DCA19-0024bS:\Legal \Our Documents\Ordinances\20\DCA 19-0024 ESA Ordinance Amendment CRK Edits.docx
ORDINANCE NO. DCA19-0024b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE SUBCHAPTER 2, "ADMINISTRATION AND PROCEDURES,"
RELATED ALTERNATIVE ENVIRONMENTALLY SENSITIVE AREA (ESA) PLANS AND
PLATTING; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 .00
FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (DCA19-0024b)
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, the City desires to amend Section 2.8.4 Alternative Environmentally
Sensitive Area (ESA) Plan of the DDC to remove the requirement in Step 2 that an alternative
ESA plan be submitted and reviewed concurrently with a plat; and
WHEREAS, on February 5, 2020, 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 [6-0] ofthe amendment to the Denton Development Code; and
WHEREAS, on March 3, 2020, the City Council likewise conducted a public hearing in
accordance with local and state law and the City Council hereby finds that the subject amendments
to Subchapter 2 are consistent with the City's comprehensive plan, and federal, state, and local
law are in best interests of the City ofDenton; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The findings and recitations contained in the preamble ofthis ordinance are
incorporated herein by reference and found to be true .
SECTION 2 . The 2019 DDC is amended as set forth in "Exhibit A," which is attached and
fu lly 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 ofthis 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) ofthe 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 ofthe
date of its passage.
The motion to approve this ordinance was made by W/f/11 £VNL!/
and seconded by Grelbflll..t> ..f/ J,V/)S/)fffl , the ordinance was passed and approved
by the following vote [ {) -_Lj:
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G. Briggs, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Annintor, At Large Place 5:
Aye
V'
v
v'
.;
./
Nay
Paul Meltzer, At Large Place 6: I
Abstain
PASSED AND APPROVED this, the ~d day of 'IJZ~ , 2020.
Absent
C>i(j)~-
CHRIS WATTS, MAYOR
ATTEST:
ROSARIOS, CITY SECRETARY
BY :.~~ -----
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 2 of2
The alternative ESA plan provides the option to address the ESA regulations through a flexible
discretionary process using the procedure outlined in Section 2.7.2: Zoning Map Amendment.
An alternative ESA plan is required when development deviates from regulations
established in Section 7.4: Environmentally Sensitive Areas, and encroaches or removes
protected ESAs.
Figure 2.8-3Figure 2.8-3 identifies the applicable steps from the common review procedures in
Section 2.4 that apply to the review of alternative ESA plans. Additions or modifications to the
common review procedures are noted below.
A pre-application conference is required in accordance with Subsection 2.4.3.
Citizen Participation is recommended in accordance with Subsection 2.4.3B: Citizen
Participation.
The alternative ESA plan application shall be submitted and accepted, and may
be revised or withdrawn, in accordance with Subsection 2.4.4.
Pre-application
conference
required; Citizen
Participation
recommended
Submit to
Director Review by Staff P&Z and City
Council hearings
required
P&Z review; City
Council review and
decision
Director to amend
the Official Zoning
Map
The Director may require additional information deemed appropriate and
necessary to process the application.
The Director shall review the alternative ESA plan application and prepare a staff
report and recommendation in accordance with the general approval criteria
applicable to all applications in Subsection 2.4.5, and the approval criteria in
Subsection 2.8.4D below.
The alternative ESA plan application shall be scheduled for public hearings before the
Planning and Zoning Commission and the City Council an d shall be noticed pursuant
to Table 2.2-A: Summary of Development Review Procedures, and Section 2.4.6.
The Planning and Zoning Commission shall review the alternative ESA plan
application in accordance with the approval criteria in Subsection 1.1.1D below,
and shall forward its recommendation to the City Council.
The City Council may review and approve, approve with conditions, or deny
the alternative plan application in accordance with the approval criteria in
Subsection 2.8.4D below.
If the Planning and Zoning Commission recommends denial of the
alternative ESA plan, the alternative plan shall become effective only by a
three-fourths vote of all members of the City Council.
The rules governing amendment over protest are the same as for a zoning
amendment and are contained in TLGC, Chapter 211. The Director may
prescribe forms for protest petitions.
Property owners within 200 feet of a proposed rezoning, as indicated on the
most recently approved city tax roll, may file a written protest against the
rezoning. If written protests are received by owners of 20 percent or more of
the area within 200 feet of the proposed rezoning, approval shall require
three-fourths vote of the City Council for an alternative plan to become
effective. In such case, a supermajority vote shall not be required by the
Planning and Zoning Commission.
Post-decision actions and limitations in Section 2.4.8 shall apply. The City Council
decision is a final action and may not be appealed.
The City Council may approve the alternative ESA plan with conditions necessary to mitigate the
impacts of the proposed development upon considering the factors and goals noted in this
section.
Mitigation goals are obtained by creating, expanding, and/or improving ESAs.
Mitigation goals are obtained by preserving ESAs above the minimum requirements,
exchanges between different types of ESAs, installing pollution prevention controls, and/or
implementing best management practices or any other approaches that result in the
improvement of the environment being impacted.
Areas offered as mitigation are linked to existing or planned open space or conserved areas
to provide an overall open space system.
Development is arranged for maximizing access and utilization of the ESAs by citizens.
Areas offered as mitigation are placed either in a lot or lots that incorporate a permanent
conservation easement, a preserved habitat, restrictive covenants, or such other legal
mechanism to allow for the long term conservation of said areas. Such legal mechanism s
shall limit any future land disturbing activity or construction within the ESAs, shall run with
the land, and shall be binding upon all successors and assigns of the current owner.
The alternative ESA plan shall demonstrate that the property owner’s alternative proposal
results in a high-quality development meeting the intent of the standards in this DDC.