HomeMy WebLinkAbout2001-135S \Our Documents\Ordmances\01\Comprehensive Zoning procedures doc
ORDINANCE NO pS &/)D/- AJb_
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A PROCEDURE FOR
ADOPTION OF THE DENTON DEVELOPMENT CODE, A COMPREHENSIVE REWRITE
OF THE CITY OF DENTON'S DEVELOPMENT REGULATIONS PURSUANT TO TEXAS
LOCAL GOVERNMENT CODE §211 006, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Denton City Council pursuant to its home rule powers and Section 219
of the Texas Local Government Code, has adopted a new comprehensive plan, the Denton
Comprehensive Plan 1999-2020, and
WHEREAS, the City Council has previously appointed a City of Denton Code
Committee to undergo the process of recommending comprehensive development regulations
that are consistent with the policies set forth in the Denton Comprehensive Plan 1999-2020, and
WHEREAS, the Denton City Charter and the Code of the City of Denton, Texas do not
set forth a procedure for the City of Denton for the adoption of comprehensive development
regulations to implement a new comprehensive plan, and
WHEREAS, the City has posted and sent notices of public hearings on the proposed
comprehensive development regulations, the Denton Development Code, to the owners of
property within the City of Denton according to the tax rolls of the Denton County Appraisal
District, and
WHEREAS, during the public meetings and public hearings, the Planning and Zoning
Commission and the City Council have received public comment on the Denton Development
Code, and
WHEREAS, the Planning and Zoning Commission has determined that they will
continue to meet and review the Denton Development Code until April 25, 2001 and after that
time, the Planning and Zoning Commission will submit a report to the City Council on the
Denton Development Code, and
WHEREAS, a favorable vote of three -fourths of the City Council is not required to
overrule a recommendation of the Planning and Zoning Commission that the adoption of the
Denton Development Code be denied, and
WHEREAS, a failure to recommend or a recommendation of no action by the Planning
and Zoning Commission on the report of the Denton Development Code to the City Council
shall not constitute a denial, and
S \Our Documents\Ordinances\01\Comprehensive Zoning procedures doc
WHEREAS, after receiving the Planning and Zoning report on the Denton Development
Code, the City Council may make any changes in the Denton Development Code warranted by
law or in the public interest, and
WHEREAS, pursuant to Texas Local Government Code §211 006(a), the City Council
desires to create a procedure to notify the public of the public hearing prior to the adoption of the
Denton Development Code, and
WHEREAS, by a two-thirds vote of the City Council, as required by Texas Local
Government Code §211 006 (c) the prescribed notice of the public hearing prior to the adoption
of the Denton Development Code shall be as hereinafter set forth within this ordinance, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The findings contained in the preamble of this ordinance are incorporated
herein as if fully set forth within the body of this ordinance
SECTION 2 The City Council hereby directs the Planning and Zoning Commission to
continue to meet and review the Denton Development Code until April 25, 2001 and after that
time, but no later than May 2, 2001, a Planning and Zoning Commission report on the Denton
Development Code shall be submitted to the City Council
SECTION 3 A favorable vote of three -fourths of the City Council is not required to
overrule a recommendation of the Planning and Zoning Commission that the adoption of the
Denton Development Code be denied
SECTION 4 A failure to recommend or a recommendation of no action by the Planning
and Zoning Commission on the report of the Denton Development Code to the City Council
shall not constitute a denial
SECTION 5 That after receiving the Planning and Zoning report on the Denton
Development Code, the Denton City Council shall conduct a public hearing pursuant to Texas
Local Government Code §211 006 (a) to consider, make recommendation, and take appropriate
action concerning the Denton Development Code implementing policies contained within the
Denton Comprehensive Plan 1999-2020
SECTION 6 That the notice of the time and place for the final public hearing shall be
given as follows
a 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, the official
S \Our Documents\Ordinances\01\Comprehensive Zoning procedures doe
newspaper in two separate places, the legal notice section and another location in the
newspaper separate from the legal notice section, and
b Before the 7`h 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
SECTION 7 That all ordinances or parts of ordinances in force when the provisions of
this ordinance became effective which are inconsistent, or in conflict with the terms or provisions
contained in this ordinance, are hereby repealed to the extent of any such conflict
SECTION 8 That 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 remaining portions despite any such invalidity
SECTION 9 This ordinance shall become effective immediately from and after its
passage and approval /
PASSED AND APPROVED this the a%'t'Ic day of X 0,tek 2001
&,&X4_�', C-
EULINE BROCK, MAYOR
ATTEST-
JENNIFER WALTERS, CITY SECRETARY
BY (IMP11
APPROVED AS TO LEGAL FORM
HERBERT L PROU Y, CITY ATTORNEY
BY