HomeMy WebLinkAboutDCA24-0009aORDINANCE NO. DCA24-0009a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE REGARDING CHARTER SCHOOLS, INCLUDING BUT NOT
LIMITED TO AMENDMENTS TO TABLE 5.2-A: TABLE OF ALLOWED USES,
SUBSECTION 5.3.4: PUBLIC, INSTITUTIONAL, RELIGIOUS, AND CIVIC USES USE-
SPECIFIC STANDARDS, TABLE 7.9-1: MINIMUM REQUIRED OFF-STREET PARKING,
AND SECTION 9.2: DEFINITIONS RELATED TO THE APPLICABILITY AND
REQUIREMENTS OF CHARTER SCHOOL USES; PROVIDING FOR A PENALTY IN THE
MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (DCA24-0009a)
WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of
Denton adopted the newly revised 2019 Denton Development Code, the (“DDC”); and
WHEREAS, as part of the State of Texas 88th Legislative Session House Bill 1707 was
adopted and became effective date of June 12, 2023, amending Section 12.1058 of the Texas
Education Code and further restricting a City’s ability to regulate charter schools; and
WHEREAS, in response to the changes to Section 12.1058 of the Texas Education Code,
the City desires to update the regulations related to charter school uses in Subchapter 5 and
Subchapter 9 of the DDC to simplify allowable zoning districts, use-specific standards, and revise
definitions; and
WHEREAS, the amendments include the following:
1
2.
3.
4.
Table 5.2-A: Table of Allowed Uses – Update to add Charter School Use
Subsection 5.3.4J: Use Specific Standards, “Charter School” – Add standards for charter
schools set by state law
Table 7.9-1: Minimum required Off-Street Parking – Update to consolidate Public and
Private School parking and add Charter School parking
Section 9.2: Definitions – Define “School, Charter”
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 [4-0] of the amendment to the Denton Development Code; and
WHEREAS, on August 20, 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 federal, state, and local law are in 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.
Page 1 of 5
SECTION 2. Table 5.2-A: Table of Allowed Uses, Subsection 5.3.4J “School, Charter”,
Table 7.9-1: Minimum Required Off-Street Parking, and Section 9.2: Definitions of the DD(_' are
amended as set forth in “Exhibit A” which is attached and fully incorporated herein by
reference
SECTION 3. Any person, firm, partnership, or corporation violating any provision of
this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be
punished by fine in sum not exceeding $2,000.00 for each offense. Each day that a provision of
this ordinance is violated, shall constitute a separate and distinct offense.
SECTION 4. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of
the provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Development Code of Ordinances, as
amended, in effect when the offense was committed, and the former law is continued in effect for
this purpose.
SECTION 6. 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 al h II,_ J
and seconded by Jr\\ hJc/ , the ordinance was passed and
approved by the following vote [ c[
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:-Z
U/Vicki Byrd, District 1 :
Brian Beck, District 2:7
Paul Meltzer, District 3 :,/
Joe Holland, District 4:V‘
,/
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the ZN- d,y,f n VSbS +, 2024.
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a%
GERARD FRo
ATTEST:
LAUREN THODEN, CITY SECRETARY
daaan_abd„,
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
-V%''"-BY: U
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Exhibit A
Amend 5.2.A Table of Allowed Uses as follows:
Table 5.2-A: Table of Allowed Uses
P = permitted S = s 'ific use permit required Blank ceH = use prohibited + = use-specific standards a
Amend Subsection 5.3.4: Public, Institutional, Religious, and Civic Uses Use Specific Standards as
follows
Add the following use and standard:
5.3.4J. Charter School
1 . Use, Operation, and Qualification. The entity must conlply with Texas Education Code, Subchapter D,
Section 12. 1058.
Amend 7.9-1: Minimum Required Off-Street Parking as follows:
Table 7.9-1: Minimum Required Off-Street Parking
DU = d\yelling unit sq ft = squmr -iFa=
I
Business or Trade School Director determination, see 7.9.4E. 1
College or University Director determinationmlm
: I r 1 Henl€htTa3Tdm+ -T
High school: 1 space per 2 students design capacity, plus 1 space per emp:o)'cc on the largest
SehQOkPt}bnc
the largest shift, plus guest spaces determined by the school
High school: 1 space per 2 students design capacity, plus 1 space per employee on the largest
crest spaces determined by the schoolm-entary i:;iiddl im> => 12 stud aimMI ) =T
the largest shift, plus guest spaces determined by the school
School (Pri\'atc. Public, and
Charter)
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High school: 1 spl,cc per 2 students design cap;lcily
shift, plus gu'bl spaces determined by thc sc llool
plus 1 space per employ,'L’ tIll the largest
Amend Section 9.2: Definitions as follows:
Add the following term and definition:
School, C harter: Any home-rule -,clrool district charter, callrpus or campus chaI tcl, or open-enrollment
charter school that complies \vith Chapter 12, Sectiolls B, C, or D of the Texas Education Code as appIIcable
and amended. A facility or area for pre-kindcl}'tII'tens, kindergartens. elementary, or secondary cclucation
governed by a Filarter,
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