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PD21-0003cORDINANCE NO. PD21-0003c AN ORDINANCE OF THE CITY OF DENTON, TEXAS, NUNC PRO TUNC, CORRECTING AN INADVERTANT MISTAKE IN ORDINANCE NO. PD21-OO03b RELATING TO THE CONDITIONS OF APPROVAL; PROVIDING FOR A SAVINGS CLAUSE AND AN EFFECTIVE DATE. (PD2 1-0003c) WHEREAS, on July 20, 2021, the City Council approved Ordinance No. PD2 l-OO03b regarding a change in the zoning district and use classification from Residential 3 (R3) District to a Planned Development (PD) District on approximately 17.805 acres of land generally located 275 feet north of the intersection of N Bonnie Brae Street and Carril AI Lago Drive ; and WHEREAS, City Staff discovered an inadvertent mistake in Section 2 of the signed copy of Ordinance No. PD21-0003b, which resulted in an ordinance that did not accurately reflect what the City Council intended to approve; and WHEREAS, City Staff requests that the inadvertent mistake be revised to correctly reflect the intention of the City Council in Section 2 of Ordinance No. PD21..0003b, as provided in Exhibit A; and WHEREAS, the City Council has the inherent power to retroactively correct such mistakes to accurately reflect its official actions; and WHEREAS, the City Council finds that said corrections are in the best interest of the citizens of the City of Denton and should be adopted as stated herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Section 2 of Ordinance No. PD21..0003b is hereby amended as shown on Exhibit A to include the staff-recommended conditions of approval included in the Agenda Information Sheet and the Staff Presentation at the July 20, 2021 meeting and subsequently incorporated in the motion for approval. SECTION 3. All other provisions of Ordinance No. PD21-0003b not specifically amended or deleted herein shall continue in full force and effect from the date of original passage on July 20, 202 1. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. secondJEJnotioK, IP:"f;:D ordinance was “'ad: th „ii, w,fLt::J ,„d ,pp„:= S by the following vote K - O Aye I J --L-1 J / Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2: Paul Meltzer. District 3 : Joe Holland. District 4 : Brandon Chase McGee, At Large Place 5: Chris Watts, At Large Place 6:/ 2023PASSED AND APPROVED this the JIIL day of ATTEST: JESUS SALAZAR, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK RErNWAND. CITY ATTORNEY Ih%’@ :£l;;\E?o96ronBY: J v 09:45:26-05'oo‘ Exhibit A Amended Section 2 of Ordinance PD21-0003b SECTION 2. The zoning district and use classification for the Property is hereby changed to Planned Development (PD) District. The Development Standards for the Property are described in Exhibit “B” attached hereto and incorporated herein by reference, and the PD Development Plans depicting the proposed development layout for the Property is provided in the Site Plan attached hereto as Exhibit “C” and incorporated herein by reference, the Landscape Plan attached hereto as Exhibit “D” and incorporated herein by reference, and the Building Elevations attached hereto as Exhibit “E” and incorporated herein by reference. Development of the Property shall be in accordance with the Development Standards in Exhibit “B” and the Development Plans in Exhibit “C”, Exhibit “D”, and Exhibit “E”. The zoning district and use classification change is hereby approved, subject to the following conditions : 1.Prior to Final Plat approval for PD21-0003, the developer must submit and receive approval for civil engineering plans for public improvements in accordance with the City’s standards to serve the development plus the following roadway improvements: a. A hooded left-turn lane from northbound Bonnie Brae Street to the driveway of this development The above roadway improvements must be constructed prior to receiving certificates of occupancy for any dwelling units within the development. 2. The hooded left-turn lane may be incorporated as a change order for the Bonnie Brae Street Capital Improvements project, subject to approval by TXDOT. Such change order design must be approved by the city, submitted to TXDOT, and approved by TXDOT. Developer shall be responsible for costs associated with this change order, as well as with the construction of the hooded left-turn lane.