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Home My WebLink AboutZ24-0012aORDINANCE NO. 224-0012a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RURAL RESIDENTIAL (RR) DISTRICT AND RESIDENTIAL 2 (R2) DISTRICT TO SUBURBAN CORRIDOR (SC) DISTRICT ON APPROXIMATELY 0.684 ACRES OF LAND GENERALLY LOCATED WEST OF TEASLEY LANE. APPROXIMATELY 170 FEET NORTH OF LEATHERWOOD LANE; 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 (224-0012a) WHEREAS, Erin and Jeffrey Huebner, property owner, requested to rezone approximately 0.684 acres of land from Rural Residential (RR) District and Residential 2 (R2) to Suburban Corridor (SC) District, legally described in Exhibit “A“ attached hereto and depicted as Exhibit “B” and incorporated herein by reference (hereinafter, the “Property”); and WHEREAS, on December 1 1, 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 (4-1) of the request; and WHEREAS, on December 17, 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 Suburban Corridor 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 Gerard Hudspeth and seconded by Joe Holland, the ordinance was passed and approved by the following vote [ 4 - 2 - 1 ] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:X XVicki Byrd, District 1 : Brian Beck, District 2:X XPaul Meltzer, District 3 : Joe Holland, District 4 :X X Brandon Chase McGee, At Large Place 5 :X Jill Jester, At Large Place 6: PASSED AND APPROVED this the 17th day of December, 2024. Z£#/ GERARD HUDSPETH, MAYOR Page 2 of 5 ATTEST: LAUREN THODEN, CITY SECRETARY L \ \ \) \ 1 h : 11 / B Y : dM//1a n J&b (C&J av APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 3 of 5 Exhibit A Legal Description BEING a 0.684 acre tract of land situated in the J.S. Dickson Survey, Abstract Number 342, Denton County, Texas, and being a portion of that certain tract of land described by deed to Stephen W. Eckart, recorded under County Clerk’s File Number 94-R0037049, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2-inch iron rod found for corner being the northwest corner of the herein described tract, same point being the northwest comer of said Eckart tract, and being the northeast corner of a tract of land described by deed to David D. Kurus and wife, Lorrie L. Kurus, recorded under Instrument number 2016-116448, Official Public Records, Denton County, Texas (O.P.R.D.C. T.), same point being in the south line of Lot 3, Block A, Hickory Creek Ranch Apartments, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded under Document Number 1016-2034, Plat Records, Denton County, Texas; THENCE North 84 degrees 26 minutes 3 1 seconds East, passing at 1 1.85 feet a 1/2 inch iron rod with red cap stamped “KAZ” found for the most easterly southeast corner of said Lot 3, and continuing on for a total distance of 1 97.09 feet to a 5/8 inch iron rod with aluminum cap stamped “TxDOT” found for corner being the southeast corner of Lot 2, Block A of said Hickory Creek Ranch Apartments addition, same point being the northwest corner of a tract of land described by deed to the State of Texas, recorded under Document Number 2010-58637, O.P.R.D.C.T., and being in the west right-of-way line of Teasley Lane, same point being the beginning of a non-tangent curve to the left, having a radius of 2924.79 feet; THENCE over and across said Eckart tract, with the west right-of-way line of said Teasley Lane, and with said curve to the left, through a central angle of 02 degrees 59 minutes 10 seconds, whose chord bears South 02 degrees 40 minutes 47 seconds East at 152.43 feet, an arc length of 152.43 feet to a 5/8 inch iron rod with aluminum cap stamped “TxDOT” found for corner being the southwest corner of said State of Texas tract, same point being the northwest corner of a tract of land described by deed to the State of Texas, recorded under Document Number 2011-45264, O.P.R.D.C. T., and being in the north line of a tract of land described by deed to David D. Kurus and wife, Lorrie L. Kurus, recorded under Instrument Number 2010- 6303, 0.P.R.D.C.T.; THENCE South 86 degrees 34 minutes 42 seconds West, with the north line of said Kurus tract (Instr. No. 2010-6303), a distance of 205.17 feet to a fence post for corner being the northwest corner thereof, same point being in the east line of said Kurus tract (Instr. No. 2016- 116448); THENCE North 00 degrees 35 minutes 53 seconds East, with the east line of said Kurus tract (Instr. No. 2016-116448), a distance of 145.41 feet to the POINT OF BEGINNING and containing 0.648 acres of land, more or less. Page 4 of 5 Exhibit B Site Location 224-0012 Page 5 of 5