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PDA23-0001bORDINANCE NO. PDA23-0001 b AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDrNG AN AMENDMENTTO AN EXiSTrNG PLANNED DEVELOPMENT DISTRICT (PD 174, COUNTRY LAKES),WITH AMENDMENTS INCLUDING BUT NOT LIMITED TO INCLUDING, BUT NOTLIMITED TO. MODIFICATION TO THE DEVELOPMENT PLAN TO INCREASE SEATINGAND PARKING CAPACITY AND MODIFY ACCESS, ON APPROXIMATELY 28 ACRESOF LAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF CRAWFORDROAD AND CARNEGIE RIDGE 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 FORVIOLATIONS THEREOF; PROVID[NG A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (PDA23-000 lb, St. Marks) WHEREAS, the Bishop of the Catholic Diocese of Fort Worth (the ''Applicant”) applied for an amendment to the detailed plan for Planned Development 174 (PD-174) on approximately 28 acres of land legally described in Exhibit “A,“ attached hereto and incorporated herein by reference (hereinafter, the “Property”) to; and WHEREAS, on June 15, 1999, the City Council adopted Ordinance 99-205, approving a change in zoning for 502.88 acres of land to Planned Development 174 (PD-174) Zoning District, including the Property, as more particularly described therein; and WHEREAS, on September 21, 1999, the City Council adopted Ordinance 99-350, approving a detailed plan for Country Lakes West on 108.3 acres of land in of Planned Development 174 (PD-174), Zoning District including the Property, as more particularly describedtherein; and WHEREAS, on November 6, 2012, the City Council adopted Ordinance 2012-315, approving a concept plan of Planned Development 174 (PD-174) for 27.945 acres of land, including the Property, as more particularly described therein; and WHEREAS, on November 6, 2012, the City Council adopted Ordinance 2012-316, approving an amendment to the detailed plan of Planned Development 174 (PD-174) zoning district for 27.945 acres of land, including the Property, as more particularly described therein; and WHEREAS, on December 13, 2023, 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 held a public hearing for all property owners interested in this regard, and have recommended approval (4-0) of the request; and WHEREAS, on January 23, 2024 the City Council conducted a public hearing and decided to continue the public hearing to February 20, 2024 to allow the Applicant time to work with the neighboring property owners to address their concerns with the Amendment; and WHEREAS, on February 20, 2024 the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive andprocedural standards for a Detailed Plan Amendment set forth in Section 2.7.3.D of the 2019Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, have determined that the proposed Detailed Plan Amendment 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 Detailed Plan Amendment 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 Detailed Plan for PD-174 is hereby approved as shown in Exhibit “B”. SECTION 3. The provisions of this ordinance, as they apply to the subject site as shown in Exhibit B are herein approved and shall govern and control over any conflicting provision of Ordinance Nos. 99-205, 99-350, 2012-3 15, and 2012-3 16 as they apply to that remaining portion of the PD district not herein affected, shall continue in force and effect and apply to the remainderof the PD district. 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 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 dIana,,. CL,& h c GtR and seconded by Rk\ hl 1 lb+/ , the ordinance was passed and approved bythe following vote U - a] : Page 2 of 4 Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck. District 2 : Paul Meltzer. District 3 : Joe Holland. District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6: / IL-Z- ,/a-L 26\R d,y ,f Cbn.4.fy GERARD HUDSPETH, MAYOR PASSED AND APPROVED this the _, 2024. ATTEST: JESUS SA SECRETARY L\\\t IIII// APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY 1 1111+1 LIJb :jI;;To: 7; T : : 1 1 : 3 2 46'OO' Page 3 of 4 Exhibit A Legal Description Lot 1, Block A of the St. Mark Catholic Church Addition 'i;:{:}:-{i! ! i!!!!gl: i ! ! ! i Page 4 of 4 Exhibit B Detailed Plan Page 5 of 4 IOUD HOunHO MIN i<<g g ; ; ! ! ! ! ! ; I<,a P HSIUVd Ol]OHIVO yuvm 'IS a :2p II !IE li g ! hqq:gOOO 0