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Home My WebLink About2006-363S:\Our Documents\Ordinances\06\DCA05-0012 BLdoc ORDINANCE NO. .W06 _ A59 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF SUBCHAPTER 35.13 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO SOLID WASTE AND RECYCLING FACILITIES DESIGN STANDARDS; PROVIDING A PENALTY CLAUSE WITH A MAXIMUM FINE OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING AN EFFECTIVE DATE. (DCA05-0012) WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, after providing notice and after conducting public hearings as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapter 35.13 of the Development Code, pertaining to Solid Waste and Recycling Facilities Design Standards; and WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that the changes to the Development Code are consistent with the Comprehensive Plan, and are in the public interest; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. Subchapter 35.13 of the Development Code are hereby amended in part, as particularly described in Exhibit A, attached hereto and made part hereof by reference. All other provisions of Subchapter 35.13 not specifically changed by this amendment shall remain in full force and effect. SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or the application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the `day of('�m/er 2006. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: PERRY McNEILL, MAYOR PAGE Exhibit A 35.13. 13. 7. Solid waste and recycling facilities design standards. Commercial and non-residential solid waste and recycling storage facilities (container enclosures) shall be located on each platted lot of non-residential property, except as otherwise provided within the Denton Development Code Criteria Manual, and shall be constructed and maintained by the property owner or developer, and made available for use by the City of Denton Solid Waste Department and/or commercial recycling service provider. For purposes of these solid waste requirements, "commercial development' includes any attached residential dwellings of four or more living units and all non-residential development. Commercial and non-residential on -site waste and recycling storage facilities (container enclosures) shall be available for the storage of all municipal solid waste and recyclables generated for each platted property. The city reserves the ability to determine which, if any parcels or areas (e.g., Downtown Square, strip centers, multi -family residential, etc.) may be recommended for shared container or other alternative service. Container enclosures shall be of adequate size to contain all solid and liquid wastes and recyclables generated on the property, which may include, but are not limited to municipal solid waste, recyclables; grease and oils, process by-products and wastes, hazardous waste, medical waste, and any special wastes, contained as necessary to meet disposal standards published by the City. The container enclosures shall be constructed to such capacity prescribed by the City of Denton Criteria Manual for non-residential solid waste and recycling facilities. Enclosures are not required for non-residential uses where the dumpster locations cannot be seen from the public right of way. PAGE Expansion Applicability Table SITE PLAN Traffic Impact Landscape & Tree BuildingUse a esign Lot N"Jul Analysis CANOPY Standards LANDSCAPING Single-family N/A expansionwithin ONLY "PLOT N/A. N/A N/A N/A N/A N/A permiftedlot coverage. PLAN" YES, APPLIED TO THE YES, APPLIED TO YES, APPLIED TO THE EXPANDED YES, APPLIED TO THE ADDITIONAL LINEAR FEET OF IMPERVIOUS AREA NEW UNITS WITH PARKING REQUIRED STREET FRONTAGE ATTRIBUTABLE EXTERIOR WALLS EW FOR THTO CONTIGUOUS TO THE Multi-familyexpansion NEWUNITSEITOA UNITS UP TOA UP TOA50% INCREASE IN THE A5 UNITSUPTOA50% NEW UNITS AND YES, applies ro of 10% of the number of YES, BASED 50% INCREASE IN THE INCREASE IN THE DDITIONAL REQUIRED nye<pansion of whither10 YES S. TOTAL TRIPS. NUMBER OF UNITS NUMBER OF UNITS; THEN, FOR NUMBER OFUNITS ; A5E°/a PARKINGSE rdd-family riunits, whichever is less. UNLESS THE ENTIRE THEN, FOR INCREASE IN THE IN four r'Psaus SITE STILL COMPLIES; INCREASES INCREASES NUMBER OF UNITS; units and above. abov THEN, FOR INCREASES GREATER THAN GREATER THAN THEN, FOR INCREASES GREATER THAN 50%, 50%, TO ALL 50%, TO ALL GREATER THAN 50%, TO THE ENTIRE SITE. UNITS. PARKING. TO ALL STREET FRONTAGE. YES, APPLIED TO THE YES, APPLIED TO YES, APPLIED TO YES, APPLIED TO THE EXPANDED NEW FLOOR THE ADDITIONAL LINEAR FEET OF Non-residential IMPERVIOUS AREA ATTRIBUTABLE THE AREA W ITH WALLS PARKING REQUIRED STREET FRONTAGE expansion (based on FOR THE NEW CONTIGUOUS TO THE floor area) of t sf or NEW FLOOR AREA A UP UP TO UP TOA50% FLOOR AREA TO NEW FLOOR AREAREQUIRED 25%, whichever is ver YES YES, BASED ON TOTAL TRIPS. TOA 50% INCREASE IN FLOOR AREA UNLESS INCREASE IN FLOOR A INCREASE IN S ADDITIONAL REQUIRED YES greater [BUT NOT AREA; FLOOR AREA; THEN, FLOOR PARKING TO A EXCEEDING 10,000 SF THE ENTIRE SITE STILL THEN, FOR FOR INCREASES E I INCREASE IN FLOOR OR FOR RETAIL USES). COMPLIES; THEN, FOR INCREASES GREATER THAN AREA; THEN, FOR INCREASES GREATER GREATER THAN 50%, TO ALL INCREASES GREATER ,y THAN 50%, TO THE 50%, TO ALL PARKING. THAN 50%, TO ALL ENTIRE SITE. BUILDINGS. STREET FRONTAGE. YES, APPLIED TO THE YES, APPLIED TO YES, APPLIED TO YES, APPLIED TO THE EXPANDED THE NEW UNITS THE ADDITIONAL LINEAR FEET OF IMPERVIOUS AREA ATTRIBUTABLE TO THE OR NEW FLOOR PARKING REQUIRED STREET FRONTAGE AREA W ITH FOR THE NEW CONTIGUOUS TO THE NEW UNITS OR NEW FLOOR AREA UP TO A EXTERIOR WALLS UNITS OR NEW NEW UNITS OR NEW Casualty loss YES— BUT ONLY A'PLOT YES, BASED ON 50% INCREASE IN THE UP TO A 50% FLOOR AREA UP TO FA FLOOR AREA AND ADDITIONAL REQUIRED replacements (for all TOTALTRIPS NUMBER INCREASE IN THE 50%LOG INCREASE IN PARKING UP TO A50%YES uses) that exceed the PLAN"FOR - TO SINGLE- FLOOR AREA (UNLESS AREA (UNLESS UNITS OR FLOOR THE NUMBER OF INCREASE IN a SINGLE. FAMILY). THE ENTIRE SITE STILL AREA; THEN, FOR UNITS THE thresholds. thresholds. FAMILY. INCREASES TOR HEN, AREA; THEN, FOR NUMBER OF UNITS OR COMPLIES); THEN, FOR GREATER THAN INCREASES FLOOR AREA; THEN, EXPANSIONS 50%, TO ALL GREATER THAN FORINCREASES GREATER THAN 50%, UNITS/BUILDINGS 50%, TO ALL GREATER THAN 50%, TO ENTIRE E (N/A TO SINGLE- PARKING(N/A TO TO ALL STREET ATOSINGLE-HE (N/ATMILY). E- FAMILY). SINGLE-FAMILY). FRONTAGE (N/A TO FAMILY). SINGLE-FAMILY). Reconstruction after any voluntary demolition YES YES YES, APPLIED TO THE YES, APPLIED TO ALL YES, APPLIED TO YES, APPLIED TO THE of all or substantially all ENTIRE SITE. IMPROVEMENTS. ALL PARKING. ENTIRE SITE. YES improvements YES, APPLIED TO THE YES, APPLIED TO LINEAR FEET OF THE ADDITIONAL STREET FRONTAGE LOST CANOPY DUE TO PARKING SPACES CONTIGUOUS TO THE THE EXPANSION MUST UP TO A 50% NEW PARKING SPACES Parking lot expansion BE REPLACED, BUT INCREASE IN THE UP TO A 50% (excluding re -striping) of YES NIA ONLY IF THE SITE, AS A N/A NUMBER OF INCREASE IN THE /A six spaces or more. WHOLE, DOES NOT SPACES; THEN, FOR NUMBER OF SPACES; COMPLY. INCREASES THEN,FORINCREASES GREATER THAN GREATER THAN 50%, 50%, TO ALL TO ALL PARKING WITH PARKING. CONTIGUOUS STREET FRONTAGE. Conversion of a YESand MF residential structure to a where ..its non-residentialuse N/A N/A N/A N/A N/A N/A exceed thee. where no site (Lessthan improvements are /ronversio.se see required. Criteria Manual) PAGE4