DCA22-0007aORDINANCENO. DCA22-OO07a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTONDEVELOPMENT CODE, SPECIFICALLY AMENDMENTS RELATED TO SECTIONS8.3.2C.1 ACCESS, 7.8.10 CROSS ACCESS BETWEEN ABUTTING DEVELOPMENT,8.3.2A.4 DOUBLE FRONTAGE LOTS AND DRIVEWAYS, SECTIONS 5.2 AND 8.3.2A.11ACCESS TO A SITE ACROSS A PROPERTY, AND SECTION 8.3.2A.6 DRIVEWAY
SPACING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (DCA22-0007a)
WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of
Denton adopted the newly revised 2019 Denton Development Code, the (“DDC”); and
WHEREAS, the City desires to amend the DDC to address access and safety concerns; and
WHEREAS, the Code amendments include amending the following Sections:
1.Section 8.3.2C.1 Access - adding language requiring two full (unrestricted) points of
vehicular access for larger developments that meet certain threshold requirements,
allowing certain exemptions to the requirement, and expanding the review criteria
associated when a second full point of access may be waived.
2. Section 7.8.10 Cross-Access between Abutting Development – providing expanded review
criteria associated when cross-access may be waived to be consistent with the expanded
review criteria associated when a second full point of access may be waived.
3. Section 8.3.2A.4 related to double frontage lots and driveway access - removing the
limitation that driveways are only permitted on one frontage and adding language that
proposed access must be in accordance with City Codes and Criteria Manuals.
4. Section 5.2 Table of Allowed Uses and Section 8.3.2A.11 related to access to a site across
a property - codify a long-standing City policy that access to a site across a property must
occur through a zoning district that allows the proposed use.
5. Section 8.3.2A.6 related to driveway spacing - adding language to remind applicants that
corner lots may need to be wider than interior lots to conform with driveway spacing
requirements; and
WHEREAS, on November 16, 2022, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, gave the requisite notices by publication, held due hearings
and recommended approval [7 - 0] of the amendment to the Denton Development Code; and
WHEREAS, on December 6, 2022, 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
related to Access Requirements and Cross-Access are consistent with the City’s comprehensive
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plan, and federal, state, and local law are in best interests of the City of Denton; 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 and found to be true.
SECTION 2. Sections 8.3.2C.1 Access, 7.8.10 Cross Access between Abutting
Development, 8.3.2A.4 Double Frontage Lots and Driveways, Sections 5.2 and 8.3.2A. 11 Access
to a Site Across a Property, and Section 8.3.2A.6 Driveway Spacing of the DDC is amended as set
forth in “Exhibit A“ which is attached and fully incorporated 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 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 court, 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 Development Code of Ordinances, asamended, in effect when the offense was committed, and the former law is continued in effect for
this 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.aThe motion tI approve this ordinance was made by rCaF\ %:-xk ,„dseconded by - Jae Cbbc;\s , the ordinance Gas p=ssea and a6md by
the following vote [J - E] :
Aye
/
pr
br
If
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jesse Davis, District 3 :
VACANT, District 4:
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Brandon Chase McGee.
At Large Place 5: /
Chris Watts, At Large Place 6: /
PASSED AND APPROVED this, the l&day of b.IAthE. 2022.
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
nRiiTmmrNRT–ol
1\\\tII 11111
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Exhibit A
Amend Section 8.3.2C.1 Access as follows:
1.Generally
a. Each lot shall be provided with adequate access to an existing or proposed public
street.
b.Development adjacent to existing public streets shall include the required
improvements in accordance with the city's perimeter street policy and in accordance
with TLGC, S 212.904.
C.At least two full points of vehicular access into the proposed development shall be
provided for the following:
1.Residential Uses (as listed in Table 5.2-A)
New construction with 30 dwelling units or more.
Expansions or additional phases to an existing development resulting in a
cumulative increase of 30 dwelling units or more.
Properties within the MD Zoning District are exempt from this requirement.
Development sites two (2) acres or less, with a parking structure are exempt
from this requirement.
ii. Nonresidential Uses
a.
b.
C.
d.
Developments on lots 20,000 square feet or larger
Re-platting resulting with developments on lots 20,000 square feet or larger.
Properties within the MD Zoning District are exempt from this requirement.
Development sites two (2) acres or less, with a parking structure are exempt
from this requirement.
d.The requirement of 8.3.2C.1.c.ii may be waived when it is shown to the satisfaction of
the City Engineer that two points of vehicular access are deemed unattainable on the
basis of: topography; the presence of natural drainage features or Environmentally
Sensitive Areas; adjacent site improvements making it unattainable to provide second
access; or vehicular or pedestrian safety factors.
e.
f.
All developments must meet Fire Code access and remoteness requirements and the
Transportation Design Criteria Manual driveway spacing requirements.
Full access (ingress and egress) shall be credited for providing access into the
development.
Amend Section 7.8.10 Cross Access between Abutting Development as follows:
A.All nonresidential development shall be designed to allow for cross-access to adjacent properties
to encourage shared parking and shared access points on public or private streets. This may be
established by one or more of the following:
1. Connecting streets and drives;
2. Coordinating parking structure and parking lot entrances;
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3.
4.
5.
6.
Common service/delivery areas;
Legally shared parking structures and parking lots;
Linkages between parking lots and parking structures; or
Providing shared driveways for two adjacent lots from public rights-of-way to minimizecurb cuts.
B.The requirement of 7.8.10A may be waived when it is shown to the satisfaction of the City
Engineer that cross-access is deemed unattainable on the basis of topography, the presence of
natural drainage features of Environmentally Sensitive Areas, adjacent site improvements making
it unattainable to provide cross-access, or vehicular or pedestrian safety factors, provided that
appropriate bicycle and pedestrian connections are provided between adjacent developments orland uses.
C.Cross-access easements and maintenance agreements associated with such interconnections shall
be recorded with the County Clerk and provided, if necessary, with the associated subdivision or
development application.
Amend Section 8.3.2A.4 as follows:
Double frontage lots may be allowed; however, access shall be in accordance with the
requirements of the Denton Development Code, Fire Code, and Transportation Criteria Manual.
Amend Section 5.2 as follows:
Table 5.2-A: Table of Allowed Uses, lists the uses allowed in the base zoning districts. All uses are
defined in Subchapter 9: Definitions.
1.
2.
Development or use of a property for any other use not specifically allowed in Table 5.2-A:
Table of Allowed Uses, or otherwise approved under the appropriate procedure is prohibited.
Full access to a site across a property must occur through a zoning district that allows the
proposed use. Emergency only access is exempt from this requirement.
Add Section 8.3.2A.11 as follows:
Full access to a site across a property must occur through a zoning district that allows the
proposed use. Emergency only access is exempt from this requirement. Subdividing a lot and
dedicating a public right-of-way to access the site does not exclude this requirement.
Amend Section 8.3.2A.6 as follows:
Corner lots may be required to be wider than interior lots to facilitate conformance with setback
and driveway spacing requirements.
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