HomeMy WebLinkAboutZ24-0014aORDINANCE NO. 224-0014a
AN ORD[NANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM RURAL RESIDENTIAL (RR)
DISTRICT TO PUBLIC FACILITIES (PF) DISTRICT ON APPROXIMATELY 40.00 ACRES
OF LAND GENERALLY LOCATED 3,075 FEET SOUTH OF JIM CHRISTAL ROAD, AND
APPROXIMATELY 850 FEET WEST OF TOM COLE ROAD, 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; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (224-00 14a)
WHEREAS, City of Denton has submitted a request to rezone approximately 40.00 acres
of land from Rural Residential (RR) to Public Facilities (PF) District, legally described in Exhibit
“A”, attached hereto and depicted as Exhibit “B” and incorporated herein by reference (hereinafter,
the “Property“); and
WHEREAS, on October 23, 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 November 19, 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 the requested zoning district 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 Public Facilities (PF) 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 motion to approve this ordinance was made by Jill Jester and seconded by Brian
Beck, the ordinance was passed and approved by the following vote [7 - 0] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:X
XVicki Byrd, District 1 :
Brian Beck, District 2 :X
Paul Meltzer. District 3 :X
X
X
Joe Holland. District 4:
Brandon Chase McGee, At Large Place 5:
Jill Jester, At Large Place 6:X
PASSED AND APPROVED this the I <:) tb d,y ,f N)outnb4r . 2024
GERARD HUDSPETH, MAYOR
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Page 2 of 4
Exhibit A
Legal Description
FIELD NOTES to all that certain tract of land situated in the M. Davis Survey Abstract Number
377, the E. A. Mays Survey Abstract Number 844 and the W. Wilborn Survey Abstract Number
14 19 in the City of Denton, Denton County, Texas and being a part of the called 116. 154 acre
tract described in the deed from Nucor Corporation to Mark Hicks Investments, LLC recorded in
Document Number 2021-8595 of the Real Property Records of Denton County, Texas; the
subject tract being more particularly described as follows:
BEGINNING for the Northwest corner the tract being described herein at a 1/2 inch iron rod
found at the Northwest corner of the said 1 16.154 acre tract and the Southwest corner of the
called 349.644 acre tract described in the deed to the City of Denton recorded in Document
Number 2016-143882 of the said Real Property Records:
THENCE South 89 Degrees 08 Minutes 22 Seconds East generally North of a wire fence with
the South line of the said 349.644 acre tract a distance of 1,825.11 feet to a 1/2 inch iron rod with
a plastic cap stamped "TNP" found for the Northeast corner of the herein describe tract;
THENCE South 00 Degrees 51 Minutes 54 Seconds West across the 116.154 acre tract a
distance of 836.00 feet to a 1/2 inch iron rod with a plastic cap stamped "TNP" found for the
Southeast corner of the herein described tract:
THENCE South 88 Degrees 58 Minutes 24 Seconds West continuing across the 116.154 acre
tract passing at a distance of 1,953.5 feet a 1/2 inch iron rod with a plastic cap stamped ’'TNP"
found for reference and continuing along the same course, in all, a total distance of 2,037.70 feet
to an angle point in the West line of the 116.154 acre tract in Hickory Creek:
THENCE North 55 Degrees 36 Minutes 45 Seconds West along Hickory Creek with the West
line of the 1 16.154 acre tract a distance of 273.45 feet;
THENCE North 3 1 Degrees 14 Minutes 46 Seconds West continuing along Hickory Creek with
the West line of the 1 16.154 acre tract a distance of 256.85 feet to the Westerly Northwest corner
thereof from which a fence corner post bears North 76 Degrees 41 Minutes 33 Seconds East a
distance of 47.9 feet;
THENCE North 89 Degrees 35 Minutes 03 Seconds East departing Hickory Creek with the
North line of the 1 16.154 acre tract partially along a wire fence a distance of 579.48 feet to a 1/2
inch iron rod found at a reentrant corner thereof;
THENCE North 00 Degrees 29 Minutes 43 Seconds East generally along a wire fence continuing
with the North line of the 1 16.154 acre tract a distance of 521.60 feet to the PLACE OF
BEGINNING and enclosing 40.000 acres of land.
Page 3 of 4
Exhibit B
Site Location Map
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