attributes
Page 19 of 28
(c) 0) M~mmum bufferyard w~dth of
20 feet
(n) M~mmum number of canopy
trees equal to 1 per 15 hnear
feet ofbufferyard, and
(m) M~mmum number of
understory trees equal to 2 for
each canopy tree
g Adeouate Public Famht~es
(1) The land proposed for development must be
served adequately by essentml pubhc facdit~es
and servmes No development apphcat~on
subject to these interim development
regulations may be approved unless and until
adequate public facthtles exmt or provision
has been made for water faclht~es, wastewater
facilities, drmnage fatalities and transportation
factht~es whmh are necessary to serve the
development proposed, whether or not such
facthtles are to be located w~th~n the property
being developed or offs~te
(2) Proposed pubhc ~mprovements shall conform
to and be properly related to the C~ty's
subdivision regulations, apphcable master
plans and capital ~mprovement plans
(3) The City may reqmre the phasing of
development or improvements ~n order to
maintain current levels of service for ex~st~ng
pubhc servmes and fac~ht~es or for other
reasons based upon mmntmmng the health,
safety and general welfare
3 Prolect Plans
a Pro~ect Plan Reamrements
A project plan shall contain the following
(1) All of the information contmned ~n a zomng plan which w~ll
be for information purposes only
Page 20 of 28
(2) All amenmes and design features for which a density increase
has been approved or conditionally approved ~n the zoning
plan
(3) Street names and locations of all existing and proposed streets
within or on the boundary of the proposed development,
right-of-way, pavement w~dths, sidewalks, and bikeways
(4) Lot layout with dimensions for all lot lines and lot area
(5) Location and use of all proposed and emst~ng buildings,
driveways, fences and structures w~thm the proposed
development Indicate which buildings are to remain and
whmh are to be removed
(6) Denmy and area calculations
(a) The total area m the development
(b) The number of dwelling un~ts m the development
(include multi-family umts by the number of
bedrooms in each unit, e g, ten (10) one-bedroom, 25
two-bedroom, etc)
(c) Area and percentage of the total project area coverage
by
Structures
Streets, roads, and alleys
m Sidewalks
Recreation areas
v Landscaping
The total area covered by tree canopy at
maturity of the trees
vn Parking areas
(7) Location and size of all ex~st~ng and proposed pubhc Utlht~es
in and adjacent to the proposed development with the
locations shown of
(a) Water lanes and dmmeters
(b) Sewers, manholes and cleanouts
(c) Stoma drmns and catch basins
(d) F~re hydrants
(e) Location and s~ze of all public utility easements
(8) Location, size, access, and screening of all dumpsters
(9) Location, size and use of contemplated and exmtlng public
areas w~thln the proposed development A topographic map
of the site at a two foot contour interval
Page 21 of 28
(10) Location of all parking areas and all parking spaces, ingress
and egress on the site, and on-site circulation
(1 l) Use designations for all areas not covered by braidings,
parking, or landscaping
(12) Locations of all significant landscape features including, but
not limited to, any existing healthy trees of a cahber greater
than six (6) inches, generally forested areas, and creeks,
wetlands, 100 year floodplmns, or ponds existing on the site
Indicate any planned mitigation to changes of a natural
feature
(13) A landscape plan showing m detml the location, type, and size
of the proposed landscaping and plantings
(14) The elevatmns, surface area ~n sq It, illmmnatlon type, height,
and construction (material and style), and locations of all
proposed s~gns for the development
(15) The typmal architectural elevations for all multi-family
bulld~ngs proposed on the property All project plans shall
md~cate the material, texture, w~ndows, doors, and other
design features of proposed structures, including all visible
mechanical equipment, such as for heating and coohng
Elevatmns shall be submitted drawn to scale of one (1) inch
equals ten (10) feet or greater
(16) Any other information deemed necessary to analyze the
project
b Project Plan Standards
(1) Minimum Project Plan Standards
The following mlmmum standards of project design shall be
addressed m the project plan
Open Snace
(a) Allocation of usable open space shall be made to each
phase of a proposed res~dentaal development,
according to the minimum open space reqmrements
established for the base density In the event that
common open space is not to be provided
propomonally by phase, the property owner shall
Page 22 of 28
execute a reservation of open space by grant of
easement or covenant m favor of the C~ty, authonzmg
the C~ty to dedicate all or a portion of such reserved
area to common open space m the event that the
development ~s not completed
(b) The design and tmpmvement of open space shall be ~n
accordance w~th the following standards
0) Open space areas shall be hnked to ex~st~ng
and planned public open space areas to
provide an overall open space system for the
Cay consistent w~th the C~ty's open space
plans
(u) Open space areas shall be arranged so as to
maximize access and utthzat~on by residents
of the planned residential development
project
(m) Where open space improvements are to be
provided, active recreation factht~es shall be
~nstalled A safe, secure and bamer-free
system of walking or equestrmn trads, paths,
b~keways, and/or walkways shall be designed
The system shall hnk residences with
recreation areas, schools, commermal areas
and pubhc factht~es
(c) All multi-family developments over 25 umts must
provide a nnmmum of fifteen (15) percent open space
(d) Recreational Facdttaes - All developments of 5 or more
dwelling units must provide park land or fees ~n lieu
of land according Artmle III, Chapter 22 of the Code
of Ordtnances of the C~ty
(e) Undemround~ - All developments must
provtde for underground ut~hty ~nstallat~on, excepting
electrical mmn sub-station feeders
(f) Interconnected streets - all streets must connect to
other streets at both ends, or prowde for the future
connection when adjacent to undeveloped property
Page 23 of 28
(g) Garage door orientation and setbacks - 40 percent of
all garage doors may not face the street Garage doors
of detached garages built in the rear yard of the
primary structure and those on a comer lot that face a
secondary street are excluded No more than three (3)
consecutive dwelling elevations may have garage
doors in the same plane (orientation and setback) Of
those garage doors that face the street, at least sixty
(60) percent must have setbacks of at least four (4)
feet behind the primary front wall of the dwellmg
(2) Lot Size
(a) The standard minimum lot size for single-family
detached dwellings at base density without density
transfers or increases shall be 10,000 square feet
(b) With density transfers from Environmentally Sensitive
Areas, base density may be converted to a mix of
single-family residential lot sizes, with an average lot
size of 6,000 square feet subject to compliance with
other development standards contmned in these
interim regulations
(e) With density transfers from Environmentally Sensitive
Areas and density increases, base density may be
converted to a mix of single-family residential lot
sizes, with an average lot size of 5,000 square feet
subject to compliance with other development
standards contained in these interim regulations
4 Design Plan
Design Plan Reamrements
a A design plan shall contain the following
(1) Street names and locations of all existmg and proposed streets
wltlun or on the boundary of the proposed development,
right-of-way, pavement widths, sidewalks, and bikeways
(2) Lot layout with dimensions for all lot lines and lot area
(3) Location and use of all proposed and existing buildings,
driveways, fences and structures within the proposed
Page 24 of 28
development Indicate which buddings are to remmn and
which are to be removed
(4) Density and area calculations
(a) The total area in the development
(b) The number of dwelling units ~n the development
(include mult~-famdy units by the number of
bedrooms ~n each umt, e g, ten (10) one-bedroom, 25
two-bedroom, etc)
(c) Area and pementage of the total project area coverage
by
Structures
Streets, roads, and alleys
In Sidewalks
Recreatton areas
v Landscaping
vi The total area covered by tree canopy at
maturity of the trees
vn Parking areas
(5) Location and size of all ex~stlng and proposed public ut~lltmS
in and adjacent to the proposed development w~th the
locations shown of
(a) Water hnes and diameters
(b) Sewers, manholes and cleanouts
(c) Storm dratns and catch basins
(d) Fire hydrants
(e) Location and s~ze of all public utility easements
(6) Location, sxze, access, and screemng of all dumpsters
(7) Location, s~ze and use of contemplated and existing pubhc
areas wtthln the proposed development
(8) A topographic map of the site at a two foot contour ~nterval
(9) Location of all parking areas and all parking spaces, ~ngress
and egress on the site, and on-site circulation
(10) Use designations for all areas not covered by braidings,
parking, or landscaping
(11) Locations of all s~gnlficant landscape features ~nclud~ng, but
not hm~ted to, any existing healthy trees of a caliber greater
than six (6) ~nches, generally forested areas, and creeks,
wetlands, 100 year floodplmns, or ponds exlsUng on the s~te
Page 25 of 28
Indicate any planned mitigation to changes of a natural
feature
(12) A landscape plan showing m detml the location, type, and size
of the proposed landscaping and plantings
(13) The elevations, surface area in sq fl, lllummatmn type, height,
and construction (material and style), and locations of all
proposed signs for the development
(14) The typical architectural elevations for all multi-family
buildings proposed on the property All design plans shall
mdmate the material, color, texture, windows, doors, and
other design features of proposed structures, including all
visible mechanical equipment, such as for heating and
cooling Elevations shall be submitted drawn to scale of one
(1) inch equals ten (10) feet or greater
(15) Any other reformation deemed necessary to analyze the
project
Section F RChef Procedures
1 The applicant may petttlon the City Council for rehef from these
interim development regulations by requesting such rehefln wntmg
2 The City Councd shall not relieve the applicant from the requirements
ofthts ordinance, unless the applicant first presents credible evidence
from whmh the City Councd can reasonably conclude that the
imposition of the residential density hmltat~ons or other development
standards depnves the applicant of a vested property right or depnves
the applicant of the economically viable use ofh~s land
3 In dec~dmg whether to grant relief to the apphcant, the City Council
shall take into conmderatlon the following
(a) whether granting relief from the residential density hmltatmns
or other development standards contmned in these interim
development regulations, in the absence of permanent
rewslons to the City's Land Development Code that
implement the provisions of the comprehensive plan
jeopardizes the City's best interests in preventing such
effects,
(b) the smtabd~ty of the proposed residential uses in hght of land
uses allowed in the zoning districts on property adjacent to
the proposed site,
Page 26 of 28
(c) the ~mpact of the proposed resldent~al use on the
transportation and other pubhc fatalities systems affected by
the development,
(d) the measures proposed to be taken by the apphcant to prevent
negative ~mpacts of the proposed use on the neighborhood,
(e) the hkehhood that sufficient rehef w~ll be prowded to the
apphcant following adoption of the C~ty's Development
Code,
(f) the total expenditures made ~n cormect~on w~th the proposed
res~denttal development ~n rehance on prior regulations,
~ncludlng the costs of ~nstalhng tnfrastructure to serve the
project,
(g) any fees reasonably prod ~n connection with the proposed use,
(h) any representatmns made by the City concerning the project
and reasonably rehed upon to the detriment of the apphcant
4 The C~ty Council may take the following actions
(a) deny the rehef request,
(b) grant the rehef request, or
(c) grant the rehef request subject to conditions consistent w~th
the cnterla set forth ~n th~s section
5 Any rehef granted by the City Cotmcd shall be the m~mmum
dewat~on from ordinance reqmrements necessary to prevent
deprivation of a vested property right
SECTION II ENVIRONMENTALLY SENSITIVE AREAS MAP
The Environmentally Sensitive Areas Map, attached hereto to as Exhibit A, ~s hereby ~ncorporated
into th~s ordInance, and shall be used to assist ~n the evaluatton of zorang plans and project plans for
comphance w~th requirements pertmnmg to preservation of Environmentally Sensitive Areas
SECTION III ~
Page 27 of 28
If any provision of this ordinance or the application thereof to any person or circumstance is held
mvahd by any court, such invalidity shall not affect the validity of other promslons or applications,
and to this end the provisions of this ordinance are severable
SECTION VI RECISSION OF MORATORIUM
Ordinance 99-473, adopted by the City Council on December 14, 1999, shall be rescinded and
repealed m its entirety upon the effective date of tbas ordinance Ordinance 99-440, adopted by the
City Council on December 7, 1999, and having been replaced by Ordinance 99-473, shall remain
rescinded and repealed
SECTION VII ~
Save and except provisions hereby amended or superseded, all remaining sections, sentences and
paragraphs of the Code of Ordinances of the City of Denton shall remain in full force and effect
SECTION VI ~
This ordinance shall become effective upon the date of its passage and approval
/~ day o f ,ff...~ ~'~ ,2000
PASSED AND APPROVED this the
JACI~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ~~
Page 28 of 28
ORDNANCE NO
AN ORD[NANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO.
2000-046 COMMONLY CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO
PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING A SAVINGS CLAUSE.
WHEREAS~, the City of Denton has enacted Ordanance No 2000-046 (the "Resadentlal
Interim R~gulataons ') to amplement porttons of the new Comprehensive Plan on an interim basas
until suehltune as the Caty comprehensavely amends ats Code of Ordinances to amplement the new
Compreh~s~ve Plan's polices, goals and strategtes, and
WHEREAS, the Caty Council finds that it is in the public anterest to make certain
amendments to the Resadentml Interim Regulations relating to the exemptaons, and
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS
SECTI°N 1 Subseetwn A 3(a) of Ordinance No 2000-046 pertaining to an exemption for land
contaimng 5 acres or less is hereby amended to read as follows
Thas ordanance does not apply to
(a) a res~dentaal development apphcataon for approval of land not more than 5
acres In SIZe,
SBCTION 2 All other provxsaons of Ordinance No 2000-046 shall reramn in full force and effect
SECTION 3 If any provaslon of thas ordinance or the apphcatlon thereof to any person or
clrcumstmce as held anvahd by any court, such mvalldaty shall not affect the vallchty of other
provasaon~ or apphcatlons, and to th~s end the prowsmns of this ordinance are severable
SECTION 4 Tlus ordinance shall become effecttve upon the date ofats passage and approval
PASSED AND APPROVED thas the day of ~5~ff..~ ,2000
EULINE BROCK, MAYOR
Page 1 of 2
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY~TTORNEY
Page 2 of 2
NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NOS
2000-0461 AND 2000-178 COMMONLY CALLED THE "RESIDENTIAL INTERIM
REGULATIONS" TO PROVIDE FOR REVISIONS TO THE EXEMPTIONS TO SAID
REGULATIONS; PROVIDING FOR SEVERABILITY, PROVIDING AN EFFECTIVE
DATE, AND PROVIDING A SAVINGS CLAUSE
WHEREAS, the City of Denton has enacted Ordinance No 2000-046 which was later
amended by Ordinance No 2000-178 (the "Resldentml Interim Regulatmns') to ~mplement portions
of the neW Comprehensive Plan on an ~ntenm basis until such time as the C~ty comprehenmvely
amends its Code of Ordinances to implement the new Comprehensive Plan's pohces, goals and
strategies, and
WHEREAS, the C~ty Council finds that ~t is in the pubhc ~nterest to make ce~tmn
amendments to the Res~dentml Interim Regulations relating to the exemptions, and
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS
SECTION 1 Subsection A 3(a) of Ordinance No 2000-046 as mnended by Ordinance No 2000-
178 pertmmng to an exemption for s~ze of development less ~s hereby amended to read as follows
Tbas ordinance does not apply to
(a) a single family resldentml development apphcatlon for approval of land not
more than 50 acres in raze and a mult~-famdy resldentml development
apphcatmn for approval of land not more than 5 acres ~n s~ze,
SECTION 2 Subsection E 2 b(2) of Ordmance No 2000-046 as amended by Ordmance No 2000-
178 pertmnmg to denstty conmderatlon m hereby amended to read as follows
(2) Density Cons~deratmn
In cons~denng the approval of a zoning plan the C~ty Council may consider
the current zoning of the subject property, the densities recommended by the
Comprehensive Plan, the base dens,tins, density criteria, denmty transfers and
density increases set forth m th~s ordinance and overall conslderat~ons of
health, safety and general welfare Notwithstanding anything contmned
here~n to the contrary, the mammum base densities, density transfers, and
other density criteria contained ~n tbas ordinance are intended to be guidelines
and do not resmct the C~ty Councd fi.om permitting densities that exceed such
density maximums or criteria
Page 1 of 2
SECTION 2 All other promslons of Ordinance Nos 2000-046 and 2000-178 shall remmn in full
force and effect
SECTION 3 If any provision of this ordmance or the application thereof to any person or
mmumstance is held invalid by any court, such invalidity shall not affect the validity of other
provlmons or apphcat~ons, and to this end the provisions of this ordinance are severable
SECTION 4 This ordinance shall become effective upon the date of its passage and approval
PASSED AND APPROVED this the ~/'~-~--day of _t~_~f~_.d. ~'~' ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ,
Page 2 of 2
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, SUPERCEDING ORDINANCE
NO 2001-303 AMENDING ORDINANCE NOS 2000-046 AND 2000-178 COMMONLY
CALLED THE "RESIDENTIAL INTERIM REGULATIONS" TO PROVIDE FOR
REVISIONS TO THE EXEMPTIONS TO SAID REGULATIONS, PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS
CLAUSE.
WHEREAS, the City of Denton has enacted Ordinance No 2000-046 which was later
amended by Ord,nance No 2000-178 (the "Residential Interim Regulations") to implement pomons
of the new Comprehensive Plan on an interim basis until such t~me as the C~ty comprehensively
amends its Code of Ordinances to implement the new Comprehensive Plan's pohces, goals and
strategies,
WHEREAS, on August 21, 2001 the C~ty Council approved certmn amendments to the
Residential Interim Regulations pursuant to Ordinance No 2001-303,
WHEREAS, pursuant to Section 7 11 of the Rules and Procedure of the C~ty Council a
motion to reconsider the approval of Ordinance No 2001-303 was considered and approved on
September 4, 2001,
WHEREAS, the City Council finds that it is in the pubhc ~nterest to make certmn
amendments to the Residential Interim Regulations and to supercede Ordinance No 2001-303 w~th
thru ordinance, and
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDA1NS
SECTION 1 Subsection A 3(a) of Ordinance No 2000-046 as amended by Ordinance No 2000-
178 pertmmng to an exemption for size of development is hereby amended to read as follows
Th~s ordinance does not apply to
(a) a single family res,dentlal development application for approval of land not
more than 25 acres in size and a mulmfamdy residential development
apphcat~on for approval of land not more than 5 acres in sxze,
SECTION 2 Subsection E 2 b(2) of Ordinance No 2000-046 as amended by Ordinance No 2000-
178 pertmmng to density consideration is hereby amended to read as follows
Page 1 of 1
(2) Density Consideration
In considenng the approval of a zoning plan the City Council may consider
the current zoning of the subject property, the densities recommended by the
Comprehensive Plan, the base densities, density criteria, density transfers and
density increases set forth in this ordinance and overall considerations of
health, safety and general welfare Notwithstanding anything contained
herein to the contrary, the maximum base densities, density transfers, and
other density criteria contained in this ordinance are intended to be guidelines
and do not resmct the City Council from permitting densities that exceed such
density maximums or criteria
SECTION 2 All other provisions of Orthnance Nos 2000-046 and 2000-178 shall remain an full
force and effect This ordinance supercedes Ordinance No 2001-303 In ItS entirety
SECTION 3 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 other
provisions or applications, and to this end the provisions of this ordinance are severable
SECTION 4 This ordinance shall become effective upon the date of its passage and approval
PASSED AND APPROVED this the 4~--~Z day of ~O~J'~_.~ ,2001
EULINE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
Page 2 of 2
LEGEND
ns City of Denton ETJ
portaflon ! t ~ , Roberts
Railroads
Rails-to-Trails Sanger
Environmentally Sensitive Areas
CITY OF DENTON - INTERIM MAP N JANUARY - 2000
ENVIRONMENTALLY SENSITIVE AREAS ~
WETLANDS, FLOODPLAIN, STREAM BUFFERS, & TREE CANOPY
City of Denton
215 E. McKinney
Denton, Texas 76201
(940) 349-8230 t :7250