2001-135S \Our Docum~nts\Ordmances\Ol\Comprehens~ve Zomng procedures doc
O INANCENO
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING A PROCEDURE FOR
ADOPTION OF THE DENTON DEVELOPMENT CODE, A COMPREHENSWE REWRITE
OF THE CITY OF DENTON'S DEVELOPMENT REGULATIONS PURSUANT TO TEXAS
LOCAL GOVERNMENT CODE §211 006, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Denton C~ty Council pursuant to its home rule powers and Section 219
of the Texas Local Government Code, has adopted a new comprehensive plan, the Denton
Comprehanmve Plan 1999-2020, and
WHEREAS, the C~ty Council has previously appointed a C~ty of Denton Code
Committee to undergo the process of recommendtng comprehensive development regulatwns
that are conststent with the pohcles set forth ~n the Denton Comprehensive Plan 1999-2020, and
WHEREAS, the Denton C~ty Charter and the Code of the City of Denton, Texas do not
set forth a procedure for the C~ty of Denton for the adoption of comprehensive development
regulatmns to ~mplement a new comprehensive plan, and
WHEREAS, the C~ty has posted and sent notmes of pubhc heanngs on the proposed
comprehensive development regulations, the Denton Development Code, to the owners of
property w~thm the C~ty of Denton according to the tax rolls of the Denton County Apprmsal
D~stnct, and
WHEREAS, dunng the pubhc meetings and pubhc heanngs, the Planmng and Zoning
Commission and the C~ty Cotmcfl have received pubhc comment on the Denton Development
Code, and
WHEREAS, the Planning and Zoning Commission has determined that they will
continue to meet and rewew the Denton Development Code untd April 25, 2001 and after that
t~me, the Planmng and Zomng Commlss~on will submit a report to the C~ty Councd on the
Denton Development Code, and
WHEREAS, a favorable vote of three-fourths of the C~ty Councd is not reqmred to
overrule a recommendation of the Planmng and Zomng Commmslon that the adoption of the
Denton Development Code be demed, and
WHEREAS, a fmlure to recommend or a recommendation of no action by the Planmng
and Zoning Commission on the report of the Denton Development Code to the C~ty Council
shall not const~tnte a demal, and
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WHEREAS, after recelvmg the Planmng and Zoning report on the Denton Development
Code, the Caty Council may make any changes m the Denton Development Code warranted by
law or an the pubhc anterest, and
WHEREAS, pursuant to Texas Local Government Code §211 006(a), the City Council
desires to create a procedure to notify the pubhc of the public heanng prior to the adoption of the
Denton Development Code, and
WHEREAS, by a two-thirds vote of the City Council, as reqmred by Texas Local
Government Code §211 006 (c) the prescnbed notice of the public heanng prior to the adoption
of the Denton Development Code shall be as hereinafter set forth within this ordinance, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS
SECTION 1 The findings euntamed in the preamble of this ordinance are incorporated
herein as if fully set forth within the body of this ordinance
SECTION 2 The Caty Council hereby directs the Planning and Zoning Commission to
continue to meet and review the Denton Development Code until April 25, 2001 and after that
time, but no later than May 2, 2001, a Planning and Zomng Commiss~on report on the Denton
Development Code shall be submitted to the C~ty Councal
SECTION 3 A favorable vote of three-fourths of the City Council is not required to
overrule a recommendation of the Plaunmg and Zomng Commission that the adoption of the
Denton Development Code be demed
SECTION 4 A failure to recommend or a recommendataon of no actaon by the Plaunang
and Zoning Commms~on on the report of the Denton Development Code to the City Council
shall not constitute a denial
SECTION 5 That after receaving the Planning and Zoning report on the Denton
Development Code, the Denton Caty Councd shall conduct a pubhc hearmg pursuant to Texas
Local Government Code §211 006 (a) to consider, make recommendation, and take appropriate
action concernmg the Denton Development Code implementing pohcles contmned within the
Denton Comprehensave Plan 1999-2020
SECTION 6 That the notice of the time and place for the final public heanng shall be
given as follows
a Before the 15th day before the public heanng a notme of the date, tame and place of
the pubhc heanng shall be pubhshed in the Denton Record - Chromcle, the officml
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newspaper an two separate places, the legal notxce section and another location in the
newspaper separate from the legal notice section, and
b Before the 7th day before the pubhc heanng, a not,ce of the date, tame and place of the
pubhe heanng shall be published in the Denton Record -Chromcle an two separate
places, the legal notate section and another locatxon an the newspaper separate from
the legal notate sectaon, and
SECTION 7 That all ordananees or parts of ordinances an force when the provamons of
flus ordanance became effeetave whach are anconslstent, or in conflxct wtth the terms or provaslons
contained m tins orchnance, are hereby repealed to the extent of any such conflict
SECTION 8 That if any seetaon, subsection, paragraph, sentence, clause, phrase, or word
~n thas ordinance, or the applaeation thereof to any person or under any c~remnstanees as held mvalad
by any court of competent junsdlctaon, such holding shall not affect the valadavy of the remaamng
pomons of this or/hnance, and the CaVy Council of the CaVy of Denton, Texas, hereby declares ~t
would have enacted such remtumng pomons despate any such invalidity
SECTION 9 Thas ordinance shall become effectxve immedmtely from and after its
passage and approval
PASSED AND APPROVED this the ~LC// day of ~C~ff7.~ ,2001
EULINE BROCK, MAYOR
ATTEST'
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
BY