2006-125
ORDINANCE NO. 2006 -12,1)
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF
SUBCHAPTER 16 (SUBDIVISIONS) OF THE DENTON DEVELOPMENT CODE;
PROVIDING FOR A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton,
Texas adopted the Denton Development Code, being Chapter 35 of the Code of Ordinances of
the City of Denton, Texas, as amended (the "Development Code"); and
WHEREAS, after conducting a public hearing as required by law, the Planning and
Zoning Commission has recommended certain changes to Subchapter 16 of the Development
Code; and
WHEREAS, after conducting a public hearing as required by law, the City Council finds
that the subject changes to the Development Code are consistent with the Comprehensive Plan
and are in the public interest; 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 are true and correct.
SECTION 2. Subchapter 16 of the Development Code is hereby amended in part as
follows:
35.16.11. Preliminary Plats.
A. Purpose and applicability.
A preliminary plat shall be required for all proposed developments or
subdivisions of land within the corporate boundaries of the Citv. except where
otherwise provided in this Subchapter. A preliminarv plat is neither required nor
permitted in the extraterritorial iurisdiction. The required preliminary plat is
intended to provide sufficient. information to evaluate and review the general
design of the development to ensure compliance with the Denton Plan, the Denton
Development Code, and the Thoroughfare Plan, and the requirements of this
Subchapter. Where a general development plan is required, the preliminary plat
shall conform to the approved development plan.
35.16.12. Final Plats.
A Purpose and applicability.
A final plat of the property to be subdivided or developed is required of all
developments to which this Subchapter applies. The final plat is intended to serve
as the official recorded map and plat of the property to be subdivided or
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developed, showing thereon the boundaries, lots, public streets and easements and
etHer sigHificaHt public facilities and features which are necessary to serve the
development, as required by this Subchapter. For a development to be constructed
in phases, the final plat may include only a portion of the land included in the
preliminary plat and general development plan. The final plat shall conform to the
preliminary plat, when a preliminarv plat is permitted or required. Final plats
within the extraterritorial iurisdiction shall satisfv both the requirements of a
preliminarv plat and a final plat.
35.16.12.2 Processing Procedure for Fiual Plat and Construction Plans.
C. Standards for Approval.
The Planning and Zoning Commission shall approve the final plat if the plat
complies with the following requirements:
1. Conforms to the Denton Plan, its land uses, and its current and future
streets, alleys, parks, playgrounds, and public utility facilities;
2. Conforms to the Denton Plan for the City's future land uses, extension
of the City's roads, streets, and public highways with the municipality
and in its extraterritorial jurisdiction, taking into account access to and
extension of sewer and water mains and the instrumentalities of public
utilities;
3. The final plat conforms ~ !Q..,the GSHsral DsvslsflmsHt PlllH aHa/er
the preliminary plat, when a preliminary plat is permitted or required;
4. Complies with the provisions for dedication of land and construction
of public improvements ef in accordance with City Construction
standards; and
5. Complies with all applicable ordinances. criteria manuals. and laws.
35.16.20 Construction
G. Utility Extension Regulations
2. Adequate water system
,
b. The applicant shall demonstrate that the water system serving the
development \\Iill be adequate to serve the development at the
time of preliminary plat approval for development within the City
limits, or at the time of final plat approval for developments
within the City's extraterritorial iurisdiction. Where a
development p,lan or phased preliminary plat is proposed, the
applicant shall demonstrate that each phase of the development
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will be served ,by an adequate water system under this standard.
The approach main shall be extended to serve the entire
development subject to a development plan or phased preliminary
plat prior to the time of final plat approval for the second phase of
the development plan or phased preliminary plat, unless the
extension is part of a funded capital improvement project that the
City has initiated consistent with its adopted capital
improvements plan for water facilities.
3. Adequate sewer system
b. The applicant shall demonstrate that the sanitary sewer system
serving the development will be adequate at the time of
preliminary plat approval for development within the Citv limits.
or at the time of final plat approval for developments within the
Citv's extraterritorial iurisdiction. Where a development plan or
phased preliminary plat is proposed, the applicant shall
demonstrate that each phase of the development shall be served
by an adequate sanitary sewer system under this standard. The
approach main ,shall be extended to serve the entire development
subject to a development plan or phased preliminary plat prior to
the time of final plat approval for the second phase of the
development plan or phased preliminary plat, unless the extension
is part of a funded capital improvement project that the City has
initiated consistent with its adopted capital improvements plan for
wastewater facilities.
All other provisions of Subchapter 16 not inconsistent with this amendment shall remain in full
force and effect.
SECTION 3. The Council finds and declares that the provisions of Section 1-12 of the
Code of the City of Denton, Texas and Subsections 35.1.IO.4A and B do not apply to this
ordinance.
SECTION 4. If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or application there of to any person or circumstance is held invalid by any court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remaining portions despite any such invalidity.
SECTION 5. This ordinance shall become effective immediately from and after its
passage.
PASSED AND APPROVED <hi, Uw 2,'lcct ;;;:;!:l iUfij,;::t
EULINE BROCK, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
RY~*IJ" 9:h, A J
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
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