DCA22-0001cORDNANCENO DCA22-OOOIC
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTONDEVELOPMENT CODE TO PROVIDE FOR PATHWAYS AND TRAILS IN SECTION7.4.7A, PERMITTED USES AND ACTIVITIES IN RIPARLAN BUFFER AND WATER-
RELATED HABITAT ENVIRONMENTALLY SENSITIVE AREAS (ESAS) AND 7.4.8A,PERMITTED USES AND ACTIVITIES IN CROSS TIMBERS UPLAND HABITAT ESAS=PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FORVIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE (DCA22-0001 a)
WHEREAS, pursuant to Ordinance No. DCA17-0011d, the City Council of the City of
Denton, Texas adopted revisions to Section 7.4 Environmentally Sensitive Areas of the Denton
Development Code; and
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”) with revisions fromDCA17-0011 d; and
WHEREAS, the protection of Environmentally Sensitive Areas promotes green space and
open space corridors; and
WHEREAS, construction of trails within the green spaces and open space corridorssupports the goals of protecting Environmentally Sensitive Areas and enhancing the city’s
distinctive community character and quality of life; and
WHEREAS, construction of trails within Environmentally Sensitive Areas in certain
circumstances facilitates the Parks, Recreation and Trails System Master Plan; and
WHEREAS, on March 9, 2022 the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, gave the requisite notices by publication, and held a public hearing,
and recommended approval 7 - 0 of the amendments to the Denton Development Code; and
WHEREAS, on March 22, 2022 the City Council likewise conducted a public hearing in
accordance with local and state law, and the City Council hereby finds that the Code amendments
are 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:
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. The 2019 DDC is amended as set forth in “Exhibit A.” which is attached
and fully 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 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 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. 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 ishereby 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.
Th, m,ti,„ t, ,pp„„, thi, „di„,„,, w„ m,d, by (r KIra.- HMpen ,„d
the ordinance was passed and approved byseconded by A 1 i SO M
the following vote U - al
Aye,/Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :1/
1/
1/
k/
Brian Beck, District 2:
Jesse Davis, District 3 :
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :k/
1/Paul Meltzer, At Large Place 6:
PASSED AND APPROVED thi,, th, 2Z'”Id,y ,f M&roh , 2022
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY:Jh.
Page 2 of 4
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
IM@talg:onBY: ' ) v
Page 3 of 4
EXHIBIT A
Amend Section 7.4.7A. to add the following:
A. Permitted Uses and Activities
12. Pathway clearings to establish and maintain publicly owned and publicly
operated trails, subject to approval by the Department of Environmental
Services.
Amend Section 7.4.8A. to add the following:
A. Permitted Uses and Activities
5. Re-establishment and maintenance of clearings, old roads and open space for
publicly owned and publicly operated pathways and trails, subject to the
approval by the Department of Environmental Services.
Page 4 of 4
FILE REFERENCE FORM
X Additional File Exists
Additional File Contains Records Not Public, According to the Public Records Act
Other
FILE(S)
DCA17-O011d
DCA18-00091
Date Initials
3-25-22 1 EC
3-25-22 1 EC