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1996-241J \gPDOCS\ORD~ARTZCLE3 AHD AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE III ENTITLED "REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS" OF THE SUBDIVISION AND LAND DEVELOPMENT CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 34-115 RELATING TO ACCESS TO ARTERIAL AND COLLECTOR STREETS; BY ADOPTING APPENDIX A-8 AND APPENDIX A-9 RELATING TO CIRCULAR DRIVES ON SINGLE AMD TWO-FAMILY LOTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00 (FIVE HUNDRED DOLLARS) FOR A VIOLATION OF THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS' SECTION I. That Subsection (d) of Section 34-115 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: (d) Access to arterial streets. The requirements for access to arterial streets shall be as follows: (1) Purpose. The access regulations of this subsection are adopted in recognltlon that primary and secondary arterial streets are designed and intended to be used as major routes carrying h~gh volumes of traffic. Each driveway access allowed to an arterial street w~ll necessarily lnterfere with the function of those streets. This subsection, therefore is adopted for the purpose of preserving and enhancing the traffic capacity of arterial streets by strictly l~mltlng d~rect driveway access to those streets. (2) Access criteria. Driveway access to a primary or secondary arterial street shall be governed by the following cr~terla: a. Access to any arterial street shall not be allowed unless there is no other reasonable means of providing safe and adequate access to the property. b. Developments and resldentlal subdivisions shall be required to provide a public marginal parallel access street, alley or private parallel access drive to serve the development or ~ndlvldual lots fronting the arterial street, unless the requirement would make the property wholly useless for any permitted use as zoned. c. No development shall be allowed access to an arterial street if property excluded from the development plans could have reasonably been used to provide adequate alternative access. d. Any property previously subdivided 1n violation of state law or city ordinance shall not be allowed access to any arterial street, if other access could have been provided except for such unapproved subdivision of the property e. Existing single-family and two-family lots not developed in accordance with paragraph b of this section may be developed with a circular drive constructed in accordance wlthAppendix A-8 and Appendix A-9. Such driveways must be at least 50 feet from any intersection measured from the right-of-way line and must be at least 10 feet away from any adjacent driveway measured between radius. The circular drives shall not be designed such that a connection from a residential to an arterial street created. (3) Aocess standards. When driveway access to an arterial street is the only reasonable means of providing safe and adequate access to the property as determined accordance with this section, the following standards shall apply: a. Commercial 1. Only one (1) driveway per property shall be permitted, unless all of the following conditions are met: 1. The applicant submits a traffic engineering study performed in accordance wlth accepted professional traffic engineering standards as determined by the city engineer, clearly showing that the traffic for the single permitted driveway would exceed five thousand (5,000) trips per day or five hundred (500) trips per hour during peak hour use; ii. Permitting the additional driveway would not violate driveway separation or corner clearance standards; and iii. The need for each additional driveway would substantially outweigh any traffic problems or hazards created on the arterial street by allowing the additional driveway. 2. The driveway shall, whenever possible, be required to be located and deslgned so as to provide joint or shared access with adjoining properties. Page 2 3. The development which is allowed access shall be required to pay for, design or provide, at no cost to the city, all traffic-control signs, equipment, structures, devices or lmprovements which are reasonably necessary to mlnimlze the effect of the additional access allowed or to provide for the safe movement of traffic or pedestrlans. b. Residentlal Only one (1) driveway per lot shall be permitted, except that a c~rcular drive constructed in accordance with Appendix A-8 and Appendlx A-9 and meeting the applicable corner clearance and separation standards may be permitted. SECTION II. That Subsectlon (e) of Section 34-115 shall be amended to read as follows: (e) Access to collector streets. The requirements for access to collector streets shall be as follows: (1) Commercial, industrial and multi-family properties fronting on collector streets shall be allowed one (1) driveway for each seventy-five (75) feet of frontage on one (1) street, provided that each driveway would meet the separation and corner clearance requirements of this section. The driveway shall, whenever possible, be required to be located and designed so as to provide joint or shared access with adjoining properties. (2) Single and two-family resldentlal developments shall be designed so that lots do not require drlveway access to exlstlng or proposed collector streets. If the shape or size of the property is such that the lots cannot be designed to avoid driveway access to a collector street, driveway access may be designed in accordance with the requirements for existing single family and two family lots. (3) Ex~stlng single-family and two-family lots may be developed with a standard residential driveway or a clrcular drive constructed in accordance with Appendix A- S and Appendix A-9. Such driveways must be at least 50 feet from any intersection measured from the right-of-way line and must be at least 10 feet away from any adjacent driveway measured between radius. The circular dr~ves shall not be designed such that a connection from a residential to a collector street is created. Page 3 SECTION III That Appendices A-8 and A-9 as referenced herein, are adopted as part of the regulations and requirements of this ordinance, as though fully incorporated herein SECTION IV That if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such lnval~d~ty shall not affect other provisions or applications, and to this end the provlslons of thzs ordinance are severable SECTION V That any person vlolatlng any provzslon of this ordinance shall, upon conviction, be fined a sum not exceedzng Five Hundred Dollars ($500 00) Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION VI. That all provisions of the ordinances of the City of Denton in conflzct with the provisions of th~s ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of th~s ordinance, shall remain in full force and effect SECTION VII That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the captzon of this ordinance to be published twice ~n the Denton Record-Chronicle the official newspaper of the Czty of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the ~day of ~, 1996 JAC~ILLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY A LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY / ~age 4