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DCA23-0008aORDINANCE NO. DCA23-0008a AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMEND[NG THE DENTON DEVELOPMENT CODE RELATED TO STREET LIGHTING STANDARDS, SPECIFICALLY AMENDMENTS TO SECTIONS 7.11.6C AND 7.11.6D RELATED TO AMENDING STREET LIGHTING FIXTURE STANDARDS TO APPLY TO NEW DEVELOPMENTS AND ADDING A REFERENCE TO THE STREETLIGHT CRITERLA MANUAL; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDiNG A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA23-0008a) 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 limit the application of the street light design standards in Sections 7.11.6(C) and (D) to new development, and desires to have streetlight design and construction requirements governed by a Streetlight Design Criteria Manual; and WHEREAS, on November 7, 2023, the City Council adopted the Streetlight Criteria Manual, which contains detailed requirements for the design and construction of streetlights ; and WHEREAS, the purpose of the Code amendments to the DDC is to amend certain street lighting standards to apply only to new fixtures and to replace certain other street light design standards with a reference to the detailed requirements contained in the Streetlight Design Criteria Manual; and WHEREAS, on September 27, 2023, 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 [5 - 0] of the Code amendments to the Denton Development Code; and WHEREAS, on November 7, 2023, 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 Street Lighting Standards are consistent with the City’s comprehensive plan, and federal, state, and local law and are in the best interest 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 7.11.6C and 7.11.6D of the DDC are 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. Page 1 '3 : ‘ I & q F g n t - 1 l P P f 1 l• } + + 1 4 + B / \ \ e I - - ' _j - + 1 p / Ir • • + - Sb 1 , • I . # - I ' ' ' , - ) . . II e ! i ; b r r . . ' ' Q ' .. : ' ! ' . ' . '_= . . f . . . " ' , - - - '' ' - ' : - : +r 1 :_ ' r + + q \ • 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, as amended, in effect when the offense was committed, and the former law is continued in effect for this purpose. SECTION 6. Denton Development Code, as amended, shall remain in full force and effect. SECTION 7. 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. „„„d,T£ymo3:= \aa::sais ordinance was ’nn%T,di„,I,'J:„V,J:„d ,pp„,,du the following vote n - U Aye Nay Abstain Absent Gerard Hudspeth, Mayor:-r ,/ IZ ,/ JL Vicki Byrd, District 1 : Brian Beck, District 2 : Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: PASSED AND APPROVED thi,, th, li- day ,fN,,,hb,,_, 2023. GERARD HU 61 Page 2 ATTEST: JESUS SALAZAR, CITY SECRETARY L\\\\11111111 X APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY ATTORNEY Digitally signed by Susan Keller I Keller, email=Susan.Keller@cityofdenton.com Rsq • Date: 2023.10.30 14:55:1405'CXy , DN: dc=com, dc=cityofdenton, dc=codad ler !i: ii:i;he:iii;:iii::::„"Susan Ke Page 3 Exhibit A Amend Section 7.11.6 to read as follows: “7.11.6 Street Lighting A. B. Street lights shall be installed for every new development, at the developer’s expense to protect the public health, safety, and welfare of the site and/or surrounding neighborhoods All fixtures shall be compatible with the character of the neighborhood and city as a whole. C, All new street lighting fixtures shall be full cut-off and designed to direct lighting below a 90-degree horizontal plane extending from the lowest point of the light source. D, All other street lighting requirements will be governed by the Streetlight Criteria Manual.’ Page 4