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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 Amended by Ordinance No. 2001-303 NOTE Ordinance No. 2001-303 superceded by Ordinance No 2001-345 ORDINANCE NO ~00-0~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTERS 34 AND 35 OF THE CITY OF DENTON CODE OF ORDINANCES;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 Page 2 of 28 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 Page 6 of 28 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 Page 7 of 28 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