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Home My WebLink About23-1856ORDINANCE NO. 23- 1856 AN ORDINAN(_'E OF THE CITY OF DENTON, TEXAS REPEALING THE SOLID WASTE AND RECYCLING CRITERIA MANUAL, STORMWATER CRITERIA MANUAL, TRANSPORTATION CRITERIA MANUAL, WATER AND WASTEWATER CRITERIA MANUAL, AND STREETLIGHT CRITERIA MANUAL; COMBINING SUCH DOCUMENTS INTO THE DENTON DESIGN CRITERIA MANUAL; APPROV[NG THE DENTON DESIGN CRITERIA MANUAL; PROVDrNG FOR A DESIGN DEVIATION PROCEDURE; AND PROVIDING FOR SEVERABILITY, A SAVINGS CLAUSE AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of Denton, a Texas home-rule municipal corporation (the “City”) adopted the newly revised Denton Development Code, superseding and expressly repealing Chapters 31, 34 and 35 of the 1991 Code of the City of Denton, Texas, as amended, and leaving all other Chapters intact and superseding and expressly repealing the 2002 Denton Development Code, as amended; and WHEREAS, the Denton Development Code established a process whereby the policies, regulations, and procedures relating to zoning and development within the City and its regulatory extraterritorial jurisdiction are legislatively established by the Council after public hearing in accordance with State law; and WHEREAS, the creation of specific design standards and methodologies (the “Development Criteria Manual”) are delegated to City, staff possessing the necessary and appropriate licensure and expertise who may also consult with their peers in both the public and private sectors, consistent with the policy direction of Council through Section 2.11 of the Denton Development Code; and WHEREAS, the Development Criteria Manual process was intended to benefit the public and the development community by empowering City staff to more quickly implement new and improved materials and methods as they are developed, in accordance with generally accepted design standards of the industry, as appropriate to achieving an equal or greater public benefit for costs expended, for issues not involving policymaking decisions; and WHEREAS, the latest versions of the Solid Waste and Recycling Criteria Manual, the Stormwater Criteria Manual, the Transportation Criteria Manual and the Water and Wastewater Criteria Manual were last prepared and approved by City Council Ordinances 22-1715, 22-1716, 22-1717, 22-1718 in December 2022; and WHEREAS, the Solid Waste and Recycling Criteria Manual, the Stormwater Criteria Manual, the Transportation Criteria Manual, the Water and Wastewater Criteria Manual, and the Streetlight Criteria Manual will be combined into the Denton Design Criteria Manual; and WHEREAS, the Denton Design Criteria Manual will be adopted by ordinance; and WHEREAS, after providing notice and conducting a public hearing as required by state law, the City Council finds that these changes to the Denton Design Criteria Manual are consistent with the Comprehensive Plan and are in the public interest; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Denton Design Criteria Manual is hereby approved and shall read as contained in Exhibit “A.” Any previous criteria manuals including those passed by City Council Ordinances 22-1715, 22- 1716, 22- 1717, 22-1718 are hereby repealed and are no longer of any force and effect upon the effective date of this ordinance. SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law, and that public notice of the time, place, and purpose of the meeting was given as required by State law. SECTION 4. If any section, subsection, paragraph, sentence, clause, phrase, or word in this ordinance, or the application thereof to any person or under any circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such renaming provisions despite any such invalidity. SECTION 5. City Council hereby authorizes the “Design Deviation Procedure” and authorizes the City’s Engineer and Department Reviewer to review submitted design deviations from the required design criteria for design of facilities outlined in the Denton Design Criteria Manual. SECTION 6. City Council hereby authorizes the “Revocation of an Approved Deviation” by the City’s Engineer and Department Reviewer for failure to provide acurate and complete information regarding the request, comply with conditions or terms of an approved design deviation, or report material changes related to the approved design deveation request. SECTION 7. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the code of ordinances shall remain in full force and effect. SECTION 8. This ordinance shall become effective July 1, 2024. The motjon to approve this ordinance was made by B r t &',_ BeLL and seconded by A hi By, J , the r oved by the following vote [I - m: Aye ,'/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer, District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5: p/ Jill Jester, At Large Place 6: / ,/ \/ ,/ ,/ PASSED AND APPROVED thi,. th, V +-- d„ ,f Jvhc 2024 =MhoR ATTEST: LAUREN THODEN, CITY SECRETARY #aLwbK,Xdk APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY VhLCCaoLb&p&w BY: