DCA19-0015aS:\Legal\Our pocuments\Ordinances\19\DCA 19-0015 - Rczoning Overlay Conditions Under Prior Regulationsjd docx
oR��NANCE No. DCA19-0015a
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 1.7.8, REZONINGS
WITH OVERLAY CONDITIONS UNDER PRIOR REGULATIONS, OF THE DENTON
DEVELOPMENT CODE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR SEVERABIL[TY AND AN
EFFECTIVE DATE. (DCA19-0015)
WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of
Denton, Texas adopted a new Denton Development Code (the "2019 DDC"); and
WHEREAS, the City desires to amend Section 1.7.8 of the 2019 DDC, to clarify that prior
base zoning and overlay regulations should carry forward as a planned development, in order to
supplement the zoning and design regulations for the newly transitioned base zoning, as needed to
approximate the prior regulations; and
WHEREAS, on November 6, 2019, the Planning and Zoning Commission, in compliance
with the laws ofthe State ofTexas, gave the requisite notices by publication, and held due hearings,
and recommended approval [6-0] of the amendment to the Denton Development Code; and
WHEREAS, on November 19, 2019, the City Council likewise conducted a public hearing
in accordance with local and state law, and the City Council hereby finds that the subject
amendment to Subchapter 1 is consistent with the City's comprehensive plan, and federal, state,
and local law, and are in best interests of the citizens of the City of Denton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECT[ON l. The fndings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. Section 1.7.8 in the 2019 DDC is amended to read as follows:
Any property that was rezoned with overlay conditions under the prior regulations shall be
designated as a Planned Development (PD) on the "Official Zoning Map of City" and shall be
governed by the conditions listed in the ordinance authorizing the rezoning. All remaining zoning
district regulations and design standards shall be governed by the base zoning district and the
development standards of this DDC, effective on October l, 2019. Proposed changes to such
properties shall follow the PD amendment procedures provided in paragraph 2.7,3C.6.d:
Amendments to a Planned Development.
SECTION 3. Exhibit A is attached to show specific text changes in context and is for
reference only.
SE�"['1(]N 4. 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 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 5. 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 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 committed, and the former law is continued in effect for this purpose.
SECTION 7. [n 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 ofthis 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 t��rnv� this ��rdiriance was made by i��GC L�f� ��� ��.
and seconded by .�U/(�'r' ,�+ y,�� �v _, the ordinance was passed and
approved by the following vote [� -_G' �:
Aye Nay Abstain Absent
Chris Watts, Mayor:
Gerard I-ludspeth, District I :
Keely G. I3riggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
�
✓
✓
✓
✓
✓
✓
` 7
PASSED AND APPROVED this the ���`� day of �L��rL" ��C.- , 2019.
�� ��
CHR1� W11TTS, MAYOR
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ATTEST:
ROSA RIOS, C[TY SECRETARY
i
BY: _�l'��� _�_1,�1�
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Cvnthia R. Kirchoff
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EXHIBIT A (For Reference)
1.7.8 Rezonings With Overlay Conditions Under Prior Regulations
Any property that was rezoned with overlay conditions under the prior regulations shall be
designated as a Planned Development (PD) on the "Official Zoning Map of City" and shall be
governed by the cc�ndi�in��s li4te�l ii� ll�c �E ordinance authorizing the rezoning. nll rrii���iriisi�
�.c�c�in� cji5ti�i�t r� �til�ili���iti a�7cl cictii �iz s���n�Ic1I'C�ti tiIl'rIII �7L' �nvCrn�c� h�17c: h�se cniiin� �ii5�ri�< <iiic�
the develn ment standards of this DQC, eifecti�e nn �ctnher 1 20� 9. Proposed changes to such
properties shall follow the PD amendment procedures provided in paragraph 2.7.3C.6.d:
Amendments to a Planned Development.
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