HomeMy WebLinkAboutZ24-0003aORDINANCE NO. 224-0003a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM SUBURBAN CORRIDOR (SC)
DISTRICT TO RESIDENTIAL 6 (R6) DISTRICT ON APPROXIMATELY 1.52 ACRES OF
LAND GENERALLY LOCATED 266.11 FEET EAST OF COUNTRY CLUB ROAD AND
LOCATED NORTH OF HOBSON LANE IN THE CITY OF DENTON, DENTON COUNTY.
TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROViDrNG A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (224-0003a)
WHEREAS, Vandesmith Developers, LTD., property owner, requested to rezone
approximately 1.52 acres of land from Suburban Corridor (SC) District to Residential 6 (R6)
District, legally described in Exhibit “A”, attached hereto and incorporated herein by reference
(hereinafter, the “Property”); and
WHEREAS, on April 24, 2024, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, have given the requisite notices by publication and otherwise, and
have held due hearings and afforded full and fair hearings to all property owners interested in this
regard, and have recommended approval (5-0) of the request; and
WHEREAS, on May 21, 2024, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and procedural
standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the
Denton 2040 Comprehensive Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for establishing a zoning district change for the Property,
have determined that the proposed use is in the best interest of the health, safety, morals, and
general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is
of the opinion and finds that said zoning change is in the public interest and should be granted as
set forth 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. The zoning district and use classification for the Property is hereby changed
to Residential 6 (R6) District.
SECTION 3. The City’s official zoning map is hereby amended to show the established
zoning district and use classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person, firm, partnership, or corporation violating any provision of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and 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.
The mojion to approve .this ordinance was made by Br '.,, Jo,., cub 3, M, Ccc and
seconded by Joe dJ II,'. J , the ordinance was passed and approved by
the following vote n - IL] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:,/
L/
'/
P/
Z
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 1\s t day of PIAy , 2024.
GERARD H
Page 2 of 4
ATTEST:
LAUREN THODEN, CITY SECRETARY
daUMn.Abe(I'-‘
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
1B11H 11)(r : +
Page 3 of 4
Exhibit A
Legal Description
BEING a tract of land situated in the William Daniel Survey, Abstract No. 378, City of Denton,
Denton County, Texas, and being part of a called 27.32 acre tract of land described in the Special
warranty Deed to RCH Development, LLC recorded in Document No. 2017-54442, Official
Records of Denton County, Texas, and a portion of Hobson Lane (a variable width right-of-way)
and being more particularly described as follows:
BEGINNING at the northernmost northwest corner of said 27.32 acre tract and at the northeast
corner of a called 1.0025 acre tact of land described in the Special Warranty Deed to RCH
Development, LLC recorded in Document No. 2017-56075, Official Records of Denton County,
Texas, at the southeast corner of a called 1.736 acre tract of land described in the Special
Warranty Deed to CST Stations Texas LLC, recorded in Document No. 2017-54513, Official
Records of Denton County, Texas, and at the southwest corner of a called 9.58 acre tract of land
described in the Special Warranty Deed to Vandesmith Partners Ltd., recorded in Document No.
2017-54443, Official Records of Denton County, Texas;
THENCE South 89'39'44" East, with the south line of said 9.58 acre tract, a distance of 68.52
feet to a point for corner;
THENCE South 00'10'30" East, over and across said 27.32 acre tract, and Hobson Lane (a
variable width right-of-way), a distance of 484.29 feet to a point for corner in Hobson Lane;
THENCE South 89'13'36" West, along Hobson Lane, a distance of 1 56.10 feet to a point for
corner ;
THENCE North 01'00’54" West, over and across said Hobson Lane and said 27.32 acre tract, a
distance of 298.05 feet to a point for corner;
THENCE North 04'50’20" East, continuing over and across said 27.32 acre tract and along the
east line of said 1.0025 acre tract, a distance of 25.38 feet to a point for corner;
THENCE continuing along said east line of the 1.0025 acre tract, the following courses and
distances :
North 44'33’55" East, a distance of 127.57 feet to a point for corner;
North 00' 13’47" West, a distance of 72.62 feet to the POINT OF BEGINNING and
containing 66,295 square feet or a gross 1.5219 acres of land with 0.1882 acres within
public right-of-way resulting in a net area of 1 .3397 acres.
4884-8778-6168, v. 1
Page 4 of 4