2006-201
5:\OUf Documents\Ordinances\06\DcvCodeAmend-Subuchapter 13 .doc
ORDINANCE NO. .2 OOp - 2t21
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTERS 13 AND 23 OF THE DENTON DEVELOPMENT CODE, PERTAINING TO
PARKING IN THE REAR OR TO THE SIDES OF BUILDINGS; PROVIDING FOR A
PENALTY CLAUSE WITH A MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS
THEREOF; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code (the "Development Code") and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the Planning and Zoning Commission recommended approval of certain changes to
Subchapters I3 and 23 of the Denton Development Code to provide parking to the front and
sides of buildings; and
WHEREAS, after providing notice and after conducting a public hearing as required by
law, the City Council finds that the subject changes to the Development Code are consistent with
the Comprehensive Plan and are in the public interest; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Subchapters 35. I 3 and 35.23 are amended to reflect the following
changes; all provisions not changed herein to remain as written:
Section 35.13.13.4.A.8 is deleted in its entirety, and section 35.13.13.4.A.9 is hereby
renumbered as 35.13.13.4.A.8, to read as follows:
8. Parking areas shall be located behind buildings or on one or both cides,
except along the interst3te where :J minimum fifteen foot (15') additional
landscape area will be required :Jlong parking meas in front of a building.
9-08. These requirements may be waived by the Director if the building is not
accessed by pedestrians, such as warehouses and industrial buildings
without attached offices, automotive service uses such as gasoline sales
and automobile sales or the development is on an infill site.
New section 35.13.13.4.C. is added, to read as follows:
C. ParkinQ.
1 General Reauirement - ParkinQ in Rear. Parkinq areas shall be located
behind buildinqs or on one or both sides. unless excepted from this requirement
bv 35.13.13.4.C.2.
a. Unless qranted bv an Alternative Development Plan (ADP). this qeneral
requirement may not be excepted for parcels adioininq the followinQ
corridors:
1 Fort Worth Drive (between Carroll Boulevard and EaQle Street)
2 Dallas Drive (between Teasley Boulevard and Eaqle Street)
3 Elm Street (between University Drive and Eaqle Street)
4 Locust Street (between University Drive and Eaqle Street)
2. Exceptions to General Rear Parkina Reauirement:
a. Except as prohibited by Section 35.13.13.4.C.1.a. parkinq is allowed in
front of buildinqs if a parcel complies with all of the followinq conditions:
1 It is not located within in a Pedestrian Oriented District.
2 It adioins either side of a Primary or Secondary Maior Arterial. as
defined in the Mobility Plan; and.
3 It meets the qeneral requlations for parkinq in front of buildinqs. as set
forth in 35.13.13.4.C.3
b. Except as prohibited by Section 35.13.13.4.C.1.a. Infill parcels meetinq
the requirements of Section 35.7.11.3 and the qeneral requlations for
parkinq in front of buildinqs set forth in 35.13.13.4.C.3 are exempted from
prohibitions aqainst parkinq in front of buildinQs.
3. General Reaulations Where Front Parkina Allowed. In the event there
is a conflict between the requirements of this subsection and the qeneral
requirements of subchapters 13 or 14. the more restrictive requirements shall
prevail.
a. Site Desiqn Standards
1. Developments proposinq fewer than 100 parkinQ spaces. These
are limited to two rows of parkinq in front of buildinqs.
S:\Our Documents\Ordinances\06\DevCodeAmend-Subuchapter 13.doc
2. Developments proposinQ more than 100 spaces. These may
exceed two rows of parkino in front. provided that pad sites are
reserved for buildinos located alonQ any street frontaoe. At a
minimum. pad sites shall be located at corners where two streets
intersect and at both corners of the main drive into the development.
The main drive is the drive that receives the maiority of vehicular
traffic. When reouired. the TIA (Traffic Impact Analysis) shall
determine the main drive.
a. Corner pad sites shall be built UP to the front setback line: however.
buildinQs may be set back to allow for outdoor dininQ or a plaza with
a focal point that includes seatino. public art. and a water feature.
b. Pad sites not located on a corner shall not exceed two rows of
parkino in front of the buildino.
c. Development proposals for parkinQ lots exceedinQ 100 spaces shall
be desiQned with a clear hierarchy of circulation (See FiQure
35.13.13.4.C.2). The hierarchy shall consist of:
1. maior entry driveways without parkino spaces; then
2. maior circulation drives with little or no parkinQ: then
3. parkinQ aisles for direct access to parkinQ spaces.
3. All proposals shall connect offsite public sidewalks to buildinQ
entrances and provide pedestrian circulation within the site.
4. Development proposals with two rows of parkino in front of buildinos
shall have a maximum front yard setback of 85 feet from the PUE
(Public Utility Easement). If an easement does not exist. the front yard
setback shall be measured from the street rioht-of-way. The front yard
setback shall be provided as follows:
a) 15 feet landscape area
b) 18 feet first row of parkino
c) 24 feet drive aisle
d) 18 feet second row of parkinQ
e) 5 feet walkway
f) 5 feet landscape area in front of buildinQ: this area may be paved
as a walkway if pots or planters are incorporated.
Fiqure 35.13.13.4.C.2
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b. Landscape Standards. Applicable landscapinq standards are defined at
Section 35.13.1 0.C.3.
c. Architectural Standards. Buildinqs shall be enhanced with added
architectural features beyond those minimum features required to reduce
the mass and scale of buildinqs. These features may include but are not
limited to cornices, cupola, eaves, sills, bay windows, arcades, canopies,
awninqs and other architectural elements.
Section 35.13.10.C.2.b. is amended to read as follows:
b. A minimum 10-foot wide landscape area planted with one large tree for
every 40 linear feet. except alonq areas where parkinq in front of buildinqs
is permitted.
Section 35.13.10.C.3 is created to read as follows:
3, LandscapinQ Standards Where Front ParkinQ Allowed. The followinq
landscapinq standards shall applv, incorporatino the landscapinq standards of
the Site Desion Criteria Manual (see Fioure 35.13.1 0.C.3);
5:\Our Documents\Ordinances\06\DcvCodcAmend-Subuchapter 13.doc
a. Parkinq lots shall be separated from the street frontaoe by a 15' landscape
area to reduce visual impacts.
b. The 15 feet landscape area shall beqin from the Public Utilities Easement
(PUE). If an easement does not exist. the landscape area shall beoin
from the street riqht-of-way.
c. A landscape berm with a maximum 1 to 4 side slope on both sides shall
be desiqned within the 15' landscape area to help screen the parkinq lot.
d. Larqe trees shall be planted every 40 linear feet within the 15' landscape
area.
e. A minimum of 3 small accent trees clustered every 30 linear feet within the
15' landscape area may be substituted for the larqe tree requirement.
f. At least one or any combination of the followino shall be used to help
screen the parkinq lot:
a) Xeriscape landscapinq shall be planted within the 15' landscape
area. Xeriscape landscapinq shall require water irriqation for a
period of 3 years for landscapinq to be established. After 3 years
no water irrioation is required:
b) A minimum 3-foot hioh continuous row of everqreen shrubs planted
within the 15' landscape area: or
c) A minimum 3-foot hioh continuous wall made of any combination of
wrouqht iron. masonry. stone or decorative concrete panels within
the 15' landscape area. If wrouqht iron is used. vines shall be
qrown on the wrouqht iron to help screen the parkinq lot.
g. Parkinq lots shall provide interior plantinq islands between parkinq
spaces at an averaqe of every 10 parkino spaces to avoid lonq rows of
parked cars. The plantino islands shall be a minimum of 153 square
feet and be protected by a 6-inch hiqh curb on all sides and a 12-inch
wide concrete step-off area adiacent to parkinq spaces. A larqe tree
shall be planted within this plantinq island.
Fiqure 35.13.1 0.C.3
right-oh,ay
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Section 35.23.2 is amended as follows by adding or amending the following definitions:
Central Business District The area described as such by the map contained
within Appendix B to the Site Design Criteria Manual.
Landscape Area; See "Landscapinq"
Pad Site: A plot of land reserved for buildinqs located alonq any street frontaqe.
usually a division of a larqer development. Pad sites shall accommodate buildinqs
5.000 square feet of qross floor area or more.
Pedestrian Oriented District All property within a Neighborhood Residential
zoning district aM or Central Business District.
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not effect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite such invalidity.
SECTION 5. 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.
PASSED AND APPROVED this the / g,!:h day of CJ//)~ 2006.
S:\OUf Documents\Ordinances\06\DevCodeAmend-Subuchapter 13.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY~~~ \JILQ~
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
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