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2011-089sAlegal\our documents\ordinances\l l\dca10-0008 ordinance.doc ORDINANCE NO. 2011-089 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTERS 13, 20 AND 23 OF THE DENTON DEVELOPMENT CODE TO PROVIDE AN EXCEPTION FOR THE INSTALLATION OF SIDEWALKS ASSOCIATED WITH ESTATE LOT SUBDVISIONS, WITH CONDITIONS AND TO PROVIDE A DEFINITION FOR ESTATE LOTS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (DCA 10-0008) 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, 20 and 23 of the Denton Development Code. 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 as true. SECTION 2. Subchapters 13, 20 and 23 are amended to reflect the changes outlined in Exhibit "A", attached and incorporated fully herein by reference; all provisions not changed herein are to remain as written. 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 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 other provisions or applications, and to this end the provisions of this ordinance are severable. 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. sAlegahour documentslordinances1111dca10-0008 ordinance.doc PASSED AND APPROVED this the 1 day of 2011. _L L_7 _ Ar~ MARK A. B OUG AYO" ATTEST: JENNIFER WALTERS, CITY SECRETARY f B APPROVED AS TO LEGAL FORM: ANITA BURGESS,, CITY-ATTOA.N Y BY: L - ~-y Page - 2 sAlegakour documentslordinances1111dca10-0008 ordinance.doc EXHIBIT A Subchapter 35.20.3.11 of the DDC be amended to read as follows: B. All developments shall, within a dedicated right-of-way or easement, provide sidewalks and/or bicycle facilities designed and located in accordance with the Transportation Criteria Manual and street classification along both sides of all streets within the development, between the ends of courtyard streets/cul de sacs and sidewalks within adjacent right of ways or open space, along one (1) side of all perimeter streets and as shown on the Pedestrian Component of the Mobility Plan; except as follows: 1. A development, which is excepted from making perimeter street improvements in accordance with subsection 1) MA.c of this section shall not be required to install a sidewalk or bicycle facility along that perimeter street. 2. Where unplatted property is required to be platted in order to obtain a building permit to make any improvements to an existing building or to construct any additional building to be located on the property, a sidewalk or bicycle facility shall not be required along an existing perimeter street if: a. The perimeter street is not required to be improved in accordance with this Code; b. The building improvements would not result in an increase in the floor area of the existing building or buildings by more than ten (10) percent; c. The building improvements are to be located on the same tract or tracts of land, as described by recorded deed in the real property records of the county, on which the existing building or any existing improvements to serve the existing building are located; and d. The building improvements will not require the construction of additional parking spaces to meet the requirements of the zoning ordinance. 3. Sidewalks or bicycle facilities shall not be required for a replat of property zoned for single-family residential use if the preceding plat covering the same property did not require sidewalks or bicycle facilities and a zoning change to a district other than single family residential use is not anticipated. 4. Except for Planned Developments or Master Planned Communities, sidewalks or bicycle facilities are not required along streets fronted by an estate-lot residential subdivision provided that: a. All lots are platted and have a minimum lot area of one (1) acre; and b. None of the lots may have access from a street that serves more than 200 total vehicle trips per day. Page - 3 sAlegakour documents\ordinances\ll\dca10-0008 ordinance.doc Subchapter 35.20.2.A.3.c of the DDC be amended to read as follows: Rural/ Suburban Street. A rural/suburban street is a street which carries less than800 vehicle trips per day an serves no more than 20 single family residential lots one acre or larger a nira zoning disc ie . Adopted geometry standards for rural/suburban streets are listed in the Transportation Criteria Manual. Subchapter 35.23.2 of the DDC is amended to add the following definition: Estate Lot: A lot that is at least one (1) acre in size with the purpose of being developed with a single-family detached dwelling as the primary use. Subchapter 35.20.3.B.1 and 35.20.3.C of the DDC be amended to read as follows: 1. A developmental} that is excepted from malting perimeter street improvements in accordance with subsection 1) N4.4.c 35.20.2.L.4 of this section shall not be required to install a sidewalk or bicycle facility along that perimeter street. C. Where the developer who would otherwise be required to improve an existing unimproved perimeter street to City specifications elects to pay to the City the cost of the required improvements as provided for in subsection 1) 35.20.2.L.3.B of this section, the developer may likewise elect to pay to the City the cost of any required sidewalk or bicycle facility improvements for that street. If the money paid for the sidewalk or bicycle facility improvements is not used for that purpose within five (5) years of payment, the funds shall be returned to the person malting the improvements. Subchapter 35.13.7.C of the DDC be amended to read as follows: All development, with the exception of estate style single-family subdivisions shall be required to plant street trees in accordance with the following standards and in accordance to the Site Design Criteria Manual. Estate style single-family subdivisions are those subdivisions having let ftentages greater gian ' wide aH4 eantaiii 40ts equal to or greater than ^ acre in size, and- that utilize barrow ditches as drainage along streets, on public or private streets. The Director of Planning and Development may approve alternative plans due to special site conditions, which may, for reasons such as safety, site conditions, or existing trees on the lot, affect the ability to meet these regulations. Page - 4