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MPC19-0002dS:\Legal\Our Documents\Ordinances\20\MCP19-0002-Hunter Ranch District Boundary Revised 4.7.20.Docx ORDINANCE NO. MPC19-0002d AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE IN THE ZONING DISTRICT FROM THE MIXED-USE NEIGHBORHOOD (MN) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 35.66 ACRES OF LAND TO HUNTER RANCH MASTER PLANNED COMMUNITY (MPC) ZONING DISTRICT AND USE CLASSIFICATION AND FROM PLANNED DEVELOPMENT (PD) ZONING DISTRICT ON APPROXIMATELY 2.24 ACRES OF LAND TO HUNTER RANCH MASTER PLANNED COMMUNITY (MPC) ZONING DISTRICT AND USE CLASSIFICATION, GENERALLY LOCATED WEST OF I-35W, BETWEEN ALLRED ROAD AND ROBSON RANCH 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 FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (MPC19-0002 -Hunter Ranch District Boundary) WHEREAS, Petrus Investments, LP has applied for zoning change on approximately 35.66 acres ofland from the Mixed-Use (MN) zoning classification and use designation to Hunter Ranch Master Planned Community (MPC) zoning classification and use designation and on approximately 2.24 acres ofland from Planned Development (PD) zoning district to Hunter Ranch Master Planned Community (MPC) zoning classification and use designation legally described in Exhibit "A," attached hereto and incorporated herein by reference (hereinafter, the "Property''); and WHEREAS, on February 27, 2020, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, having given the requisite notices by publication and otherwise, and having afforded full and fair hearings to all property owners and citizens interested in this regard, recommended approval [6-0] of the amendment; and WHEREAS, on April 7, 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 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 a change in the zoning classification and use designation of the property, 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, TilE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION I. 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 classification and use designation for the Property is hereby changed from MN and PD to Hunter Ranch MPC District. SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district classification and use designation. 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 remaining 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. 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 limited purpose. SECTION 7. 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 publ ished in the City of Denton, Texas, within ten (1 0) days of the date of its passage. The motion to approve this ordinance was made by G~IV!Il/:J Hu.l:t5fJC/ tl and seconded by \T~~ J#tv IS , the ordinance was passed and approved by the following vote -Q_J : Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Arm.intor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye .; Nay Abstain PASSED AND APPROVED this, the 'ft-ft day of t2flAiL , 2020. CA w/ CHRI TIS, MAYOR Page 2 of3 Absent ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Description of 0. 79 Acres of Land Proposed Zoning Change From "PD" to "MPC" BEING that certain tract ofland situated in the J.Taft Survey, Abstract Number 1269, Denton County, Texas and being a portion of that tract ofland (Tract 1) described by deed to Petrus Investment, L.P., recorded in Instrument Number 98-0117450 of Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows; BEGINNING in the east line of said Tract 1, at the intersection ofthe west right-of-way of Interstate Highway 35W (a variable width right-of-way) and the westerly right-of-way of John Payne Road (a variable width right-of-way); THENCE S 26°19'13"W, 320 .52, with the west right-of-way of said Interstate Highway 35W THENCE N 00°32'45"E, 495.14 feet, departing said west right-of-way, to said westerly right- of-way of John Payne Road; THENCE S 33°28 ' 10"E, 249.14 feet, with the westerly right-of-way of John Payne Road,t.o the Point of Beginning and containing 34,412 square feet or 0.79 acres ofland more or less. Description of 1.45 Acres of Land Proposed Zoning Change From "PD" to "MPC" BEING that certain tract ofland situated in the B.B.B & C.R.R.Co . Survey, Abstract Number 159, Denton County, Texas and being a portion of that tract ofland described by deed to Petrus Investment, L.P., recorded in Instrument Number 98-0117450 ofReal Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows; COMMENCING in the east line of said Tract 1, at the intersection ofthe west right-of-way of Interstate Highway 35W (a variable width right-of-way) and the westerly right-of-way of John Payne Road (a variable width right-of-way); THENCE S 26°19'13 "W , 552.26 feet, to the POINT OF BEGINNING; THENCE S 26°19 '13"W, 559 .00 feet, continuing with the west right-of-way oflnterstate Highway 35W THENCE N 00 °30'16"W, 500.01 feet; THENCE N 89°45'35"E, 252.26 feet to the Point of Beginning and containing 63,162 square feet or 1.45 acres ofland more or less. "This document was prepared under 22 TAC 663 .21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared ." Peloton Job No . HWRI8008 Hunter G:\JOB\HWRI8008_HUNTER_RANCH\MASTER DEV\_SU RVEY\EXHlBITS \LEGALS\HWRI8008_ZNI.DOCX Tracking No . 7723 March I I , 2020 Page I of2 --< ~ "This document wos prepared under 22 TAC 663.21. does not reflect the results of r on on the ground survey . and is not to be used to convey or establish i nterests ~ in reo I property e xc ept those rights ond interests imp I ied or estobl ished by the ~ creation or reconfiguration of the boundary of the pol iticol subdivision for ~-which it was prepared." \ \ 0 200 400 z 0 ~<:§>~ ~®~ I I ~----9 ~--- GRAPHIC SCALE IN FEE T 0 N 0 N 0 -o <t> 0 0 ::> r 0 ::> 0. ~ 0 c 0 ::> Ul :J n ~®~~ ~lf[b~~ ~· "' ~ Proposed Zoning Change from : "PO" to: "MPC" in!! PELOTON ~ I Proposed Zoning Change from: "PO" to: "MPC" I \ \ ..._? \ I I %-'-:> .R) ~ ~ \ \ v I I ~ ~ 5 ~' ) i' ~ Point of CJ3eginning / CO . 79 Acre) \Point of Commencing (1.42 Acre) I I I I I I I I I I I I I \ \ \ \ \ "-. ~.: ~'3 ./.0 • ~ ._fi Approx . survey Line Jolin mnyne !Vo·a f --~'""/ -------------'Iu :L~ a I Point of / CJ3eginning / 1.42 Acre I ~ ; -·-·--·-·--·-·-·-·- !::; ,"' I ~ 8 .,!\. ;; I :!'J'~ ~ ~0 I I I I I I I I I AN EXHIBIT OF 2 Tracts of Land OF LAND SITUATED IN THE E . SURVEY . ABSTRACT I IIIII LAND SOLUTIONS NUMBER 994 . DENTON COUNTY . TEXAS acf#7723 9800 HI LL WOOD PAR'rW'AY , SUI TE 250 FORT WORTH , TEXAS 76 177 PH.# 8 17-562-3350 JOB# HWR180018 G:\J08\HWR18008_Hunter _Ronch\Moster Oev\ _Sur vey\E xhibits\HWA18008_zn 1.dgn DRAWN BY : tab CHECKED BY : jr DATE : 3-11 -2020 PAGE# 2 of 2 Default 311 1/2020 Peloton Job No. HWR18008 Tracking No. 7722 Hunter March 11, 2020 G:\JOB\HWR18008_HUNTER_RANCH\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWR18008_ZN1.DOCX Page 1 of 1 Description of 22.00 Acres of Land Proposed Zoning Change From “MN” to “MPC” BEING that certain tract of land situated in the E. Pizano Survey, Abstract Number 994, Denton County, Texas and being a portion of that tract of land described by deed to Hillwood Investment Land, L.P., recorded in Instrument Number 2015-146192 of Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows COMMENCING at the southwest corner of said Hillwood Investment tract in the north right- of-way of Robson Ranch Road (a variable width right-of-way); THENCE N 00°19’05”W, 1015.26 feet, with the west line of said Hillwood Investment tract, to the POINT OF BEGINNING; THENCE with the west north and east line of said Hillwood Investment tract the following bearings and distances; N 00°19’05”W, 1367.94 feet; N 89°36’18”E, 723.23 feet; S 00°24’11”E, 1031.57 feet; THENCE S 29°23’18”W, 387.57 feet, departing said east line, over and across said Hillwood Investment tract; THENCE S 89°36’22”W, 532.70 feet, continuing over and across said Hillwood Investment tract, to the Point of Beginning and containing 958,320 square feet or 22.00 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." " 0 " 0 ., • 0 0 , .... 0 , 0. document wos prepared under , does not lee+ the results on on the ground survey. and is not to be used to convey or establish interests in reel property except those rights ond interests implied or established by the erection or reconfigurotion of the boundary of the political subdivision for which it wos prepored.s HILLWOOD INVESTMENT LAND, L.P. INST.# 2015-146192 R.P.R.D.C. T. 22.00 Acres Proposed Zoning Change from: "MN" to: "MPC" Point of c.BeginniTI{J ....._ __________ 4 I ~I,. I I !Point of [ HILLWOOD INVESTMENT LAND. L.P. INST.# 2015-146192 R.P.R.O.C. T. CommenciTI{j 1 ________ j __________ _ CJW6son ~ncli CJWad A EXHIBIT OF 22. 00 }l.cres 0 200 400 ~-------, I GRAPHIC SCALE IN FEET OF IN THE E. SURVEY. ABSTRACT DENTON COUNTY, TEXAS "