2000-069 NOTE:' Amended by Ordinance No 2000-179
N01~ Repealed by 0rdlna.ce No. 2001-304
ORDINANCE NO. 2000-069
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING
INTERIM STANDARDS FOR APPLYING POLICIES OF THE ADOPTED
COMPREHENSIVE PLAN TO REQUESTS FOR ZONING AMENDMENTS AND
CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS
PENDING ADOPTION OF A REVISED DEVELOPMENT CODE; PROVIDING
FOR, ADMINISTRATION OF SUCH STANDARDS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY, PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A SAVINGS CLAUSE
WHEREAS, the C~ty of Denton has enacted by Ordinance No 99-439 a new Comprehenmve Plan
for the City of Denton on December 7, 1999, and supercedlng the Demon Development Plan, and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to the
location and intensity ofrotml and commercial land uses, and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances, including tnter
aha its zomr~g and subchvmon regulations, m order to implement such polices, goals and strategies, and
WHEREAS, ~t appears that substantml applications for approval of nonremdentml developments
are hkely to occur in the mtervenmg t~me period, and
WHEREAS, it further appears that approval of such development apphcations mconmstent w~th
the new Comprehenmve Plan m contrary to the intent and proposes of the plan, and
WHEREAS, the C~ty of Denton has enacted Ordinance 9%474, Ordinance 2000-017, and
Or&nanee 2000-065, establishing, amending, and extending a moratorium pending the adoption of
~ntenm standards for applying the pohmes of the comprehenmve plan for certain specified commermal
development apphcat~ons, and
WHEREAS, Chapter 219 of the Texas Local Government Code authorizes mummpaht~es to enact
regulations defimng the conmstency between comprehensive plan proposals and development regulations,
and
WHEREAS, a joint pubhc heanng between C~ty Council and the Planmng and Zoning
Commission was held on February 8, 2000, and
WI-tEREAS, a joint pubhc hearmg between City Council and the Planning and Zonmg
Commission was held on March 2, 2000, and
WHEREAS, the Planning and Zomng Commmmon made a neutral recommendation of these
~ntenm standards by a vote of 3-3 on March 2, 2000, and
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WHEI~EAS, the City is desirous of allowing property owners to proceed with development
applications [~r nonresidential uses pendang the adoption of permanent revisions to the Land
Development bode, subject to mtonm standards that safeguard the health, safety and general welfare of
the communltF, and
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS.
Section I. , Interim Develo_nment Regulations.
The followmg provisions hereby are incorporated as lntonm development standards pending the adoption
of permanent revisions to the City's Code of Ordinances that nnplement the pohcles, goals and strategies
contained m the adopted Comprehensive Plan concermng nonresidential land uses Pending adoption
of such permanent revisions, these lntenm development regulations shall supersede conflicting prows~ons
of the City Code of Ordinances, ~ncludmg in partlenlar and without hm~tation Chapter 34, Subdivisions,
and Chapter 35, Zoning, and shall read as follows
SEC'rION A. GENERAL PROVISIONS
1 ~.
It is the mtont and purpose of these regulations
a to faclhtate proper and detailed evaluation of nonresidential zomng and rezomng
appheations within city limits m order to render such applications consistent w~th
the poheles, goals and strategies concerning land use, land use intensity, and
related growth management objectives set forth in the newly adopted
Comprehensive Plan, pending adoption of revisions to Chapters 34 and 35 and
other appheable provisions of the City's Code of Ordinances (which changes
hereinafter collectively are referred to as the "Development Code") that
lmplemant such pohe~es, goals and strategies,
b to facilitate proper and detailed evaluation of nonres~dentml prehmlnat3, and final
plat appheatlons within city limits in order to render such applications, to the
extent allowed by law, consistent with the policies, goals and strategies
concerning land use, land use intensity, and related growth management
objectives set forth m the newly adopted Comprehensive Plan, pending adoption
of revisions to Chapters 34 and 35 and other applicable provisions of the C~ty's
Code of Ordmances (which changes hereinafter collectively are referred to as the
"Development Code") that ~mplement such poheles, goals and strategies,
e to permit property owners to submit apphcatlons for nonresidential development
dunng such interim penod, m order to receive prehmmary or final approval from
the City for such projects, subject to limitations herein set forth, and
d to integrate the hm~tatlons and standards hereto imposed w~th the Clty's existing
development regulations govermng retail and commercial land uses dunng the
pendency of this ordmance
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2 . Agniicabilitv.
These interim regulations apply to the following types of' nonresidential development
applications Requirements of this ordinance vary according to the type of appheatlon
subrmtted for approval
a Standards for zomng plans and project plans apply to the following types of
development applications and must be satisfied prior to approval of such applications
Standards for project plans may be satisfied at the same time or may be deferred, at
the property owner's discretion, for satisfaction at a later time, but no later than prior
to or contemporaneous w~th building permit approval
(1) an appheatlon to amend the City's zoning map to a nonresidential zomng
dlstnct classification provided for in the existing City Code of Ordinances,
including a Planned Development District eontalmng nonresidential land
use classlficataons,
(2) an appheatlon to amend a Concept Plan or Development Plan contmnmg
nonresldentml land use classifications in an existing Planned Development
District,
(3) an application to amend a Detmled Plan for nonresidential land use
classifications in an existing Planned Development District, where the
proposed changes to the detailed plan involve land use, lot size, lot
dimensions, lot coverage, or building size, unless the proposed changes
are consistent with an approved Concept Plan, or
(4) an application to approve a zoning application proposing nonresidential
land use classifications accompanying an annexation agreement,
b Standards for project plans apply to the following types of development
appheatlons and must be satisfied pnnr to approval of such applications
(I) an appheatlon to approve a Detailed Plan for nonresidential land use
classifications in an existing Planned Development District, in winch a
Concept Plan or Development Plan was approved for the property and
winch does not propose changes to such Concept plan or Development
plan,
(2) an apphcat~on to amend a Detailed Plan for nonresidential land use
classifications in an existing Planned Development District, in winch a
Concept Plan or Development Plan was approved for the property and
which does not propose changes that involve land use, lot size, lot
dimensions, lot coverage, or building size, or
(3) an application to approve development involving an existing
nonresldentml zomng district, or
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(4) an apphcatlon to replat land within an existing nonresldentml zomng
dxstnct, that increases the intensity of proposed land uses, through
increases m bmldmg size, lot coverage, or traffic generation
c All new and pending nonres~dentxal Planned Development Detmled Plan,
prelma~nary plat or final plat apphcataons that are not reqmred to submxt a Zomng
Plan as per Seetmn A2 a, shall be evaluated for Comprehensive Plan
Consistency, subject to the standards and hm~tat~ons as herein set forth
d Any epphcat~on to amend a Concept Plan, Development Plan or Detmled Plan ~n
a Planned Development District(s) must ~nclude all contiguous, undeveloped land
m umfied ownership w~thm such D~stnct(s), and all such land is subject to the
reqmrements of this ordinance
This ordinance does not apply to
a any nonres~dentml development application accepted for fihng prior to December 15,
1999 for which Concept Plan, Development Plan, or Detailed Plan approval occurred
on or after April 7, 1998 but before the effecnve date of this ordinance, or
b any property located within the Central Business D~strlct
4. P_arafl~
This ordinance shall remain in effect untd such t~me as the C~ty enacts ~ts Development
Code, as reflected ~n Section 1 2 a, to ~mplement the pohc~es, goals and strategies
concermng nonresldentml land uses and related growth management objecttves set forth
m the newly adopted Comprehensive Plan
5. Effect on Other Regulations.
It ~s the intent of this or~hnance that the standards set forth herein supercede any
conflmtmg standards under ex~stmg development regulations that apply to the
development appheatmn It is the further mtent of this ordinance that prowsmns of
existing development regulations not m conflict with provisions of this ordinance remtun
m effect and that such provisions apply w~th full force and effect to the development
authorized under this ordmanee
SECTION B. ~.
For purposes oftlus ordinance, the following terms are defined to mean
~ means the status of a development apphcatmn following submission and
acceptance as complete by the D~rector of all appheat~on materials and documents reqmred by
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the City Code of Ordinances In addition, a development apphcatlon shall not be considered
accepted for filing if there is a eon&tlon precedent to the filing that has not been fulfilled
City means the City of Denton, Texas
Community .4etivitv Center means the area defined and described in the
Comprehensive Plan.
_C.q.O.g. iffi/.g/~ means a general concept plan as provided for m Chapter 35, Article IV of the Code
of Ordmanees of the City
D_.q/gl/glLg/~ means a detailed plan as provided for ~n Chapter 35, Article IV of the Code of
Ordinances of the City
Develonment at~nllcatton means the apphcatlon form and all accompanying documents and
exhibits required of the applicant by the City for development review purposes and includes any
of the following applications for nonresidential uses zonings, rezomngs, planned developments,
cone~pt plans, detailed plans, development plans, preliminary and final plats, and building
permits
~ means a development plan as provided for In Chapter 35, Article IV of the
Code of Ordinances of the City
Dtreetor means the Director of Planmng and Development or his designate
Dow#town University Core District means the area defined and described m the City of Denton
Coraprehenstve Plan.
DRC means the city's Development Review Committee
Ettvtronme.,,tntlv Sensitive Areas (ESAs) means an area that is shown on the
Env[ronmentally Sensitive Areas Mat~ The ESA map includes floodway, floodplain fringe,
riparian area, wetlands, ponds, lakes, rivers, and upland wooded habitat areas
Final nlat means a final plat as defined in Section 34-11 and as provided for in Section 34-15 of
the Code of Ordinances of the City
Floadt~lain means the area designated as subject to flooding 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 watereonrse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than a designated height Normally, the floodway will include the stream channel
and that portion of the adjacent land areas required to pass the base flood (one-hundred-year
flood) discharge without cumulatively increasing the water surface elevation any point more than
one (1) foot above that of the pre-floodway condition, including those designated on the flood
insurance rate map
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~ means the area located wltban the floodplain and outside the floodway
~ means the area defined and described m the City o£Det, ton Comvrehenstve
Plan.
Nonrqside~-t'-~L nonrestdenttal zonine district or nonrestdenttal uses means any land use that
is not a multi-family dwelling, two-family dwelling, one-family dwelling, attached, and one-
family dwelling, detached uses Tlus definition includes all land uses listed m Section 35-77 of
the Clty of Denton Code except all uses hsted under "B prtmarv Restdenttal Uses" and "J
Agricultural Tvt~e Uses - Farm or Ranch."
Planned development means a planned development district as defined in Chapter 35, Artacle IV
of the Code of Ordinances of the City
Preliminary t~lat means a preliminary plat as defined in Section 34-11 and as provided for in
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 eomphed wath The term includes person, firm, corporation, parmerstup or agent, attorney-m-
fact, manager or director, developer Such term as used in this chapter always includes one (1)
or more of the persons enumerated m this section who own all or any part of the land which is
contemplated to be developed
Qualified masonry oroduct means brick, stone, stucco or masonry material that repheates brick,
stone or stucco
Reaional Activity Center means the area defined and described in the ~
Comprehenstve Plan.
Rczonlntt means an apphcatlon for amendment, supplement or change to zomng as provided for
in Section 35-7 of the Code of Ordinances of the City and includes an application to amend or
apprOve a concept plan, development plan or detmled plan
Street tree means a tree that is listed on the city's list of ehglble street trees adjacent to a public
right, of-way
Zon/ne means an apphcatlon for the first zoumg classification and land use conchtlons apphcable
to real property as provided for m Chapter 35 of the Code of Orthnanees of the City the
establishment of a planned development and approval of a concept plan, development plan or
detailed plan
~ means the adoption of an ordinance approval zoning or rezomng and includes
approval of a concept plan, development plan or det0aled plan
~ means zoning district map as defined m Section 35-3 of the Code of Or&nances of
the City
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SECTION C. ~
1 Zonin~ Plan Reouirements.
Every nonresxdentlal development application ~dentlfied m Section A 2 a shall be
accompanied by a zoning plan The zomng plan shall be the basis for the City Council's
decision whether to approve, approve with conditions or deny the nonresidential
dev¢lopmont apphcatlon, based upon the standards set forth in thxs section, provided that
all other standards applicable to the nonresidential development application have been
met If the development apphcatmn already contains the mformatlon and documents set
forth in th~s sectxon, then such application may be treated as a zoning plan and shall be
evaluated under the standards m this section If the application is approved or approved
with ¢ondmons, the zoning plan shall be incorporated as a part of the approval
A zomng plan shall contain the following
a Project name, vlclmty map, scale, north arrow, and date
b The location and acreage of proposed land uses for the property to be developed
for nonresldentml land use and any contiguous property m umfied ownership For
each nonresidential land use that is proposed, the followmg information must be
provided
Proposed mlmmum lot size
Proposed minimum lot width and depth
Proposed bmlding lines Front, rear, and side
Proposed maximum Floor-to-Area Ratio (F A R )
e Any reservations or dedications proposed
d Location of all Envxronmentally Sensitive Areas, including any field mspecuon
information that provides more detail for clarification purposes, and an indication
of any planned mitigation to changes to natural features
e All open space to be preserved consistent with standards set forth in this
ordinance
f An assessment ofpubhc facflllaes, demonstrating the adequacy of or provision for
public facilities serving the proposed development
g Proposed compatibility measures to be incorporated into the project design,
including adjacent density, building materials, or buffenng and screening fi.om
adjacent uses
h Zomng designations adjacent to the proposed development
1 The proposed method, connection, provider, and location of
(1) The proposed water system
(2) The proposed wastewater system
(3) The proposed method of drainage of the property
(4) The proposed method of erosion and se&mentatlon control
j Locatxon of drainage ways, environmentally sensmve areas, or public utility
easements in and adjacent to the proposed development
k Location and size of existing utilities along or within any easement
1 Llmxts of 100-year floodplain and floodway
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m A Traffic Impact Analys~s shall be mqmred for any proposed site development
that can be reasonably expected to generate more than 1,000 velucle trip ends
dunng a smgle day and/or more than 100 vehmle trip ends dunng a single hour
n Vehmular hnkages, if any, to adjacent propemes ~n accordance with access
management pnneiples
o Drainage Study, to the extent needed to determine land areas subject to dethcat~on
or reservation for dnunage purposes
p Water and Wastewater Demand Calculations, to the extent needed to detennme
that adequate water and wastewater services are available to serve the property
q Location of ex~stmg uttl~tles
r Any other ~nfonnatlon deemed necessary by the Director to analyze the project
2 Standards Annheable to Zonln~ Plans
a. ~
The standards contoaned m this section govemmg zoning plans are minimum
standards These interim development regulations are not intended to limit the
disaretton of the C~ty Council to deny a noures~dentlal development application
that aclueves the mmunum standards contained m flus section, or to conchtion the
apphcation based upon overall considerations of health, safety and general
welfare
b. Comnrehens~ve Plan Consistanev Standards.
(1) Land Use Plan and Land Use Intensity.
Zomng plans for nonresldentml uses must demonstrate consistency w~th
the standards set forth in the comprehensive plan, ~ncludmg the land use
plan and chstnct designatmns
(2) Enwronmentally Sensitive Areas.
Enwronmentally Sens~Uve Areas (ESAs) shall be preserved to the fullest
extent possible, and shall be ~ntegrated with the design of the project
The zoning plan shall ~dentffy all ESAs contained wlthxn the
development and the methods undertaken to preserve the ESAs For
m~xed use projects, the nonresidential areas shall be clearly
differentiated from residentml areas m addressing the method of
preserving ESAs In designing nonresidential projects to preserve
ESAs, the following rules apply
(a) An ESA may be ~ntegrated with buffer yards and other open
space features on the s;tc and such areas may be mcluded m
calculating mmunum landscaping reqmrements for the project,
(b) The intensity of use for the nonresidenUal development may bc
~nereased on developable areas outside the ESA up to the
esmnated floor-to-area ratm achievable for the type of use
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proposed under the City's zomng regulations currently apphcable
to the property,
(c) Areas within the flood fringe used to provide parkmg areas for
the nonresidential development must provide pervious pavmg
materials
(3) Compatibility Standards
Zomng plans must demonstrate that the proposed development is
compatible w~th the existing and planned adjoining uses and the character
of the area m wlueh the project is located, as per the following standards
(a) Masonry If 50% of the structures located wltlun 200 feet of the
boundary of the project have at least 50% of all elevations
(exeludmg windows and doors) comprised of qualified masonry
products, then all structures within the project should have
elevations comprised of no less than 75% qualified masonry
products
(b) LandscaDme and Screenm~, Landscaping and sereemng shall be
used to ensure eompaUbflay with adjoining uses according to the
following standards
(1) For existing single-family residential land uses adjacent to
proposed nonresidential development
1 Minimum bufferyard width of 20 feet
n Minimum number of canopy trees equal to 1 per 15
linear feet of bufferyard, and
iii Mlmmum number of understory trees equal to 2 for
each canopy tree
(2) For existing multi-family residential land uses adjacent to
proposed nonresidential development
1 Minimum bufferyard width of 15 feet
ii Minimum number of canopy trees equal to 1 per 20
linear feet ofbufferyard, and
iii Mlmmum number ofunderstory trees equal to 1V2 for
each canopy tree
(3) For existang nonresidential land uses considered to be lower in
land use ~ntenslty adjacent to proposed nonresidential
development considered to be higher in land use intensity
1 Minimum bufferyard width of 10 feet
ii Minimum number of canopy trees equal to 1 per 25
linear feet ofbufferyard, and
iii Minimum number of understory trees equal to 1 for
each canopy tree
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(4) Adequate Public Factht~es
(a) The land proposed for development must be served adequately by
essential pubhc facdlttes and servmes No development apphcatmn
subject to these interim development regulations may be approved
unless and untd adequate pubhc faclhtles ex~st or provtsion has
been made for water factht~es, wastewater facilities, dramage
faetht~es and transportatmn facthtles which are necessary to serve
the development proposed, whether or not such facilities are to be
located wtthm the property being developed or offs~te
(1) Proposed pubhc ~mprovements shall conform to and be
properly related to the Ctty's subdtmston regulatmns,
applicable master plans and capital ~mprovement plans
(2) The C~ty may require the phasing of development or
~mprovements m order to mamtam current levels of service
for ex~stmg public services and facthtles or for other
masons based upon malntmmng the heal, h, safety and
general welfare
SECTION D. ~
1 Project Plan Reouirements
Every nonresidential development apphcat~on ~denUfied m Section A 2 b and which ts
not exempt under Sectton A 3 shall be accompamed by a project plan In addmon,
every development apphcat~on ~dentffied m Secuon A 2 a which deferred sattsfactlon
of project plan requirements at the tune of approval of the zoning plan must receive
project plan approval prior to or contemporaneous with braiding pernm approval The
project plan shall be the basis for the Ctty Counctl's dectston whether to approve,
approve with condmons or deny the nonresidential development apphcauon, based upon
the standards set forth m this section, provided that all other standards applicable to the
nonres~dentml development apphcatlon have been met If the development apphcatton
already contains the mformaUon and documents set forth m thts section, then such
apphcatton may be treated as a project plan and shall be evaluated under the standards
m thts section If a Zoning Plan contains several parcels that the property owner intends
to develop m a smular manner with sunfiar destgn charactenmcs, Council shall revtew
and approve the first ProJect Plan, and may specify the condmons under which
subsequent Project Plan approvals may be approved by the Director of Planning &
Development If the apphcatton is approved or approved wtth condmons, the project
plan shall be incorporated as a part of the approval Any Project Plan shall be valid for
twenty-four (24) months from the date of ~ts approval If no constructton begins
pursuant to a bmldmg pernut within the twenty-four (24) months, the Project Plan shall
automatically expire and no longer be vahd
A project plan shall contmn the following
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a All of the information contained m a zomng plan, which will be for informational
purposes only
b Street names and locations of all existing and proposed streets within or on the
boundary of the proposed development, right-of-way, pavement widths,
sidewalks, and bikeways
c Lot layout with dimensions for all lot hnes and lot area
d Location and use of all proposed and existing braidings, driveways, fences and
structures within the proposed development Indicate which bmldlngs are to
remain and which are to be removed
e Area calculations
(1) The total area m the development
(2) The gross floor area of all existing and proposed structures
(3) Area and percentage of the total project area coverage by
i Structures
i1 Streets, roads, and alleys
iii Sidewalks
iv Recreatmn areas
v Landscaping
vi The total area covered by tree canopy at maturity of the trees
vii Parlang areas
f Location and size of all existing and proposed public utilities in and adjacent to
the proposed development with the locations shown of
(1) Water lines and dmmeters
(2) Sewers, manholes and cleanouts
(3) Storm drains and catch basins
(4) Fire hydrants
(5) Access, location, and screening of all dumpsters
(6) Location and size of all public utihty easements
g Location, size, and use of contemplated and existing public areas within the
proposed development
h A topographic map of the site at a two-foot contour interval
1 Location of all parking areas and all parking spaces, ingress and egress on the site,
and on-site circulation
j Use designations for all areas not covered by bmldmgs, parking, or landscaping
k All mformat~on necessary to demonstrate compliance with the terms and/or
cond~tions of Zomng Plan approval in relation to Enwronmentally Sensitive
Areas
1 A landscape plan showing in detail the location, type, and size of the proposed
landscaping and plantings, and all calculations necessary to indicate comphance
with Chapter 31 of the Code of Ordinances
m The elevations, surface area m sq fi, illumination type, height, and construction
(material and style), and locations of all proposed signs for the development
n Architectural information as required by this section for all structures proposed
within the Project Plan area All Project Plans shall indicate the material,
windows, doors, and other design features of proposed structures, including all
visible mechanical equipment, such as for heating and cooling Elevation
drivings may be provided, and shall be submitted drawn to scale of one (1) tach
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equals ten (10) feet or greater Text descnpOons shall mclude performance
standards that will apply to Project Plan structures as necessary to indicate
compliance w~th the Project Plan standards
o Any other information deemed necessary to analyze the project
2. Prolect Plan Standards.
a. Minimum Pro,eot Plan Standards
The following munmum standards of project design shall be addressed m the
project plan
(1) IJ21~L~j~LI~i~i~ - All developments must provide for underground
utlhty ~nstallat~on, excepting electrical mmn sub-station feeders
(2) ~- Where apphcable, all streets must connect to other
streets at both ends, or provide for the future counect~on when adjacent to
undeveloped property
(3) Architecture - The nonresident~al project shall employ an architectural
design that is compatible with the physical dtmenslons and features of
the subject property and w~th adjacent land uses, based on the following
factors
(a) All bmld~ngs and structures comprising the project should have
an integrated design,
(b) Buildings generally shall be oriented toward the street, and major
entranceways should face the street,
(e) Building scale, mcludmg the height and bulk of structures, should
be internally consistent and should be similar to the scale of
adjacent nouresident~al structures, ~f any,
(d) Mechanical eqmpment and storage areas shall be screened from
the street and from adjacent residential land,
(e) Facades should incorporate windows, jogs, offsets or mmllar
features to prowde v~sual divers~ty,
(f) Roofs, alcoves, porticos or awnings should be used where
feasible to protect pedestrians from the effects of clunate, and
(g) Bmldmg materials should be internally consistent and compatible
w~th the character of the area in which the project ~s located
(4) Garage door orientation and setbacks - Garage doors should not face any
adjacent street frontages, except alleys Where site hm~tations preclude
the opportumty to orient garage doors away from the street, other desxgn
measures should be employed to screen or munmize visibility from pubhc
rights-of-way
(5) Access management ~nncmles should be employed to mlmmlze traffic
flow disruptions on collector and arterial streets
(6) Street trees - One (1) street tree per 50 hnear feet of lot boundary adjacent
to a street
(7) pedestrian Circulation and L~nka~es - The Project Plan should provide
safe and convenient pedestrian circulat~on appropriate to the proposed
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land use Pedestrian linkages to adjacent properties should be facilitated
in appropriate locations
(8) ~ - Parking areas should be screened from public rights-
of-way to the extent possible When visible from public rights-of-way,
parking areas should be organized m smaller sub-lots to avoid large,
uninterrupted expanses of pavement
(9) ~ - Llghtmg shall be designed in a manner that will not shine
upward, minimizing the diffusion of light into the atmosphere, and shall
not shine on adjacent properties
(10) Traffic calmlm, devices - Approved traffic calming devices should
incorporated into the street patterns where appropriate
(11) Fences - Fencing should be treated as a design element, and be visually
appropriate for its proposed location Attention should be prod to detmls
such as use of qualified masonry products and design features as accent
columns, articulation, or caps If used along an arterial and collector
streets, consideration should be given to openings in fences to provide
visual entry into the project area The use ofberms is encouraged
(12) ~ - Landscaped features such as fountmns, gardens,
or other features that enhance the project are encouraged Art such as
monuments or other sculptural objects that enhance the project may also
be considered Such elements should be visible and/or accessible to the
public
(13) ~ - the provision of bus mm-outs and covered seating areas
for bus riders should be considered, depending on site location, levels of
activity, and type of site visitation
SECTION E COMPREgIENSIVE PLAN CONSISTENCY
Every nonresidential development application identified in Section A 2 b or
Section A 2 c, wluch does not require the submittal of a Zoning Plan pursuant to
Section C, and which is not exempt under Section A 3, shall be subject to a
separate evaluataon of Comnrehenslve Plan Consistency No such development
apphcatlon shall be accepted for filing until the requirements of this Section E
have been satisfied Such development applications shall be considered
incomplete until such requirements are satisfied
a. New Applications
Prior to filing a nonresidential development application consist~ng of a Planned
Development Detmled Plan, preliminary plat, or final plat that is not subject to
Section C - Zomng Plan requirements, a petition shall be submitted to the
Director of Planning and Development requesting an evaluation of
Comprehensive Plan Consistency
Upon making a finding of consistency, the Director shall in writing notify the
petltaoner that the development apphcatlon shall be reviewed in accordance with
regularly scheduled procedures Upon making a finding of mconslstency, the
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Director shall place the application on the next available City Council agenda,
whereupon the City Council shall determine if a rezonmg petition, for a use more
consistent with the comprehensive plan, will be initiated on behalf of the City
If a rezonmg petlaun is not unrented, the petitioner shall be notified in writing that
the development appheatlon review process will be resumed m accordance with
regularly scheduled procedures In such case the development application will be
accepted for filing
b. Pending Applieaflons
Pending Planned Development Detmled Plans, prehmmary plats, or final plats that
have been filed before the effective date of this ordinance, and are not subject to
Section C - Zomng Plan reqmrements, must be evaluated for Comprehensive Plan
Consistency before any further processing of the application is allowed The
Director of Planmng and Development shall prepare an evaluation of
Comprehensive Plan Consistency for each individual application within thirty
(30) days of the effective date of this ordinance
Upon making a fmchng of consistency, the Director shall in writing notify the
petitioner that the development application shall be reviewed in accordance with
regularly scheduled procedures Upon making a finding of inconsistency, the
D~rector shall place the appheataon on the next avmlable City Council agenda The
City Attorney shall prepare a determination and advise the City Council of the
status of vested rights wth respect to the apphcatlon The City Council shall then
determine if a rezomng petition, for a use more consistent with the
comprehensive plan, will be matlated on behalf of the CIty If a rezonlng petition
is not lmtlated, the petitioner shall be notified in writing that the development
application review process will be resumed in accordance with regularly
scheduled procedures
SECTION F. ~
1 Annlleatlun reomrements,
No development application subject to these interim development regulations shall be
approved without subrmssmn and approval of a zomng plan or a project plan, as provided
hereto, consistent vath the standards m flus ordinance If the apphcatmn is approved, the
approved zoning plan or project plan shall be Incorporated as an element of the approval
2 Processin~ of and decision on plans.
(a) Zoning Plans
Zomng plans shall be processed and decided by the City Council in accordance with
the same procedures deslguated in existing development regulations for processing
and decision set forth in Section 35-7 of the City Code of Ordinances
Oo) Project Plans
Project plan apphcataons may be submitted, reviewed, and decided by City Council
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\\CH LGL\VOLl\SHARltD~DEPT\LOL\OurDocumenls\Ordmances\00~Drafl#101ntNonresStndrdsOrd Adopted 2march00 doc
concurrently w~th Zomng plan apphcat~ons or as independently rewewed
development apphcatlons Rewew and decm~on on ProJect plan apphcat~ons shall
be made by C~ty Cotmml, upon notace to remdents of property located w~thm 500 feet
of the Project plan property, in accordance w~th estabhshed Courtesy Notice
procedures
(e) Comprehensive Plan Conmsteney
Comprehenmve Plan Conmstency evaluations shall be conducted by the Planmng and
Development Department, and the D~rector of Planmng and Development shall make
an adrmmstrat~ve deterrmnat~on of conmstency m accordance with Section E Should
the D~rector make a determmatmn that reqmres referral to C~ty Counml for further
eonmderatmon due to Comprehenmve Plan ~nconmstency, the C~ty Counml shall
demde by rumple majority whether to allow the development apphcatlon to be
accepted for fihng and/or continue the review process as regularly scheduled, or
whether to ~nlhate a rezomng of the subject property determined to be ~nconmstent
The C~ty Council shall detenmne whether to approve, approve conditionally or deny the
development apphcat~on based upon ~ts demmon on the zoning plan or project plan in
accordance w~th the standards m these ~ntenm development regulatuons and pursuant to
the dascret~on vested ~n ~t by state law and c~ty charter
4.
a The property owner may elect to reserve portions of the property for future
nonremdentml development for development approval after the adoption of the
C~ty's Development Code Such tracts shall be clearly md~catad on the zomng
plan
b The C~ty Counml may modify or condition zoning plan approval on the
reservation ofport~ons of the proposed development until the C~ty has adopted the
Development Code that ~mplements the pohc~es, goals and strategies concermng
remdent~al land use, and related growth management, housing and open space
obJeCtives set forth m the newly adopted Comprehenmve Plan
a The apphcant may petmon the C~ty Council for rehef from these interim
development regulations by requesting such rehef ~n writing The request for
rehef shall be conmdered by the City Cotmcd ~n conjunction w~th actaon on the
project plan and development apphcat~on
b The C~ty Council shall not reheve the apphcant from the reqmrements of this
ordmance, unless the apphcant first presents credible evidence from which the
C~ty Council can reasonably conclude that the ~mpomt~on of the nouremdent~al
development standards deprives the apphcant of a vested property right or
deprives the apphcant of the economically wable use of hm land
15
~CH LGL\VOLl\SHARED~DEPT\LOL\OurDocuments\Ordmances\00\Drafl#101ntNonrcsStndrdsOrd Adoptcd2march00doc
c In dec~dtng whether to grant rehef to the apphcant, the City Council shall take into
consideration the following
(1) whether granting relief from the nonresidential standards contained in
these interim development regulations, in the absence of permanent
revisions to the Ctty's Land Development Code that implement the
provisions of the comprehensive plan jeopardtzes the City's best interests
in preventing such effects,
(2) the sultabthty of the proposed nonresidential uses in light of land uses
allowed m the zomng dlsmcts on property adjacent to the proposed site,
(3) the impact of the proposed nonresidential use on the transportation and
other public faclhties systems affected by the development,
(4) the measures proposed to be taken by the applicant to prevent negative
impacts of the proposed use on the surrounchng properties,
(5) the likelihood that sufficient relief wtll be provtded to the applicant
following adoption of the City's Development Code,
(6) the total expenditures made in connection with the proposed nonresidential
development in rehance on prior regulations, including the costs of
mstalhng infrastructure to serve the project,
(7) any fees reasonably pad tn connection with the proposed use, and
(8) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant
d The City Council may take the following actions
(1) deny the rehefrequest,
(2) grant the relief request, or
(3) grant the rehef request subJeCt to conditions consistent with the criteria set
forth m this section
6. Minimum rehef.
Any relief granted by the City Council shall be the minimum deviation from ordinance
requirements necessary to prevent deprivation of a vested property right
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\\CH LGL\VOLl\SHARBD\DBPT~LGL\OurDocuments~Ordmanoes\00\Draft#101ntNonresStndrdsOrd Adopted 2ma~ch00 doc
Section H. Environmentally Sensitive Areas Map.
The Enwronraentally Sensmve Areas Map, attached hereto to Exhlbtt A, ~s hereby meorporated ~nto tfus
ordinance, and shall be used to evaluate development apphcat~ons as stipulated m all references to
Environmentally Sensitive Areas
Section III. ~e..v..e. rallil~.
If any prowmon of this ordinance or the apphcatlon thereof to any person or c~mumstance is held invalid
by any court, such mvalld~ty shall not affect the vahd~ty of other provisions or apphcat~ons, and to this
end the provtmons of thru or~hnance are severable
Section IV. Recission of Moratorium
Ordinance 99-474, adopted by the City Cotmc~l on December 14, 1999, Ordmance 2000- 017, adopted
by C~ty Council on January 4, 2000, and Ordinance 2000-065, adopted by C~ty Cotmcd on February 15,
2000, shall be rescinded and repealed on the effective date of th~s ordinance
Section V. ~.
Tfus ordinance shall become effective upon the date of ~ts passage and approval
Section VI. ~.
Save and except prowstons hereby amended or superseded, all remalmng sections, sentences and
paragraphs of the Code of Ordmances of the C~ty of Denton shall remmn ~n full force and effect
PASSED AND APPROVED tfus the 2"d day of March, 2000
JAC~LER, MAYOR
ATTEST
JENNIFER WALTERS~ CIIY SECRETARY
By ~_ff./~..~-- /~~
APPROVED AS TO LEGAL FORM
HERB~Y.,
17
OP.V A CE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO
2000-069 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM REGULATIONS"
TO PROVIDE FOR REVISIONS TO TO SAID REGULATIONS, PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND PROVIDING A SAVINGS
CLAUSE.
WHEREAS, the City of Denton has enacted Ordinance No 2000-069 (the "Nonresldentlal
Interim Regulations") to maplement portions of the new Comprehensive Plan on an interim basis
until such tnne as the City comprehanslvely amends its Code of Ordinances to implement the new
Comprehensive Plan's polices, goals and strategies, and
WHEREAS, the City Council finds that it is in the public interest to make certmn
amendments to the Nonresidential Interim Regulations, and
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS
SECTION 1 Sectaon B of Ordinance No 2000-069 as it pertains to a defnutlon of"Development
Application" is hereby amended to read as follows
Develot~ment a~licatton means the apphcatlon form and all accompanying documents and
exlub~ts required of the applicant by the City for development rewew purposes and includes
any of the following applications for nonresidential uses zonings, rezonmgs, planned
developments, concept plans, det~uled plans, development plans, prehmmary plats and final
plats
SECTION 2 Subsectmn A 3 Exemptions of Orchnance No 2000-69 is hereby amended to add the
following exemption
Tlus Ordinance does not apply to
c any building expansions and/or additions to an existing building or structure of less
than 10%, or 1000 square feet, wtuch ever is less
SECTION 2 All other provisions of Ordinance No 2000-069 shall remmn in full force and effect
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 ether
provisions or apphcat~ons, and to tbas end the provisions of this ordinance are severable
SECTION 4 This ordinance shall become effective upon the date of its passage and approval
Page 1 of 2
PASSED AND APPROVED tins the/"/(~ ff~ day of~'7#.,.,7~ ,2000
EUL1NE BROCK, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERB~L ~O~ITY ATTORNEY
By ~-.a~~~'~
Page 2 of 2
ORDINANCE NO ~qOO/-O~G4
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NOS
2000-069 AND 2000-179 COMMONLY CALLED THE "NONRESIDENTIAL INTERIM
REGULATIONS"; PROVIDING FOR SURVIVAL OF THE NONRESIDENTIAL INTERIM
REGULATIONS FOR DEVELOPMENTS PREVIOUSLY APPROVED UNDER THEM,
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE, AND
PROVIDING A SAVINGS CLAUSE.
WHEREAS, the City of Denton has enacted Ordinance No 2000-069 whmh was later
amended by Ordmance No 2000-179 (the "Nonresidential Interim Regulations") to implement
portions of the new Comprehensive Plan on an interim basis until such time as the City
comprehenmvely amends ~ts Code of Ordmances to implement the new Comprehensive Plan's
pohces, goals and strategms, and
Vv~-IEREAS, the City Counml finds that it m m the pubhc interest to repeal the Nonresidential
Interim Regulations, and
THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS
SECTION 1 Ordmance No 2000-069 and Ordmancc No 2000-179 are hereby repealed in their
entirety, except they will remain ~n full force and effect for those propertms that have recmved any
prior approvals under such ordinances
SECTION 2 If any provmlon of thru ordinance or the apphcatlon thereof to any person or
circumstance is held mvahd by any court, such mvahd~ty shall not affect the vahdlty of other
prommons or apphcatmns, and to this end the provmlons of thru ordinance are severable
SECTION 3 Thru ordinance shall become effective upon the date of its passage and approval
PASSED AND APPROVED thisthe ~/~-'-~ dayof &~~__ ,2001
EULINE BROCK, MAYOR
ATTEST
JEN'~FER WALTERS,~EITY SECRETARY
API~VED ~S TO LEGAL FORM
By ~
LEGEND
m~nsCity of Denton ETJ portation
Roberts
Railroads
Airport
Rails-to-Trails Sanger
Roads
Cakes
Environmentally Sensitive Areas
Lewisville~
Corinth
CITY OF DENTON - INTERIM MAP 1'~ JANUARY - 2000
ENVIRONMENTALLY SENSITIVE AREAS ~
WETLANDS, STREAM BUFFERS,FLOODPLAIN, & TREE CANOPY
City of Denton
215 E. McKinney
Denton, Texas 76201
(940) 349-8230 ~ :7250