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2011-235s:llegallour documents\ordinances1111governmental entities development review track ordinance.doc ORDINANCE NO. 2011-235 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 4 OF THE DENTON DEVELOPMENT CODE ("CODE") BY ADDING SECTION 35.4.4.3, ENTITLED "GOVERNMENTAL ENTITY DEVELOPMENT REVIEW PROCESS"; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. (DCA10-0011) WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code, being Chapter 35 of the Code of Ordinances of the City of Denton, Texas, as amended {the "Development Code"); and WHEREAS, the Denton Independent School District ("DISD") has inquired of the City of Denton (the "City") whether a new tier of development processes for governmental entities can be established to shorten the City's project development review process; and WHEREAS, DISD is a rapidly growing school district that requires DISD to be efficient and expeditious in planning and constructing new educational facilities under time-sensitive construction schedules, even though the costs of construction have escalated on a rapid scale; and WHEREAS, other governmental entities operating in the City likewise face the same planning and construction concerns resulting from rapid population growth and increased public demand for services; and WHEREAS, a shorter project development review process can assist DISD and other governmental entities in meeting their time-sensitive construction schedules, as well as assist them in realizing construction cost savings; and WHEREAS, after conducting a public hearing as required by law, the Planning and Zoning Commission has recommended certain changes to Subchapter 4 of the Development Code; and WHEREAS, after conducting a public hearing as required by law, the City Council finds that the subject changes to the Development Code are consistent with the State law, Comprehensive Plan, and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and are true and correct. SECTION 2. Subchapter 35.4 of the Development Code is hereby amended by adding Section. 35.4.4.3, to read as follows: 35 4 4.3 Governmental Entity Development Review Process. A. General - The Development Review Committee shall establish a Governmental Entity Development Review Process to provide a technical and coordinated review of development proposals submitted by governmental entities. The purpose of this track is to shorten the development review process while ensuring that public safety, adequate public facilities, regulatory compliance and appropriate environmental stewardship are achieved. B. Applicability — The provisions of the Governmental Entity Development Review process are applicable to those governmental entities that have: 1. the power to tax real and tangible personal property; 2. limited geographic and jurisdictional boundaries; 3. locally elected or locally appointed governing members; and 4. the authority to provide a general public service or benefit. State and federal agencies exempt from zoning regulations per Texas Local Government Code, Section 211.013(c), may voluntarily elect to submit a development application for processing under the Governmental Entity Development Review Track. C. Administration — The Governmental Entity Development Review Process shall be administered by the Development Review Administrator or their designee to oversee the processing of development applications. The processing of development applications within the Governmental Entity Development Review Process shall follow the flowchart included in the City of Denton Criteria Manual and sha11 be processed in accordance with the Development Review Schedule. D. Community Facilities Agreement (CFA) — In order to facilitate the construction of infrastructure extensions and public improvements, governmental entities sha11 enter into a Community Facilities Agreement that outlines all public infrastructure extensions and improvements to be completed in association with all development proposals as required by the City of Denton. The CFA shall include cost estimates, sets the initial development fees based on the public infrastructure estimates and includes boning and insurance requirements once project bids have been awarded. SECTION 3. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. Page 2 SECTION 4. This ordinance shall become effective immediately from and after its passage. PASSED AND APPROVED this the ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: AP OVED A O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ,� r BY: �C�-�'� � �� day of , 2011. Page 3