2015-122s: \legal \our documents \ordinances \15\z14 -0025 ordinance (2).docx
ORDINANCE NO. 2015 -122
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING CLASSIFICATION FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR -2)
ZONING DISTRICT AND USE CLASSIFICATION TO A COMMUNITY MIXED -USE
GENERAL (CM -G) ZONING DISTRICT AND USE CLASSIFICATION ON
APPROXIMATELY 2.402 ACRES OF LAND GENERALLY LOCATED ON THE
NORTHEAST CORNER OF TEASLEY LANE AND ROBINSON ROAD 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. (Z14 -0025)
WHEREAS, Lakewood Square Partners, L.P., a Texas Limited Liability Company, has
applied for a zoning change on approximately 2.402 acres of land legally described in Exhibit
"A ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from a
Neighborhood Residential 2 (NR -2) zoning district and use classification to a Community
Mixed -Use General (CM -G) zoning district and use classification; and
WHEREAS, on March 11, 2015, 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 change in zoning district
and use classification; and
WHEREAS, on April 21, 2015, 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 35.3.4 of the Denton Development Code, and is
consistent with the Denton Plan 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 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,
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 Neighborhood Residential 2 (NR -2) to Community Mixed -Use General (CM -G).
SECTION 3. The City's official zoning map is hereby amended to show the change in
the 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. 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) 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.
PASSED AND APPROVED this the 21
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
�"
day of _,2015.
0111 IS' WATTS, MAYOR
Exhibit A
Legal Description
STATE OF TEXAS
COUNTY OF DENTON
BEING a 2.402 acre tract of land situated in the S. Hembrie Survey, Abstract No. 643, Denton
County, Texas, and being a portion of Block 1 of Lakewood Estates Mobil Home Park, an
Addition to Denton County, Texas according to the Map or Plat thereof recorded in Cabinet C,
Slide 193 of the Plat Records of Denton County, Texas, said 2.402 acre tract being more
particularly described as follows:
BEGINNING at an iron rod found for the intersection of East right -of -way line of Teasley Lane
(a variable width right -of -way) with the north right -of -way line of Robinson Road (a variable
width right -of -way), same being the southwest corner of Block 1 and being North 01 degrees 07
minutes 29 seconds West, a distance of 3 5.5 3 feet from the southwest corner of said Addition;
THENCE North 01 degrees 07 minutes 29 seconds West, along the East right -of -way line of
Teasley Lane, a distance of 276.68 feet to an iron rod set for corner;
THENCE over and across said Block 1 the following calls: South 88 degrees 15 minutes 35
seconds East, a distance of 178.02 feet to an 'X' set in concrete for corner;
North 01 degrees 44 minutes 25 seconds East, a distance of 163.17 feet to an iron rod set for
corner;
North 78 degrees 02 minutes 07 seconds East, a distance of 26.00 feet to an iron rod found for
corner;
South 51 degrees 32 minutes 01 seconds East, a distance of 123.77 feet to an iron rod set for
corner;
South 01 degrees 44 minutes 24 seconds West, a distance of 390.00 feet to an iron rod set for
corner in the North right -of -way line of Robinson Road;
THENCE North 86 degrees 15 minutes 35 seconds West, along the North right -of -way line of
Robinson Road, a distance of 300.00 feet to the Point of Beginning and containing 2.402 acres or
104,691 square feet of land more or less and being subject to any and all easements that may
affect.