Loading...
HomeMy WebLinkAbout1999-414C N1Y WccmenW.9AQ61mc4W tloo ORDINANCE NO — AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RECONSIDERING CITY COUNCIL VOTE ON ZONING CASE 99-061 PERTAINING TO AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 115 (PD-115) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 230 287 ACRES OF LAND GENERALLY LOCATED NORTH OF WINDSOR ROAD BETWEEN BONNIE BRAE AND WESTGATE, RESCINDING AND REVOKING ORDINANCE NO 99-413 AND ANY AND ALL APPROVALS AND ACTIONS TAKEN BY THE CITY COUNCIL ON NOVEMBER 2, 1999 PERTAINING TO ZONING CASE 99-061, DIRECTING THAT ZONING CASE 99-061 BE REFERRED BACK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER PROCEEDINGS IN ACCORDANCE WITH SECTIONS 211 006 AND 211 007 OF THE LOCAL GOVERNMENT CODE AND CHAPTER 35 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, AND PROVIDING AN EFFECTIVE DATE WHEREAS, on November 2, 1999 Zoning Case 99-061 an amended concept plan for PD-115 was presented to the City Council for public hearing, review and approval as a rezoning of approximately 230 287 acres of land generally located north of Windsor Road between Bonnie Brae and Westgate, and WHEREAS, after the close of the public hearing city staff informed the City Council that by virtue of a new written protest that was just received prior to the meeting (the "New Protest"), owners of more than 20 per cent of the land within 200 feet of the proposed zoning change had protested the zoning case, thus apparently triggering the three -fourths voting requirement contained in Section 211 006 of the Local Government Code, and WHEREAS, the City Council by a vote of 4 to approve and 2 to deny failed to reach a three fourths vote to approve Zoning Case 99-061 thereby leaving the impression that Zoning Case 99-061 had not been approved, and WHEREAS, on November 3, 1999 city staff discovered that the New Protest on its face stated that it was a protest to the detailed plan zoning case for PD-115 which was a separate zoning case on the City Council November 2, 1999 agenda bearing Zoning Case No 99-073, and WHEREAS, because of the confusion as to the effect of the prior vote of the City Council and of the misimpression that may have been given to the public as to the effect of the prior vote, City Council at its work session meeting of November 10, 1999 directed that this matter be set for a special meeting on November 15, 1999 for reconsideration, and WHEREAS, by motion by one or more of the members of the City Council on the prevailing side of the prior vote, a motion to reconsider the prior vote was made and seconded NOW, THEREFORE,THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS C N1yO =Onwz 99-061ncW doc SECTION 1 The vote of the City Council on November 2, 1999 pertaining to Zoning Case No 99-061 is hereby reconsidered and rescinded Such vote will have no force or effect Any and all ordinances, approvals and actions in connection with such vote, including ordinance No 99-413, are rescinded and revoked, thereby having no further force or effect SSECTION 2 It is hereby directed that Zoning Case No 99-061 be referred back to the Planning and Zoning Commission for further proceedings in accordance with Sections 211 006 and 211 007 of the Local Government Code and Chapter 35 of the Code of Ordinances of the City of Denton, including the readvertismg of notices, mailing of written notices and public hearings to consider Zoning Case No 99-061 as if it were a new zoning case No new application fees shall be charged to the applicant SECTION 3 The findings contained in the preamble of this ordinance are incorporated herein as if fully set forth with the body of this ordinance SECTION 4 This ordinance shall become effective immediately upon its passage PASSED AND APPROVED this the 15th day of November, 1999 JACKgjjLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2