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DCA18-0009u5:\Legal\Our pocuments\Ordinances\19\DCA18-0009 2019 City Zoning Classifications 091319 amendment.docx �' � ' �' �` ' i i �� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CITY-WIDE REZONING, TO COINCIDE WITH ZONING REGULATIONS ADOPTED UNDER THE NEWLY REVISED DENTON DEVELOPMENT CODE; ESTABLISHING A PENALTY IN THE MAXIMUM AMOUNT OF $2000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (DCA18-0009} WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code, which coincided with a city-wide rezaning consistent with its new regulations; and WHEREAS, the newly revised Denton Develapment Code, approved by Ordinance No. DCA18-0009q, established new zoning districts, thereby necessitating the modification of all existing zoning districts within the Denton city limits, as well as the initial assignment of zoning for previously unzoned property lying within the Denton city limits on the Official Zoning Map of the City, consistent with the revised Denton Development Code; and WHEREAS, on April 10, 2019, the Planning and Zoning Commission, held a public hearing and recommended approval 7-0 of a draft Zoning Map and Zoning District Transition Chart, specifying the initial zoning assignments and changes herein considered; and WHEREAS, on April 23, 2019, the City Council opened and continued a public hearing in accordance with local and state law, heard testimony, and unanirnously voted to continue the public hearing to August 6, 2019; and, WHEREAS, on August 6, 2019, the City Council continued ihe public hearing for the draft Zoning Map ta September 17, 2019; and WHEREAS, the City Cauncil of the City af Denton finds that the change in the zaning districts and use classification is consistent with the Denton Plan, the 2019 Denton Development Code, and federal, state, and local law and is in the best interests of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Council of the City of Dentan finds that the change in the zoning districts and classifications should be granted as set forth herein; 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. ,I:�; "C'i�� , Effective October 1, 2019, and subject to the enumerated exceptions listed below, the zoning districts and use classifications of properties within the city limits of Denton, Texas are hereby amended to reflect the changes and initial zonings specified in the Amended Zoning District Transition Chart, attached hereto, and fully incorporated herein by reference as Exhibit A. .. � 1. Those properties previously rezoned to 2019 zoning districts through City- initiated rezaning on June 1 l, 2019 and July 23, 2019 will retain the zoning classifications therein determined, and their zoning is not altered by this Ordinance or the Amended Zoning District Transition Chart in ��:a�� . 2. Those properties previously designated under prior development codes as Master Planned Communities (MPCs), including Cole Ranch, Hunter Ranch, and Hills of Denton MPCs, shall retain the zoning and development regulations established by their respective MPC ordinances, specifically including those regulations incorparated (ar excepted) from priar development codes or ordinances as they existed on the date of approval for each MPC approval ordinance and amendment. 3. Those properties previously zoned under prior zoning and development codes as Planned Development Districts (PDs), including PD-2, PD-111, PD-115, PD-120, PD-132, PD-138, PD-139, PD-142, PD-170, PD- 172, PD-173, PD-174, PD-176, PD-187, and PD-191, shall retain the currently valid zoning and development regulations established by their respective PD ordinances, specifically including thase regulations incorporated (or excepted) from prior development codes or ordinances as they existed on the date of approval for each PD approval ordinance and amendment. Notwithstanding this exception for existing regulations, it is the intent that all future amendments ta areas currently defined as PD districts shall follow the procedures and amendatory regulations in existence at the time of such future amendments, to the extent authorized by law. 4. The Rayzor Ranch Overlay District (RROD) shall retain the zoning and development regulations established by its respective approval and amendatory ardinances, specifically including thase regulations incorporated (or excepted) from prior development codes or ordinances as they existed on the date of each approval ordinance and amendment. Notwithstanding this exception for existing regulations, it is the intent that all future amendments to the RROD shall follow the procedures and amendatory regulations in existence at the time of such future amendments, to the extent authorized by law. SECTION 3. Effective October 1, 2019, the City's Official Zaning Map shall be amended to reflect the changes and initial assignments of zoning districts and use classifcations herein established. ��_r��"1 �)�i ��. Any persan, firm, partnership or carporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanar and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision af this ordinance is violated shall canstitute a separate and distinct offense. `��;s��"It��1IT�p 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 pravisions or applicatians, and to this end the provisions of this ordinance are severable. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was cammitted and the former law is continued in effect for this purpose. .. � SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this Ordinance shall take effect on October 1, 2019, which is a date 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. second d bymotio � to a�rov� h� � ordinance was ma he ordi�nance was � as ed and appro LL and PP Y . � "� � �.�. �_ p ed by �N�� ,alqc�� vc�� `� � ��_.I:� Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 Paul Meltzer, At Large Place 6: Aye Nay Abstain Absent PASSED AND APPROVED this, the ��.,.day of ATTEST: ROSA RIOS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY $Y, /c/TPrrv R TlrakP T� .� •�+ � �a..._._.. _....______........� PAGE 3 OF 3 ()19.. EXHIBIT A ��°��°� ' � ��°� i� �� , � ��N �,�� i�i�� IIIII�� RuralAreas Residential - Low Density (up to 4 dwelling units per acre) Residential — Moderate Density (4 — 12 dwelling units per acre) Downtown Compatibility Area Downtown Denton Regional Mixed Use Community Mixed Use Neighborhood Mixed Use Business Innovation Neighborhood/University Compatibility Area Commercial Government/Institutional Industrial Commerce Various Various Various Various A, RD-5, RC, (including previously un-zoned parcels designated for reference as RD-5X) N R-1 N R-2 N R-3 N R-4 N R-6 DR-1, NRMU-12, MF-1 DC-N, DC-G RCC-N,RCC-D Various DR-2, RCR-1, RCR-2, NRMU EGC EC-I, IC-E Various CM-G, CM-E Publicly Owned Properties (e.g., City of Denton, TWU, UNT, DISD, state, and federal properties) IC-G PD Properties zoned or rezoned with conditions MPC Municipal Airport Overlay, Fry Street Overlay, and Unicorn Lake Overlay PAGE 4 OF 4 RR R1 R2 R3 R4 R6 R7 MD—within DTIP MN—outside DTIP MR Various MN GO LI Various SC — along arterials HC — along I-35 PF HI PD PD, with the underlying regulations and standards governed by the 2019 Development Code M PC Overlay Districts, with the underlying regulations and standards governed by the 2019 Development Code