HomeMy WebLinkAboutAugust 30, 2005 Agenda
AGENDA
CITY OF DENTON CITY COUNCIL
August 30, 2005
After determining that a quorum is present, the City Council of the City of Denton, Texas will
convene in a Special Called Work Session on Tuesday, August 30, 2005 at 5:30 p.m. in the
Council Work Session Room at City Hall, 215 E. McKinney Street, Denton, Texas at which the
following items will be considered:
1. Receive a report, hold a discussion and give staff direction on the annexation of land in
the northeastern area of the City of Denton's extraterritorial jurisdiction between the
City's current northern city limits and Lake Ray Roberts which may include without
limitation an approximate 1900 acre tract owned by JNC Partners Denton LLC as
evidenced by deed recorded under Clerk's File Number 04-51648 in the Real Property
Records of Denton County, Texas, and land between such property and the current city
limits that may be required to satisfy any requirements of Chapter 43 of the Local
Government Code.
Following the completion of or during the Work Session, the City Council may convene in a
Closed Meeting to consider specific items listed below. The City Council also reserves the right
to adjourn into a Closed Meeting on any item on its Open Meeting agenda consistent with
Chapter 551 of the TEXAS GOVERNMENT CODE, as amended, as set forth below.
1. Closed Meeting:
A. Consultation with Attorney - Under Tex. Gov't Code 551.071
1. Briefing from and consultation with the City's attorneys regarding
legal issues pertaining to annexations, amendments to subdivision
regulations, vested rights, and other development related matters.
ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE
WITH TEXAS GOVERNMENT CODE, CHAPTER 551, EXCEPT TO THE EXTENT SUCH FINAL
ACTION, DECISION, OR VOTE IS TAKEN IN THE CLOSED MEETING IN ACCORDANCE WITH
THE PROVISIONS OF ~551.086 OF THE TEXAS GOVERNMENT CODE (THE 'PUBLIC POWER
EXCEPTION'). THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED
MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOV'T. CODE, ~551.001, ET
SEQ. (THE TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA
OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION ~551.071-551.086 OF THE TEXAS OPEN MEETINGS
ACT.
Special Called Meeting of the City of Denton City Council on Tuesday, August 30, 2005 at
6:30 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at
which the following items will be considered:
1. PLEDGE OF ALLEGIANCE
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
City of Denton City Council Agenda
August 30, 2005
Page 2
2. PUBLIC HEARING
A. Hold a public hearing and consider adoption of an ordinance amending the city's
platting and subdivision regulations contained in Subchapter 16 and Subchapter
21 of the Denton Development Code, Chapter 34 of the Code of Ordinances, and
applicable criteria manuals. (DCA-0008 Amendments to Subchapters 16 Chapter
34 Denton Development Code)
3. ITEMS FOR INDIVIDUAL CONSIDERATION
A. Consider approval of a resolution of intent of the City of Denton, Texas, notifying
the Federal Transit Administration of the City of Denton's intent to transfer the
federal capital interest in certain vehicles and equipment in the City of Denton's
possession currently used for public transportation services provided by LINK to
the Denton County Transportation Authority and expressing the City's desire to
assign the rights and responsibilities under Section 5307 Federal Grant interests
with one exception to the Denton County Transportation Authority; and providing
an effective date.
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on the day of ,2005 at o'clock
(a.m.) (p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL
PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMP AIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING.
PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY'S OFFICE.
AGENDA INFORMATION SHEET
AGENDA DATE:
August 30, 2005
CM/DCM/ACM:
Planning and Development Department
Jon Fortune, Assistant City Manager Ifi-
DEPARTMENT:
SUBJECT A05-0002 (Craver Ranch, et.al Annexation)
Receive a report, hold a discussion and give staff direction on the annexation of land in the
northeastern area of the City of Denton's extraterritorial jurisdiction between the City's current
northern city limits and Lake Ray Roberts, which may include without limitation an approximate 1900
acre tract owned by JNC Partners Denton LLC, as evidenced by deed recorded under Clerk's File
Number 04-51648 in the Real Property Records of Denton County, Texas, and land between such
property and the current city limits, as may be required to satisfy any requirements of Chapter 43 of the
Local Government Code.
BACKGROUND
Applicant: City of Denton
Denton, TX
JNC Partners, LLC, is proposing to establish a water improvement and control district on the land
known as the Craver Ranch. A water improvement and control district would allow the provision of
other public services. An involuntary annexation proceeding is being considered by the City of Denton
for the Craver Ranch and intervening properties from the City limits north along FM428 and then north
along FM 2153. In accordance with the City's annexation policy plan, approved in June 1993, the City
will "assess on a case by case basis" the annexation of areas in the ETJ when significant developments
are proposed. The subject area to be annexed contains approximately 181 separate parcels and portions
of FM 428 and FM 2153. The proposed annexation will also include City owned utility facilities,
generally along Sherman Drive.
On August 23, 2005, staff received direction from the City Council to propose alternatives for
involuntary annexation proceedings. If directed to proceed, staff will discuss the possible annexation
schedule at the August 30th meeting.
The entire area proposed for annexation is located in the extraterritorial jurisdiction, and is not zoned
by the City of Denton. The Comprehensive Plan identifies this area to be within the Rural and 100-
year Floodplain future land use designations.
OPTIONS
1. Direct staff to proceed and maintain land area as proposed.
2. Direct staff to proceed and delete land area.
3. Do not proceed.
1
ESTIMA TED PROJECT SCHEDULE
The annexation process could be completed by January 3, 2006.
PRIOR ACTION/REVIEW
Work Session August 23,2005
FISCAL INFORMATION
This will be developed, generally, as part of the required Service Plan.
Respectfully submitted:
~~~
Kelly Carpenter, AICP
Director of Planning and Development
2
AGENDA INFORMATION SHEET
AGENDA DATE:
August 30, 2005
DEPARTMENT:
Planning and Development Department
ACM:
Jon Fortune, Assistant City Manager
SUBJECT: (DCA05-0008) Amendments to Subchapter 16 and 21 of Denton Development
Code.
Hold a public hearing and consider adoption of an ordinance amending the city's platting and
subdivision regulations contained in Subchapter 16 and Subchapter 21 of the Denton
Development Code, Chapter 34 of the Code of Ordinances and applicable criteria manuals.
(Planning and Zoning Commission recommends approval 7-0)
BACKGROUND:
Issues associated with platting were identified by the City Attorney as responsive to Texas
legislative changes. Council directed staff to proceed with amendments that affect processing of
general development plans, preliminary and final plats, and water and sewer requirements.
PROPOSED AMENDMENT TO THE DEVELOPMENT CODE
The amendments include changes to sections relating to pre-application conferences,
construction and a new section addressing utility extensions.
OPTIONS
1. Approve as submitted.
2. Approve with conditions.
3. Deny.
RECOMMENDA TION
Staff recommends approval of the changes.
ATTACHMENTS
1. Ordinance
Respectfully submitted:
~~
Kelly Carpenter, AICP
Director of Planning and Development
1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 16 (SUBDIVISIONS) OF THE DENTON DEVELOPMENT CODE;
PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA05-
0008)
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council ofthe City of Denton,
Texas adopted the Denton Development Code, being Chapter 35 of the Code of Ordinances of
the City of Denton, Texas, as amended (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapter 16 of the Development
Code; and
WHEREAS, 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 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference and are true and correct.
SECTION 2. Subchapter 16 of the Development Code is hereby amended in part as
particularly described in Exhibit "A" attached hereto and made a part hereof by reference. All
other provisions of Subchapter 16 not inconsistent with this amendment shall remain in full force
and effect.
SECTION 3. The provisions of Section 1-12 and Subsections 35.1O.4A and B do not
apply to this ordinance.
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 affect 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 any such invalidity.
SECTION 5. This ordinance shall become effective immediately from and after its
passage.
PASSED AND APPROVED this the
day of
, 2005
EULINE BROCK, MAYOR
S :\Our Documents\Ordinances\05\DCA05-0008.doc
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWINM. SNYDER, CITY ATTORNEY
BY:
Page 2
EXHIBIT A
Subchapter 16 - Subdivisions.
SCGtioRs:
35.16.1 . ~~1..1d\efity
35.16.2 Pl:l!pOBe.
35.16.3 J~ait;ti-ofi.
36.16.4 ApplisatisR. Sections:
35.16.1 Authority.
35.16.2 Pw;pose.
35.16.3 Jw:isdiction.
35.16.4 Application.
35.16.5 Compliance and Enforcement.
35.16.6 Approval of Plat Required.
35.16.7 Lots, Access and Common Areas.
35.16.8 Application and Fees.
35.16.9 Pn:a<:~ignPreapplication Conference.
35.16.10 General Development Plan.
35.16.11 Preliminary Plats.
3S.16.12 Finft!. PIUB.
35.16.13 R~1'Illt.35.16.12Final Plats.
35.16.13 Replat.
35.16.14 Amending Plat.
35.16.15 Minor Plat.
35.16.16 Vacating Plat.
35.16.17 Conveyance Plat.
35.16.18 Development Plats.
35.16.19 Gas Well Development Plats.
35.16.20 COfiBttaetfofi.
35.16.20 35.16.1 .A~tlthorify.Constmction.
35.16.1
Authori~. _______________________._____________________
This Subchapter is adopted under the authority of the constitution and laws of the State of Texas,
including Chapters 42,43 and 212 of the Texas Local Government Code, as amended.
35.16.2. Purpose.
This Subchapter is adopted for the following purposes:
A. To protect and promote the public health, safety, and general welfare of the community.
B. To guide and plan for the future growth and development of the City by providing for the
orderly development of land and for the extension of streets, utilities, and other public
improvements and facilities in accordance with The Denton Plan and the Denton Development
Ge€kCode.
C. To insure that all developments provide for the streets, sidewalks, drainage facilities, water and
sewer facilities and other public and private improvements and facilities which are adequate and
necessary to serve the de';elopmefit.development.
EXHffiIT A
36.16.3 JurisdiGtien.35.16.3 Jurisdiction.
This Subchapter shall apply to all land and all developments within the territorial jurisdiction of the City of
Denton, except as otherwise specifically provided for in this Subchapter. The territorial jurisdiction of the
City shall be defined as follows:
A. The area within the corporate limits of the City;
B. The area within the extraterritorial jurisdiction of the City; and
C. Any other area to which the provisions of this Subchapter are made applicable in accordance
with and as permitted by federal, state or local law.
_~5. 1~~~_~'pplication.
A. Land Included.
Except where otherwise specifically provided for in this Subchapter, all the provisions of this Subchapter
shall apply to the following lands located within the territorial jurisdiction of the City:
1. Any tract of land which has not been recorded by plat in the plat records of Denton County,
Texas, and which is intended to be sold, leased, or otherwise subdivided from another tract
of land or which is intended or proposed to be used for the purpose of development.
2. Any tract of land which has been recorded as a lot or block by plat in the plat records of
Denton County, Texas, prior to and upon which no development has been constructed or
placed prior to the effective date of this Subchapter.
3. The division of any previously platted lot into two (2) or more parts.
4. The removal of one (1) or more lot lines of any platted lot so as to permit the combining of
two (2) or more contiguous platted lots into one (1) or more new lots.
B. Expiration of Dormant Projects.
Any general development plan, preliminary plats, final plats, replats, amending plats, conveyance plats or
development plats that are donnant according to the provisions of Tcx.Lot:.C~ 't.Code ""ill!.. ~t:et:i6fi
215.005 ry CffiOfi 1<J9$', !IS !lffit:fttkd)Tex. Loc. Gov't. ~245.005 as amended, shall expire on May 11,2004.
C. Environmentally Sensitive Areas (ESA) Regulations.
The flood plain provisions of Subchapter 17 shall apply to any land within the extraterritorial jurisdiction
of the City.
D. Development Standards and Requirements in the Extraterritorial Jurisdiction.
1. The extraterritorial jurisdiction of the City of Denton is classified into two (2) divisions as
indicated on the map on file in the Planning and Development Department.
a. All of the provisions of this Subchapter governing subdivision and development
standard for subdivisions within the city shall apply to all subdivisions and
developments within Division 1.
b. The subdivision and development standards of the County of Denton, as such
standards exist today or as they may hereafter be amended, shall apply to all
subdivisions and developments in the extraterritorial jurisdiction comprising Division 2
is not required and such subdivisions and developments must comply only with
development or plat requirements of Denton County and state law.
2. The Planning and Development Department is directed to consider amendments to the
regulatory line map whenever the certificate of public convenience and necessity for water
and wastewater services is amended by that state or when directed by the City Council Any
amendments shall not be effective until the revised regulatory line map is approved by the
City Council.
EXHffiIT A
."~~~_!_~:.~__.___g~~E!{l!!!~~_~_'!!!_~1!'-orc~~~!!.~~__________._____.___._______________..___._.__..."_________._._._.__._m
A. It shall be unlawful for any person to begin, continue, or complete any development on any land
within the territorial jurisdiction of the City to which the provisions of this Subchapter applies,
except in accordance with and upon compliance with the provisions of this
Stffiehllpter.Subchapter.
B. The City shall not issue a building permit or certificate of occupancy required by any Subchapter
of the City for any land located within the corporate limits to which this Subchapter applies, until
and unless there is compliance with this Sl:1bch~ter.Subchapter.
C. The City may refuse to authorize or make utility connections on the grounds set forth in Tex.
Loc. Gov't. Code AHa. 3ee~1'l 212.012 (V-Uft6ft 1988 & Sl:lrr. 1994-M212.012. as amended.
D. No improvements shall be initiated until the approval of the City has been given. Disapproval of
a final plat by the City shall be deemed a refusal by the City to accept offered dedications shown
thereon. Approval of a final plat shall not be deemed an acceptance of the proposed dedications
and shall not impose any duty upon the City concerning the maintenance or improvement of any
such dedicated parts until the proper authorities of the City have both given their written
acceptance of the improvements and have actually appropriated the same by entry, use, or
:im.pro. effiefl. ts.improvements.
..~~:.!_~~__~PP~,!va'-~f Plat R~9uire.d.____
A. Prior to the subdivision, resubdivision, or development of any land within the City, or its
extraterritorial jurisdiction, all plans, plats, and construction plans for public improvements shall
first be approved in accordance with these regulations except as fulfo.... s:follows:
1. The division of land into wo (2) or more parts, other than for purposes of development, if
the smallest resulting parcels, tract or site is forty (40) acres or larger in size.
2. Development on a single tract which was subdivided prior to January 1, 1960, and for which
extension of streets or public improvements (excluding sidewalks) are not required to
support the proposed development.
3. Construction of additions or alterations to an existing building where no drainage, street,
utility extension or improvement, additional parking or street access changes required to
meet the standards of this Subchapter are necessary to support such building addition or
alterations.
4. Dedication of easement or right-of-way by separate document recordable in the County
records if approved by City.
5. Cemeteries complying with all state and local laws and regulations.
6. Divisions of land created by order of a court of competent jurisdiction.
7. A change in ownership of a property through inheritance or the probate of an estate.
B. Noland may be subdivided or platted through the use of any legal description other than with
reference to a plat approved by the Planning and Zoning Commission or the Development
Review Committee Chairman in accordance with these regulatiefts.regulations.
EXHIBIT A
C. Excepting agricultural leases, no land described in this section shall be platted or sold, leased,
transferred or developed until the property owner has obtained approval of the applicable general
development plan, preliminary plat, final plat, development plat, or conveyance plat from the
Planning and Zoning Commission or the Development Review Committee Chairman as required
by these regulations.
D. No building permit or certificate of occupancy shall be issued for any parcel or tract of land until
such property has received final plat or development plat approval and is in confomllty with the
provisions of these subdivision regulations, the plat has been recorded, public improvements
have been accepted (if applicable), and no private improvements shall take place or be
commenced except in conformity with these regulat:i6ft3.regulations.
E. No person shall transfer, lease, sell or receive any part of a parcel before a conveyance plat or
final plat of such parcel and the remaining parcel has been approved by the Planning and Zoning
Commission or the Development Review Committee Chairman in accordance with the
provisions of these regulations and filed with the county ~
F. The platting or subdivision of any lot or any parcel of land, by the use of metes and bounds
description for the purpose of sale, transfer, lease or development is prohibited.
_~~:.!.!!__._._._..._.__._~'!_t.~L~_'?Cess ~_I}d ~f?.'!!!E~n Are~~.:_____________...________.____________.____
. A. Lot size. The size, width and depth of subdivision lots shall conform to the zoning requirements
for the area.
B. Access to street. Each lot shall be provided with adequate access to an existing or proposed
public street. Development adjacent to existing public streets shall include the required
improvements in accordance with the city's perimeter street policy. Each residential lot shall have
a minimum of fifteen (15) feet of frontage along an existing or proposed public street and each
non-residential lot shall have a minimum thirty (30) feet of frontage along an existing or
proposed public street except as follows
1. Single Family Residential Private Drive. Up to three (3) single family residential dwelling
units may access a public road by means of a flag drive within a private access easement as
provided in the Transportation Criteria Manual Each residential lot shall have a minimum
of fifteen (15) feet of frontage on the private access easement.
2. Non-Single Family Residential Private Drive. Non-Single family residential lots within a
subdivision or addition that is surrounded by developed property making it unfeasible to
provide street connectivity, do not have to abut a public street if such lots have access to a
public street by a public access and fire lane easement approved by the City. The easement
must be at least 24 feet wide and constructed, marked and maintained to meet the standards
for parking lots as contained in the Transportation Criteria Manual and for fire lanes as
contained in the Fire Code. The stacking requirements for public streets shall apply to the
public access and fire lane easement at the point where it intersects with a public street. In
addition, the public access and fire lane easement shall be considered a driveway or curb cut
access to the public street for all such lots. Each non-residential lot shall have a minimum
thirty (30) feet of frontage on the public access and fire lane easement.
C. Facing. Wherever feasible, each lot should face the front of a similar lot across the street. In
general, an arrangement placing facing lots at right angles to each other should be avoided.
D. Conunon area and facilities. Such area shall be noted on the plat and also have @ed with
county homeowner's association covenants approved by the city attorney or other arrangements
for permanent maintenance of these areas and facilities as may be approved by the Planning and
Zoning Commission.
EXHmIT A
_~~:1_~~~__Al?E.!~~l!!tion ~nt!-'~~~&____._____________
A. General. Any person seeking approval of any general development plan, preliminary plat, final
plat, replats, amending plats, minor plats, conveyance plat, or development plat for any land
required by this Subchapter, shall submit an application (the "Application") accepted for filing by
the Director af Planning llfid De.dBpmeat,Development Review Chair ("DRC Chair"), along
with the applicable fees. Noapplicarfofis fef g<lae1'8:l. a~ elepmt:at plaB., pre:litnffial') plat, mal
ptitt; replats, affie&li:ng plats, m.ift{)f fMat5, wfY;eyMiee plat Of de.eklp~nt fllatApplications shall
be accepted for filing unless the ftl'lplictiioa:Application. supporting documents and fees are
submitted in accordance with this section and the Application Criteria Manual. Applicants will
be notified of the acceptance or rejection of their application within 10 working days of the
submittal. The basis of the rejection will be included in the notification.
.~.!:..!..~:~.__._._._~':.f!.~~__t?!!!!!.-~~f!.-~!!~_
}..Pria1' te tb.e fi:lillg of lift} pbm, pIM 81' flfepesed de""eloflmeat, lIa !lflpliellfit Sftad-l ftll.'v-e a pre de:;ign
eoafcr:el'lJot: \\1.tft the De. el:epmeat Rei. ie-v. Cemmittee, unless ..!lived by the De'i"e1e!5ffiel'tt:
Re lie w Coffi1"fiitke dmirpersoa. The f'l1:l.'flose of t-ke eeflfereacc is to aRe.. the ftl'lpliellfit lIad
De . eloflmeat Revie ~ Cemmittee to re7ie~ ltfla disress the pfflfl8sed de-;-eklpffiem, te ffial.e 1I
det:efftJ::i.B.liaefi of ....hat ififerffi:Jlaoa liad smetes l'nay be reqmred to Be swmitted dttriag t-kt: plitt
pret:effiKes, lIaa re fee<:i;e Of exd1:Rflge liar other ififefffiliaefl or t!tlre aft} other aeaefi aecess81)
t-o faeilitftte proecss1n.g of Nit: plat ftl'lplieatioa.
REach aj3J'1lieant shall submit such iBFermation that Infty be required BY the
De>.'elopment Review C0mm.ittee and as Pl'O'.'ided in the .\pJ'lliea-ti0R Crit-eria
MafH:lfI.l. Completeness Determination. Ever.y Application shall be subject to a
determination of completeness by the DRC Chair. No Application shall be accepted for
processing unless it is accompanied by all documents required by and prepared in accordance
with the requirements of this Subchapter. applicable Criteria Manuals. and all ~.pplicable Cily
ordinances. rules and regulations (the "Regulations"). The DRC Chair from time to time may
identif.y additional requirements for a complete application that are not contained within but are
consistent with the application contents and standards set forth in the Regulations. The DRC
Chair also may promuig!lte a fee for review of the application for completeness. No Application
for preliminaq plat approval for more than 100 acres shall be deemed complete if it is not
accompanied by information showing compliance with the extension of offsite water and
wastewater facilities standard set forth in Section 35.16.11.B.
B. Incompleteness as Grounds for Denial. The processing of an application by any City official
or employee prior to the time the Application is determined to be complete shall not bind the
City as the official acceptance of the Application for filing, and the incompleteness of the
Application shall be grounds for denial or revocation of the Application. A determination of
completeness shall not constitute a determination of compliance with the substantive
requirements of the Regp.lations.
C. Time for Making Determination. Not later than the tenth business day after the submission
of the Application the DRC Chair shall make a determination in writing whether the Application
constitutes a complete Application. An email or comment in the City's permit tracking program
is considered a determination in writing. The determination shall specify the documents or other
information needed to complete the Application and shall state the date the Application will
expire if the documents or other information are not provided.
D. When Deemed Complete. An Application will be deemed complete on the 11 th business day
after the Application has been submitted if the Applicant has not otherwise been notified that
the Application is incomplete. Such notification may be by written instrument, email or in the
City's permit tracking program. Notice is deemed to occur upon dispatch or publication. not
upon receipt.
EXHffiIT A
E. Time for Completing Application. If an Application is not completed on or before the 45th
day after the original submission date of the Application the Application will be deemed to have
expired and it will be returned to the applicant together \Vith any accompanying documents.
Thereafter. a new Application must be submitted. The Cil;y may retain any fee paid for reviewing
the Application for completeness.
F. Proposed Use Must be Pennitted. Nowithstanding any other provisions of this Subchapter
or applicable ordinances and regulations to the contrat:}'o an Application shall not be considered
complete unless accompanied by a cop.y of the zoning ordinance or other certification verifying
that the use proposed in A~plication is authorized by the zoning district in which the propert;y is
located or is otherv.rise authorized b.y law. For newly annexed land that has not been zoned, no
Application will be deemed complete for any uses. intensities of use dimensions or lot sizes not
authorized by Rural Residential (}U)-5) Zoning District.
G. Vested Rights. No vested rights accrue solely from the filin~ of an Application that has expired
pursuant to this section or from the filing of a complete Application that is subsequently denied.
35.16.9
J~te-al!.!!!icatiolJ.__~c?,!~~!ence.
Prior to the fiJ.i.Qg of an Application, an applicant may reqJlest a pre-application conference \Vith the
DRC Chair for the purpose of identifying requirements that are ~PJllicable to a proposed plat, plan or
permit. The request shall be made in writing on a form provided by the DRC Chair. Any proposed
development submitted or discussed as a part of the pre-application conference shall not be
considered a plan. plat or permit application but will be considered an informal request for input
prior to the actual plat. plan, or permit application.
;!..~~._!_~:! 0 __.~~_,!_er~L~_~~'!..~Oe!!!_~!!.-!J!!~n:._____._._._.__._____________.___.._______._____._.________.___._...
A. Purpose.
The purpose of the general development plan is to provide for review of certain developments for
compliance \Vith The Denton Plan, the Denton Development Code, and Infrastructure Master Plans, the
compatibility of land uses, and the coordination of improvements \Vithin and among individual parcels of
land or phases of development, prior to approval of a preliminary plat or conveyance ~
B. Application.
+fleA General Development RUle" Committee shltHPlan is not permitted in the extraterritorial
jurisdiction. The DRC Chair will detennine during the (lfeaes~pre-application conference whether a
general development plan or a preliminary plat shall be required in accordance with the purpose stated in
this Subchapter. When a development is a portion of a large tract under one (1) ownership, is proposed to
~developed in phases or was not legally subdivided, the developer may be required to submit a general
development plan for review and approval by the Planning and Zoning Commission. Generally, a general
development plan shall be required for, but is not limited to, any development whieh;which:
1. If the property under consideration is undeveloped, is under one ownership and is greater
than twenty (20) acres; or
2. Is to be platted and developed in phases; or
3. Will require off-site road, drainage, or utility connections or improvements which will have a
substantial impact or effect on other properties or developments.
C. Information required.
The general development plan shall contain such information that may be required by the Development
Review Committee which is reasonably necessary to review and determine whether the proposed
EXHffiIT A
development and required facilities meet the requirements of this Subchapter and the Application Criteria
MftfiUM.ManuaL
D. Standards for approval.
The Planning and Zoning Commission shall approve the general development plan if the plan complies
with the foilo ..."i..J:g stJlteffiefit3.all the following requirements:
1. Conforms to infrastructure policies identified in The Denton Plan, and any other City
infrastructure master plan and the City's current and future parks and playground
faeiliaes.. facilities:
2. Conforms to the extension of the City's infrastructure within the municipality and in its
extraterritorial jurisdiction, as identified in The Denton Plan, and any other City of Denton
infrastructure master ftl-J;!lan;
3. Conforms to any rules adopted under Section 212.002 or as set forth in the Application
Criteria Mftfltlftl.Manual:
4. Complies with all City construction st:llfltktftls.standards: and
5. Complies with all applicable laws and Subchapters.
E. Planning and Zoning Commission Action.
The general development plan shall be submitted, along with the applicable fee, in the number and form
specified by the Application Criteria Manual. The plan shall be submitted to and reviewed by the
Development Review Committee for its recommendation to the Planning and Zoning Commission. No
preliminary plat for any portion of the development shall be approved until and unless the required general
development plan has been approved by the Planning and Zoning COfflm:1s!3iefl.Commission.
F. Expiration of General Development Plans.
AExcept for general development plans f.tled prior to the effective date of this Subchapter. a general
development plan shall become null and void Menty-four (24) months after ~ ltf'p1'O"."ft!,from the date of
approval by the Commission, unless a preliminary plat is ~approved by the Commission for all or
part of the land subject to the general development plan. The approved preliminary plat will supercede the
general development plan to the extent of the land covered by the preliminar.y plat and shall extend the
expiration date for the remaining portion of the original general development plan for another period of
Menty-four (24) months. The ltf'f'l:iellflt fflllJ Sl:l~ VIlrittefl K'ttlcsts fur
G. Extension of General Development Plan.
extea3feflS ofThe Commission may extend a general development plan or any phase thereof for a period
not to exceed six (6) months on the written reqp.est of the ~plicant. The request must be considered by
the Commission before the general development flU, ...~ fle single extefi:HOfl cxeeed:IDg t\Vel.e (12)
ffiOJ'ltkS. Tbe KI1 tiest shaR e{lfltllfB. 80etlffiUtl:ll.l'iefl shO'\<>-IDg casts im::UffC8 1:6 jl:lsefy 9:fi CX1"€fiSif:lfl.
plan or phase expires and must document the reasons for the extension. In determining whether to grant
a request. the commission shall take into account the reasons for the requested extension. the abili1;y of the
applicant to comply with any conditions attached to the origjnal ~.proval, whether extension is likely to
result in timely completion of the project. and the extent to which any newly adopted regulations should
be applied to the proposed development. In gJ:anting an extension the Commission may impose
conditions they deem appropriate to assure that the land will be developed in a timely fashion and that the
public interest is served. including compliance with one or more new adopted development standards.
..~_~:!_~:!_!__.f!!e!!..IE!!!!Iry Pla~~~________.___.___________._._______.___._.____________.__
A. Purpose and applicability.
EXHIBIT A
A preliminary plat shall be required for all proposed developments or subdivisions of land, except where
otherwise provided for in this Subchapter. The required p.reliminary plat is intended to p.rovide sufficient
information to evaluate and .review the general design of the development to insure compliance with The
Denton Plan, the Denton Development Code, and the Thoroughfare Plan, and the requirements of this
Subchapter. Where a general development plan is required, the preliminary plat shall conform to the
approved development ~~
B. Contents of Preliminary Plat.
The preliminary plat shall contain such information as may be required by the Development Review
Committee which is reasonably necessary to review and determine whether the proposed development and
required facilities meet the requirements of this St:ieeRllflt'er aHa as rc~ea by the .^.:pplieafiel'l C~
J\1aftUlllSubchapter. this Development Code, the Application Criteria Manual. and all other a,pplicable
Criteria Manuals, including without limitation the Environmentally Sensitive Ateas Standards referenced
in Subchapter 17. the Land Disturbing Activities referenced in Subchl\.Pter 18. the Drainage Standards
referenced in Subchapter 19. the Transportation Standards referenced in Subchapter 20. the Water and
Wastewater Standards referenced in Subchl\.Pter 21. and the Electric Standards referenced in Subchapter
24.
C. Procedure for approval.
1. Submittal. The application, copies of the preliminary plat, and all required studies and
analyses, along with any applicable fee, shall be submitted in the form and number specified
by the department. An application shall not be considered filed until it has been accepted
for filing by the Department. Applicants will be notified of the acceptance or rejection of
their application within 10 working days of the submittal. Basis of the rejection will be
included in the notification.
2. Development Review Committee review. After the Department has accepted the
application for filing the Development Review Committee shall review the preliminary plat
for compliance with the requirements of this Subchapter. The applicant shall be afforded an
opportunity to meet with the Development Review Committee to receive comments and
recommendations on the sufficiency of the plat. The applicant may make any recommended
or desired changes, corrections, or modifications. The Development Review Committee
shall forward the preliminary plat to the Planning and Zoning Commission along with its
recommendation.
3. Standards for approval. The Planning and Zoning Commission shall approve the
preliminary plat if the plat complies Mtflachieves all the following stfltemcflB.standards:
a. Conforms with the general development plan as provided in this
Subchapter. Subchapter:
b. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys,
parks, playg.rounds, and public utility facilities. facilities:
c. Conforms to The Denton Plan for the City's future land uses, extension of the City's
roads, streets, and public highways within the municipality and in its extraterritorial
jurisdiction as shown on the Denton Mobility Plan. taking into account access to and
extension of sewer and water mains and the instrumentalities of public ~utilities:
d. Complies with all applicable sections of the Criteria Mafttl.llhManuals:
e. Complies with all applicable laws and Sooehllpters.Subchapters: and
f. The proposed provision and confWlration of roads water. wastewater and drainage
facilities, and easements and rights-of-way are adequate to serve the subdivision and
meet applicable standards in a timely and efficient manner. in conformance with the
standards in Subchapters 19 through 21. and section 35.16.20.G.
D. Planning and Zoning Commission Action.
EXHffiIT A
E:If the preliminary plat does not meet the requirements of this Subchapter, the Planning and
Zoning Commission shall disapprove the plat or approve the plat with conditions to ffisttfeensure
compliance with the requirements of this Subchapter. If the preliminary plat is disapproved, no
further action shall be taken on the application, until and unless a new application and
preliminary plat is submitted in accordance with this Subchapter.
E. Expiration of Preliminary Plat.
Except for preliminary plats filed prior to the effective date of thisllffieaaat5ry Subchapter, a preliminary
plat shall become null and void~ twenty-four (24)ffieaths after i-ts llppfOVill, limess II futlll plllt is filed
lI:fl.d apple. Hi for aR et pm of ...at: pfelimin!l1)" pkt "\li~ thllt time. The applicllnt ffill.-Y stlbmit II "\lifl.tl'Ui
request, ID the C8fflaHsSiofl, far oac sa.. ~) ffionth el[teaMSJ'l of the preliminary plfttThe rel:}tiest sha:H
eeJ'letin aO€:l:lffieflarioff sae..-ffi.g CBsts mel:lfi'ee 1.<6 justil) lI:fl. extefiMSJ'l. .l.fl appre. ed [mill plat sha:H exteoo
the eJ<flintieJ'l allte for the 1'em.llii~ pOf'liofl of the ofiginlld prelintitJ.ltry plat fOf a period of Sfl[ E6J ffiOfiths
llfter die aMe ef appr,r. aJ. of the fffia:l plftt. .'\:ppfO. a:l of II etll:lsequeflt fiflsl pkt W'iMMn such pefied shaR
el[tcffa the expirMioJ'l aatc fDr the peftiOfi sf tal: origiflltl. pre~lllt for .. hica fiG fiflal plttts lUl:v-e beefl
llflPro7ca fur llfl aaeJ.i.f.ieaM six (-6) months from the date of approvalof stich fiflll:l plat. Eaca l:xtcflsiofl
period for tal: CXpirzttiOfl of the e~fial. prelfmfnil:I}" plllt lUes ffOm tile eMe of thl: lttrest Mal pIllt approul.
E'Ktefisiofl periees are fiot el1ftJ:1:l:lati7L If II Mal plat is fiot filea alia !lppr6. ed. dur:iflg tfl.l: eJw')flsiofi perie6,
die etiginal. prelimialllJ plat, together with !lay l:lI'lllflPro. ea futal plat applit:atfeflS or e][pired [mild p11lts,
~by the Commission, unless a final plat is filed and approved for all or part of the preliminary plat
within that time or within the time provided by a phasing schedule approved for the preliminary plat.
Within six (6) months of approval of the final plat for the first phase of the development or within such
other period as may be provided in an phasing schedule approved by the Commission, a complete
application for a final plat must be approved for the next phase of the development. continuing with each
successive phase until final plats have been approved for all the land subject to the origjnaI
35.16.12 Final Plats.preliminary plat in accordance with this section or a phasing schedule
approved by the Commission. If the applicant fails to receive approval for a final plat for any
phase of the development 'W1.thin the prescribed period. or within any extension granted pursuant
to section 35.16.11.F, the ori,gJ.nal preliminary plat shall e:wire for that phase and for all other
phases for which a [mal plat has not been ~proved or no longer remains in effect on the date of
expiration. If an approved final plat expires. the preliminary plat for that phase shall also expire.
as well as for all other phases for which a final plat has not been approved or is not pending
approval, or has lapsed subsequent to approval on the date of expiration.
F. Extension of PreliminaJ:y Plat.
The Commission may extend a preliminat:y plat or any phase thereof for a period not to exceed
six (6) months on the written request of the applicant. The request must be considered by the
Commission before the preliminaqr plat or phase expires and must document the reasons for the
extension. In determining whether to grant a request the commission shall take into account the
reasons for the requested extension, the ability of the applicant to comply with any conditions
attached to the ori,gj.nal approval, whether extension is likely to result in timely completion of the
proiect. and the extent to which any newly adopted regulations should be applied to the proposed
development. In granting an extension. the commission may impose such conditions as are
needed to assure that the land will be developed in a timely fashion and that the public interest is
served, including compliance with one or more new adopted development standards.
35.16.12 Final Plats.
----~...~._--~~----------.........><<----~--.-----_._._.-...................._---_._._._._._------~._---_._----_.~.................._--
A. Purpose and Applicability.
A final plat of the property to be subdivided or developer is required of all developments to which
this Subchapter applies. The final plat is intended to serve as the official recorded map of the property
to be developed, showing thereon the boundaries, lots, public streets and easements and other
significant public facilities and features which are necessary to serve the development, as required by
this Subchapter. For a development to be constructed in phases, the final plat may include only a
EXHffiIT A
portion of the land included in the preliminary plat and general development plan. The final plat shall
conform to the approved preliminary phlt.plat.
B. Land Exeladed.Land Excluded.
1. Where any requirement of this Subchapter is detennined in reference to the boundary of the
property, such as the requirement to improve existing perimeter streets, the final plat may
not exclude land which could otherwise be included for the purpose of avoiding the
requirement, or if such property is permitted to be excluded for good reason, the
requirement may still be imposed if compliance with the requirement is reasonably necessary
to serve the property.
2. In no case shall a final plat exclude land so as to leave a remainder of such size, shape, or
location as not to be developable in substantial compliance with the requirements of this
Subchapter or any other Subchapter.
3. Where any applicant seeks approval of a proposed plot for land that was subdivided in
violation of this Subchapter, state law, or any prior Subchapter, or the development cannot
provide adequate street access, street connections, or substantially comply with any other
requirement or standard of this Subchapter because of the unlawful subdivision, the
Planning and Zoning Commission may refuse approval of the development or plat.
e. Contents of Final Plat.
The final plat shall contain such information as may be required by the Development Review Committee
which is reasonably necessary to review and determine whether the proposed development and required
facilities meet the requirements of this Subchapter and as required by the Application Criteria
MlIftl:111.LManual.
35.16.12.1 Construction Plans.
A. Purpose and Applicability.
Construction plans shall be submitted to the department for all existing or proposed streets, sidewalks,
drainage and utility improvements, and any other public improvements that are required or proposed to be
constructed, reconstructed, improved, or modified to serve the development. Where the final plat is for
property being developed in phases, the required construction plans shall include the improvements
specified in the general development plan or preliminary plat to serve the phase being platted. The
construction plans are intended to provide for the detailed engineering drawings for all improvements
required to serve the development. The construction plans shall be kept as a permanent record of the
~
B. Responsibility of Project Engineer.
The Professional Engineer representing the applicant is responsible for the accuracy, completeness and
conformance to City standards. The purpose of the City review is to ensure conformance to City policies
and standards. However, the City review is limited to facts as presented on submitted plans. The City has
no project design or engineering responsibility. The Design Professional certifying the plans is responsible
for the accuracy and completeness of the documents submitted for review and actual construction. The
City reserves the right to require corrections to actual conditions in the field which are found to be
contrary to or omitted from submitted pbas.plans.
e. Contents of Construction Plans.
The construction plans shall include such information as may required by the Development Review
Committee which is reasonably necessary to review and determine whether the proposed development and
EXHffiIT A
required facilities meet the requirements of this Subchapter and as required by the Application Criteria
Manual and all City construction ~ffifl.dafthstandards.
35.16.12.2 Processing Procedure for Final Plat and Construction Plans.
A. Submittal.
The application and copies of the final plat and construction plans, along with any applicable fee, shall be
submitted in the form and number specified in the Application Criteria Manual
B. Development Review Committee Review.
The Development Review Committee shall review the final plat and construction plans for compliance
with the requirements of this Subchapter. The applicant shall be afforded an opportunity to meet with the
committee to receive its comments and recommendations on the sufficiency of the plat and plans, so as to
allow the applicant to make any recommended or desired changes, corrections, or modifications. Upon
completion of the review process, if the construction plans have been approved by the Director of
Engineering, the Development Review Committee shall forward the final plat to the Planning and Zoning
Commission along with its recommendation unless approval by the Development Review Committee is
allowed by this Subchapter and as permitted by law.
e. Standards for Approval.
The Planning and Zoning Commission shall approve the final plat if the plat complies with the foHowing
stateffium:all the following: requirements:
1. Conforms to The Denton Plan, its land uses, and its current and future streets, alleys, parks,
playgrounds, and public utility f~dacilities:
2. Conforms to The Denton Plan for the City's future land uses, extension of the City's roads,
streets, and public highways within the municipality and in its extraterritorial jurisdiction,
taking into account access to and extension of sewer and water mains and the
instrumentalities of public ~utilities:
3. The final plat conforms with the General Development Plan and! or the preliminary
flhtttplat:
4. Complies with the provisions for dedication and construction of public improvements of
City construction sfflfl.<:ht:tas.standards: and
5. Complies with all applicable laws and Subchapters.
D. Planning and Zoning Commission Action.
The Planning and Zoning Commission shall take action on the final plat as required by law at a regularly
scheduled meeting held within thirty (30) days of the date the final plat and construction plans for which
approval is requested is submitted to the department, unless the applicant requests and consents in writing
to waive any time deadline for action upon the plat. If the fmal plat meets all the requirements of this
Subchapter, the Planning and Zoning Commission shall approve the plat If the plat does not meet the
requirements of this Subchapter, the Planning and Zoning Commission shall disapprove the ~plat.
E. Certification by Engineer.
Sealed engineering plans showing details of streets, sidewalks, culverts, bridges, storm sewers, drainage
improvements, water mains, sanitary sewers, other required public improvements, and all engineering
details, other than buildings, of the proposed subdivision shall be submitted to the Development Review
Committee along with the final plat of subdivision. Such plans shall be prepared by an engineer registered
in the State of Texas, and shall conform to the standard specifications of the City (North Central Texas
Council of Governments Standard Specifications for Public Works Construction, as amended by City)
relating to such impre. effleats.improvements.
EXHffiIT A
F. Expiration afFinal Plat and Plans.
An approved final plat which has not been @ed in the appropriate records of Denton County within two
(2) years of its approval shall be considered null and void unless an extension is granted by the Planning
and Zoning Commission for good ~
35.16.12.3 Recordation of Final Plat.
Upon approval of the final plat by the Planning and Zoning Commission or the Development Review
Committee, whichever is applicable, and the construction plans by the City Engineer, the applicant shall
submit an execution package in accordance with the Application Criteria Manual. The City Engineer shall
file in the plat records of Denton County the final plat upon submission of the execution package,
recording fees, developer contracts, bonds, and any other applicable fees.
35.16.13 Replat.
~~_~!!!J ~.f!f/I:!iced. Reo/at.
A. Replat Required.
Unless otherwise expressly provided for in this Subchapter, a property owner who proposes to replat any
portion of an approved final plat, other than to amend or vacate the plat, must first obtain approval for the
replat under the same standards and by the same procedure prescribed for the platting of land by these
regulations.regulations.
B. Replatting Without Vacating Preceding Plat.
A replat of a subdivision or part of a subdivision may be recorded and is controlling over the preceding
plat without vacation of that plat if the replat is submitted in accordance with Tex. Loc. Gov't. Code Aflfr.
secftoas 212.014 (Ve1'ftOfl. 1988) afl.6. 212.015 (VelftOfl. 1988 aad Surr. 1994), as affiefided.~p12.014 and
212.015 as amended.
C. Replatting a Portion of a Lot.
Replatring a portion of a recorded lot is not permitted.
D. Procedures.
An application for replat shall follow the Planning and Zoning Commission procedures detailed in
Subchapter 3.
_~~~_!_~~.!~__~.~~~~!!)Jl_f!.~~t.___________________________._____._________________________
The Chairman of the Development Review Committee may approve an amending plat pursuant to Tex.
Loc. Gov't. Code .A.ftft. secaofl. 212.016 (Veffi5a Sl:1pp. 1991M212.016 as amended. The Chairman of the
Development Review Committee at his discretion may refer the amending plat to the Planning and Zoning
Commission. The Chairman of the Development Review Committee shall not disapprove an amending
plat but shall refer such plat to the Planning and Zoning Commission if he recommends disapproval.
35.16.15 Minor Plat.
The Chairman of the Development Review Committee or the Planning and Zoning Commission may
approve a minor plat pursuant to Tex. Lac. Gov't. Code ,\e.1'i. SU~1'i 212.0Q0~S (Ver'i'i6e Sl:If'lfl.
EXHIBIT A
'f-994M212.0065. as amended. The Chairman of the Development Review Committee at his discretion
may refer the minor plat to the Planning and Zoning Commission. The Chairman of the Development
Review Committee shall not disapprove a minor plat but shall refer such plat to the Planning and Zoning
Commission if he recommends disapproval.
.!~_!~.:_~~___~~c!'Ji'!Jl.!!l~!.~_._._______________________________
The property owner of the tract covered by a plat may vacate the plat pursuant to Tex. Loc. Gov't Code
Aaa. sectiofl. 212.013 (V-eraea 1988H212.013 as amended. The Planning and Zoning Commission shall
approve the petition for vacation on such terms and conditions as are reasonable to protect public health,
safety and welfare. As a condition of vacation of the plat, the Planning and Zoning Commission may
direct the petitioner to prepare a revised final plat in accordance with these regulations. Regardless of the
Planning and Zoning Commission's action on the petition, the property owner or developer will have no
right to a refund of any monies, fees or charges paid to the City nor to the return of any property or
consideration dedicated or delivered to the City except as may have previously been agreed to by the
Planning and Zoning Commission.
..~~:J_~:!"--_~onveyance Plat.
A. Purpose.
A conveyance plat may be used solely for the purpose of subdividing land and the recording of same, or
recording a single existing lot or parcel created by other means. A conveyance plat may be used to convey
the property or interests therein; however, a conveyance plat does not constitute approval for development
of the property. A conveyance plat is an interim step in the subdivision of land and shall contain a notation
that indicates that no development is intefidea.intended.
B._"~l'Jllie8Bility.
}. e6m. e)ll:nee pb. t 1'l'IllJ Be t:lseo in lice. of ll. fInal plllt to record the seee.vfsiea ef pr6f'ert}, fire. idea that
fiG portion of the de. d6f'1'l'Ient is inteflaca for im.1'l'Iccfutte clcvelopfficat.
GoB. Filiag. Applicability.
A conveyance plat may be used in lieu of a final plat to record the subdivision of properq, provided that
no portion of the development is intended for immediate development.
C. Filing.
No final plat processed and approved in association with a conveyance plat shall be filed without the
concurrent filing of the associated approved conveyance plat.
35.16.17.1 Effect of Approval.
A. Conveyance plat approval and acceptance by the City does not relieve the owner from
obligations, including fees, required by other sections of this or any other Chapter of the City
Code pertaining to the improvement of the property or extension of services as required to make
the property suitable for ac,'elopmcat.development.
B. Neither reservation nor dedication of right-of-way shall relieve the property owner from any
obligation for street construction or assessments associated with public street improvement
programs. Easements for access, utilities and drainage may be recorded on conveyance ~~
C. No building permits shall be issued nor development begin, nor permanent utility service
provided for land which has only received approval as a conveyance plat. This information shall
be set forth in bold type on the plffi:,plat.
EXHmIT A
D. A conveyance plat may be vacated, replatted or superseded in total or in part by thorough
compliance with the procedures and requirements of this Subchapter.
35.16.17.2 Conveyance Plat Requirements.
A. Application.
The property owner shall submit an application for a conveyance plat, together with other supporting
documents and fees, to the director in accordance with the requirements of the Application Criteria
Manual. Conveyance plats that qualify as minor plats may be approved by the Chairman of the
Development Review Committee. A conveyance plat shall contain such information that may be required
by the Development Review Committee which is reasonably necessary to review and determine whether
the proposed development and required facilities meet the requirements of this Subchapter and as required
by the Application Criteria Mafit:l:ll:iManual.
B. Standards for Approval.
The Planning and Zoning Commission shall approve the conveyance plat if the plat complies with the
following statements:
1. Reservation of rights-of-way. Conveyance plats must identify any future rights-of-way for
public thoroughfares and streets specified on the City's thoroughfare plan. The
identification of the right-of-way does not grant any right or interest in the property to the
City or other entity. The final alignment may be adjusted upon final platting in order to meet
engineering design standards.
2. Dedication of rights.of~way. Dedication of right-of-way shall be required where a
conveyance plat is used to record the remainder of a tract created by the final platting of a
portion of the property. The required right-of-way dedication shall be limited to that which
is necessary to provide access to the property proposed for final plat approval and to
complete turn lanes, intersections and transitions in road pavement width resulting from
development of property proposed for final plat approval.
C. Approval Procedure.
1. Conveyance plats shall be approved provided they comply with all requirements of this
Subchapter. The Planning and Zoning Commission must approve, approve with conditions
that insure compliance with the requirements of this Subchapter or deny a conveyance plat
no later than thirty (30) days from the date of application. A conveyance plat qualifYing as a
minor plat shall be reviewed and acted upon by the Development Review Committee.
2. Signing and filing. After the approval of the conveyance plat by the Planning and Zoning
Commission or Development Review Committee, the property owner or his engineer shall
submit filing fees and the required number of copies for filing to the City for filing with the
county. Having submitted all copies and fees, the owner may request a delay of filing for up
to one hundred eighty (180) days from the date of approval. Any conveyance plat which has
not been filed with the county within one hundred eighty one (181) days of the date of
approval shall be void. Prior to filing with the county, the property owner may withdraw and
void a conveyance plat. Any conveyance plat withdrawn or voided must be resubmitted
under current regulations and procedures and reapproved by the Planning and Zoning
Commission or Development Review Committee and filed with the county. Prior to filing,
the chairperson of the Planning and Zoning Commission or the Development Review
Committee, whichever is applicable, shall sign the conveyance plat. The City engineer shall
forward one (1) copy of the recorded conveyance plat to the property owner.
EXHIBIT A
~.~:J~.:!.~___~eve/C?pmf!.!'t_ P/~ts~___n_______.____________.________.______._.
A. Any person who proposes new development of a tract of land located with the corporate limits
or within the City's extraterritorial jurisdiction, and is not required by this Subchapter to prepare
a preliminary or final plat, shall prepare a development plat in accordance with elements required
for preliminary and final plats by this Subchapter ~unless:
1. The development is excepted under section 35.16.7; or
2. The development is an addition or alteration to eXlstIng development which after
de., de13l'l:leatwhich. after development. would result in development no less
eOffifllyffigcompliant with the code of S1:ffidUtp1:ets than before the development.
e. Development plats shall be processed in accordance with V.r.C.A., welt! CO',<eI1'lffiCfit Coae ~~
212.041 thfottgk 212.Q50 (Verflofi Sl:lj3p. 1991)the Tex. Loc. Gov't Code ~~212.041 through
212.050 as amended. and no new development may begin on property until the development
plat is filed and approved by the City in accordance with such seeMofis.sections.
D. Development plats shall be labeled ''Development Plat for
Addition."
E. If improvements have not commenced as required by the Development Plat, an approval for a
Development Plat shall expire two (2) years from the date that the Development Plat is approved
by the Planning and Zoning Commission.
~5.1~!._~___Ga_!!_ Well Deve/op',!,ent Plats.
A. Plats Required
Any person who proposes drilling and gas production of natural gas on a tract of land located
within the corporate limits or within Division 1 of the City's Extraterritorial Jurisdiction, and is
not required by this Subchapter to prepare a preliminary plat or flnal plat, shall prepare a Gas
Well Development Plat. Where any portion of land to be included within the area to be platted is
located within a floodplain, an ESA or within 1200 feet of the flood pool elevation of Lake Ray
Roberts or Lake Lewisville, a separate plat shall be prepared for such area. The applications may
be submitted and reviewed together.
B. Gas Well Development Plats in Areas Subject to Flooding
No Gas Well Development Plat shall be approved for land located within a floodplain, an ESA
or within 1200 feet of the flood pool elevation of Lake Ray Roberts or Lake Lewisville until a
Watershed Protection Permit and, where applicable, a Specific Use Permit or application for
relief pursuant to Subsection 35.3.10. have been first approved. Denial or conditional approval
of the applicable Watershed Protection Permit or petition for review shall constitute gronnds for
denial or conditional approval of the Gas Well Development Plat for such land.
e. Procedures
Gas Well Development Plats shall be processed and approved in accordance with Tex. Loc.
Gov't Code:Aftft. ~~212.041 through 212.050 (V~f'I'l6fi 1999)212.050, as amended. and no new
natural gas development may begin on property nntil the Gas Well Development Plat is filed and
approved by the City in accordance with this Subchapter.
D. Standards for Approval
Gas Well Development Plats shall conform to the following standards:
1. All proposed gas well development shall be in compliance with the Roadway Component of
the Mobility Plan.
EXHIBIT A
2. Erosion control is required and shall comply with all local, state and federal requirements or
as required by the Watershed Protection Permit or Gas Well Development Plat. The
operator shall file a copy of the Stortnwater Pollution Plan if required by the EP A.
3. Reserve pits within 200 feet of a body of water, creek or floodplain shall be lined to prevent
water pollution.
4. With the exception of vehicular access, no gas well development or activity is allowed in the
FEMA designated lOO-year floodway. Drilling within a Flood Fringe or other ESA shown
on the Map adopted by the City is allowed under the restrictions set forth in Subsection
35.22.5(A)8.
5. 'Where tree mitigation is required, pursuant to a Watershed Protection Permit, any funds due
shall be paid prior to final approval of a Gas Well Development Plat.
6. Prior to approval of a Gas Well Development Plat or Gas Well Permit, a Road Repair
Agreement that will obligate operator (or by the operator's employees, agents, contractors,
subcontractors or representatives) in the performance of any activity authorized by or
contemplated by the approved Gas Well Development Plat, must be executed by the City of
Denton. The City Manager shall have the authority to enter into the Road Repair
Agreement. A Road Repair Agreement is not required if access to the well site is through an
entrance from a State Highway.
7. The Gas Well Development Plat shall provide for adequate required public facilities, which
may include water supply, access roads, drainage, erosion control and other necessary
supporting facilities identified on the Plat. The design, location, and arrangement of all
driveways and required parking spaces shall provide for the safe and convenient movement
of vehicular and pedestrian traffic without adversely affecting the general public or adjacent
developments.
8. In addition to the requirements of Section 35.16.11 (preliminary plat), if applicable, a Gas
Well Development Plat shall:
a. Identify truck routes and access points.
b. Identify Environmentally Sensitive Areas (ESA's) including floodplains and any
proposed floodplain, creek and stream crossings.
All floodplain, creek and stream crossings requiring the use of a culvert shall
be designed to a lO-year storm frequency.
11 All floodplain crossings shall have no negative affects on surrounding
property.
111 A drainage study sufficient to substantiate i and ii will be required as part of
the submittal if crossings are proposed.
c. Show the location and use of all structures within 500 feet of the wellhead.
d. Identify the proposed source of water and any other public utilities required.
e. Identify and show proposed method of erosion controL
f. Identify the location of proposed lease lines and well locations.
Label distance between wells and property lines.
11 Label distance between wells and structures within 500 feet of wells as
measured from the property line.
ill Label distance between temporary holding ponds and floodplains.
g. Provide typical well site schematics showing layout during drilling and upon completion
of drilling.
EXHIBIT A
h. Show location of all proposed underground pipelines. As built drawings shall be filed
with the City. All pipelines proposed in public right-ofways shall require a Right-of-
Way Use Agreement. The City Manager shall have the authority to enter into a Right-
of-Way Use Agreement.
1. Identify if pipelines connect with a Gas Distribution System.
E. Expiration of Gas Well Development Plat.
1. A Gas Well Plat requiring a Watershed Protection Permit shall expire on the earlier of the
below two (2) year expiration date or upon the expiration of a Watershed Protection Permit.
2. If improvements have not commenced as required by the Gas Well Development Plat, an
approval for a Gas Well Development Plat shall expire two (2) years from the date that the
Gas Well Development Plat is approved. The applicant may submit a written request for
one six (6) month extension of the Gas Well Development Plat prior to the expiration date.
The request shall contain documentation showing costs incurred to justify an extension.
3. Following expiration of a Gas Well Development Plat, no further gas well drilling and
production shall be allowed on the land subject to the expired plat.
(.\mc1'lae:<I Ord. No. 2001 059, 03/02/2004)
35.16.20 Construction.
Improvements related to plat approvals shall comply with the following.
A. 35.16.20.1 Pre Wfi3S'1.ie1;i51'l PRl\:Se PrOCCdlolfeS 111'la Rcquiremeflts.Pre-construction Phase I
Procedures and Requirements.
Prior to beginning construction of public improvements the City Engineer shall schedule a
pre construction conference between the owner/applicant and applicable City departments.
Representatives of public and franchise utilities shall be notified and maybe required by the City
to review the proposed improvements to be made and the requirements of this Subchapter.
B. 35,16.20,2 De.dormeRt Cofttfaet R-eql:li-rt:el. Development Contract Required.
A, 1. For all developments in which streets, drainage facilities, water or sewer lines or other
improvements are to be constructed and dedicated or conveyed to the public, a development
contract is required to ensure proper construction and completion of the improvements and
payment is t'ftlttie.made.
2. The developer shall submit the development contract, along with all required documents in
conformity with all City construction standards.
C. 35.16.20.3 CafiStfUetio1'l, Iaspeetoiel'l, ltn6 ACceptllflce.
Acceptance.
Construction,
Inspection,
and I
The construction, inspection of construction, and acceptance of public improvements after completion
shall be approved by the City Engineer if the construction conforms to the requirements of all City
construction standards.
D. 35.16.20.1 Cost of Impi"O'lieffiu'ts an6 City Pl11"tit;fplltioa.Cost of Improvements and City
Participation.
The applicant shall make all requited improvements, at his expense, according to City regulations, without
reimbursement by the City, except for certain reimbursable costs as provided in Sections 35.21.9 and
35.21.10.
E. 33.16.20.5 St:tl36:iJlaet: to Extefl8 A~s 11..l'.lU Streets to S<lbtli.-i~iofls.Applicant to Extend
Mains and Streets to Subdivisions.
EXHffiIT A
If the existing City mains and/or streets are not within or adjacent to a subdivision, the developer shall
construct the necessary extension as specified in this Subchapter. These mains or streets shall be
constructed in accordance with the master plan of the City. These facilities shall be in public easements,
secured and paid for by the developer. Such easements must be recorded as required by law before service
is extended to the subdivision.
F. 35.16.29.6 Plat Required Before Issuance of Building Permits.
A building permit shall not be issued for any property unless a final plat is recorded for that property.
G. UtilitY Extension Regulations.
In addition to satisfying Subchapter 21 and all applicable Criteria Manuals. the applicant must demonstrate
the ability to satisfy the requirements set forth herein prior to develqpment. at each stage of the platting
process, including applications for general development plans preliminar.y plats. and final plats. The
Commission may deny a g.eneral development plan or preliminar.y plat if the :lpplicant cannot demonstrate
the ability to satisfy these requirements. the requirements of Subchapter 21, and applicable Criteria
Manuals. prior to approvaL
1. Water and sewer utilities connections.
The City shall not provide any water or sewer utility connection to land proposed for
subdivision under Subchapter 16 until all of the following requirements have been met:
a. The water supply, trea !ment. storage and off-site distribution system to serve the
subdivision meet the requirements of subsection G.2.:
b. The sanitaq sewer treatment and collection system to serve the subdivision meet the
requirements of subsection G.3.:
c. The owner or developer of the subdivision or addition has executed a written agreement
with the city providin.g for the offsite extension of water and sewer mains to serve the
develo..pment. in accordance with the existing water and sewer extension regulations:
and
d. Off-site mains have been extended to the subdivision pursuant to the agreement and
this section. and water and sewer mains have been installed in accordance with the
City's specification in the block facing the street on which the property is situated and
accepted by the city. "As Built" plans in cli,gjtal format are required at the end of
construction showing the actual location of all improvements.
2. Adequate water system.
a. No general development plan, preliminar.y or final plat application shall be approved
unless the applicant demonstrates that there will be a sufficient volume and pressure for
domestic use and fire protection to serve the subdivision concurrent with development.
The water system serving the subdivision shall be deemed adequate when in
conformance with sections 35.21.3. 35.21.4 and 35.21.5. and one of the following
options. as ~licable:
1 Where the Ci1J is not the supplier, the ~plicant must provide assurance of
sufficient capaci1J. in accordance with the standards contained 'Wi.thin section
35.21.5 from the entity holding the Certificate of Convenience and Necessity
for the land to be subdivided. Such enti1J must have sufficient water supply.
water treatment and transmission capacity to serve the development.
considering all other commitments. in accordance with Ci1;y standards. The
applicant shall present written verification from the water supplier that it has
ag;r:eed to provide water service to the development in conformance with
Denton design and construction standards. The applicant shall provide
assurances that water mains will be extended to serve the subdivision prior to
the time of final plat approval for the second phase of a development plan or
phased preliminar.y plat.
EXHmIT A
2 Where City distribution mains are to be used for supplying water. and there is
an existing distribution main with adequate capacity to serve the development
within one mile of the boundaJ;y of the proposed subdivision the applicant
may. at his initial expense and subject to standard City participation policies.
extend one or more approach mains from the existing distribution main to the
subdivision, of a size sufficient to serve the develo..pment. The city reserves
the right to require oversizing of the line in accordance with standard City of
Denton oversize policies. This requirement does not apply where the
approach main is already a component of a funded capital improvement
project that the City has initiated, consistent with its adopted capital
improvements plan for water facilities.
b. The applicant shall demonstrate that the water system serving the development will be
adequate to serve the development at the time of preliminary plat approval. Where a
development plan or phased preliminaJ;y plat is proposed. the applicant shall
demonstrate that each phase of the development will be served by an adequate water
system under this standard. The approach main shall be extended to serve the entire
development subject to a development plan or phased preliminat;}' plat prior to the time
of final plat approval for the second phase of the development plan or phased
preliminat;}' plat, unless the extension is part of a funded capital improvement project
that the City has initiated consistent with its adopted capital improvements plan for
water facilities.
3. Adequate sewer ~stem.
a. No general development plan preliminary or final plat application shall be approved
unless the applicant demonstrates that there will be an ade<4.uate sanitary sewer system to
serve the subdivision concurrent with development. Adequacy of treatment facilities
cannot be demonstrated by reliance upon packag.e treatment plants. The sanitary sewer
system serving the develQpment shall be deemed adequate when in conformance with
sections 35.21.3 35.21.4. and 35.21.6. and one the following options. as applicable:
1 Where the City's sanitary sewer system is not to be used. the applicant must
provide assurance that the entity collecting the sewage holds a Certificate of
Convenience and Necessil;y for the land to be subdivided that collection
systems are adequate to accommodate sewage flows from the development
and that the treatment system to be used has adeqJ1ate capacity in accordance
with the standards in subchapter 35.21. The applicant shall provide assurances
that sanitary sewer mains will be extended to serve the subdivision prior to the
time of final plat awroval for the second phase of a development plan. or
phased preliminary plat.
2 Where Cil;y collection mains are to be used for collecting sewage. and there is
an existing collection main with adeq.uate capacity to serve the development
within one mile of the boundat;}' of the proposed subdivision. the applicant
may agree to extend one or more existing collection mains to the subdivision
of a size adequate to serve the development. at his expense. including the cost
to construct all necessary lift stations and force mains. in accordance with
standard City participation policies. The city reserves the right to require
oversizing of the line in accordance with standard City of Denton oversize
policies. This reqJ.1irement does not apply where the approach main is alread.y
a component of a funded capital improvement project that the City has
initiated. consistent with its adopted capital improvements plan for wastewater
facilities.
b. The applicant shall demonstrate that the sanitary sewer system serving the development
will be ade<4.uate at the time of preliminaJ;y plat approval. Where a development plan or
phased preliminary plat is proposed the applicant shall demonstrate that each phase of
the development shall be served by an adeqJIate sanitary- sewer system under this
standard. The approach main shall be extended to serve the entire development subiect
EXHIBIT A
to a development plan or phased preliminar.y plat prior to the time of final plat approval
for the second phase of the development pilln or phased preliminary plat, unless the
extension is part of a funded capital improvement project that the Cil;y has initiated
consistent with its adopted capital improvements plan for wastewater facilities.
AGENDA INFORMATION SHEET
AGENDA DATE:
August 30, 2005
DEPARTMENT:
Airport and Transportation Operations ,
&Wi
J F A. C' M M"
on ortune, SSlstant Ity anager
ACM:
SUBJECT
Consider the approval of a resolution of intent of the City of Denton, Texas, notifying the
Federal Transit Administration of the City of Denton's intent to transfer the federal capital
interest in certain vehicles and equipment in the City of Denton's possession currently used for
public transportation services provided by LINK to the Denton County Transportation Authority
and expressing the City's desire to assign the rights and responsibilities under Section 5307
Federal Grant interests with one exception to the Denton County Transportation Authority; and
providing an effective date.
BACKGROUND
The Federal Transit Administration (FTA) is requiring the City of Denton submit a resolution of
intent demonstrating the City of Denton's desire to assign the rights and obligations of certain
FTA grant funds and transfer the federal capital interest in capital equipment, acquired with FTA
grant funds, to the Denton County Transportation Authority (DCTA). The DCTA Board
approved a similar resolution demonstrating DCT A's desire to accept the transfer. This is a
necessary procedural action required by FTA to ensure that both governmental entities are in
agreement of the proposed assignment of the grant funded assets and grants.
Upon consideration and approval by the FT A of this notification and request, the City of Denton
and DCT A may proceed with the proposed interlocal agreement for the assignment of remaining
grant funds and the transfer of LINK assets. The interlocal agreement will include a contract of
sale that will outline the transfer of the LINK System from the City of Denton to DCTA.
ESTIMA TED SCHEDULE OF PROJECT
The resolution would become effective upon adoption by the Denton City Council. The
resolution and transfer request will be reviewed and considered by the FTA within 45 days.
PRIOR ACTION/REVIEW
The City Attorney has reviewed and approved the proposed resolution. The DCTA Board has
approved a similar resolution demonstrating a willingness to accept the assets, and will submit
the document to the FTA for consideration and approval. The City of Denton passed a resolution
of intent to sell and transfer the system on July 26, 2005 (Resolution 2005-028) to the DCT A.
DCT A passed a similar resolution indicating intent to purchase the LINK System on July 28,
2005 (Resolution No. 59-05).
FISCAL INFORMATION
The resolution outlines the intent to transfer grants and assets tied to the LINK public
transportation system that were acquired with FTA to DCTA.
1
EXHIBITS
1. Resolution
2. Attachment A
Respectfully submitted:
~",d /~',t7~
.~-~~A
, ,
Mark Nelson, Director
Airport and Transit Operations
2
S:\Our Documents\Resolutions\05\ICA DCTA-Link Res04.doc
RESOLUTION NO.
A RESOLUTION OF INTENT OF THE CITY OF DENTON, TEXAS, NOTIFYING THE
FEDERAL TRANSIT ADMINISTRATION OF THE CITY OF DENTON'S INTENT TO
TRANSFER THE FEDERAL CAPITAL INTEREST IN CERTAIN VEHICLES AND
EQUIPMENT IN THE CITY OF DENTON'S POSSESSION CURRENTLY USED FOR
PUBLIC TRANSPORTATION SERVICES PROVIDED BY LINK TO THE DENTON
COUNTY TRANSPORTATION AUTHORITY AND EXPRESSING THE CITY'S DESIRE
TO ASSIGN THE RIGHTS AND RESPONSffiILITIES UNDER SECTION 5307 FEDERAL
GRANT INTERESTS WITH ONE EXCEPTION TO THE DENTON COUNTY
TRANSPORTATION AUTHORITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (City) and the Denton County Transportation Authority
(DCTA) are authorized by law to purchase, sell, and own all public transportation assets,
including rolling stock; and
WHEREAS, the City desires to sell and transfer all capital assets and Section 5307
federal grants related to the LINK Public Transportation service with one exception and the
DCTA desires to purchase all such assets; and
WHEREAS, both parties intend to enter into an interlocal cooperation agreement (ICA)
detailing the terms and conditions of the asset sale and purchase no later than September 30,
2005; and
WHEREAS, on the 26th day of July, 2005, the City Council passed Resolution No.
R2005-028 expressing its intent to sell and transfer all LINK public transportation service assets
to DCT A and to agree to continue to provide, pursuant to the existing Agreement between the
parties dated September 7, 2004, fuel, facilities, utilities and all other equipment and services
necessary for the LINK public transportation and UNT campus shuttle operations to the DCTA
or its service contractor until the parties complete negotiations on the ICA with DCTA and the
parties have executed the ICA effectively selling and transferring all the LINK public
transportation assets to DCT A; and
WHEREAS, on July 28,2005 DCTA passed Resolution No. R59-05 expressing its intent
to purchase from the City all the City's assets that are necessary and appropriate for public
transportation service; and
WHEREAS, the transfer of the federal capital interest in certain LINK public
transportation assets from the City to DCTA cannot be consummated until the Federal Transit
Administration (FTA) approves this transfer; and
WHEREAS, as a condition of approval, FT A requires both the City and DCT A pass
resolutions authorizing the transfer of assets that have been acquired through federal grants; and
S:\Our Documents\Resolutions\05\ICA DCTA-Link Res04.doc
WHEREAS, prior to the execution of the ICA, the City Council seeks the approval of the
FT A on the transfer of public transportation assets from the City to DCT A; and
WHEREAS, once the ICA is executed, the City Council deems it in the public interest to
transfer all applicable public transportation assets to DCT A and to assign the rights and
responsibilities under Section 5307 federal grants to DCTA with the exception of Grant Number
TX-90-X659, and to pass this Resolution to expedite the transfer; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the findings set forth in the preamble of this Resolution are
incorporated by reference into the body of this Resolution as if fully set forth herein.
SECTION 2. That the City Council expresses its intent to sell and transfer all the LINK
public transportation service assets including the federal capital interest in certain vehicles and
equipment and its desire to assign the rights and responsibilities of Section 5307 federal grants,
with the exception of Grant Number TX-90-X659 to the DCTA, with these assets being shown
and more fully described on Attachment A, which is attached to and made a part of this
Resolution for all purposes.
SECTION 3. That a true and current copy of an executed copy of this Resolution will be
transmitted to appropriate officials at the Federal Transit Administration by Mark Nelson,
Director of Airport and Transportation Operations, immediately after its passage.
SECTION 4. This Resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the
day of
, 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: f44/Li/4
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