DCA19-0014aORDINANCE NO. DCA19-0014a
AN ORDINANCE OF THE CITY OF DENTON AMENDING SECTION 1.3.4, CONFLICTS
WITH OTHER ORDINANCES AND CRITERIA MANUALS, AND ESTABLISHING
SECTION 2.1 l, DEVELOPMENT CR[TERIA MANUAL PROCEDURE; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLAT[ONS THEREOF;
AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (DCA19-0014)
WHEREAS, pursuant to Ordinance No. DCA18-0009q, the City Council of the City of
Denton, Texas adopted the newly revised Denton Development Code (the "DDC"); and
WHEREAS, the City desires to amend Section 1.3.4,B in the DDC to add "Administrative
Criteria Manual" and delete "Site Design Criteria Manual" to the list of criteria manuals; and
WHEREAS, the City desires to establish a Development Criteria Manual Procedure in
Section 2,] 1 in the DDC to set forth the purpose, minimum standards and procedures, adoption
and amendment procedure, and approval criteria for approving updates to the development criteria
manuals; and
WHEREAS, on November 6, 2019, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, gave the requisite notices by publication, and held due hearings,
and recommended approval [6-0] of the amendments to the Denton Development Code; and
WHEREAS, on November 19, 2019, the City Council likewise conducted a public hearing
in accordance with local and state law and the City Council hereby finds that the subject
amendments to Subchapters 1 and 2 are consistent with the City's comprehensive plan, and federal,
state, and local law, and are in best interests of the citizens of the City of Denton; NOW,
THEREFORE,
THE COUNCIL OF THE C[TY OF DENTON HEREBY ORDAINS:
SECTION l. The fndings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. Section 1.3.4.B of the DDC is amended as set forth in Exhibit "A," which is
attached and incorporated fully herein by reference.
SECTION 3. New Section 2.11 ("Development Criteria Manual Procedure") is added to
Subchapter 2 of the DDC, and such new section shall hereinafter read verbatim as set forth in
Exhibit "B," which is attached and incorporated fully herein by reference.
SECTION 4. Any person, firm, partnership or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense, Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
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SECTION 5. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 6. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed, and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
The motion to �p��rc�ve this ordinance was made by �EF_ L���/(��J
and seconded by JE--��•c� 1�,►��. i5 __ .�I��: ordinance was passed and
approved by the following vote ��-���:
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
�e � Abstain Absent
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✓
✓
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✓
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✓
PASSED AND APPROVED this the ���-�`2 day of `f�[.�r�l-�f'�• , 2019.
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CHRIS WATTS, MAYOR
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ATTEST:
ROSA RIOS, CITY SECRETARY
� ,� �' �' .�I
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/Cvnthia R. Kir�hnff
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EXHIBIT "A"
Amend Section 1.3.4.B of the Denton Development Code as follows:
B. Whenever any provision of this DDC conflicts with a Criteria Manual adopted �
t��-cli�i�ii�ce by the City of Denton �s esta��lisiieti ii� Sec�ic�n ?. I I, including but not limited
to those listed below, the Criteria Manual shall govern, as determined by the Director:
1, Administrative Criteria Manual
2. Connectivity Component - Mobility Plan
3. Construction Criteria Manuals
Environmentallv SeiYsitive Areas Criteria Manual
T�i-L�-�4i-}�+.H-r� ,�., nn, ,�}
5. Solid Waste Criteria Manual
6. Stormwater Design Criteria Manual
7. Transportation Criteria Manual
8. Water and Wastewater Criteria Manual
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EXHIBIT "B"
Add Section 2.11 Development Criteria Manual Procedure, as follows:
A. Purpose
In order to optimize and facilitate the specification of safe, efficient, cost-effective design
and development standards, this procedure for creating and updating Development Criteria
Manuals is established. The intent is for design and development standards to be
established quickly and efficiently, as a part of a collaborative dialog among land
development professionals, both inside and outside the City.
B. Minimum Standards and Responsibility
The standards 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 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 standards. The responsibility for the sufficiency and appropriateness
of any actual design shall remain the responsibility of the design engineer for the project,
and the responsibility for the sufficiency of construction shall remain the responsibility of
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.
C. Procedure:
lniti.�l Aiy��r�4�val. The baseline structure for each Development Criteria Manual is
established by ordinance, using the Zoning Text Amendment Procedure found in
Subsection 2.7.4. A Development Criteria Manual may be approved by the City
Council following review and recommendation by the Planning and Zoning
Commission. At the public hearings, the Planning and Zoning Commission and the
City Council may hear comments from the public, outside professionals from the
land development community, and staff. 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 Section 2.1 l D
below and any other requirements to be considered under applicable law.
2, A�In�inisfr:itivc ll �d:itc. After initial approval, updates of the approved
Development Criteria Manuals will proceed according to the following
administrative procedure:
a. Staff will present the proposed update before the Planning and Zoning
Commission at a work 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 work session, the Planning and Zoning
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Commission may offer any suggestions or recommendations concerning the
proposed update.
b. Following the work session, staff will post the proposed update on the City of
Denton web site along with the current Development Criteria Manual and at
City Hall at the location for posting notices of all public meetings, for a period
of not less than thirty (30) calendar days.
c. During this thirty-day period, comments of interested persons and written
protests or requests for review will be collected and staff will consider all
comments filed and make an attempt to resolve all protests or requests for
review within the thirty (30) calendar day period.
d. After the thirty (30) calendar day period, staff will present the proposed update
before the City Council at a public hearing. The proposed update will be
processed as an ordinance, requiring public hearing notification prior to the City
Council meeting, that meet the content, timing, and other notices specification
outlined in the Administrative Criteria Manual.
1,e�i;.l.�tivr U�,dalcs. Nothing in this subchapter shall prevent the City Council
from making updates to the Development Criteria Manuals by ordinance including,
without limitation, to establish fee schedules or to make other changes as they may
deem to be necessary or appropriate.
A. Approval Criteria
The following criteria shall be considered as guidelines for approving updates to the
Development Criteria Manuals:
l. [)esi��� fit�i�rcl:ir-c��. 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.
Public Imnrovements. 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.
l'r•i�atc Irzi �r���cri�ci�ts. 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 with lasting value, and maintain or enhance the
property value of the development and its neighborhood or surrounding area.
4. A�stlietics. 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 City's Comprehensive
Plan, so as to maintain or improve property values and attract quality development.
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