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DCA21-0002aFILE REFERENCE FORM  Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials 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 Page 2 of 3 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: Page 3 of 3