2015-166ORDINANCE NO, 2015 -166
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING CLASSIFICATION FROM A REGIONAL CENTER RESIDENTIAL 2 (RCR -2)
ZONING DISTRICT AND USE CLASSIFICATION TO AN REGIONAL CENTER
COMMERCIAL NEIGHBORHOOD (RCC -N) ZONING DISTRICT AND USE
CLASSIFICATION ON APPROXIMATELY 5.99 ACRES OF LAND GENERALLY
LOCATED ON THE WEST SIDE OF I -35 E, APPROXIMATELY 730 FEET SOUTH OF
LILLIAN B. MILLER PARKWAY 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 A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z15 -0004)
WHEREAS, Lynn Kadleck, has applied for a zoning change on approximately 5.99 acres
of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference
(hereinafter, the "Property ") from a Regional Center Residential 2 (RCR -2) zoning district and use
classification to an Regional Center Commercial Neighborhood (RCC -N) zoning district and use
classification; and
WHEREAS, on April 22, 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 (7 -0) of the change in zoning district
and use classification; and
WHEREAS, on June 2, 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,
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 Regional Center Residential 2 (RCR -2) to Regional Center Commercial
Neighborhood (RCC -N).
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.
SIJCT�ION 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 day of 2015.
(31R IS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
STATE OF TEXAS
COUNTY OF DENTON
Exhibit A
Legal Description
[LEGAL DESCRIPTION]
BEING all that certain lot, tract or parcel of land situated in the J. McGowan Survey
Abstract Number 797, in the City of Denton, Denton County, Texas, being all of Lot 2R,
Southridge Village Shopping Center Addition, an addition to the City of Denton, Denton
County, Texas according to the replat thereof recorded in Cabinet E, Page 392, Plat
Records, Denton County, Texas, and being more particularly described as follows:
BEGINNING at an iron rod found for corner in the southwest line of Interstate Highway
Number 35 -E South, a public roadway having a variable width right -of -way, said point
being the northeast corner of Lot 1 D of said Southridge Village Shopping Center
Addition;
THENCE, S 47 °24'04" E, 330.74 feet with the southwest line of said Interstate Highway
to an iron rod found for corner, said point being the most northerly point of Lot 3A of
said Southridge Village Shopping Center Addition;
THENCE, S 44 °43'54" W, 360.90 feet with the northwest line of said Lot 3A to an "X" in
concrete for corner;
THENCE, N 45 °16'06" W, 9.08 feet with said northwest line of said Lot 3A to an "X" in
concrete for corner;
THENCE, S 45 °01'39" W, 170.78 feet wit said northwest line of said Lot 3A to a 60d nail
found for corner;
THENCE, S 00 °52'13" W, 11.23 feet with said northwest line of said Lot 3A to an "X" in
concrete for corner;
THENCE, S 44 °58'24" W, 110.11 feet with said northwest line of said Lot 3A to an "X" in
concrete for corner;
THENCE, S 44 043'54" W, 360.90 feet with said northwest line of said Lot 3A to an "X" in
concrete for corner;
THENCE, S 00 016'06" E, 40.76 feet with said west line of said Lot 1 to an iron rod found
for corner in the north line of that certain tract of land conveyed by deed to F.C. McNeill
et al recorded in Volume 477, Page 604, Deed Records, Denton County, Texas, said
point being the southwest corner of said Lot 3A;
THENCE, S 89 °43'54" W, 250.94 feet with said north line of said McNeill tract to an "X"
in concrete for corner in the east line of Lot 1, Block A of Oakmont Village Addition, an
addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet M, Page 147, Plat Records, Denton County, Texas;
THENCE, N 00 °40'44" W, 445.95 feet with said east line of said Oakmont Village
Addition to an iron rod set for corner, said point being the northeast corner of said
Oakmont Village Addition;
THENCE, N 88 °52'51" W, 185.18 feet with the north line of said Oakmont Village
Addition to an iron rod found for corner in the east line of Lillian Miller Boulevard, a