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HomeMy WebLinkAboutOctober 25, 2004 Agenda AGENDA CITY OF DENTON CITY COUNCIL October 25, 2004 After determining that a quorum is preseN, the City Council of the City of DeNon, Texas will convene in a Special Called Meeting on Monday, October 25, 2004 at 12 noon in the Council Work Session Room, 215 E. McKinney, Denton, Texas at which the following item will be considered: 1. Consider adoption of an ordinance of the City of DeNon, Texas, authorizing and setting a join public hearing with the Planning and Zoning Commission and the City Council to consider zoning amendments to the Denton Development Code affecting multi-family development, including without limitation requiring specific use permits for all multi-family developmeN in the City of DeNon; prescribing notice of the join public hearing pursuaN to Texas Local GovernmeN Code §211.007(d); and providing for an effective date. NOTE: The City Council reserves the right to adjourn iNo a Closed Meeting on any item on its Open Meeting agenda consistent with Chapter 551 of the Texas Government Code, as amended, including without limitation, Sections 551.071-551.086 of the Texas Open Meetings Act. CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of DeNon, Texas, on the day of ,2004 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE: THE CITY OF DENTON COUNCIL WORK SESSION ROOM IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. AGENDA INFORMATION SHEET AGENDA DATE: October 25, 2004 DEPARTMENT: Legal CMfDCM/ACM: Herbert L. Prottty, City Attorney SUBJECT Consider an ordinance of the City of Denton, Texas, authorizing and setting a Joint Public Hearing with the Planning and Zoning Conm~ission and the City Council to consider zoning amendments to the Denton Development Code affecting multi-family development, including without limitation requiring specific use permits for all multi-family development in the City of Denton; prescribing notice of the joint public hearing pursuant to Texas Local Government Code §211.007(d); and providing for an effective date. BACKGROUND Under state law the City Council by 2/3rds vote may prescribe the type of notice for a joint City Council and Planning and Zoning Commission public hearing for zoning amendments. The proposed ordinance sets the joint public hearing for November 16, 2004 at 6:30 p.m. in the City Council Chambers. The ordinance provides for notices to be published in the Denton Record Chronicle on two separate occasions. On each occasion the notice will be placed in both the legal notice section and regular section of the newspaper. Staff recommends approval. OPTIONS 1. Approve the ordinance, or 2. Revise and approve the ordinance, 3. Deny the ordinance, or 4. Table for future consideration FISCAL IMPACT None Respectfully submitted: HERBERT L. PROUTY BY. Ed Sny~e~ Deputy C/,t.y,~ttomey S:XOur Documcnts~FOR.MSXMulti Family Development AIS.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING AND SETTING A JOINT PUBLIC HEARING WITH THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL TO CONSIDER ZONING AMENDMENTS TO THE DENTON DEVELOPMENT CODE AFFECTING MULTI-FAMILY DEVELOPMENT, INCLUDING WITHOUT LIMITATION REQUIRING SPECIFIC USE PERMITS FOR ALL MULTI- FAMILY DEVELOPMENT IN THE CITY OF DENTON; PRESCRIBING NOTICE OF THE JOINT PUBLIC HEARING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211.007(d); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Texas Local Government Code §211.007, the City Council desires to have a joint public hearing with the Planning and Zoning Commission on November 16, 2004 at the City Council Chambers at 6:30 o'clock p.m, regarding proposed zoning amendments to the Denton Development Code affecting multi-family development, including without limitation requiring specific use permits for all multi-family development; and WHEREAS, pursuant to Texas Local Government Code {}211.007(d), the City Council wishes to prescribe notice of the time and place of the joint pubhc hearing; and WHEREAS, by a two-thirds vote of the City Council, as required by Texas Local Government Code §211.007(d) the prescribed notice of the joint public hearing shall be as hereinafter set forth within this ordinance; WHEREAS, the City Council hereby finds that this ordinance is in the public interest; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City of Denton City Council and the City of Denton Planning and Zoning Commission shall conduct a joint public hearing pursuant to Texas Local Government Code §211.007(b) on November 16, 2004 at the City Council Chambers located in City Hall at 215 East McKinney Street in Denton, Texas, at 6:30 o'clock p.m. to consider zoning amendments to the Denton Development Code affecting multi-family development, including without limitation requiring specific use permits for all multi-family development. SECTION 3. The notice of the time and place for the joint public heating on November 16, 2004 shall be given on two separate occasions as follows: Before the 15th day before the public hearing, a notice of the date, time and place of the public hearing shall be published in the Denton Record-Chronicle in two separate places; the legal notice section and another location in the newspaper separate from the legal notice section; and bo Subsequent to the notices provided for in Section 3.a, before the 7th day before the public hearing, a notice of the date, time and place of the public hearing shall be pubhshed in the Denton Record-Chronicle in two separate places; the legal notice section and another location in the newspaper separate fi'om the legal notice section. SECTION 4. The Notice shall contain the following information: The City of Denton City Council and the City of Denton Planning and Zoning Commission will hold a joint public hearing on November 16, 2004 at the City Council Chambers located in City Hail at 215 East McKinney Street in Denton, Texas at 6:30 p.m. to consider zoning amendments to the Denton Development Code affecting multi-family development, including without limitation requiring specific use permits for all multi-family development. Nothing herein shall be construed to prohibit the notice from containing additional information. SECTION 5. Should the City Council desire to have an additional public hearing or public hearings notice will be published in accordance with Section 211.006(a) of the Local Government Code. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of October, 2004. ATTEST: JENNIFER WALTERS, CITY SECRETARY EULINE BROCK, MAYOR BY: APPROVED AS TO LEe HERBERT L. BY: 03AL FORM: RNEY PAGE 2