HomeMy WebLinkAbout2006-201S:\Our Documents\Ordinances\06\DevCodeAmend-Subuchapter 13.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTERS 13 AND 23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO
PARKING IN THE REAR OR TO THE SIDES OF BUILDINGS; PROVIDING FOR A
PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
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 a public hearing as required by
law, the Planning and Zoning Commission recommended approval of certain changes to
Subchapters 13 and 23 of the Denton Development Code to provide parking to the front and
sides of buildings; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject 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.
SECTION 2. Subchapters 35.13 and 35.23 are amended to reflect the following
changes; all provisions not changed herein to remain as written:
Section 35.13.13.4.A.8 is deleted in its entirety, and section 35.13.13.4.A.9 is hereby
renumbered as 35.13.13.4.A.8, to read as follows:
9.8. These requirements may be waived by the Director if the building is not
accessed by pedestrians, such as warehouses and industrial buildings
without attached offices, automotive service uses such as gasoline sales
and automobile sales or the development is on an infill site.
New section 3513.13.4.C. is added, to read as follows:
C. Parking.
1 General Requirement — Parking in Rear. Parking areas shall be located
behind buildings or on one or both sides unless excepted from this requirement
by 35.13.13.4.C.2.
a. Unless granted by an Alternative Development Plan (ADP), this general
requirement may not be excepted for parcels adjoining the following
corridors:
1 Fort Worth Drive (between Carroll Boulevard and Eagle Street)
2 Dallas Drive (between Teasley Boulevard and Eagle Street)
3 Elm Street (between University Drive and Eagle Street)
4 Locust Street (between University Drive and Eagle Street)
2. Exceptions to General Rear Parking Requirement:
a. Except as prohibited by Section 35.13.13.4.C.1.a, parking is allowed in
front of buildings if a parcel complies with all of the following conditions:
1 It is not located within in a Pedestrian Oriented District.
2 It adjoins either side of a Primary or Secondary Major Arterial, as
defined in the Mobility Plan; and.
3 It meets the general regulations for parking in front of buildings, as set
forth in 35.13.13.4.C.3
b Except as prohibited by Section 35.13.13.4.C.1.a, Infill parcels meeting
the requirements of Section 35.7.11.3 and the general regulations for
parking in front of buildings set forth in 35.13.13.4.C.3 are exempted from
prohibitions against parking in front of buildings.
3. General Regulations Where Front Parking Allowed. In the event there
is a conflict between the requirements of this subsection and the general
requirements of subchapters 13 or 14 the more restrictive requirements shall
prevail.
a. Site Design Standards
1. Developments proposing fewer than 100 parking spaces. These
are limited to two rows of parking in front of buildings.
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2. Developments proposing more than 100 spaces. These may
exceed two rows of parking in front, provided that pad sites are
reserved for buildings located along any street frontage. At a
minimum, pad sites shall be located at corners where two streets
intersect and at both corners of the main drive into the development.
The main drive is the drive that receives the majority of vehicular
traffic. When required, the TIA (Traffic Impact Analysis) shall
determine the main drive.
a. Corner pad sites shall be built up to the front setback line: however,
buildings may be set back to allow for outdoor dining or a plaza with
a focal point that includes seating, public art, and a water feature.
b. Pad sites not located on a corner shall not exceed two rows of
parking in front of the building.
c. Development proposals for parking lots exceeding 100 spaces shall
be designed with a clear hierarchy of circulation (See Figure
35.13.13.4.C.2). The hierarchy shall consist of:
1. major entry driveways without parking spaces: then
2. major circulation drives with little or no parking; then
3. parking aisles for direct access to parking spaces.
3. All proposals shall connect offsite public sidewalks to building
entrances and provide pedestrian circulation within the site.
4. Development proposals with two rows of parking in front of buildings
shall have a maximum front yard setback of 85 feet from the PUE
(Public Utility Easement). If an easement does not exist, the front yard
setback shall be measured from the street right-of-way. The front yard
setback shall be provided as follows:
a) 15 feet landscape area
b) 18 feet first row of parking
c) 24 feet drive aisle
d) 18 feet second row of parking
e) 5 feet walkway
f) 5 feet landscape area in front of building; this area may be paved
as a walkway if pots or planters are incorporated.
Figure 35.13.13.4.C.2
street main entry
b. Landscape Standards. Applicable landscaping standards are defined at
Section 35.13.10.C.3.
c. Architectural Standards. Buildings shall be enhanced with added
architectural features beyond those minimum features required to reduce
the mass and scale of buildings. These features may include but are not
limited to cornices, cupola, eaves sills, bay windows, arcades canopies
awnings and other architectural elements.
Section 35.13.10.C.2.b. is amended to read as follows:
b. A minimum 10-foot wide landscape area planted with one large tree for
every 40 linear feet, except along areas where parking in front of buildings
is permitted.
Section 35.13.10.C.3 is created to read as follows:
3. Landscaping Standards Where Front Parking Allowed. The following
landscaping standards shall apply, incorporating the landscaping standards of
the Site Design Criteria Manual (see Figure 35.13.10.C.3):
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a. Parking lots shall be separated from the street frontage by a 15' landscape
area to reduce visual impacts.
b. The 15 feet landscape area shall begin from the Public Utilities Easement
(PUE). If an easement does not exist, the landscape area shall begin
from the street right-of-way.
c. A landscape berm with a maximum 1 to 4 side slope on both sides shall
be designed within the 15' landscape area to help screen the parking lot.
d. Large trees shall be planted every 40 linear feet within the 15' landscape
area.
e. A minimum of 3 small accent trees clustered every 30 linear feet within the
15' landscape area may be substituted for the large tree requirement.
f. At least one or any combination of the following shall be used to help
screen the parking lot:
a) Xeriscape landscaping shall be planted within the 15' landscape
area. Xeriscape landscaping shall require water irrigation for a
period of 3 years for landscaping to be established. After 3 years
no water irrigation is required:
b) A minimum 3-foot high continuous row of evergreen shrubs planted
within the 15' landscape area: or
c) A minimum 3-foot high continuous wall made of anv combination of
wrought iron, masonry, stone or decorative concrete panels within
the 15' landscape area. If wrought iron is used, vines shall be
grown on the wrought iron to help screen the parking lot.
Parking lots shall provide interior planting islands between parking
spaces at an average of every 10 parking spaces to avoid long rows of
parked cars. The planting islands shall be a minimum of 153 square
feet and be protected by a 6-inch high curb on all sides and a 12-inch
wide concrete step -off area adjacent to parking spaces. A large tree
shall be planted within this planting island.
Figure 35.13.10.C.3
right-of-way f
w nrro rows a laarkirg
1 10, 1 5. varies I is, 1 18' I 24' 1 Ur 1 5' 1 5' 1
major arterial parkway side pu.e landscape firs)ruw drive aisle second row walk land building
walk area parking parking way scape
area
Section 35.23.2 is amended as follows by adding or amending the following definitions:
Central Business District: The area described as such by the map contained
within Appendix B to the Site Design Criteria Manual.
Landscape Area: See"Landscaping"
Pad Site: A plot of land reserved for buildings located along any street frontage
usually a division of a larger development. Pad sites shall accommodate buildings
5,000 square feet of gross floor area or more.
Pedestrian Oriented District: All property within a Neighborhood Residential
zoning district aad or Central Business District.
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 application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite 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 J 0h day of 2006.
SAOur Documents\Ordinances\06\DevCodeAmend-Subuchapter 13.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: