Z17-0032cS:\Legal\Our pocuments\Ordinances\18\Nunc Pro Tunc Ordinance Z17-0032 (jd correctian}.docx
ORDINANCE NO. Z 17-0032c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING
AN INA VE TENT MISTAKE O ANCE NO. Z17-0032 , SPECFICALLY ITS
AMEN MENT OF A ZONING FRO NEIG HOO SI ENTIAL 6(N -6}
ZONING DISTRICT AND LAN USE CLASSIFICATION TO A NEIG O 00
SIDENTIAL MIXE USE 12 (N U-12} ZON G ISTRICT AN LAND USE
CLASSIFICATION, WITH A MIXE USE P OTECTION OVE LAY ON
APPROXIMATELY 8.887 AC ES OF LAN , ENE LLY LOCATE ON THE
SOUTHWEST SI E OF COLO DO OULEVAR , APP OX. 315 FEET NORT WEST OF
SAN JAC TO OULEVA IN THE CITY OF DENTON, DENTON CO TY, TEXAS, AS
WELL AS ITS CLUSION OF A CONT ICTORY EFFECTIVE ATE IN SECTION 8;
A OPT G AN AMENDMENT TO T E CITY'S OFFICIAL ZON G MAP; P OVI ING
FOR A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on May l, 2018, by Ordinance No. Z17-0032b, the City Council approved a
rezoning from a Neighborhood Residential6 (NR-6) zoning district and land use classification to
a Neighborhood Residential Mixed Use 12 (NRMU- 12) zoning district and land use classification,
with a mixed use protection overlay on 8.887 acres of land generally located on the southwest side
of Colorado Boulevard, approx. 315 feet northwest of San Jacinto Boulevard; and
WHEREAS, due to an inadvertent clerical mistake, the Mixed Use Overlay adopted by
Ordinance No. Z17-0032b is not the correct and final version of the overlay as presented and
approved by the City Council; and
WHEREAS, an inadvertent clerical mistake also allowed for inclusion of Section 8, calling
for an immediate effective date, which directly and incorrectly contradicted the Section 7 effective
date prescribed by Section 2.09(c) of Denton's Charter; and
WHEREAS, the City Council has the inherent power to retroactively correct such mistakes
to reflect the truth of what was actually approved by the City when approving the ordinance; and
WHEREAS, the City Council finds that the action taken herein is in the public interest;
NOW, THEREFORE
THE CO CIL OF THE CITY OF DENTON HE E Y OR AINS:
SECTION 1. The findings and recitations cantained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. Ordinance No. Z17-dd32b is hereby amended, to the limited extent
necessary, to correct twa inadvertent clerical mistakes, by: (1} deleing Section 8 therein in its
entirety; and (2} revising 5ection 2 therein to instead read as follows:
SECTION 2
. The zoning district and use classification for fhe Property is
hereby changed from a Neighborhood Residential 6 zoning district and use
classification to a Neighborhood Residentia/ Mixed-Use 12 (NRMU-12) zoning
district and use classification, with the following overlay conditions.
1. There shall be no uses permitted other than single family attached
dwelling units, including townhouses, or single family detached dwelling
units.
2. The overall density shall not exceed ten dwelling units per acre.
3. Buildings which are contiguous to the residential neighborhoods shall
have a maximum heighf of two stories.
4. Insfallation of an eight foot tall fence along adjacent properties.
SECTION 3. All other provisions of Ordinance No. Z17-0032b not specifically amended
or deleted herein (specifically, section 1 and sections 3-7) shall continue in force and effect from
the date of original passage on May 1, 2018; however, the provisions amended by Section 2 of this
ordinance shall govern and control over sections 2 and 8 of Ordinance No. Z17-0032b.
SECTION 4. Effective Date. The clerical changes made by Section 2 of this ordinance shall
become effective immediately upon passage and approval; however, consistent with Section 2.09(c)
of the Denton Charter, there shall be no penal enforcement of the four amended overlay restrictions
until fourteen (14) days from the date of passage and approval of this amendatory ordinance;
further, the City Secretary is hereby directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas,
within ten (10) days of the date of its passage.,
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Aye Nay Abstain
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
Absent
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_. . ... .� day of � "����� 2018.
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PASSED AND APPROVED this the ���,��� mmm � ...... .. ........��.—�
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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