2013-130
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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
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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
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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.
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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
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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 •
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s:llegal\our documentslordinances1131criteria manual procedures ordinance2.doc
APPROVED AS TO LEGAL FORM
ANITA Bj.JRGESS, CITY ATTO�
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BY: ��-�- '"C �C[�2�'� �
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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
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