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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 Page 1 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: Page 2 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 Page 3 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; Page 4 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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