Loading...
Z19-0013cS:\Legal\Our Documents\Ordinances\20\Zl9-0013 Rezoning Ordinance Cambridge Brook.Docx ORDINANCE NO. Z19-0013c AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM PLANNED DEVELOPMENT (PD) DISTRICT TO RESIDENTIAL 6 (R6) DISTRICT ON APPROXIMATELY 59.24 ACRES OF LAND GENERALLY LOCATED WEST OF SOUTH BONNIE BRAE STREET, APPROXIMATELY 1,604 FEET SOUTH OF THE INTERSECTION OF SOUTH BONNIE BRAE STREET AND KILLDEER TRAIL, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL 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. (Z19-0013) WHEREAS, Jerry Sylo, representing Denton CJW Partners LTD ., has applied for a zoning change on approximately 59.24 acres ofland legally described in Exhibit "A," attached hereto and incorporated herein by reference (hereinafter, the "Property") from a Planned Development District zoning district and use classification to a Residential 6 (R6) District zoning district and use classification; and WHEREAS, on February 5, 2020, 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 [ 6-0] of the amendment; and WHEREAS, on March 3, 2020, 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 Plan 2030 and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare ofthe City ofDenton, and accordingly, the City Council ofthe City ofDenton 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 from PD District to R6 District. SECTION 3. The City's o fficial zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4 . If any provision ofthis 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) ofthe 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 ofDenton, Texas, within ten (10) days ofthe date of its passage . The motion t~prove this ordinance was made by ~M4D H U[)SPffli and seconded by tS.£/!2-Y 6tUGrf:t6 , the ordinance was passed and approved by the following vote l4L_-_QJ : Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2 : Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6 : PASSED AND APPROVED this the Jd , 2 020. CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CI TY SECRETARY Page 2 of3 APPROVED AS TO LEGAL FORM : AARON LEAL, CITY ATTORNEY Page 3 of3 Exhibit A Legal Description STATE OF TEXAS COUNTY OF DENTON Being a parcel of land located in Denton County, Texas, a part of the James Edmonson Survey, Abstract Number 401, and being a part of the remainder of Parcel l (called 397.243 acres) described in special warranty deed to Denton-CJW Partners, Ltd. as recorded in Document Number 4085-2101, Real Property Records of Denton County, Texas, and being further described as follows: BEGINNING at a one-half inch iron rod with yellow cap stamped “GOODWIN MARSHALL” found in the south line of said 397.243 acre tract, said point being the northeast corner of that called 196.467 acre tract of land described in a deed to the City of Denton as recorded in Document Number 2008- 123172, Real Property Records of Denton County, Texas, said point also being in the west right-of- way line of South Bonnie Brae Street, a variable width right-of-way; THENCE South 89 degrees 48 minutes 27 seconds West, 2,620.69 feet to a 1 inch iron rod found for the most southerly southwest corner of said 397.243 acre tract, said point also being the northwest corner of said 196.467 acre tract; THENCE North 00 degrees 47 minutes 45 seconds West, 1,065.10 feet along the west line of said 397.243 acre tract to a one-half inch iron rod with cap found at the southwest corner of that called 40.355 acre tract described in a deed to the City of Denton as recorded in Document Number 2005- 60563, Real Property Records of Denton County, Texas; THENCE along the south line of said 40.355 acre tract as follows: North 65 degrees 37 minutes 53 seconds East, 66.40 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; North 33 degrees 22 minutes 49 seconds East, 36.04 feet to a one-half inch iron rod found for corner; North 71 degrees 37 minutes 22 seconds East, 25.96 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 75 degrees 18 minutes 52 seconds East, 70.84 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 82 degrees 13 minutes 14 seconds East, 73.84 feet to a one-half inch iron rod with cap stamped “4818” found for corner; North 73 degrees 36 minutes 22 seconds East, 81.19 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; North 89 degrees 38 minutes 40 seconds East, 23.49 to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 69 degrees 25 minutes 09 seconds East, 31.43 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 12 degrees 11 minutes 30 seconds East, 19.37 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 11 degrees 02 minutes 25 seconds West, 48.14 feet to a one-half inch iron rod found for corner; North 39 degrees 31 minutes 32 seconds East, 54.15 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; North 11 degrees 51 minutes 23 seconds East, 53.21 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; North 66 degrees 49 minutes 48 seconds East, 16.85 feet to a one-half inch iron rod with cap stamped “4818” found for corner; South 69 degrees 29 minutes 56 seconds East, 63.39 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 64 degrees 58 minutes 22 seconds East, 58.31 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 61 degrees 55 minutes 02 seconds East, 133.44 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 20 degrees 23 minutes 51 seconds East, 21.74 feet to a one-half inch iron rod with cap stamped “4818” found for corner; North 50 degrees 48 minutes 35 seconds East, 63.83 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 39 degrees 31 minutes 14 seconds East, 14.41 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; North 47 degrees 25 minutes 13 seconds East, 19.66 feet to a one-half inch iron rod with cap stamped “4818” found for corner; South 84 degrees 28 minutes 13 seconds East, 72.21 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 54 degrees 58 minutes 44 seconds East, 47.78 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 89 degrees 10 minutes 12 seconds East, 32.02 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 89 degrees 08 minutes 19 seconds East, 112.31 feet to a one-half inch iron rod found for corner; North 60 degrees 11 minutes 30 seconds East, 256.65 feet to a one-half inch iron rod found for corner; North 72 degrees 39 minutes 49 seconds East, 175.33 feet to a one-half inch iron rod found for corner; North 85 degrees 17 minutes 39 seconds East, 102.71 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 88 degrees 07 minutes 45 seconds East, 125.61 feet to a one-half inch iron rod found for corner; South 53 degrees 44 minutes 26 seconds East, 116.73 feet to a one-half inch iron rod found for corner; South 65 degrees 11 minutes 17 seconds East, 188.86 feet to a one-half inch iron rod found for corner; South 45 degrees 17 minutes 36 seconds East, 258.50 feet to one-half inch iron rod found for corner; South 17 degrees 40 minutes 04 seconds East, 131.30 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 37 degrees 12 minutes 31 seconds East, 75.76 feet to a one-half inch iron rod found for corner; South 56 degrees 38 minutes 35 seconds East, 118.79 feet to a one-half inch iron rod with cap stamped “4818" found for corner; South 50 degrees 39 minutes 25 seconds East, 123.93 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 57 degrees 52 minutes 00 seconds East, 99.05 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 59 degrees 31 minutes 17 seconds East, 59.10 feet to one-half inch iron rod with yellow cap stamped “JBI” set for corner; South 83 degrees 17 minutes 15 seconds East, 87.30 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; North 50 degrees 39 minutes 44 seconds East, 34.14 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; North 87 degrees 24 minutes 38 seconds East, 18.63 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for corner; North 41 degrees 00 minutes 53 seconds East, 14.63 feet to a one-half inch iron rod with yellow cap stamped “JBI” set for the southeast corner of said 40.355 acre tract, said point also being in the west right-of-way line of South Bonnie Brae Street; THENCE South 01 degrees 27 minutes 16 seconds East, 481.65 feet along the west right-of-way line of South Bonnie Brae Street to the POINT OF BEGINNING and containing 2,580,657 square feet or 59.244 acres of land.