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ORDINANCE NO. Q 006 —a5s9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTERS 3, 13 AND 17 OF THE DENTON DEVELOPMENT CODE, AS THEY
RELATE TO REQUIRED PROCEDURES FOR CONSIDERATION AND APPROVAL OF
ALTERNATIVE DEVELOPMENT PLANS; PROVIDING FOR A PENALTY CLAUSE WITH
A MAXIMUM FINE OF $2,000.00 PER DAY FOR VIOLATIONS THEREOF; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (DCA06-0013)
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapters 3, 13 and 17; 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 above recitals are incorporated herein and found to be true.
SECTION 2. Subsections 35.3.4.A.6, 35.3.4.13.2.17, 35.3.5.A.4, 35.3.5.D.3, 35.13.5 and
35.17.12 of the Denton Development Code are hereby added or amended as shown below.
Unchanged provisions are shown for reference only, and omitted provisions are not intended as
deletions:
35.3.4 Zonina Amendment Procedure.
A. The following actions shall follow the Zoning Amendment Procedure:
1. Consider an amendment to the Denton Development Code.
2. Consider an application for a zoning change that conforms to the Future Land Use element of the
Denton Plan,
3. Consider an application for a Specific Use Permit.
4. Consider an application for an Exaction Variance from the Subdivision Regulations.
1
5. Consider an application to expand a Special Exception.
6. Consider an application for an Alternative 13evelaprnefl � Environmentally Sensitive Area Plan.
B. Criteria for approval - Generally:
1. A complete application and fee shall be submitted.
2. Applications may be approved when the following standards are met:
a. The proposed rezoning conforms to the Future Land Use element of The Denton Plan.
b. The proposed Specific Use Permit meets the criteria set forth in Subchapter 6, and conforms to
the purpose and intent of The Denton Plan.
c. The proposed rezoning or Specific Use Permit facilitates the adequate provision of
transportation, water, sewers, schools, parks, other public requirements and public convenience.
d. The proposed Exaction Variance is appropriate based on a finding that the imposition of the
regulation(s) exceeds any reasonable benefit to the property owner or is so excessive as to
constitute confiscation of the tract to be platted.
e. The proposed Special Exception (or expansion) to the zoning regulations is appropriate based on
the character and use of adjoining buildings and those in the vicinity, the number of persons
residing or working in such building or upon such land, traffic conditions in the vicinity, and
conformance of such area to the Zoning Map and The Denton Plan. In granting a special
exception the board may designate conditions that, in its opinion, will secure substantially the
purpose and intent of this Chapter. A special exception shall only be granted upon a finding that:
i The exception is in harmony with this Chapter;
u The public welfare and convenience are substantially served;
iii Neighboring property is not substantially injured;
iv The exception will not alter essential character of the district and immediate
neighborhood; and
v The exception will not weaken the general purposes of this Chapter.
F p - ie; (-n de.
35.3.5 Planning and Zoning Commission Procedure.
A. The following actions shall follow the Planning and Zoning Commission Procedure:
1. Consider an application for a Plat.
2. Consider an application for a Hardship, Variance from the Subdivision Regulations.
3. Consider Arran apatlicarion for an Alternative Tree Preservation Plan.
4. Consider an application far an Alternative Development Plan.
D. Appeals:
1. The Planning and 'Zoning Commission decision on Plats is final and may not be appealed.
2. The Planning and Zoning Commission decision on a Hardship Variance may be appealed to the City
Council by the applicant.
3. The Planning and Zoning Commission decision on an Ahernwive Development Plan may be
appealed to the City Council by the applicant or by the Citv Manager's designate: however, no further
public notification or public hearing Shull be required on appeal.
35.13.5 Alternative Development Plan
Subehaptef but dees 2ie e • lk•ifld,fds 0 this `' tilielitif, term The Alternative Development Plan provides the
option to address the design criteria through a flexible discretionary process '. utihzing
the Ze--`• r Planrunand 7,oning Commission Procedure VEHeessoutlined in Subchapter 3.5.
A. Criteria for Approval. The goals and objectives which must be met, and by which the proposal will be
judged are:
1. Preserve Existing Neighborhoods.
2. Assure quality development that fits in with the character of Denton.
3. Focus new development to activity centers to curb strip development and urban sprawl.
4. Ensure that infrastructure is capable of accommodating development prior to the development
occurring.
5. Ensure that the developer's alternative 1)ronosal results overall in a high auglny development meeting
the intent of the design standards in Chapter 13 of the Denton Development Codc
35.17.12 Alternative Environmentally Sensitive Area Plans
. i -es - - 4 t1914 8ttl!e.. The
Alternative Environmentally Sensitive Area Plan provides the option to address the regulations through a flexible
discretionary process, 111A _.. W_ j� utilizing the ..
"macs, Zonntg Amendment Procedure outlined in Subchapter 3.4. The Alternative Environmentally
Sensitive Area Plan shall demonstrate that the developer's alternative proposal results overall in a high quality
development meeting the intent of the standards in the Denton Development Code.
SECTION 3. Any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not 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 fourteen (14) days from the date of
its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record -Chronicle, a daily newspaper published in the City of
Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the �� L day of 17bk, 2006.
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PERK . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: `
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY