Reference Exhibit A City of DeSoto Draft Diagnostic Study of the Zoning Ordinance and Subdivision Ordinance.pdf

REFERENCE EXHIBIT A –

CITY OF DESOTO

DRAFT DIAGNOSTIC STUDY OF THE

ZONING ORDINANCE AND

SUBDIVISION ORDINANCE

The City has included the attached draft report as background information to assist proposers in understanding existing zoning and subdivision ordinance conditions and prior analysis. The report is provided for informational purposes only and does not represent final

City findings, recommendations, or requirements.

Proposers shall independently evaluate the information contained therein and are responsible for developing their own approach and recommendations.

• DRAFT – FOR REFERENCE ONLY

• PRELIMINARY CONSULTANT FINDINGS

• NOT A FINAL CITY REPORT

• SUBJECT TO CHANGE

DIAGNOSTIC REPORT

ZONING AND

SUBDIVISION

ORDINANCES

July 14, 2026

Table of Contents Section 1. Diagnostic Introduction

1.01. Project Overview

1.02. Background

1.03. Alignment with the Comprehensive Plan and All Other City-Adopted Plans

1. Implementation of the Comprehensive Plan and All Other City-Adopted Plans

2. Demographic Information

Section 2. Priority Findings

2.01. Stakeholder Findings

1. Code Modernization and Usability

2. Administrative and Procedural Findings

3. Redevelopment and Infill Readiness

4. Commercial Development and Amenities

5. Expanded Housing Options

6. Parking, Traffic, and Infrastructure Standards

7. Property Appearance, Landscaping, and Green Character

8. Public Engagement and Development Expectations

9. Items Not Directly Related to the Code Update

2.02. Technical Findings

1. Create a Unified Development Code (UDC)

2. Create a User-Friendly Code

3. Incorporate Changes in State Law

4. Streamline Processes

5. Implement Administrative Plat Approval

Section 3. Summary of Anticipated Revisions

3.01. City of DeSoto’s Development Regulations

3.02. Zoning Ordinance

3.03. Subdivision Ordinance

Section 4. Outline of the New Code

4.01. Proposed UDC Outline

4.02. Annotated Outline

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Section 1. Diagnostic Introduction

1.01. Project Overview

The City of DeSoto, Texas, is undertaking a comprehensive review of its zoning and subdivision regulations to evaluate how well the current code supports the community’s vision for future growth and development. This Diagnostic Report outlines key findings and recommendations intended to support informed discussion among residents, elected officials, and staff. It establishes a framework for understanding the City’s existing regulations, identifying key issues and opportunities, and guiding future updates. This effort is informed by the recently adopted

Comprehensive Plan, which establishes a long-term vision for land use, housing, and infrastructure.

In addition to identifying policy and procedural considerations, the review highlights technical improvements needed within the existing code, including resolving internal inconsistencies, removing redundancy, correcting errors, and updating statutory references to ensure alignment with current state law and best practices.

This report is organized into four sections. The Diagnostic Introduction provides context and summarizes the purpose and scope of the effort. The Priority Findings section presents key observations based on stakeholder input and technical review. The Summary of Anticipated

Revisions outlines the primary regulatory and organizational updates that may be considered moving forward. Finally, the Outline of the New Code provides an annotated framework illustrating how the City’s regulations could be reorganized into a more cohesive and modern structure.

1.02. Background

The City’s Comprehensive Plan reinforces the importance of this effort by identifying the need to update development regulations to better implement its vision for growth, housing diversity, economic development, and improved community design. The plan emphasizes more flexible development patterns, expanded housing options, walkable environments, and coordinated land use strategies, all of which rely on a modern and well-structured regulatory framework to be effectively implemented.

DeSoto’s development regulations are currently organized across multiple chapters of the City’s

Code of Ordinances, with primary zoning and subdivision standards in separate chapters. These regulations have been amended incrementally over time rather than comprehensively updated, resulting in a framework that reflects decades of layered revisions. While targeted amendments have addressed specific issues, the overall structure remains fragmented and at times inconsistent, with portions of the code referencing outdated statutory language and procedures.

This condition underscores the need to reorganize and modernize the regulations into a clearer, more cohesive framework that aligns with current state law and best practices.

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This effort focuses on streamlining and improving existing regulations to enhance clarity, consistency, and usability. As part of this process, the updated framework should incorporate graphics and tables to better communicate regulatory intent, introduce flexibility to support high-quality and context-sensitive development, and promote innovative subdivision and site design.

The revisions should also support environmentally conscious development practices, reinforce

DeSoto’s community character and provide tailored standards that respond to the varying development contexts across the City.

1.03. Alignment with the Comprehensive Plan and All Other City-Adopted

Plans

1. Implementation of the Comprehensive Plan and All Other City-Adopted Plans

The City of DeSoto adopted its Comprehensive Plan in 2024 to establish a long-term vision for growth, land use, infrastructure, and community development, including a community vision that supports high-quality living, diverse housing opportunities, well-connected neighborhoods, and the City’s unique identity and sense of place. The Comprehensive Plan’s implementation chapter specifically recommends updating the City’s Zoning Code of Ordinances to align with the recommendations of the Future Land Use Plan, ensuring the revised Zoning Code is accessible and easy to understand, addressing district-specific issues such as permitted uses and densities that support commercial development, reducing reliance on planned development zoning to regulate residential development, and reviewing the development approval process to identify and remove barriers. [City of DeSoto, Comprehensive Plan, Implementation Chapter, p. 161, Strategies S-9 through S-

13.]

The Comprehensive Plan serves as the City’s primary policy guide for development decisions, directing how land is used and how the community evolves over time. As such, zoning and subdivision regulations play a critical role in implementing the plan’s vision. Ensuring that these regulations are aligned with the Comprehensive Plan is essential to support desired development patterns, improve predictability, and effectively guide future growth in DeSoto. This implementation will also extend to all other applicable City-adopted plans, including the

Comprehensive Commercial Economic Master Plan, to ensure that future regulatory updates support the City’s broader economic development, commercial investment, redevelopment, and infrastructure objectives.

2. Demographic Information

Evaluating demographic conditions helps the City understand its historical trends and current context in order to plan effectively for future growth. Population characteristics directly influence land use decisions, infrastructure needs, fiscal capacity, and service delivery. A clear understanding of who lives in the community and how that population is changing allows the City to make informed and efficient decisions that align with long-term planning goals.

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This diagnostic report draws from U.S. Census Bureau data, including both the decennial census and the American Community Survey (ACS), as well as findings from the City’s Comprehensive

Plan. The decennial census provides an official population count every 10 years, while the ACS offers more current multi-year estimates that reflect recent demographic conditions. These data sources provide a reliable foundation for understanding DeSoto’s growth patterns and planning for future needs.

DeSoto has experienced steady population growth over the past several decades. According to the

U.S. Census Bureau’s most recent population estimates, the City had approximately 58,271 residents as of 2025, reflecting continued growth since the 2020 Census, when the City had 56,145 residents. Regional projections from the North Central Texas Council of Governments (NCTCOG) indicate that DeSoto’s population could reach approximately 69,000 residents by 2050, demonstrating its strong position within the expanding Dallas–Fort Worth region.

Figure 1. DeSoto Population Projection (Source: Census Bureau and NCTCOG)

This growth is influenced by the City’s proximity to major employment centers and availability of housing. As these trends continue, they underscore the importance of aligning development regulations with the City’s long-term vision to ensure that infrastructure, housing, and services can effectively accommodate future population demands.

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Section 2. Priority Findings

2.01. Stakeholder Findings

The project team and the City staff met with different stakeholders to identify issues, opportunities, and priorities related to DeSoto’s development regulations and broader development environment. A total of 13 interviews were conducted, involving the City staff

(Planning, Engineering, Fire Department, and Economic Development), City Council members, the

Zoning Board of Adjustment (ZBOA), and developers. An online questionnaire was also posted to gather input from developers who could not attend the interview. Three work sessions were also conducted to gather feedback from the ZBOA, Planning and Zoning Commission, and City Council members.

Several themes were raised consistently across the interviews, including the need to modernize the code, improve process clarity, better support redevelopment, strengthen development quality, and align regulations with the City’s long-term goals. The following themes summarize the most common issues raised during the stakeholder process and indicate where the UDC update can help address them.

1. Code Modernization and Usability

The need to modernize DeSoto's zoning and subdivision regulations was one of the most consistent themes raised during stakeholder interviews. While participants generally did not express concerns about the overall amount of regulation, many indicated that the current code is difficult to navigate, interpret, and administer. Stakeholders described the regulations as outdated, overly complex, and sometimes unclear, creating challenges for applicants, staff, appointed boards, City Council, and residents. Many felt that a more user-friendly code would improve predictability, streamline development review, and make expectations easier to understand.

Clearer standards and better organization of the regulations will improve consistency in how applications are reviewed and evaluated.

1.1. Key Themes

A. Outdated and Difficult to Navigate

• Many stakeholders described the code as outdated, confusing, and difficult to use.

• The concern was less about the number of regulations and more about how they are organized and communicated.

B. Clarify the Development Review Process

• Stakeholders identified confusion around procedures involving variances, alley waivers, platting requirements, and other development approvals.

• The code does not always clearly identify which standards may be modified, when relief is available, or which body has the authority to approve requests.

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• As a result, staff are often required to interpret unclear provisions and applicants may pursue approvals that could be handled more predictably through clearer regulations.

C. Provide Clearer Guidance for Specialized Development Types

• Stakeholders highlighted challenges associated with planned developments, mixed-use districts, and accessory buildings.

• In these areas, regulations and approval pathways are not always intuitive, creating uncertainty for applicants and decision-makers.

• Clearer standards and better organization could improve consistency in how these applications are reviewed and evaluated.

Overall, stakeholders expressed a desire for a code that is clearer, more consistent, and easier to apply. The code update should focus on modernizing standards, improving organization, clarifying approval processes and responsibilities, and providing more straightforward guidance for common development scenarios. These changes would help create a more predictable, transparent, and user-friendly development review process for all users of the code.

2. Administrative and Procedural Findings

Stakeholders frequently discussed the need for a more predictable and efficient development review process. While the recent implementation of the One-Stop-Shop permitting model by

Development Services has led to more efficient permitting, many participants noted that the development review and planning and zoning processes can still be lengthy, uncertain, and difficult to navigate. Developers emphasized that extended entitlement and engineering review timelines can affect project feasibility and influence investment decisions, while elected officials noted that some procedural requirements may add time without providing significant public benefit. The City staff emphasized that they cannot guarantee approval by the City Council or the

Planning and Zoning Commission, but they can meet with applicants to discuss the application process, expected timeline, and identify potential issues. Overall, stakeholders expressed support for maintaining appropriate public review while reducing unnecessary delays and increasing process transparency.

2.1. Key Themes

A. Reduce Uncertainty and Delays

• Developers noted that lengthy entitlement and engineering review timelines can affect project viability and make competing communities more attractive for investment.

• Stakeholders expressed a desire for a process that is more predictable, with clearer expectations regarding review timelines and approval pathways.

B. Streamline Routine Approvals

• Stakeholders generally supported maintaining public hearings and discretionary review for rezonings, major policy decisions, and sensitive land uses.

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• Many felt that administrative approvals could be expanded for minor cases and plat approvals.

• Council members specifically noted that some public hearing requirements may add time without substantially influencing development decisions.

C. Provide Clearer Application and Review Requirements

• Stakeholders emphasized the need for clearer application requirements, submittal checklists, review procedures, and approval criteria.

• Better-defined decision-making authority and review responsibilities would help applicants understand the process upfront and allow staff and decision-makers to focus on issues that require policy judgment.

Stakeholders generally agreed that the development review process should be easier to understand, more efficient, and more predictable for all parties involved. While there was strong support for maintaining public involvement in major land use decisions, many felt that routine reviews could be handled more efficiently through clearer procedures and administrative processes. By reducing unnecessary complexity and establishing clearer expectations for applicants and decision-makers, the updated code can help improve customer service, support economic development, and create a more consistent development review experience.

3. Redevelopment and Infill Readiness

Stakeholders consistently noted that DeSoto is approaching a new stage of development where future growth will increasingly occur through infill development, redevelopment, and reinvestment in existing properties rather than large-scale greenfield projects. As a result, many felt that the City's development regulations should better reflect the realities of developing on constrained sites, adapting older commercial properties, and revitalizing underutilized areas.

Discussions with city boards, staff, elected officials, and development professionals all highlighted the importance of ensuring that the code supports reinvestment opportunities while maintaining community standards and development quality.

3.1. Key Themes

A. Prepare for an Infill Focused Development Pattern

• Stakeholders recognized that DeSoto has a limited supply of undeveloped land remaining.

• Future development opportunities are expected to occur more frequently on infill sites, redevelopment parcels, and other constrained properties.

• Many felt the code update should better reflect the City's transition from greenfield growth to reinvestment and redevelopment.

B. Provide Flexibility for Constrained and Existing Sites

• Zoning Board of Adjustment discussions highlighted that many variance requests stem from attempts to develop smaller or constrained parcels.

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• Developers noted that standards designed for large master-planned developments may not be appropriate for infill projects or sites with existing development constraints.

• Stakeholders emphasized the need for practical flexibility when applying development standards to redevelopment and infill opportunities.

C. Support Reinvestment in Older Properties and Commercial Areas

• City Council and staff discussed vacant buildings, underutilized shopping centers, aging infrastructure, and opportunities to repurpose older properties.

• Stakeholders expressed concern that outdated requirements related to parking, landscaping, site design, access, and approvals can create barriers to redevelopment and adaptive reuse.

• Many felt the code should better facilitate reinvestment in existing commercial corridors and developed areas.

As DeSoto continues to mature, the development code will play an increasingly important role in shaping how redevelopment and reinvestment occur throughout the City. Stakeholders emphasized the importance of regulations that encourage the reuse of existing properties, accommodate site constraints, and recognize the differences between new growth areas and established neighborhoods. A more flexible and context-sensitive approach can help support long-term economic investment while promoting revitalization in older parts of the community.

4. Commercial Development and Amenities

A common theme throughout the stakeholder interviews was the desire for a stronger mix of commercial development and community amenities within DeSoto. Many participants expressed concern that residents frequently leave the City to shop, dine, seek entertainment, and access other services. Stakeholders viewed this not only as a quality-of-life issue, but also as an economic development opportunity. Discussions frequently connected the need for additional commercial activity to strengthening the City's tax base, increasing sales tax revenue, and supporting long-term fiscal sustainability. Several areas, including the I-35 corridor, Hampton Road, the Aquatic and Recreation Center (ARC) area, and other redevelopment sites, were identified as key locations for future investment.

4.1. Key Themes

A. Expand Retail, Dining, and Entertainment Options

• Stakeholders repeatedly noted that residents often travel to surrounding communities for shopping, restaurants, entertainment, and other amenities.

• Desired additions included sit-down restaurants, quality retail, grocery stores, entertainment venues, event spaces, and other destination-oriented businesses.

• Many felt that expanding these offerings would improve quality of life and help retain spending within the community.

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B. Create More Destinations and Gathering Spaces

• Stakeholders expressed interest in walkable environments, activity centers, and places where residents can gather and spend time.

• Mixed-use development and reinvestment in commercial areas were viewed as opportunities to create more vibrant destinations throughout the City.

• Several commercial corridors and redevelopment areas were identified as potential locations for these types of investments.

C. Strengthen the City’s Economic Base

• Stakeholders noted that DeSoto has historically functioned as a predominantly residential community.

• Many emphasized the importance of attracting additional commercial development to diversify the tax base and increase sales tax revenue.

• Participants generally viewed commercial growth as an important component of the City's long-term fiscal health.

As DeSoto plans for future growth, stakeholders emphasized the importance of creating a regulatory framework that supports the types of commercial and mixed-use development the community wants to attract. While market conditions ultimately influence which businesses choose to locate in the City, the development code can help position DeSoto for success by providing appropriate zoning tools, allowing desired uses in strategic locations, and establishing development standards that encourage investment in key corridors and activity centers.

5. Expanded Housing Options

Housing was one of the most frequently discussed topics during stakeholder interviews, with participants expressing a range of perspectives on future residential development. Many stakeholders emphasized the need for a broader mix of housing choices to meet the needs of current and future residents, while others raised concerns about the impacts of increased density and multifamily development. Despite differing viewpoints, there was broad recognition that

DeSoto's housing needs are changing and that the City may need a wider range of housing types and development patterns to support long-term growth, affordability, and demographic diversity.

5.1. Key Themes

A. Expand the Range of Housing Types

• Stakeholders identified a need for housing options that serve young professionals, seniors, residents on fixed incomes, and households seeking alternatives to larger single-family homes. Additional housing options can help attract new residents to

DeSoto while retaining existing residents in the City.

• Missing middle housing types, including duplexes, triplexes, quadplexes, townhomes, condominiums, smaller-lot single-family homes, and mixed-use residential development, were discussed in multiple interviews.

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• Many participants felt that expanding housing options would help meet changing market demands and resident needs.

B. Accommodate Growth in Strategic Locations

• Several stakeholders noted that DeSoto cannot rely solely on traditional single-family expansion to accommodate future growth.

• Increased density and building height were discussed as appropriate in select locations, particularly near I-35, commercial districts, the ARC area, and other activity centers.

• Stakeholders generally supported concentrating higher-density housing where it can be integrated with commercial uses, services, and transportation access.

C. Address Neighborhood Compatibility and Development Quality

• Stakeholders acknowledged ongoing resident concerns related to apartments, density, traffic, parking, privacy, property values, and compatibility with established neighborhoods.

• Some participants supported multifamily development only in specific locations or when accompanied by stronger development standards.

• Others noted that the City's current multifamily standards are relatively limited and should do more to ensure high-quality design, site planning, and long-term property maintenance.

While opinions varied on the appropriate level and location of future housing growth, stakeholders generally agreed that housing policy should balance expanded choice with neighborhood compatibility. The updated code can help achieve this balance by supporting a broader range of housing types, identifying appropriate locations for higher-density development, and establishing design and transition standards that help new development integrate with surrounding neighborhoods.

6. Parking, Traffic, and Infrastructure Standards

Parking, transportation, and infrastructure issues were discussed by stakeholders from a variety of perspectives. While some concerns focused on the practical challenges of site development and redevelopment, others centered on the long-term impacts of growth on streets, utilities, and public infrastructure. Stakeholders generally agreed that many existing standards should be reevaluated to ensure they reflect current development patterns, changing transportation needs, and the realities of maintaining public infrastructure. In particular, the evaluation of parking standards is a national planning trend. The revised standards should incorporate current best practices in planning, such as shared parking. Discussions also highlighted the importance of balancing flexibility for development with the need to manage traffic, safety, and infrastructure capacity.

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6.1. Key Themes

A. Modernize Parking Standards

• Stakeholders frequently described existing parking requirements as outdated and not reflective of current development trends.

• Some noted that large parking lots are often underutilized, while others identified specific businesses and commercial centers where parking shortages occur.

• Developers cited parking requirements as a potential barrier to development and redevelopment, particularly when standards do not reflect actual demand.

B. Provide Greater Flexibility in Parking Standards

• Stakeholders expressed support for more flexible approaches to meeting parking needs.

• Shared parking agreements, redevelopment parking adjustments, and alternative parking strategies were identified as tools that could better accommodate different development types.

• For higher-density and mixed-use development, some stakeholders discussed the potential need for structured parking and parking garages in key activity areas.

C. Address Transportation and Infrastructure Impacts

• Stakeholders raised concerns related to traffic congestion, speeding, street widths, driveway spacing, street lighting, alleys, and parked vehicles on narrow streets.

• Traffic studies for larger or high-profile developments were discussed as an important tool for evaluating transportation impacts.

• Participants also noted the long-term costs associated with maintaining city infrastructure and the importance of coordinating new development with available roadway and utility capacity.

Stakeholders generally supported a more flexible and data-driven approach to parking and transportation standards. As the City continues to grow and redevelop, the development code can help ensure that parking requirements, transportation improvements, and infrastructure expectations are aligned with actual needs while continuing to promote safe, functional, and fiscally sustainable development patterns.

7. Property Appearance, Landscaping, and Green Character

Stakeholders frequently discussed the role that property appearance, landscaping, and site maintenance play in shaping perceptions of the community. Comments focused both on the quality of new development and the condition of older commercial properties and corridors. Many participants viewed the appearance of commercial areas as an important factor in economic development, community pride, and the City's overall image. At the same time, stakeholders

City of DeSoto Diagnostic Report Page 13 emphasized the importance of preserving DeSoto's natural character and ensuring that development standards remain practical and achievable for property owners and developers.

Stakeholders also expressed a desire for a more user-friendly Landscape Ordinance that is easier to understand and administer while continuing to achieve the City's aesthetic and environmental goals. Additionally, several stakeholders indicated that the City should evaluate whether the current tree preservation and mitigation standards strike the appropriate balance between protecting existing trees and providing reasonable flexibility for development, suggesting that a broader policy discussion on the appropriate level of regulation is warranted.

7.1. Key Themes

A. Improve the Appearance of Commercial Corridors and Properties

• Stakeholders raised concerns about deteriorated parking lots, potholes, faded striping, inadequate lighting, and poor exterior maintenance.

• Older commercial buildings and shopping centers were frequently mentioned as areas where reinvestment and property improvements are needed.

• Many felt that the condition of these properties influences perceptions of the

City and affects efforts to attract new investment.

B. Support Ongoing Property Maintenance and Reinvestment

• Stakeholders noted that development regulations should address more than just new construction.

• Several comments focused on the need for standards that encourage maintenance, redevelopment, and incremental improvements to aging commercial sites over time.

• Participants generally supported tools that help improve existing development while remaining realistic and enforceable.

C. Preserve DeSoto’s Green Character

• Staff, board members, and other stakeholders emphasized that trees, landscaping, and natural open spaces are important components of the City's identity.

• At the same time, some developers expressed concern that tree preservation and green space requirements can increase costs or become difficult to implement when standards lack flexibility.

• Stakeholders generally supported maintaining DeSoto's green character while ensuring that landscaping and tree requirements are clear, predictable, and adaptable to different site conditions.

Stakeholders expressed broad support for development standards that enhance community appearance while recognizing the practical realities of development and redevelopment. Moving forward, the code can help reinforce community character by encouraging high-quality site design, City of DeSoto Diagnostic Report Page 14 supporting reinvestment in aging commercial areas, and preserving the natural features that distinguish DeSoto, all while providing standards that are clear, balanced, and workable for a variety of development situations.

8. Public Engagement and Development Expectations

Many stakeholders focused on how information about development projects is communicated and how residents, applicants, and decision-makers engage throughout the review process.

Participants from multiple perspectives, including residents, developers, staff, appointed boards, and elected officials, identified opportunities to improve the sharing of development information and the communication of expectations. While stakeholders generally supported public involvement in land use decisions, many felt that the current process can create misunderstandings about proposed projects, the City's role in reviewing applications, and the opportunities available for public input.

8.1. Key Themes

A. Improve Public Communication and Engagement

• Some stakeholders noted that residents often feel they learn about development proposals too late in the review process.

• Others expressed concern that project information is not always communicated in a way that clearly explains what is being proposed and how it may affect surrounding areas.

• Developers noted that neighborhood meetings and early outreach efforts do not always generate meaningful feedback, while significant opposition may emerge later during public hearings or City Council discussions.

• Stakeholders generally supported earlier, more consistent, and more effective communication between the City, developers, and residents.

B. Increase Transparency in the Development Review Process

• Council members and staff discussed the need for clearer and expanded notice requirements, particularly for high-profile projects.

• Stakeholders emphasized the importance of helping residents understand the difference between administrative decisions and discretionary decisions that involve policy judgment.

• Greater transparency regarding review procedures, public hearing requirements, approval criteria, and decision-making authority was viewed as an important step toward building trust in the development process.

A recurring message from stakeholders was that clearer expectations and better information can lead to more productive conversations about growth and development. By improving communication practices and making review procedures easier to understand, the City can help residents, applicants, and decision-makers engage more effectively throughout the development process.

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9. Items Not Directly Related to the Code Update

During the stakeholder process, participants also raised several issues that are important to

DeSoto’s broader policy direction but do not directly pertain to the code update or cannot be fully resolved through development regulations alone. These included discussions on:

• School districts: Stakeholders discussed the relationship between local schools, community stability, housing demand, and long-term economic competitiveness. These matters generally require coordination with the applicable school districts and are not primarily addressed through zoning or subdivision regulations.

• Superintendent changes: Participants noted that changes in school district leadership may affect continuity, coordination, and confidence in educational planning. Leadership and governance decisions fall outside the scope of the development code update.

• Economic development staffing: Stakeholders raised questions regarding whether current staffing levels and organizational capacity are sufficient to support business recruitment, redevelopment, and implementation of economic development initiatives.

These issues should be considered through departmental planning, budgeting, and organizational review.

• City-owned land: Participants discussed opportunities for the strategic use, disposition, or redevelopment of City-owned property. Although zoning may affect future development options, decisions regarding ownership, sale, partnerships, and project solicitation require separate policy and processes.

• Tax base strategy: Stakeholders emphasized the need to strengthen and diversify the

City’s tax base through commercial investment, employment growth, and redevelopment. The development code can support these objectives, but the broader strategy also depends on economic development policy, infrastructure investment, and market conditions.

• Incentives: Participants discussed the role of financial and development incentives in attracting desired businesses and projects. Incentive policies are generally administered through separate economic development programs and agreements rather than through the development codes.

• Public infrastructure investment: Stakeholders identified the importance of infrastructure capacity and quality in supporting development and redevelopment. While development regulations may establish improvement requirements, major public investments must be addressed through budgeting and interdepartmental coordination.

• Roadway capital improvements: Participants raised concerns regarding roadway condition, capacity, connectivity, and planned improvements. These matters should be coordinated through the City’s capital improvement program and engineering standards.

• Parks board decisions: Stakeholders referenced decisions concerning park priorities, improvements, and programming. These policy and advisory matters are generally addressed through the Parks Board, Parks Master Plan, and City Council direction.

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• Trail donations: Participants discussed opportunities and challenges associated with accepting land, easements, or improvements for trails. These matters may require separate policies addressing acquisition, acceptance, maintenance responsibility, design standards, and long-term funding.

• Recreational programming: Stakeholders expressed interest in the types, locations, and availability of recreational programs. Programming decisions are operational matters that should be addressed through parks and recreation planning rather than through land development regulations.

• General branding of DeSoto: Participants discussed the City’s identity, image, and marketing strategy. Development standards may contribute to placemaking and visual character, but broader branding efforts require coordinated initiatives across communications, economic development, tourism, and community engagement.

These comments provide useful context by showing what stakeholders want the City to become, but many fall outside the code update's direct scope because they relate more closely to economic development, capital improvements, city operations, or broader policy decisions.

The code update can help create the regulatory conditions for desired development by allowing appropriate uses, streamlining review, improving development standards, supporting redevelopment, and aligning zoning with the City’s adopted plans. However, the code update cannot guarantee that a particular grocery store, restaurant, corporate headquarters, school facility, or private business will locate in DeSoto. Similarly, infrastructure, staffing, incentives, and economic development efforts must be addressed through separate city initiatives. These comments should be documented in the stakeholder record, while the code update remains focused on land use, zoning, subdivision, and development standards.

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2.02. Technical Findings

The technical findings summarize issues identified by the consultant team during its review of

DeSoto’s existing development regulations, procedures, and related code provisions. These findings focus on how the current code is organized, how clearly it communicates requirements, whether standards are internally consistent, and whether the regulations effectively support the

City’s development, redevelopment, housing, infrastructure, and design goals. The findings identify specific regulatory issues to be addressed through the code update.

1. Create a Unified Development Code (UDC)

The City of DeSoto’s decision to undertake the diagnostic effort reflects a proactive approach to improving its development regulations and overall governance framework. As part of this effort, the City should consider creating a Unified Development Code (UDC) to consolidate and modernize its development-related regulations into a more cohesive framework. This approach will enhance efficiency, improve consistency across review processes, and better support long-term growth objectives. The process should emphasize collaboration by engaging residents, stakeholders, and city leadership throughout. If pursued, this approach would provide the City of

DeSoto with a more cohesive and accessible regulatory framework to guide coordinated development over time.

• Consolidate and Unify the Regulatory Framework: Integrate all zoning and subdivision regulations into a single UDC. This consolidation eliminates fragmentation, reduces contradictions, and creates a cohesive code that users can navigate with confidence.

2. Create a User-Friendly Code

The City’s development regulations must be clear, cohesive, and user-friendly. Whether used by municipal staff, developers, applicants, or consultants, the code should provide intuitive navigation and seamless connections between related provisions. To achieve this goal, the following strategies are recommended:

• Enhance Clarity Through Language and Structure: Use consistent, accessible language throughout the code. Distinguish clearly between permissive terms (“may,” “should”) and mandatory requirements (“will,” “must”). Replace outdated legal jargon with straightforward terminology that maintains regulatory precision while improving readability for all users.

• Design for the Development Process: Organize the development codes to mirror the natural sequence of development activities, from initial concept through final approval. This logical progression helps users find relevant information quickly and understand how different regulations interact.

• Improve Accessibility with Visual Tools: Incorporate diagrams, flowcharts, tables, and other graphics to illustrate complex procedures, dimensional standards, and review processes.

Visual aids transform dense text into easily digestible information.

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Figure 2. Example Graphic of a Residential Zoning District

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Figure 3. Example Graphic of Setback and Height Relationship

Figure 4. Example Graphic of Various Lot Types

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Figure 5. Example Graphic of Platting Process Overview

• Streamline Organization: Group all definitions in a dedicated section for quick reference.

Eliminate redundancy by consolidating repeated provisions, such as purpose statements, enforcement procedures, and penalties, into centralized locations rather than scattered throughout multiple articles.

• Strengthen Internal Connections: Build robust cross-references linking related sections across zoning, subdivision, and sign regulations. Connect regulatory requirements directly to their corresponding application stages, whether plat review, site plan approval, or permit issuance.

This graphic is incorporated to illustrate the use of flowcharts in a UDC. The content in this graphic does not represent the final recommendations to the

City of DeSoto.

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• Enable Efficient Administration: Authorize staff to maintain supporting materials, including fee schedules and submittal checklists, outside the development code itself. This administrative flexibility allows routine updates without requiring formal code amendments from the City Council, keeping procedures current without bureaucratic delays.

3. Incorporate Changes in State Law

DeSoto’s zoning and subdivision regulations need to stay aligned with the current Texas Local

Government Code (TLGC) to ensure they remain legally sound and enforceable. State law continues to evolve, with legislative updates shaping how cities regulate land use, administer zoning, and review development applications. These changes affect key areas, including zoning amendments, protest provisions, nonconforming uses, variances, platting processes, and enforcement authority. Without periodic updates to reflect these changes, the City risks inconsistencies with state law, reduced clarity in administration, and potential challenges in effectively implementing and enforcing its regulations. The updated zoning and subdivision regulations will incorporate all recent legislative changes and ensure they align with the current state law.

4. Streamline Processes

Enhancing efficiency and predictability in the development review process depends on creating a more streamlined and well-organized development code. Simplified procedures, consolidated review steps, and clearly defined administrative authority can reduce delays and minimize uncertainty for applicants. Removing redundant provisions and clarifying roles and responsibilities will help shorten processing times and improve coordination across departments. A more modern and structured development code also promotes transparency, improves customer service, and supports a more responsive development environment.

5. Implement Administrative Plat Approval

Recent updates to state law, including approval procedures of TLGC §212.009, provide additional opportunities to improve the development review process. These provisions clarify that plats must be approved if they meet all applicable requirements, supporting the use of administrative approval for compliant applications. By utilizing this authority, the City can allow staff to approve routine plats that fully satisfy established standards, while continuing to route applications involving variances or discretionary decisions to the Planning and Zoning Commission. This approach maintains appropriate oversight while reducing review timelines for straightforward submittals. In addition, inconsistencies within the current subdivision regulations have created confusion in the platting process and reorganizing these provisions will improve clarity, consistency, and overall administration.

City of DeSoto Diagnostic Report Page 22

Table 1. Advantages of Administrative Approval for Plats

# Pros Why it helps

1. Allows approval authority to be tailored by plat type

Administrative approval does not require all plats to be handled the same way. The UDC can reserve City Council approval for larger or more policy-sensitive applications, such as preliminary plats, while allowing final plats, minor plats, amending plats, and other routine plats to be approved administratively when they meet adopted standards.

2. Faster review and approval

Administrative approval can reduce delays by allowing compliant plats to be approved without waiting for a Planning and Zoning Commission or City Council meeting.

3. Clearer statutory timeline compliance

Texas platting deadlines are strict, so administrative approval can help the City act within required timeframes and reduce the risk of automatic approval.

4. More predictable process for applicants

If the plat meets objective code standards, the applicant has a clearer path to approval.

5. Reduces Planning and Zoning Commission workload

Routine plats, amending plats, minor plats, replats, and plat corrections can be handled by staff, leaving the Commission to focus on complex cases. Plats approved administratively could still be reported to the Planning and Zoning Commission for informational purposes.

6. Encourages objective code administration

Administrative review applies adopted, measurable standards consistently, helping ensure that routine technical plat decisions are handled predictably and in accordance with the City’s approved regulations.

7. Improves customer service

Applicants can receive faster decisions, clearer comments, and more direct coordination with reviewing departments.

8. Supports infill and redevelopment

Small plats and technical plat changes often move faster when they are not tied to public meeting schedules.

9. Referral to Planning and Zoning Commission

The Planning Director may refer any plat to the Planning and Zoning Commission for review. This approach still gives the Planning and Zoning Commission a clear mechanism to review plats that include a variance request.

Table 2. Disadvantages of Administrative Approval for Plats

# Cons Why it can be a concern

1. Less public visibility Administrative approval can reduce the number of plat cases discussed in public meetings, which may concern residents who expect to see development cases before a board.

2. More responsibility for the staff

Staff must be comfortable making final decisions, interpreting standards, and documenting the basis for approval or disapproval.

3. Requires very clear code standards

Administrative approval works best when approval criteria are objective. Vague subdivision standards can create uncertainty or legal risk.

4. The appeal process becomes more important

The code should clearly state who may appeal, which decisions may be appealed, the appeal deadlines, and the reviewing body.

City of DeSoto Diagnostic Report Page 23

Section 3. Summary of Anticipated Revisions

3.01. City of DeSoto’s Development Regulations

This section of the Diagnostic Report provides a detailed review of the current development regulations. While this summary covers the most notable revisions, it does not represent all changes to be made, as additional issues may emerge during the revision process.

3.02. Zoning Ordinance

Chapter 14. Zoning Ordinance

# Section Anticipated Revisions

1.

14.2. Purpose.

Revise the purpose statement to better align with the Comprehensive Plan by incorporating themes such as housing diversity, mixed-use development, walkability and reinvestment. Simplify overly formal or redundant phrasing while maintaining legal intent.

2.

14.3. Zoning

District Map.

Clarify that the map scale is for reference only and that official determinations should rely on GIS data or legal descriptions where available. This reduces ambiguity and potential disputes.

3.

14.3.1. Zoning

District Map.

Replace the use of “shall” with clearer, more precise terms such as “must” for mandatory requirements and “may” for discretionary actions. Where appropriate, “will” can be used for statements of intent or administrative actions.

4.

14.3.2.G-H. Zoning District Boundary.

Revise to clarify that zoning extensions are subject to administrative verification or formal action by the City to prevent unintended zoning outcomes.

5.

14.4.1.J. Zoning District Boundary.

This should be updated in the new code and avoid having specific dates in the regulatory language.

6.

14.5. Compliance

Required.

Clarify that more restrictive standards apply where conflicts exist (e.g., other codes, conditions of approval, or state law).

Update agency names to current entities (e.g., Texas Commission on Environmental Quality (TCEQ) and simplify the provision to reference applicable state and federal law “as amended” rather than listing agencies.

Improve code usability by applying the Oxford comma consistently throughout the ordinance to enhance readability, reduce ambiguity, and support a more uniform drafting style.

7.

14.6. Zoning Upon

Annexation.

Clarify the timeline and process for zoning upon annexation, including whether zoning may occur concurrently with annexation where permitted by law.

8.

14.6.2. Zoning

Upon Annexation.

Remove or revise the three-month requirement to provide greater flexibility and align with typical development processes.

9.

14.7.

Nonconforming Uses and Structures.

Consolidate and reorganize the…