2005-366ORDINANCE NO.,,;? ,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PORTIONS OF A
TABLE CONTAINED WITHIN SUBSECTION 35.13.7.13 OF THE DENTON
DEVELOPMENT CODE, TO REDUCE THE REQUIRED PERCENTAGE OF TREE
CANOPY COVERAGE IN THE INDUSTRIAL CENTERS EMPLOYMENT (IC-E) AND
INDUSTRIAL CENTERS GENERAL (IC-G) ZONING DISTRICTS FROM 20% TO 15%;
PROVIDING A MAXIMUM PENALTY OF $2000.00 FOR VIOLATIONS THEREOF;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE
(DCA05-0009).
WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of
Denton, Texas adopted the Denton Development Code (the "Development Code"); and
WHEREAS, after providing notice and after conducting a public hearing as required by
law on October 12, 2005, the Planning and Zoning Commission recommended approval of
certain changes to Section 35.13.7 of the Denton Development Code, for the purpose of reducing
the required percentage of tree canopy coverage in the Industrial Centers Employment (IC-E)
and Industrial Centers General (IC-G) zoning districts from 20% to 15%; and
WHEREAS, after providing notice and 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. That the findings and recitations contained in the preamble of this
ordinance are true, and are incorporated herein by reference.
SECTION 2. That the table entitled "Landscape and Tree Canopy Requirements",
contained within subsection 35.13.7.13 of the Denton Development Code, is hereby amended as
follows, with strikeout fonts representing deletions and underscore fonts representing additions,
with the purpose and intent being to reduce the required percentage of tree canopy coverage from
20% to 15% in zones IC-E and IC-G only:
LANDSCAPE AND TREE CANOPY
NRMU-12 I USE 12....x. 1 UAL rvnncU I 40% I I
45%
NRMU I USE wvU n~oiU~iv i l rL rvuncU
20% 40%
Y
_
DR-1
DOWNTOWN RESIDENTIAL
40%
45%
DR-2
DOWNTOWN RESIDENTIAL
25%
25%
DC-N
DOWNTOWN COMMERCIAL
20%
25%
NEIGHBORHOOD
DC-G
DOWNTOWN COMMERCIAL GENERAL
15%
20%
rS?
hx .
CM-G
COMMUNITY MIXED USE GENERAL
20%
30%
CM-E
COMMUNITY MIXED USE EMPLOYMENT
15%
30%
'°R7:
, , :
1E
RCR-1
REGIONAL CENTER RESIDENTIAL 1
45%
45%
RCR-2
REGIONAL CENTER RESIDENTIAL 2
25%
30%
RCC-N
REGIONAL CENTER COMMERCIAL
15%
30%
Z
NEIGHBORHOOD
RCC-D
REGIONAL CENTER COMMERCIAL
10%
20%
DOWNTOWN
EC-C
EMPLOYMENT CENTERS COMMERCIAL
20%
30%
EC-I
EMPLOYMENT CENTERS INDUSTRIAL
15%
30%
It6
IC-E
INDUSTRIAL CENTERS EMPLOYMENT
20%
2" 15%
IGG
INDUSTRIAL CENTERS GENERAL
1D %
106A 15%
SECTION 3. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not exceeding $2,000.00, with each day of violation constituting a
separate and distinct offense;
SECTION 4. That 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 effect 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 such invalidity; and
SECTION 5. That 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.
PASSED AND APPROVED this, the day of ~1{ 2005.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY