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File #: Z16-0007a    Version: 1 Name:
Type: Ordinance
File created: 10/27/2016 In control: City Council
On agenda: 12/6/2016 Final action:
Title: Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 35.7.5, the Fry Street Overlay District, to create a new subarea and development standards for a mixed use development on approximately 1.75 acres of land, generally located north of Hickory Street, south of Oak Street, approximately 200 feet east of Avenue B and approximately 125 feet west of Fry Street, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends denial (4-1). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.
Attachments: 1. Exhibit 1 - Site Location, 2. Exhibit 2 - Zoning Map, 3. Exhibit 3 - Future Land Use Map, 4. Exhibit 4 - Project Narrative, 5. Exhibit 5 - Draft Fry Street Overlay District Amendment, 6. Exhibit 6 - Notification Map, 7. Exhibit 7 - Public Hearing Notice Responses, 8. Exhibit 8 - Draft Planning and Zoning Commission Meeting Minutes, 9. Exhibit 9 - Draft Ordinance
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AGENDA INFORMATION SHEET

DEPARTMENT: Department of Development Services

ACM: Jon Fortune

DATE: December 6, 2016

SUBJECT
Title
Hold a public hearing and consider adoption of an ordinance of the City of Denton, Texas, amending Subchapter 35.7.5, the Fry Street Overlay District, to create a new subarea and development standards for a mixed use development on approximately 1.75 acres of land, generally located north of Hickory Street, south of Oak Street, approximately 200 feet east of Avenue B and approximately 125 feet west of Fry Street, in the City of Denton, Denton County, Texas; providing for a penalty in the maximum amount of $2,000.00 for violations thereof; providing a severability clause and an effective date. The Planning and Zoning Commission recommends denial (4-1). A SUPERMAJORITY VOTE BY COUNCIL IS REQUIRED FOR APPROVAL.
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BACKGROUND:
On January 27, 2016, the Planning and Zoning Commission with a 6-1 vote recommended denial of previous application Z15-0029. This application was scheduled for City Council to consider three times, but was eventually withdrawn by the applicant after two requests for continuance. On April 8, 2016 the applicant resubmitted a new application Z16-0007. The only difference between the previously (withdrawn) application and the current application is the applicant has acquired 36 additional parking spaces off site for the project.

Specifically, the applicant is requesting an amendment to Subchapter 35.7.5, Fry Street Overlay District that would create a new subarea, subarea C, within the Fry Street Overlay District on approximately 1.75 acres. The entire Fry Street Overlay District is approximately 12.42 acres. The proposed subarea C would accommodate a five-story mixed use development. Based on the information provided by the applicant, the project would consist of:

* Student living apartment (111,337 square feet) where individual bedrooms are leased to students;
* A total of 83 dwelling units (9 two-bedroom un...

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