HomeMy WebLinkAboutDCA24-0008aORDINANCE NO. DCA24-0008a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE SUBCHAPTER 2. ADMINISTRATION AND PROCEDURES,
SUBSECTION 2.3.3B PLANNING AND ZONING COMMISSION OPERATIONAL
PROCEDURES; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(DCA24-0008)
WHEREAS, pursuant to Ordinance No. DCA24-0008, the City Council of the City of
Denton adopted the newly revised 2019 Denton Development Code, the (''DDC”); and
WHEREAS, the City desires to amend the DDC to establish a process for the Planning and
Zoning Commission to reconsider agenda items; and
WHEREAS, the amendments include the following:
1. Subchapter 2. Administration and Procedures, Subsection 2.3.3B Planning and Zoning
Commission Operational Procedures – Update to allow for reconsideration procedures
associated with certain zoning and development applications.
WHEREAS, on July 17, 2024, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, gave the requisite notices by publication, held due hearings and
recommended approval [5-0] of the amendment to the Denton Development Code; and
WHEREAS, on August 6, 2024, the City Council likewise conducted a public hearing in
accordance with local and state law and the City Council hereby finds that the Code amendments
are consistent with the City’s comprehensive plan, and the federal, state, and local law are in the
best interests of the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. DDC Subchapter 2. Administration and Procedures, Subsection 2.3.3B
Planning and Zoning Commission Operational Procedures is amended to create Subsection
2.3.3B.5, “Reconsideration’' as set forth in “Exhibit A” which is attached and fully incorporated
herein by reference.
SECTION 3. Any person, firm, partnership, or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by a
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated, shall constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
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SECTION 5. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Development Code of Ordinances9 as
amended, in effect when the offense was committed, and the former law is continued in effect for
this purpose.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
The motion to approve this ordinance was made by avi Flt 1 it, r and
seconded by $ftl-. See IL , the orc) d bythe following vote U- J :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:-/
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Vicki Byrd, District 1 :
Brian Beck. District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:/
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Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the dt- d,y,f AuS,JI _, 2024.
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
B Y : +/1
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Exhibit A
DDC 2.3.3B.5 Reconsideration
5.Reconsideration:
a.A member desiring to make a motion to reconsider any subdivision variance or
recommendation for Specific Use Permit, Comprehensive Plan Amendment, Zoning
(Map or Text) Amendment, Planned Development, or Alternative Environmentally
Sensitive Area (ESA) Plan, shall notify the Director or designee no later than 10:00 am
Central time on the Thursday prior to the next succeeding official meeting of the
Planning and Zoning Commission, except as provided in b. below.
b.A member desiring to make a motion to reconsider an agenda item that has already been
publicly noticed for City Council consideration and scheduled to be presented at the
following week City Council meeting, shall notify the Director or designee no later than
10:00 am Central time on the Friday immediately following the Planning and Zoning
Commission meeting. If the reconsideration request is not received within the designated
timeframe, the item will be presented to City Council as scheduled.
c. Motions to reconsider an agenda item can only be made by a member who voted with the
prevailing side and can be seconded by any member.
d. If the motion to reconsider prevails, the item must follow all requirements outlined in
DDC Section 2.4.6 – Step 4: Scheduling and Notice of Public Meetings/Hearings ,
including public notice if applicable, prior to the Planning and Zoning Commission
reconsideration.
e. If the motion to reconsider fails, the original vote stands and, if applicable, all
requirements outlined in DDC Section 2.4.6 – Step 4.' Scheduling and Notice of Public
Meetings/Hearings must be followed for the next available City Council date.
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