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HomeMy WebLinkAboutZ24-0011aORDINANCE NO. 224-001 1a AN ORDrNANCE OF THE CITY OF DENTON, TEXAS, REGARDING A REQUEST TO REZONE APPROXIMATELY 10.51 ACRES OF LAND FROM RESIDENTLAL 6 (R-6) DISTRICT TO PUBLIC FACILITIES (PF) DISTRICT GENERALLY LOCATED ON THE SOUTH SIDE OF MILLS ROAD, APPROXIMATELY 1,900 FEET EAST OF NORTH MAYHILL ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICLAL 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. (224-0011 a) WHEREAS, Anthony Milbitz with Teague, NaII, and Perkins, on behalf of the property owner, Denton Independent School District, requested to rezone approximately 10.51 acres of land from Residential 6 (R-6) District to Public Facilities (PF) District, legally described in Exhibit “A”, and depicted in Exhibit “B” attached hereto and incorporated herein by reference (hereinafter, the “Subject Property”); and WHEREAS, on November 13, 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 [4-0] of the request; and WHEREAS, on December 3, 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 ORDA[NS : 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 Gerard Hudspeth, the ordinance was passed and approved by the following vote [7 - 0] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X X X X X Vicki Byrd, District 1 : Brian Beck, District 2: 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 3rd day of December, 2024. GERARD HUDSPETH, MAYOR Page 2 of 5 ATTEST: LAUREN THODEN, CITY SECRETARY „:#„„„'Ad APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 3 of 5 Exhibit A Legal Description Legal Description 2022-121771 Lot 1 and Lot 2, in Block A, of HAZEL A. ADDITION, an Addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in County Clerk’s Instrument No 2021-142, Plat Records of Denton County, TX Legal Description 2024-95112 Lot 2, Block C of the Subdivision ofMomeau Forrest Survey Abstract Number 417, City of Denton, Denton County, Texas and being all of the called 4.494 acre tract of land described in the deed from Deborah Jean Carroll to George Ray Carroll recorded in Document number 2007- 11690 of the Real Property Records of Denton County, Texas Page 4 of 5 Exhibit B Site Location 224-001 1 r n a• Page 5 of 5