1999-474 NOTE Amended by Ordinance No 2000-017
Amended by 0rdlnance No. 2000-065
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ESTABLISHING A
MORATORIUM PENDING THE ADOPTION OF INTERIM STANDARDS FOR APPLYING
POLICIES OF THE ADOPTED COMPREHENSIVE PLAN TO CERTAIN SPECIFIED
COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION OF A REVISED
LAND DEVELOPMENT CODE, PROVIDING FOR EXEMPTIONS, PROVIDING FOR
SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton enacted by ordinance, a new Comprehensive Plan for the
City of Denton on December 7, 1999, which supercedes the Denton Development Plan, and
WHEREAS, the Comprehensive Plan contmns policies, goals and strategies related to
commercial land use and growth management, and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances,
including inter alta its zonmg and subdivision regulations, in order to implement such polices,
goals and strategies, and
WHEREAS, it appears that substantial applications for approval of commercial
developments is hkely to occur in the intervening time period, and
WHEREAS, it further appears that approval of such development applications
inconsistent with the new Comprehanslve Plan is contrary to the intent and purposes of the plan,
and
WHEREAS, the City Council finds that it is in the public interest to establish a
moratorium on certmn commercial development applications pending the development of criteria
for determlmng consistency with the adopted Comprehensive Plan
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Moratorium Established
(A) Except as otherwise provided herein, from and after the effective date of this
ordinance and dunng the Moratorium Period as specified in Section 5 of this
ordinance, no City employee, officer, agent, bureau, department or commission of
the City shall accept for filing any commercial development application, nor take
any action to process such apphcatlon or any other commercial development
application previously filed before the effective date of this ordinance, including
but not limited to acceptance of fees, review or evaluation of the applications,
scheduling for public review or hearing, fomaulatlon of conditions or issuance of
prehmlnary or final approvals of such apphcatlons
(B) In the event that an apphcataon for a commercial development application as
submitted to the City, the application shall be returned, together with any
proffered application fee, to the applicant with notification that the apphcatlon
wall not be accepted for filing or further processing for the duration of this
Moratorium Ordinance
(C) Any action taken by any City employee, officer, agent, bureau, department or
commission of the City to accept for filing or to further process a commercial
development application after the effective date of this ordinance is deemed void
and of no effect
~ ~ For purposes of this ordinance the following terms are defined
to mean
Accepted for filin~ means the status of a commercial development application
following submission and acceptance as complete by the Director of all
application materials and documents reqmred by the City Code of Ordinances
Catv means the City of Denton, Texas
Commercial develonment annhcatlon means an apphcataon for detailed plan,
preliminary plat, or final plat approval for commercial uses Commercial
develoument annheataon refers to the application £orm, together with all
documents and exhibits reqtured of the applicant by the City for development
review purposes
~ means any uses allowed by right or by special use permit under
the Commercial District and General Retail District as provided In Section 35-77
of the Code of Ordinances of the City including any planned development district
that contains any such uses
~ means a general concept plan as provided for in Chapter 35, A_rtacle
IV of the Code of Ordinances of the City
~ means a detailed plan as provided for in Chapter 35, Article IV of
the Code of Ordinances of the City
Develonment plan means a development plan as provided for in Chapter 35,
Article IV of the Code of Ordinances of the City
Director means the Director of Planning and Development or his designate
Final nlat means a final plat as defined in Section 34-11 and as provided for in
Section 34-15 of the Code of Ordinances of the City
Page 2 of 5
planned develor>ment means a planned development district as defined in Chapter
35, Artmle IV of the Code of Ordmances of the City
Prelmamarv nlat means a preliminary plat as defined in Section 34-11 and as
provided for in Section 34-18 of the Code of Ordmances of the City
Pronerty owner means an owner as defined in Section 34-11 of the Code of
Ordmances of the City
R,zonm~, means an apphcat~on for amendment, supplement or change to zonmg
as provided for in Section 35-7 of the Code of Ordinances of the City
Zomm, means an application for the first zoning classification and land use
conditions applicable to real property as provided for in Chapter 35 of the Code of
Ordinances of the City
~ means the adoption of an ordinance approval zomng or rezomng
and includes approval of a concept plan
Zo_gg!flg._.~g means zonmg district map as defined in Section 35-3 of the Code of
Ordinances of the City
SECTION 3 Rehef From Moratorium
A Rebel rea_uests
1 The applicant may petition the City Council for relief from the
moratorium by requesting such rehef in writing
2 The C~ty Council shall not reheve the applicant from the requirements of
this ordinance, unless the applicant first presents credxble ewdence from
whxeh the City Council can reasonably conclude that the xmpositaon of the
moratorium deprives the applicant of a vested property right or deprives
the applicant of the economxcally viable use of his land
3 In demdlng whether to grant relief to the applicant, the C~ty Council shall
take into consideration the following
(a) whether granting relief from the moratorium jeopardizes the City's
best interests in implementing Comprehensive Plan consistency
criteria,
(b) the suitability of the proposed commercial uses in light of land
uses allowed in the zoning districts on property adjacent to the
proposed site,
Page 3 of 5
(c) the ~mpact of the proposed commercial use on the transportation
and other pubhc facd~tms systems affected by the development,
(d) the measures proposed to be taken by the applicant to prevent
negative ~mpacts of the proposed use on the neighborhood,
(e) the hkehhood that sufficient rehef wall be provided to the apphcant
following adoption of the Comprehensive Plan consistency
criteria,
(f) the total expen&tures made in connection with the proposed
commercml development in reliance on prior regulations, mcluding
the costs of ~nstalhng infrastructure to serve the project,
(g) any fees reasonably paid in connection w~th the proposed use,
(h) any representations made by the City concerning the project and
reasonably relied upon to the detriment of the applicant
4 The City Council may take the following actions
(a) deny the relief request,
(b) grant the rehefrequest, or
(c) grant the relief request subject to cond~taons consastent w~th the
criteria set forth in tlus section
B Minimum rehef Any rehef granted by the C~ty Council shall be the m~mmmn
dewatlon from ordinance reqmrements necessary to prevent depnvatlon of a
vested property right
~C_.TI_Q]~k_~ Moratorium Period The moratorium established by thru ordinance shall
commence on the effective date of this ordinance and expire on February 16, 2000
SECTION 5 Preamble Findings The findings and recitations contmned m the preamble
of this ordinance are substantive and are hereby ~ncorporated into the body of this ordinance
SECTION 6 Severabihtv If any prows~on of th~s ordinance or the apphcat~on thereof
to any person or circumstance is held mvahd by any court, such ~nvahd~ty shall not affect the
vahd~ty of other proms~ons or apphcatlons, and to this end the provisions of th~s ordinance are
severable
Page 4 of 5
SECTION 7 Effective Date TNs ordinance shall become effective ~mmed~ately upon
the date of its passage and approval
PASSED AND APPROVED this the ~_~day of ~j~ ,1999
JACI~.~ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
By ~~
Page 5 of 5
\\CH LGL\VOLI\SHARED\DEPI~LGL\Our Documents\Ordmances\99hMoratonum commercml exemptions amendment doe
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO
99-474 BY ESTABLISHING EXEMPTIONS FOR CERTAIN COMMERCIAL USES FROM
THE MORATORIUM ESTABLISHED PENDING THE ADOPTION OF INTERIM
STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN
TO CERTAIN COMMERCIAL DEVELOPMENT APPLICATIONS PRIOR TO ADOPTION
OF A REVISED LAND DEVELOPMENT CODE, PROVIDING FOR A SPECIFIC
EXEMPTION FOR PUBLIC PROJECTS FROM THE COMMERCIAL DEVELOPMENT
APPLICATION MORATORIUM, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING
FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has enacted by ordinance, a new Comprehensive Plan for
the City of Denton on December 7, 1999, which supercedes the Denton Development Plan, and
WHEREAS, the Comprehensive Plan contains policies, goals and strategies related to
residential land use, growth management, housing and open space provision, and
WHEREAS, the City intends to comprehensively amend its Code of Ordinances,
including rater alta its zomng and subdivision regulations, m order to implement such polices,
goals and strategies, and
WHEREAS, at appears that substantml applications for approval of commercial
developments is likely to occur In the intervening time period, and
WHEREAS, it further appears that approval of such development apphcations
inconsistent with the new Comprehensive Plan is contrary to the ~ntent and purposes of the plan,
and
WHEREAS, the City Council adopted Ordinance No 99-474 establishing a moratorium
on certain eommermal development apphcatlons pending the adoption of the ~ntenm regulations,
and
WHEREAS, the City Council finds that it is in the public interest to amend such
ordinance to allow exemptions for certain commercial uses as defined by the ordinance and for a
specific exemptton for pubhe projects, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION1 Ordinance No 99-474 IS hereby amended by adding the following
provisions
~ The moratorium estabhshed by Ordinance No 99-474 shall not apply to the
following types of development appllcat~ons
\\CH LGL\VOLl~shared\dept\LGL\Our Documents\Ordmances\99~Moratonum..commerclal e×empt~ons amendment do~
(A) a commercial develonment annhcatlon for commercial uses as listed in Exhibit A
wlueh is attached hereto and incorporated by reference as if set out word for
word,
(B) a commercial develoDment annhcation for a public vro~ect
A nubhc pro~ect is defined for the purposes of this ordinance as any project that is ~mtlated for a
governmental entity This includes but is not hmlted to federal, state, county, mumcipal, school
district or a sub&vision ora school &strict, special districts allowed by state law, publicly owned
utility, or any other governmental or quasi-governmental authority
~ECTION 2 preamble Fm&n~s The findings and recitations contained in the preamble
of this ordinance are substantive and are hereby incorporated into the body of this ordinance
SECTION 3 Saving,. That the provisions of this ordinance shall govern and control over
any conflicting provisions of Ordinance No 99-474, but all the provisions of Ordinance No 99-
474 not in conflict with this ordinance shall continue in full force and effect
SECTION 4 Severablhtv If any provision of this ordinance or the apphcat~on thereof
to any person or circumstance is held invalid by any court, such invalidity shall not affect the
vah&ty of other provisions or apphcations, and to this end the provisions of this ordinance are
severable
~ECTION 5 Attachment That a copy of this ordinance shall be attached to Ordinance
No 99-474 showing the amendment herein approved
~ECTION 6 ~ This ordinance shall become effective immediately upon
the date of its passage and approval
PASSED AND APPROVED th~s the day of
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
EXHIBIT A
The following specific uses (bold letters) whach are hsted m Sectmn 35-77 of the Code of Ordinances, C~ty of
Denton, Texas are exempted form the moratorium created by Ordinance 99-474
· PRIMARY RESIDENTIAL USES
ONE FAMILY DWELLING RESTRICTED
· EDUCATIONAL, INSTITUTIONAL & SPECIAL USES
ART GALLERY OR MUSEUM
CEMETERY OR MAUSOLEUM
CHURCH OR RECTORY
COLLEGE, UNIVERSITY OR PRIVATE SCHOOL
COMMUNITY CENTER (PUBLIC)
DAY NURSERY OR KINDERGARTEN SCHOOL
HOSPITAL (GENERAL ACUTE CARE)
INSTITUTION OF RELIGIOUS OR PHILANTHROPIC NATURE
LIBRARY (PUBLIC)
MONASTERY OR CONVENT
PARK, PLAYGROUND OR PUBLIC COMM CENTER
SCHOOL, PRIVATE PRIMARY OR SECONDARY
SCHOOL, PUBLIC OR DENOMINATIONAL
SCHOOL, BUSINESS OR TRADE
· UTILITY, ACCESSORY AND INCIDENTAL USES
PUBLIC BUILDING, SHOP, YARD OR LOCAL, STATE, OR FEDERAL GOVERNMENT
SWIMMING POOL (PRIVATE)
· RECREATIONAL AND ENTERTAINMENT USES
GOLF COURSE (PUBLIC)
PARK OR PLAYGROUND (PUBLIC)
PLAY FIELD OR STADIUM (PUBLIC)
· AGRICULTURAL TYPE USES
FARM OR RANCH
\\CH LGL\VOLI\SHARED\DEPT~LGL\Our Documents\Ordmances\99~vioratonum-commerctal amendment exhibit A doc
~\CH LGL\VOLI\SHARED\DEPT\LGL\Our Documents\Ordlnances\00\commerctal moratorium extension doc
ORDINANCE NO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO
99-474 AS AMENDED BY ORDINANCE NO 2000-017 TO EXTEND THE TERM OF THE
MORATORIUM THAT WAS ESTABLISHED PENDING THE ADOPTION OF INTERIM
STANDARDS FOR APPLYING POLICIES OF THE ADOPTED COMPREHENSIVE PLAN
TO CERTAIN SPECIFIED NONRESIDENTIAL DEVELOPMENT APPLICATIONS PRIOR
TO ADOPTION OF A REVISED LAND DEVELOPMENT CODE, PROVIDING FOR A
SAVINGS CLAUSE, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City of Denton has enacted by Ordinance No 99-474 as amended by
Ordinance No 2000-017, a moratorium pending the adoption of interim standards for applying
pohmes of the adopted comprehensive plant to certmn specified nonresidential development, and
WHEREAS, the ordinances estabhshed that the moratorium was to expire on February
16, 2000, and
WHEREAS, the C~ty Council has not adopted such ~ntenm regulations by February 16,
2000, and
WHEREAS, the City Council finds that the moratorium should be extended untd March
8, 2000 ~n order to prowde for more citizen input and input from ~nterested part~es ~nto the
standards to be adopted by the ~ntenm regulations, and
WHEREAS, the City Cotmml finds that tt is in the public ~nterest to amend such
ordinances to extend the moratorium, NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 Ordinance No ~,~99~474,~ SECTION 4, is hereby amended to read as
follows
Moratorium Period The moratorium established by Ordinance No 474, as amended by
Ordinance No 2000-017 shall commence on the effective date of Ordinance No 474 and
expire on March 8, 2000
SECTION 2 Savln~. That the provisions of this ordinance shall govern and control over
any conflmtlng prowslons of Ordinance No 99-474 as amended by Ordinance No 2000-017, but
all the provisions of Ordinance No 99-474 as amended by Ordinance No 2000-017 not ~n
conflict with this ordinance shall continue in full force and effect
SECTION 3 Severablhtv. If any prowsion of ttus ordinance or the apphcat~on thereof
to any person or circumstance m held invalid by any court, such ~nval~d~ty shall not affect the
validity of other provisions or apphcat~ons, and to th~s end the provisions of this ordinance are
severable
l
F \SHARED\DEPT\LGL\Our Documents\Ordmanccs\00\commermal moratormm extension doc
SECTION 4 Attachment That a copy of this ordinance shall be attached to Ordinance
No 99-474 showing the amendment hereto approved
SECTION 5 EffegBv~ Date Th~s ordinance shall become effective ~mmed~ately upon
the date of Its passage and approval
PASSED AND APPROVED th~s the ~.~day of ~.~;g~ ,2000
JA K~)~LLER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY