DCA23-0009aORDINANCE NO. DCA23-0009a
AN ORDiNANCE OF THE CITY OF DENTON, TEXAS AMENDING THE DENTON
DEVELOPMENT CODE, SPECIFICALLY AMENDMENTS TO SECTION 2.6.3
PRELIMINARY PLAT RELATED TO THE APPLICABILITY AND REQUIREMENT OF
PRELIMINARY PLATS; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (DCA23-0009a)
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, as part of the State of Texas 88th Legislative Session House Bill 3699 was
adopted and became effective September 1, 2023, amending Chapter 212 of the Texas Local
Government Code and further restricting a City’s ability to regulate plat applications; and
WHEREAS, in response to the changes to Chapter 212 of the Local Government Code the
City desires to amend the platting processes contained in Subchapter 2 of the DDC to make
preliminary plats optional instead of required for properties within the City’s corporate limits; and
WHEREAS, on September 13, 2023, 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 [7-0] of the amendment to the Denton Development Code; and
WHEREAS, on September 19, 2023, 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 are in best
interests of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF
DENTON HEREBY ORDArNS :
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. Section 2.6.3: Preliminary Plat of the DDC is amended as shown below:
2.6.3 - Preliminary Plat.
A.Purpose. The preliminary plat procedure provides a mechanism for the city
to review an overall plan for a proposed subdivision to ensure compliance with
this DDC, the Comprehensive Plan, other applicable city plans and
regulations, and the adequate provision of facilities and services in the city.
B Applicability.
1. A preliminary plat is optional within the corporate limits of the City.
required if the proposed subdivision is within the city limits and:
a. Is on land that has not been platted;
b. Is on land that will be developed in phases;
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c. 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.
A preliminary plat is prohibited within the ETJ.2.
SECTION 3. 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 4. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Development Code, as amended, in effect
when the offense was committed, and the former law is continued in effect for this purpose.
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 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 SrA.. Jen CUbe - HcGc and
seconded by Beth-,, Bcc h , the ordinance was passed and approved by
the following vote U - M :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:t
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer. District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:&
_, 2023.PASSED AND APPROVED this the IIth dayof_Sy4evKh/
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ATTEST:
JESUS SALAZAR, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
u/th&\ /f \Ath \: : ; ;( Ii:lg; : : : 3 6 : 1 9
BY. J -05'oo'
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