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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.