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2013-130 %(+$1$%$1$-"$%.1, 2013130 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$Ș2ș#§º«(´¯º¯§²¹ AmendedbyOrdinanceNo.2017329ɋ 10/24/17JR \[AmendmenttoTransportationDesignCriteriaManual\] AmendedbyOrdinanceNo.2017330ɋ 10/24/17JR \[AmendmenttoWater&WastewaterDesignCriteriaManual\] AmendedbyOrdinanceNo.18376ɋ 03/20/18JR \[AmendmenttoDrainageDesignCriteriaManual\] AmendedbyOrdinanceNo.18430ɋ 03/20/18JR \[AmendmenttoTransportationDesignCriteriaManual\] s:llegallour documentslordinances1131criteria manual procedures ordinance2.doc ORDINANCE NO. 2013-130 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 3("PROCEDURES") OF THE DENTON DEVELOPMENT CODE BY ADDING NEW SECTION 35.3.13 ("DEVELOPMENT CRITERIA MANUAL PROCEDURE") ESTABLISHING CRITERIA FOR THE AMENDMENT OF DEVELOPMENT CRITERIA MANUALS; AND BY AMENDING SECTION 35.3.4.A ADDING A NEW ACTION ITEM THAT IS REQUIRED TO FOLLOW THE ZONING AMENDMENT PROCEDURE; AND PROVIDING FOR THE RATIFICATION OF EXISTING CRITERIA MANUALS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2002-040, the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code"); and WHEREAS, the 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 Council after public hearing, in accordance with State law, but specific design standards and methodologies are delegated to a staff of professionals possessing the licensure and expertise necessary and appropriate to establishing such standards and methodologies in the public interest, after consultation with their peers in both the public and private sectors, consistent with the policy direction of Council; and WHEREAS, the Development Criteria Manual process was intended to benefit the public and the development community by empowering City professional 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 cost expended, for issues not involving policymaking decisions; and WHEREAS, the City Council had previously adopted by ordinance the Development Criteria Manuals listed in the attached Exhibit "A"; and WHEREAS, the Development Code, however, did not provide a procedure for malcing administrative amendments to these Development Criteria Manuals; and WHEREAS, the proposed administrative amendment procedure carries out and completes the original intent envisioned by this criteria manual approach; and WHEREAS, the City Manager recommends that a procedure for making administrative amendments to the Development Criteria Manuals be established which is similar to procedures established by other municipalities; and -1- s:llegal\our documents\ordinances1131criteria manual procedures ordinance2.doc WHEREAS, after providing notice and conducting public hearings as required by law, the Planning and Zoning Commission recommended approval of these changes to Subchapter 3 of the Development Code: and WHEREAS, after providing notice and after conducting a public hearing as required by law, the City Council finds that these changes to the Development Code to establish procedures to make administrative amendments to the Development Criteria Manuals axe consistent with the Comprehensive Plan, and are in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION l. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. Subchapter 3— Procedures of the Development Code is hereby amended by adding a new Section 353.4.A.6 ("Development Criteria Manual Procedure") which shall read as follows: 35.3.4. Zonin� Amendment Procedure. A. The following actions shall follow the Zoning Amendment Procedure: ******** 6. Consider an amendment to the Development Criteria Manuals if the protest or requests for review cannot be resolved within the 30-day review period as described in Subsection 35.3.13.B.2.d. SECTION 3. Subchapter 3— Procedures of the Development Code is hereby amended by adding a new Section 35.3.13 ("Development Criteria Manual Procedure") which shall read as follows: 35.3.13 Development Criteria Manual Procedure. A. Purpose• In order to optimize and facilitate the specification of safe, efficient, cost — effective design and development standards, this procedure for making amendments to Development Criteria Manuals is established to afford a procedure for establishing design standards administratively. The intent is for standards to be established quicicly and efficiently, as a part of a collaborative dialog among land development professionals, both inside and outside the City. 1. Minimum Standards and Resbonsibility: The criteria established by the Development Criteria Manuals and the procedures set forth herein are not intended to supersede any requirement for submission and staff approval of designs sealed by a professional having appropriate licensure. Design -2- s:llegallour documentslordinances\13\criteria manual procedures ordinance2.doc and development standards and procedures established in the Development Criteria Manuals under this Subsection are intended for use only as engineering and design guidelines, and to establish minimum design and development standards. Responsibility for the sufficiency and appropriateness of any actual design shall remain the responsibility of the design engineer for the project, and responsibility for the sufficiency of construction sha11 remain with the contractor for the project. Users of the Development Criteria Manuals should be knowledgeable and experienced in the theories and application of the underlying standards or utilize someone who is knowledgeable and experienced. It is expected that all designs and construction of individual projects will meet or exceed these minimum standards. B. Procedure l. Initial Approval. The baseline structure for each Development Criteria Manual is established by ordinance, using the procedure set forth in Section 35.3.4 of this Subchapter. No additional public notification is required, beyond posting of the item on the agenda for the public meetings of the Planning and Zoning Commission and the City Council at which the item is to be considered. At the public hearing, the Planning and Zoning Commission and the City Council may hear comments from the public, the City staff and outside professionals from the land development community. Approval should be based on comments made at the public hearing and other applicable federal, state and City laws and regulations. Approval shall be guided by the criteria set forth in this Code and any other matters required to be considered under applicable law including, without limitation, the criteria set forth in subsection C, below. 2. Administrative Amendment. After initial approval, amendments of the approved Development Criteria Manuals will proceed according to the following administrative procedure: a. The City Manager, or the City Manager's designee, will present proposed axnendments before the Planning and Zoning Commission at a worlc session. No additional public notification is required beyond posting of the item on the work session agenda of the Planning and Zoning Commission. At the worlc session, the Planning and Zoning Commission may offer any suggestions or recommendations concerning the proposed amendment. Following the worlc session, the City Manager, or the City Manager's designee, shall proceed with posting the proposed amendment as described in Subsection B.2.b. -3- s:llegal\our documentslordinances1131criteria manual procedures ordinance2.doc b. The City Manager, or the City Manager's designee, will post proposed amendments on the City of Denton web site and at the City of Denton City Hall at the location for posting notices of all public meetings, for a period of not less than 30 consecutive days. c. During this 30 day period, comments of interested persons and written protests or requests for review may be sent to the electronic or street address of the City Manager or the City Manager's designee. The current Development Criteria Manuals will be posted on the City's web site. All proposed amendments shall become final unless review is requested or a written protest is filed within this 30 day period. d. The City Manager, or the City Manger's designee, will ma1�e an attempt to resolve all protests or requests for review and consider all comments filed within the 30 day period. If the protests or requests for review cannot be resolved the amendment will be processed as an ordinance using the procedure set forth in Section 35.3.4 of this Subchapter. 3. Legislative Amendment. Nothing in this subchapter sha11 prevent the City Council from malcing changes to the Development Criteria Manuals by ordinance including, without limitation, to establish fee schedules or to malce other changes as they may deem to be necessary or appropriate. C. Criteria. The following criteria shall be considered as guidelines for determining which amendments to the Development Criteria Manuals will be handled through this administrative procedure: 1. Desi�n Standards. Design and construction standards shall be set to establish a baseline that will promote the health, safety and welfare of the public and to promote cost — effective construction and design. 2. Public Improvements. The design standards for public improvements should strive to minimize the ongoing costs to operate and maintain public improvements and to provide for an appropriate service life, to minimize the future burden on the public. The standards shall also consider the positive impact that properly designed and maintained public improvements have on the economic development and the welfare of the City as a whole. 3. Private Improvements. The design standards for private improvements shall establish an appropriate baseline to protect the health, safety and welfare of the public, while promoting processes that are affordable and cost effective. The standards shall also encourage quality development -4- s:llegallour documentslordinances\131criteria manual procedures ordinance2.doc with lasting value, and maintain or enhance the property value of the development and its neighborhood. 4. Aesthetics. Standards should promote aesthetics to the extent of recognizing the value and importance of maintaining or improving upon the neighborhood or surrounding area in a tasteful and compatible fashion, consistent with the Denton Plan, so as to maintain or improve property values and attract quality development. SECTION 4. The Development Criteria Manuals listed in the attached Exhibit "A" are hereby ratified and approved by the City Council as the City's official Development Criteria Manuals. SECTION 5. 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 law, SECTION 6. This ordinance shall be cumulative of all other ordinances of the City of Denton and shall not repeal any of the provisions of those ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this Ordinance. SECTION 7. 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 provisions despite any such invalidity. SECTION 8. 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 9. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � ATTEST: JENNIFER WALTERS, CITY SECRETARY IC • -5- Z s:llegal\our documentslordinances1131criteria manual procedures ordinance2.doc APPROVED AS TO LEGAL FORM ANITA Bj.JRGESS, CITY ATTO� l l� BY: ��-�- '"C �C[�2�'� � � s:llegallour documentslordinances\13\criteria manual procedures ordinance2.doc EXHIBIT "A" Construction Criteria Manual 2. Drainage Design Criteria Manual 3. Site Design Criteria Manual 4, Site Plan Criteria for Municipal Solid Waste & Recyclables Storage & Enclosure Requirements 5. Transportation Design Criteria Manual 6. Water and Wastewater Design Criteria Manual 7. Application Criteria Manual -7-