Loading...
Z22-0020aORDINANCE NO. 222-0020a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 7 (R7) TO PUBLICFACILITIES (PF) DISTRICT ON APPROXIMATELY 15.14 ACRES OF LAND GENERALLYLOCATED ON THE SOUTH SIDE OF RINEY ROAD, APPROXIMATELY 560 FEET EASTOF BONNIE BRAE STREET, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDINGFOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONSTHEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (222- O020A) WHEREAS, Denton Independent School District has submitted a request to rezone approximately 15.14 acres of land from Residential 7 (R7) to Public Facilities (PF) District, legally described in Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”); and WHEREAS, on December 14, 2022, 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 (7-0) of the request; and WHEREAS, on January 10, 2023, 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 an initial zoning district 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 isof 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 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 orcircumstance 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 ordinanceshall 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 motio„ to app,o\,'e this o,dinance was made by %to,r, beck and seconded by BrAn&Lry1 Ug@ RObb , the ordinance was passed and approved bythe following vote [1 - Al : Aye Nay Abstain Absent Mayor Gerard Hudspeth:\/ \/ \/ Vicki Byrd, District 1 : Brian Beck. District 2: Jesse Davis. District 3 :./ VACANT. District 4: Brandon Chase McGee, At Large Place 5 :L// Chris Watts, At Large Place 6:\./ , 2023.PASSED AND APPROVED this the day of -+ ’/?GERA #rSPETH. MAYOR ATTEST: ROSA RIOS, CITY SECRETARY _#a ,a4?h Page 2 of 3 APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Page 3 of 3 Exhibit A Legal Description Al that certain tract of land situated in the N. H. Meisenheimer Survey, Abstract Number 8 10, City of Denton,Denton County, Texas and being all of the called 15.135 acre tract described in deed from Rayzor Investments, LLCto Denton Independent School District recorded in Document Number 2020-213358 of the Real Property Records ofDenton County, Texas and more particularly described as follows by Bearings relative to the Texas CoordinateSystem of 1983 North Central Zone (4202) based on GPS ties to Geodetic Control: BEGINNING for the Northeast corner of the tract being described herein at a 1/2 inch smooth iron rod found in theSouth line ofRiney Road for the Northeast corner of said 15.135 acre tract and the Northwest corner of a called0.412 acre tract described in the deed to Lupe R. Gonzales and Mary G. Gonzales recorded in Volume 4340, Page1539, of said Real Property Records; THENCE South 00 degrees 55 minutes 16 seconds West with the East line of said 15.135 acre tract a distance of 1,116.07 feet to a 1/2 iFIch iron rod found at the Southeast corner thereof in the north line of the City of DentonNorth Lakes Park, said corner being a northeast corner of that certain tract conveyed to the City ofDbnton byinstrument recorded in Volume 697, Page 2 17, of said Deed Records; THENCE Westerly with the common line between the North lakes Park and the 15.135 acre tractthe following three calls:1. North 88 degrees 43 minutes 09 seconds West a distance of 549.87 feet to a 1/2 inch iron rod found;2. South 00 degrees 19 minutes 41 seconds West a distance of 50.01 feet;3. North 88 degrees 43 minutes 09 seconds West a distance of 599.10 feet to the Westerly Southwest cornerof the 15.135 acre tract in the east right-of-way line of North Bonnie Brae Street (variable width right-of-way) THENCE North 00 degrees, 37 minutes, 31 seconds East with West line of the 15.135 acre tract and East right-of-way line of North Bonnie Brae Street a distance of 50.00 feet to the Westerly Northwest corner of the 15.135 acretract THENCE South 88 degrees 43 minutes 09 seconds East with the North line of the 15.135 acre tract a distance of512.5 1 feet to the beginning of a curve to the left having a radius of 50.00 feet; THENCE Easterly with the West line of the 15.135 acre tract along the said curve, an arc length of 52.36 feet (chordbearing North 6 1 degrees 16 minutes 51 seconds East a distance of 50.00 feet) to the end of the said curve;THENCE North 3 1 degrees 16 minutes 51 seconds East continuing with the West line of the 15.135 acre tract adistance of 84.21 feet; THENCE North 00 degrees 35 minutes 03 seconds East continuing with the West line of the 15.135 acre tract adistance of 804.23 feet to a reentrant corner thereof; THENCE North 89 degrees 15 minutes 06 seconds West continuing with West line of the 15.123 acre tract adistance of 47.13 feet to a 1/2 inch iron rod found at the Southeast corner of Lot 1. Block 1. B. F. Price Addition, asshown by the plat thereof recorded in Cabinet C, Page 126 of the Plat Records of Denton County, Texas; THENCE North 00 degrees 36 minutes 45 seconds East with the common line between the 15.135 acre tract and thesaid Lot 1, Block 1, B.-F. Price Addition, passing at a distance of 200.70 feet a 1/2 inch iron rod found at theNortheast corner thereof and continuing with the West line of the 15.135 acre tract, in all, a total distance of 210.70to Northwest corner thereof in the south line ofRiney road; THENCE South 89 degrees 20 minutes 12 seconds East along the South line ofRiney Road with the North line of15.135 acre tract a distance of 275.79 feet to the angle point therein; THENCE South 88 degrees 49 minutes 04 seconds East continuing along the South line of Riney Road with theNorth line of 15.135 acre tract a distance 327.34 feet to the PLACE OF BEGINNING, and containing 15.135 acresof land Page 4 of 3