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DCA19-0028aS:�L,egal\Our pocuments\Ordinances�20�DCA19-0028 - Location Of Parking Areas.Docx oxDnvnivcE No. DCA19-0028a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DENTON DEVELOPMENT CODE; SPECIFICALLY, AMENDING SECTION 7.9.6.D.2 RELATED TO LOCATION OF PARKING AREAS; PROVIDING FOR A PENALTY IN THE MA��MUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA19-0028) WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of Denton, Texas adopted a new Denton Development Code (the "2019 DDC"); and WHEREAS, the 2019 DDC update introduced changes where parking in front of a building is allowed; and WHEREAS, the revision to Section 7.9.6.D.2, Location of Parking Areas, is needed to be consistent with the purposes of the 2019 DDC, which includes adding flexibility while also protecting neighborhaods, implementing the goals and policies of the Comprehensive Plan, and encauraging the appropriate use of land, buildings, and structures; and WHEREAS, parcels that are zoned Mixed-Use Regional (MR) and adjacent to I-35 frantage roads, Arterials, and Commercial Collectors, have high volumes of vehicle traffic and are suitable locations for front parking; and WHEREAS, the MR Zoning District is located in areas designated as Regional Mixed-Use on the Future Land Use Map r� the Comprehensive Plan; and WHEREAS, the Regional Mixed-Use designation applies to areas that serve as regional destinations within Denton, where development may include moderate and high density residential, commercial, office, entertainment and other uses except industrial, at the highest levels of scale and density within the city; and WHEREAS, on January 22, 2020, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication, and held a public hearing, and recommended approval [7-0] of the amendments to the Denton Development Code; and WHEREAS, on February 4, 2020, the City Council likewise conducted a public hearing in accordance with local and state law, and the City Council hereby finds that the Code amendments are consistent with the City's comprehensive plan, and federal, state, and local law, and are in best interests of the citizens of the City of Denton; NOW, THEREFORE, THE COUNCII, 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 and found to be true. ��"E�"�"�mON 2ITm, The 2019 DDC is amended as set forth in "Exhibit A," which is attached and incorporated fully herein by reference. SECTION 3. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. 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 c��r�':, such invalidity shall not affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed, and the former law is continued in effect for t�is purpose. SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, 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. The motion to approve this ordinance was made by ��SS�`��..�!.��G'r 5 and seconded by ��D,r��/ %� �";�+-,�' the ordinance was passed and �.�._._.._..__�_� __..�.._�.� approved by the following vote [�" -O ]: Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye NaX Abstain Absent PASSED AND APPROVED this the _� day of w.:����" 2020. Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: ��.. �� ��� > CHRIS WATTS, MAYOR Page 3 of 3 EXHIBIT A Amend Section 7.9.6D.2 of the 2019 DDC as follows: 2. All Other Uses Off-street parking areas located between the front building fa�ade and the adjacent street frontage is prohibited, unless the parcel satisfies all of the following standards: a. It is located outside of the MN and MD zoning districts; b. It adjoins either side of an Arterial and Commercial Collector, as defined in the City Mobility Plan; c. It does not adjoin the following corridors: i. Fort Worth Drive (between Carroll Boulevard and Eagle Street); ii. Dallas Drive (between Teasley Boulevard and Eagle Street); iii. Elm Street (between University Drive and Eagle Street); iv. Locust Street (between University Drive and Eagle Street); and d. The development satisfies the general regulations for parking in front of buildings as set forth in Subsection 7.9.6E.