2015-234sAlegal \our documents \ordinances \15V15 -0013 ordinance.docx
ORDINANCE NO. 2015 -234
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A CHANGE IN THE
ZONING CLASSIFICATION FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR -4)
ZONING DISTRICT AND USE CLASSIFICATION TO A COMMUNITY MIXED USE (CM-
G) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 8.04 ACRES
OF LAND GENERALLY LOCATED ON THE WEST SIDE OF TEASLEY LANE (FM 2181),
APPROXIMATELY 600 FEET NORTH OF HICKORY CREEK 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. (Z15 -0013)
WHEREAS, Winkelmann & Associates, Inc., has applied for a zoning change on
approximately 8.04 acres of land legally described in Exhibit "A ", attached hereto and
incorporated herein by reference (hereinafter, the "Property ") from a NR -4 zoning district and
use classifications to a CM -G zoning district and use classification; and
WHEREAS, on July 8, 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 (5 -0) of the change in zoning district and use
classification; and
WHEREAS, on August 4, 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; 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 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 2m. The zoning district and use classification for the Property is hereby
changed from NR -4 to 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 ._ dray cal ��; � � " �, 2015. ..
u
CHRIS WATTS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A P P I OVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
M.",
Exhibit A
Legal Description
Being all that certain lot, tract or parcel of land situated in the Eli Pickett Survey, Abstract Number 1018
in the City of Denton, Denton County, Texas and being a part of Parcel 2 of Lexington Park South, an
addition to the City of Denton, Denton County, Texas, according to the Conveyance Plat thereof as
recorded in Cabinet S, Page 299 of the Plat Records, Denton County, Texas and being a part of a tract of
land described in a deed to Dwight Thompson Ministries, Inc., as recorded in County Clerk's File Number
1995 -24387 Real Property Records, Denton County, Texas; the subject tract being more particularly
described as follows;
BEGINNING at a capped iron rod stamped "4001" found for the Northwest corner of the herein
described tract and being the Northeast corner of a tract of land described in a deed to Kimberly Paige
Guthrie as recorded in County Clerk's File Number 2012 -98466 Real Property Records, Denton County,
Texas and being in the South line of Parcel 1 of said Conveyance Plat and being a tract of land described
in a deed to Lexington Park /Denton residential Association, Inc., as recorded in County Clerk's File
Number 2006 - 149706 Real Property Records, Denton County, Texas;
Thence North 89 degrees 49 minutes 54 seconds East with the South line thereof, along or near a fence
passing a capped iron rod stamped "4001" found at 185.92 feet for the Southeast corner of said
Lexington Park /Denton Residential Association, Inc. tract and the Southwest corner of Lot 8R, Block L of
Lexington Park, Phase Two, an addition to the City of Denton, Denton County, Texas, according to the
Replat thereof as recorded in Document Number 2009 -225, Plat records, Denton County, Texas and
continuing along said course a total distance of 559.47 feet to a TXDOT monument found for the
Northeast corner of the herein described tract and being in the South line of said Lot 8R and in the West
Right of Way of F.M. 2181;
Thence South 02 degrees 24 minutes 39 seconds East with the West line of said F.M. 2181 a distance of
77.17 feet to a TXDOT monument found at the beginning of a curve to the left having a radius of
22,848.31 feet and a chord bearing and distance of South 01 degrees 58 minutes 58 seconds East,
340.48 feet;
Thence along said curve and West line of said F.M. 2181 an arc length of 340.49 feet to a TXDOT
monument found;
Thence South 04 degrees 21 minutes 33 seconds East a distance of 197.36 feet to point for the
Southeast corner of the herein described tract and being in the West line of said F.M. 2181;
Thence West a distance of 587.80 feet to a point in the West line of said Guthrie tract;
Thence North 00 degrees 09 minutes 33 seconds West with the East line thereof a distance of 612.53
feet to the PLACE OF BEGINNING and enclosing 8.04 acre of land more or less.