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21-647FILE REFERENCE FORM X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Resolution adopted creating the Ad Hoc Development Code Review Committee – 18-637 Date Initials 04/10/2018 05/21/2019 KR KRResolution amending 18-637 – 19-1115 Resolution reestablisll Committee to assist in the Denton Development Code amendment process – 20-1967 10/06/2020 03/31/2021 KR KR KR The committee terminated and dissolved Ordinance establishing the Development Code Review Committee as an advisory committee – 21-647 04/06/2021 ORDINANCE NO. 21-647 AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING THE DEVELOPMENT CODE REVIEW COMMITTEE AS AN ADVISORY COMMITTEE OF THE CITY; ESTABLISHING THE POWERS AND DUTIES OF THE DEVELOPMENT CODE REVIEW COMMITTEE; REPEALING ALL ORDINANCES AND RESOLUTIONS nq CONFLICT HEREWITH; AND PROVIDING AN EFFECTrVE DATE. WHEREAS, on April 10, 2018, the City Council adopted a Resolution creating the Ad Hoc Development Code Review Committee (“Committee”) to consider and advise the City Council whether and in what manner to revise the 2002 Denton Development Code (Resolution No. 18- 637); and WHEREAS, the City Staff, with the assistance of an outside consultant, Clarion Associates, completed draft revisions of the 2002 Denton Development Code and presented to the general public, the Committee, the Planning and Zoning Commission and to the City Council for review and comment; and WHEREAS, on April 10, 2019, the Planning and Zoning Commission recommended approval (7-0) of the 2019 Denton Development Code, with the Zoning District Transition Chart; and WHEREAS, on April 23, 2019, the City Council adopted the 2019 Denton Development Code and Zoning District Transition Chart, but delayed the effective date until October 1, 2019, to allow further refinement, while allowing the existing Denton Development Code provisions to remain in force during this interim period; and WHEREAS, on May 21, 2019, the City Council approved a resolution amending Resolution No. 18-637 to extend the term of the Committee and to review all proposed revisions to the 2019 Denton Development Code (Resolution No. 19- 1115); and WHEREAS, on September 17, 2019, the City Council approved and adopted a city-wide rezoning, to coincide with zoning regulations adopted under the 2019 Denton Development Code; and WHEREAS, on October 1, 2019, the 2019 Denton Development Code went into effect; and WHEREAS, the Committee continued to meet after the effective date to discuss and make recommendations to the entire City Council related to subsequent Code amendments to refine the Denton Development Code and to address nonconforming issues that resulted by applying the 2019 Denton Development Code; and WHEREAS, on December 3 1 , 2019, the Committee terminated and dissolved; and WHEREAS, on October 6, 2020, the City Council reestablished the Committee, with the same members, to assist in the Denton Development Code amendment process by providing guidance, prioritizing and reviewing draft amendments (Resolution No. 20- 1967); and WHEREAS, the Committee recommended that the Committee be established as a standing City Committee to provide guidance on all proposed and future Code amendments after March 3 1, 202 1; and WHEREAS, the Committee recommended that all members (three City Councilmembers and three Planning and Zoning Commissioners) be voting members; and WHEREAS, on March 3 1, 202 1, the Committee terminated and dissolved; and WHEREAS, on March 16, 2021, the City Council discussed and directed staff to establish the Development Code Review Committee as a standing City Committee, to describe the role and responsibilities of the Committee, and to establish all members as voting members; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein. SECTION 2. The Development Code Review Committee is hereby established as a standing City Committee to review proposed Denton Development Code amendments and make recommendations to the Planning and Zoning Commission and the City Council regarding proposed Denton Development Code amendments. SECTION 3. The Committee shall be composed of six (6) voting members: three (3) City Councilmembers and three (3) Planning and Zoning Commissioners. The members shall be nominated and appointed by the City Council for a term of two (2) years and serve at the pleasure of the City Council until successors are duly appointed by the City Council. The initial term of all Members of the Development Code Review Committee ends on August 3 1 , 202 1, which inaugural term shall not constitute a term for purposes of §2-65 of the Code of Ordinances of the City of Denton. Thereafter, the term of all Members of the Development Code Review Committee ends August 31 of odd numbered years. Members of the Development Code Review Committee must be current members of the Planning and Zoning Commission or current elected City Council members of the City of Denton. If such a Member is no longer on the Planning and Zoning Commission or the City Council, their appointment to the Development Code Review Committee is terminated and their unexpired term shall be filled by a currently serving City Councilmember or Planning and Zoning Commissioner. The Chairperson and Vice Chairperson shall be chosen annually by the Development Code Review Committee and shall be City Councilmembers. A quorum of the Development Code Review Committee required to hold a meeting is four (4) of the Page 2 of 4 Development Code Review Committee members. The Development Code Review Committee shall meet as needed when called by the City Council or the City Manager, or his or her designee. SECTION 4. The Development Code Review Committee shall be advisory only. The powers and duties of the Development Code Review Committee shall include and be limited to providing information, advice, and the making of recommendations to the Planning and Zoning Commission and City Council in matters brought forward to the Development Code Review Committee by the City Manager, or his or her designee, or assigned by the City Council, which shall pertain to the provisions of the Denton Development Code. Nothing in this section shall restrict a majority of the Development Code Review Committee from requesting that the City Manager, or his or her designee, place an item on the agenda of the Development Code Review Committee. The powers and authority of the Development Code Review Committee shall not limit, expand, or amend the authority and requirements of Loc. Gov’t Code Chapter 211 and no recommendation of the Development Code Review Committee shall be binding on the Planning and Zoning Commission or City Council or be required in order for the Planning and Zoning Commission or City Council to act. SECTION 5. The City Manager, or his or her designee, will provide support to the Committee as necessary and shall be responsible for ensuring that records are maintained in accordance with the requirements of the City Secretary’s Office. The City Attorney shall provide legal counsel to the Committee and City Staff with the drafting of all proposed Code amendments to the Denton Development Code, as recommended by the Committee. SECTION 6. Any matters not addressed by this ordinance shall be governed by the Code of Ordinances of the City of Denton (the “Code“) and the “City of Denton Handbook for Boards, Commissions and Council Committees,” except §2-83(c) of the Code does not apply to City Councilmembers serving on the Development Code Review Committee. Any restriction on the number of boards and committees that a person may serve on shall not prevent a City Councilmember or Planning and Zoning Commissioner from serving on the Development Code Review Committee. The terms of this ordinance shall control over conflicting provisions of the Code and the “City of Denton Handbook for Boards, Commissions and Council Committees.” SECTION 7. All ordinances and resolutions, or parts of ordinances and resolutions, in force when this ordinance becomes effective which are inconsistent or in conflict with the terms of this ordinance are hereby repealed to the extent of such conflict, including without limitation, the entirety of Resolution Numbers 18-637, 19- 1115 and 20- 1967. SECTION 8. This ordinance shall become effective immediately upon its passage and approval. Th, m,ti,. t, ,pp„„, th'i, ,£di„,„„ w„ m,d, by TON C)AUC S and seconded by (Dna; e bCe f , the or) d by the following vote [I - E : Page 3 of 4 Aye \/ \/ \// b/ \/ Nay Abstain Absent tierarcl Huclspet11, Mayor: Birdia Johnson. District 1 Connie Baker. District 2: Jessie Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: V/ \/’ PASSED AND APPROVED this the bb d,y,f b?f : \, 2021 aERm ?rF6MH MAYOR :::: :OS. CITY SECRETARY ap/ap _gai . ItIll BIlIItf APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Page 4 of 4