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.