1999-414AN 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 230287 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 Zomng Case 99-061 an amended concept plan for
PD-115 was presented to the C~ty Council for pubhc hearing, review and approval as a rezomng
of approximately 230 287 acres of land generally located north of Windsor Road between
Bonme Brae and Westgate, and
WHEREAS, aRer the close of the public heanng city staff reformed the City Cotmcfl that
by wrtue of a new wratten protest that was just received prior to the meeting (the "New Protest"),
owners of more than 20 per cent of the land w~thm 200 feet of the proposed zomng change had
protested the zoning case, thus apparently tnggenng the three-fourths voting requirement
contmned m Seetmn 211 006 of the Local Government Code, and
WHEREAS, the Oty Council by a vote of 4 to approve and 2 to deny fmled to reach a
three fourths vote to approve Zomng Case 99-061 thereby leavmg the impression that Zoning
Case 99-061 had not been approved, and
WHEREAS, on November 3, 1999 mty staff d~scovered that the New Protest on ~ts face
stated that ~t was a protest to the detailed plan zoning case for PD-115 whmh was a separate
zomng case on the Oty Council November 2, 1999 agenda beanng Zoning Case No 99-073, and
WHEREAS, because of the confusion as to the effect of the prior vote of the C~ty
Council and of the mlslmpresslon that may have been g~ven to the pubhc as to the effect of the
prior vote, City Cotmcfl at its work session meeting of November 10, 1999 d~rected 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 C~ty Council on the
prevalhng 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
SECTION 1 The vote of the C~ty Council on November 2, 1999 pertalmng to Zomng
Case No 99-061 as hereby reconsidered and rescinded Such vote will have no force or effect
Any and all ordmances, approvals and aeUons m connection with such vote, ~ncludmg ordinance
No 99-413, are rescinded and revoked, thereby having no further force or effect
SECTION 2 It ~s hereby directed that Zomng Case No 99-061 be referred back to the
Plarmzng and Zomng Commission for further proceedzngs ~n accordance wath Sectzons 211 006
and 211 007 of the Local Government Code and Chapter 35 of the Code of Ordmances of the
Czty of Denton, lncludzng the readvert~slng of notices, mmhng of written notices and pubhc
heanngs to consider Zoning Case No 99-061 as if It were a new zonmg case No new
apphcatlon fees shall be charged to the applicant
SECTION 3 The findmgs contmned in the preamble of thru ordmance are mcorporated
herein as zf fully set forth with the body of this ordznance
SECTION 4 Thru ordinance shall become effective ~mmedlately upon ~ts passage
PASSED AND APPROVED th~s the 15th day of November, 1999
JACK I~]~LER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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