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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 Page 2