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Ordinance Created by DCA18-0009q 2019 CW
Amended by – Ordinance DCA21-0002a 05/04/2021 CW
ORDNANCE NO. DCA21-OO02a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE SECTION 2.6, “SUBDIVISION PROCEDURES,” SPECniCALLY,
AMENDING SUBSECTION 2.6.3, “PRELIMINARY PLAT” PROHiBITING PRELIMINARY
PLATS WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROViDrNG A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
(DCA2 1 -0002a)
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 DDC Section 2.6, Subdivision Procedures , to
prohibit preliminary plats within the City’s Extratemitorial Jurisdiction (“ETJ”); and
WHEREAS, on April 21, 2021, 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] of the amendment to the Denton Development Code; and
WHEREAS, on May 4, 2021, 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 of Denton; 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.
SECTION 2. Subchapter 2 Administration and Procedures, Section 2.6 Subdivision
Procedures, Subsection 2.6.3 Preliminary Plat, Subpart 2.6.3.B Applicability of the Denton
Development Code, is hereby amended as provided herein:
Applicability.
1 A preliminary plat is required if the proposed subdivision is within the
city limits and:
a.
b.
C.
Is on land that has not been platted;
Is on land that will be developed in phases;
Will include the dedication of public right-of-way, other public
tracts, or public improvements not determined to be eligible for
minor subdivision processing; or
d Is not eligible to be processed as an administratively approved plat,
pursuant to Subsection 2.6.2.
2. A preliminary plat is not required but may be submitted prohibited within
the ETJ.”
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 of this 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) 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 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.
The motion tO approve this ordinance was made by a:ha Qq Cba and
seconded by c T, the ordinance was passed and approved by
the following vote [L - (J
Aye
./
/‘
,„,‘
7
Nay Abstain Absent
Mayor Gerard Hudspeth:
Birdia Johnson, District 1 :
Connie Baker, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:J
Deb Armintor, At Large Place 5 : /
Paul Meltzer, At Large Place 6: /
PASSED AND APPROVED thi,, th, q+b d,y ,f Maul 202 1
E 'H, MAYOR
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At StIll ft//1
ATTEST:
ROSA RIOS, CITY SECRETARY
-
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by Mack
n wand
Ite: 2021.04.21 18:44:28BY:
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