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2010-076s~~our documents~nrdinances~l0~dca10-~. amend downtown parking exemption final.doc ORDINANCE NO, ~O ~ 0076 AN ORDINANCE OF THE CITY DF DENTON, TEAS, AMENDING THE DENTON DEVELOPMENT CODE BY AMENDING SUBSECTION 35.14,3.8,, TD LIIVIIT THE CURRENT EXEMPTION OF REQUIRED PARKING STANDARDS WITHIN THE CENTRAL BUSINESS DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Subsection 35.14.3.B. currently exempts all development in the Central Business District from any requirement to provide additional parking spaces; and WHEREAS, many individuals in the community have expressed the perception that parking in the Central Business District is inadequate to current development, and that this condition could be worsened by exempting future development from providing additional parking; and WHEREAS, the City of Denton has commissioned a Downtown implementation Plan study to seek public input and direction in formulating a small area plan specific to the Central Business District, which, among other goals, seeks to comprehensively address and balance these very issues; and WHEREAS, the City's interest in protecting its streets, promoting economic development, and preserving existing retail and commercial structures for re-use, warrants the limitation of this exception to non-residential uses, which are better able to utilize these existing retail and commercial structures, and which can most efficiently make shared use of the already - scarce parking established for that purpose, while repealing that exemption for new residential construction and redevelopment that would place further burdens upon existing parking; and WHEREAS, pending the completion and review of the Downtown Implementation Plan study and the implementation of area-specific plans, standards and development regulations expected to result from it, the existence of the current parking exemption could impede the comprehensive resolution of these important policy issues; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. Subsection B of Section 35,14,3 of the Denton Development Code is hereby amended to read as follows, with all other provisions to remain as written: B, Development or redevelopment of property within the Central Business District is exempt from the requirement to provide any additional parking spaces, for all land use classifications other than those listed within the Residential Land Use Categories of Subchapter 5, if permitted within the zoning district approved for that location, Residential develo ment or redevelo meat within the Central Business District is also P p exempted if 10 or fewer dwelling units are proposed, SECTION 2. ~f any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way affect the validity or the remaining provisions or sections of this ordinance, which shall remain in full force and effect. SECTION 3, This ordinance shall become effective immediately upon passage and approval. PASSED AND APPROVED this the ~ d of~~ 2010, 7 MA A, U HS, YOR ATTEST; JENNIFER wALTERS, CITY SECRETARY BY ~ APPROVED AS TD LEGAL FORM; ANITA BURGESS, CITY ATTORNEY BY; t. rte'"~ .d' i i