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HomeMy WebLinkAboutZ25-0001aORDINANCE NO. 225-0001 a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CFLANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 3 (R3) DISTRICT TO RESIDENTIAL 6 (R6) DISTRICT ON APPROXIMATELY 8.47 ACRES OF LAND GENERALLY LOCATED NORTH OF MINGO ROAD, APPROXIMATELY 230 FEET WEST OF NOTTINGHAM DRIVE, 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 (225-0001 a) WHEREAS, Hayden Houston of Ajle Development, on behalf of the property owner, Nancy Sorrells, requested to rezone approximately 8.47 acres of land from Residential 3 (R3) District to Residential 6 (R6) 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 February 26, 2025, 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 March 25, 2025, 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 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 [ 5 - 1 ] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X Vicki Byrd, District 1 :X Brian Beck, District 2: Paul Meltzer, District 3 :X Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Jill Jester, At Large Place 6: PASSED AND APPROVED this the 25th day ofIVlarch, 2025 . rb /7 G,ISP m4 Page 2 of 6 ATTEST: LAUREN THODEN, CITY SECRETARY BY: ( XkM/@/+ APPROVED AS TO LEGAL FORM: MACK RE[NWAND, CITY ATTORNEY V%'"-BY: U Page 3 of 6 Exhibit A Legal Description A TRACT OR PARCEL CONTAINING 8.474 ACRES OR 369, 123 SQUARE FEET OF LAND SITUATED IN THE J.D LILLY SURVEY, ABSTRACT NO. 762, CITY OF DENTON, DENTON COUNTY, TEXAS, BEING ALL OF LOTS 8 THROUGH 19, AND A PORTION OF LOTS 7, 20 AND 21, BLOCK 5, AND A PORTION OF BLOCK 5 AND BLOCK 6, SEQuoIA PARK SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN VOLUME (VOL.) 2, PAGE (PG.) 104 OF THE PLAT RECORDS DENTON COUNTY, TEXAS (P.R.D.C. T.), SAME BEING ALL OF THAT TRACT OF LAND DESCRIBED TO RANDY SORRELLS AND NANCY SORRELLS IN DEED RECORDED IN DOCUMENT NO. 2016-8080, OFFICIAL RECORDS DENTON COUNTY, TEXAS (0.R.D.C.T.), ALL OF THAT TRACT OF LAND DESCRIBED TO RANDY SORRELLS AND NANCY SORRELLS IN DEED RECORDED IN VOL. 4565, PG. 1656 OF THE DEED RECORDS DENTON COUNTY, TEXAS (D.R.D.C.T.) BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, WITH ALL BEAR[NGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, 0.999849393 NOTH CENTRAL ZONE (NAD 83): BEGINNING AT A 1/2-INCH IRON ROD FOUND ON THE NORTHWEST RIGHT-OF-WAY (ROW) LINE OF MINGO ROAD (CALLED VARIABLE WIDTH ROW), FOR THE SOUTHEAST CORNER OF SAID LOT 12; THENCE, SOUTH 68 DEG. 36 MIN. 23 SEC. WEST, WITH THE NORTHWEST ROW LINE OF SAID LOT 12. A DISTANCE OF 793.61 FEET TO A 1/2-INCH IRON ROD CAPPED "4153" FOUND FOR THE EAST CORNER OF LOT 1-R, BLOCK 5, SEQUOIA PARK SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET (CAB.) B, PG. 389, P.R.D.C.T.; THENCE, NORTH 21 DEG. 23 MIN. 37 SEC. WEST, WITH THE NORTHEAST LINE OF SAID SECOND-REFERENCED BLOCK 5, PASSING AT A DISTANCE OF 140.00 FEET TO A 1/2-[NCH IRON ROD CAPPED "4153" FOUND FOR THE SOUTHEAST CORNER OF LOT 3-R AND THE NORTH CORNER OF LOT 2-R, OF SAID SECOND-REFERENCED BLOCK 5, AND CONTINUING FOR A TOTAL DISTANCE OF 144.80 FEET TO A POINT FOR CORNER IN THE EAST LINE OF SAID LOT 3-R; THENCE, NORTH 00 DEG. 21 MrN. 33 SEC. EAST, WITH THE EAST LINE OF SAID SECOND-REFERENCED BLOCK 5, A DISTANCE OF 493.60 FEET TO A 1/2-INCH IRON ROD CAPPED "WINDROSE" SET (TYP.) FOR THE NORTHEAST CORNER OF LOT 10-R OF SAID SECOND-REFERENCE BLOCK 5; THENCE NORTH 89 DEG. 38 MIN. 27 SEC. WEST, WITH THE NORTH LINE OF SAID LOT 10-R. A DISTANCE OF 120.00 FEET TO A 1/2-INCH IRON ROD SET FOR THE NORTHWEST CORNER OF SAID LOT 10-R, BEING IN THE EAST ROW LINE OF SHAWNEE STREET (CALLED 60-FOOT WIDE ROW); Page 4 of 6 THENCE NORTH 00 DEG. 21 MIN. 33 SEC. EAST, WITH THE EAST ROW LINE OF SAID SHAWNEE STREET, A DISTANCE OF 30.74 FEET TO THE NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT AND BEING THE SOUTHWEST CORNER OF LOT 25 OF SAID FIRST-REFERENCE BLOCK 5 ; THENCE, SOUTH 89 DEG. 34 MIN. 19 SEC. EAST, WITH THE SOUTH LINE OF SAID FIRST-REFERENCED BLOCK 5, A DISTANCE OF 220.26 FEET TO A 1/2-INCH IRON ROD SET AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE, SOUTHEASTERLY, WITH THE CURVING SOUTH LINE OF SAID LOT 28, ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 337.85 FEET. A CENTRAL ANGLE OF 08 DEG. 16 MIN. 18 SEC., AN ARC LENGTH OF 48.77 FEET. AND A CHORD BEARING AND DISTANCE OF SOUTH 86 DEG. 36 MIN. 44 SEC. EAST, - 48.73 FEET TO A 1/2- INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID LOT 28 AND THE SOUTHWEST CORNER OF LOT 29-R, BLOCK 5, SEQUOIA PARK SUBDIVISION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS ACCORDING TO THE PLAT RECORDED IN CAB. B, PG. 232, P.R.D.C.T.; THENCE, SOUTH 75 DEG. 20 MIN. 09 SEC. EAST, WITH THE SOUTHWEST LINE OF SAID THIRD-REFERENCED BLOCK 5, A DISTANCE OF 83.72 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT; THENCE OVER AND ACROSS SAID SORRELLS TRACT THE FOLLOWING CALLS AND DISTANCES : SOUTHEASTERLY, WITH SAID NON-TANGENT CURVE TO THE RIGHT, RAVING A RADIUS OF 327.85 FEET, A CENTRAL ANGLE OF 18 DEG. 43 Mm. 38 SEC., AN ARC LENGTH OF 107.16 FEET, AND A CHORD BEARING AND DISTANCE OF SOUTH 57 DEG. 13 MIN. 26 SEC. EAST – 106.68 FEET, TO A POINT FOR CORNER; SOUTH 47 DEG. 52 MIN. 20 SEC. EAST, A DISTANCE OF 101.01 FEET TO A POINT FOR CORNER; NORTH 64 DEG. 57 MIN. 23 SEC. EAST. A DISTANCE OF 235.89 FEET TO A POINT FOR CORNER; NORTH 89 DEG. 57 MIN. 24 SEC. EAST, A DISTANCE OF 180.83 FEET TO A POINT FOR CORNER BEING THE NORTHEAST CONRER OF THE HEREIN DESCRIBED TRACT AND BEING IN THE WEST LINE OF LOT 4R, BLOCK A OF DENTON BIBLE CHURCH ADDITION, AS RECORDED UNDER DOCUMENT NO. 2014-280, P.R.D.C. T.; THENCE, SOUTH 00 DEG. 19 MIN. 21 SEC. WEST, WITH THE WEST LINE OF SAID LOT 4R AND THE EAST LINE OF SAID FIRST-REFERENCED BLOCK 5, A DISTANCE OF 319.18 FEET TO THE POINT OF BEGINNING AND CONTAINING WITHIN THE METES AND BOUNDS HERE rN RECITED 8.474 ACRES OR 369,123 SQUARE FEET OF LAND, MORE OR LESS. Page 5 of 6 Exhibit B Subject Property Map DENTON GIS He Iq Aa Page 6 of 6 ORDINANCE NO. 25-512 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NORTHSTAR ENERGY SOLUTIONS, LLC, FOR SUBSTATION CONSTRUCTION SERVICES FOR DENTON MUNICIPAL ELECTRIC; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (CSP 8574 – AWARDED TO NORTHSTAR ENERGY SOLUTIONS, LLC, IN THE NOT-TO-EXCEED AMOUNT OF $22,090,000.00). WHEREAS, the City has solicited, received, and evaluated competitive proposals for substation construction services for Denton Municipal Electric; and WHEREAS, the City Manager, or a designated employee, has received, reviewed, and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the competitive sealed proposals; and WHEREAS, this procurement was undertaken as part of the City’s governmental function; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies, or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS: SECTION 1. The items in the following numbered competitive sealed proposal for materials, equipment, supplies, or services shown in the “Competitive Sealed Proposals” on file in the office of the Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the competitive sealed proposal. CSP NUMBER CONTRACTOR AMOUNT 8574 Northstar Energy Solutions, LLC $22,090,000.00 SECTION 2. That by the acceptance and approval of the above numbered items of the submitted proposals, the City accepts the offer of the persons submitting the proposals for such items and agrees to purchase the materials, equipment, supplies, or services in accordance with the terms, specifications, standards, quantities, and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3 . That should the City and person submitting approved and accepted items wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager, or their designated representative, is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities, and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or their designee. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by Brian Beck and seconded by Brandon Chase McGee. This ordinance was passed and approved by the following vote [ 6 - 0 ] : Aye Nay Abstain Absent Mayor Gerard Hudspeth:X X X X X Vicki Byrd, District 1 :X 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 25th day of March, 2025 . GERARD HUDSPETH. MAYOR ATTEST: LAUREN THODEN, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY BY: )y£a£Qc©lcatt&