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.
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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
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day of , 2011.
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