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
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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.
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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.
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