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Home My WebLink AboutCA24-0001aORDINANCE NO. CA24-0001 a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARD[NG A COMPREHENSIVE PLAN AMENDMENT ON APPROXIMATELY 92.382 ACRES FROM RURAL AREAS FUTURE LAND USE DESIGNATION TO COMMUNITY MIXED USE AND MODERATE RESIDENTIAL FUTURE LAND USE DESIGNATION. THE PROPERTY IS GENERALLY LOCATED NORTH OF JOHNSON LANE, SOUTH OF ALLRED ROAD AND APPROXIMATLEY 2,325 FEET EAST OF JOHN PAINE ROAD; ADOPTING AN AMENDMENT TO THE CITY’S OFFICAL FUTURE LAND USE MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (CA24-000 la) WHEREAS, Dentex Land, Cattle and Energy, LP, has applied for a comprehensive plan amendment on approximately 92.382 acres of land from Rural Areas Future Land Use Designation to Community Mixed Use, legally described in Exhibit “A“ and Moderate Residential, legally described in Exhibit “B” Future Land Use Designation, attached hereto and depicted as Exhibit “C” and incorporated herein by reference (hereinafter, the “Property”); and WHEREAS, on July 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 (3-2) of the amendment; and WHEREAS, on August 20, 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 2.7.1 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 a change in the Future Land Use designation of the property, have determined that the proposed change 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 Future Land Use Map 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 Future Land Use designation for the Property is hereby changed from Rural Area to Community Mixed Use and Moderate Residential. SECTION 3. The City’s Denton 2040 Comprehensive Plan is hereby amended to show the change in the Future Land Use Map designation. 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. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. 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. ThQ motion to approve this ordinance Jbe \4ullb- J and seconded by J++l J,>k/ ordinance was passed and approved by the following vote M - L] : was made by , the Aye Nay Abstain Absent Mayor Gerard Hudspeth:/ 1/Vicki Byrd, District 1 : Brian Beck, District 2 :1/ Paul Meltzer, District 3 :,/ Joe Holland. District 4:P/ .'/ Brandon Chase McGee, At Large Place 5 :a Jill Jester, At Large Place 6: PASSED AND APPROVED this the Zot- day of UCL.>+2024 GERARD HUDSPETH, MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY APPROVED AS TO LEGAL FORM: MACK REINWAND. CITY ATTORNEY Exhibit A Legal Description BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-4923 1 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found in an asphalt road, known as Allred Road, an apparent public road, no record found, for the northerly, northeast corner of said 92.382-acre tract and the northwest corner of a called 34.973-acre tract of land, described in a deed to Angela Dominguez and Michael Barber, as recorded in Volume 4357, Page 0240 of the Official Records of Denton County, Texas; THENCE South 00'’14’29" East, departing said Allred Road, along an easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, a distance of 1,222.30 feet to a point for corner; THENCE South 89'’34’11 " West, departing the easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, crossing said 92.382-acre tract, a distance of 992.59 feet to a point for corner on the westerly line of said 92.382-acre tract; THENCE North 00'’25'49" West, along the westerly line of said 92.382-acre tract a distance of 1 ,225.61 feet to the northwest comer of said 92.382-acre tract, ad being in aforesaid Allred Road; THENCE North 89'’45’38" East, along the northerly line of said 92.382-acre tract and generally along said Allred Road. a distance of 996.63 feet to the POINT OF BEGINNING and containing 27.95 acres of land, more or less Exhibit B Legal Description BEING a tract of land situated in the Buffalo Bayou, Brazos and Colorado Railroad Company Survey, Abstract No. 159, Denton County, Texas, and being a portion of a called 92.382-acre tract of land, described in a Warranty Deed to Dentex Land, Cattle and Energy, LP, as recorded in Instrument No. 2005-4923 1 of the Official Records of Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found in an asphalt road, known as Allred Road, an apparent public road, no record found, for the northerly, northeast corner of said 92.382-acre tract and the northwest corner of a called 34.973-acre tract of land, described in a deed to Angela Dominguez and Michael Barber, as recorded in Volume 4357, Page 0240 of the Official Records of Denton County, Texas; THENCE South 00'’14’29" East, departing said Allred Road, along an easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, a distance of 1,222.30 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 00'’ 14’29" East, continuing along an easterly line of said 92.382-acre tract and the westerly line of said 34.973-acre tract, a distance of 1 25.00 feet to a point for corner; THENCE South 89'’39’36" East, along a northerly line of said 92.382-acre tract and the southerly line of said 34.973-acre tract, a distance of 1 ,124.28 feet to a 3-inch metal fence corner post found for the southeast corner of said 34.973-acre tract and the easterly, northeast corner of said 92.382-acre tract, same being the southwest corner of a called 3.002-acre tract of land described in a deed to Angela Dominguez and Michael Barber, as recorded in Instrument No. 2020- 155538 of the Official Records of Denton County, Texas, same also being the northwest corner of Lot 1, Block X of Sagebrook Phase 1, an addition to the City of Denton, according to the plat, recorded in Document No. 2021-429 of the Plat Records of Denton County, Texas; THENCE South 00'’14’21 " East, along the easterly line of said 92.382-acre tract and the westerly line of said Lot 1, Block X, a distance of 597.84 feet to a 6-inch metal fence corner post found for the southwest corner of said Lot 1, same being on the northerly line of a called 13.64-acre tract of land described in a deed to Angela Dominguez and Michael Barber, as recorded in Instrument No. 2003-208519 of the Official Records of Denton County, Texas; THENCE South 88'’46’23" West, continuing along the easterly line of said 92.382-acre tract and along the northerly line of said 13.64-acre tract, a distance of 17.93 feet to the northwest corner of said 13.64-acre tract; THENCE South 00'’02'52" East, continuing along the easterly line of said 92.382-acre tract and along the westerly line of said 13.64-acre tract, a distance of 694.79 feet to the southeast comer of said 92.382-acre tract and the southwest corner of said 13.64-acre tract, same being in Johnson Lane, an apparent public road, no record found; THENCE North 89'’55’16" West, along the southerly line of said 92.382-acre tract and generally along said Johnson Lane, a distance of 2,091.88 feet to the southwest corner of said 92.382-acre tract; THENCE North 00c>25’49" West, departing said Johnson Lane and along the westerly line of said 92.382- acre tract, a distance of 1,414.39 feet to a point for corner; THENCE North 89'’34’ 11 " East, departing the westerly line of said 92.382-acre tract, crossing said 92.382- acre tract, a distance of 992.59 feet to the POINT OF BEGINNING and containing 65.39 acres of land, more or less. Exhibit C Future Land Use Map ,M4R4c \.bd£rate Res€1arSal n Nbster Planned CunmurlW = Downtown Ckraan m aDVniakn CompabUitf Area = Reg8?nd k+ned Use Communtr tArred Use : He#Tb{xhaod hiRed Use BZ Nepnexhaad [ UnkemV Compahbnrty Area Q:nUan = CartnweuHI U Ir,dustrhal CamrfnFce n Gorerrvnenl I hstRubonalW PadulOp€n3pme M Business Center TJ’FirEDIIi I)ewlef:neat SehIres 3n Ttl bit :+