2015-366S: \Legal \Our Documents \Ordinances \15\Z15 -0015 Final Ordinance.docx
ORDINANCE NO. 2015 -366
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A CHANGE IN THE
ZONING CLASSIFICATION FROM A PLANNED DEVELOPMENT DISTRICT 12 (PD -12)
ZONING AND USE CLASSIFICATION TO A REGIONAL CENTER COMMERCIAL
DOWNTOWN (RCC -D) ZONING AND USE CLASSIFICATION ON APPROXIMATELY
15.02 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF SOUTH
INTERSTATE 35 EAST, APPROXIMATELY 2,100 FEET NORTHWEST OF POST OAK
DRIVE, 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 -0015)
WHEREAS, on June 3, 1986, by Ordinance 86 -109, the City Council approved an amended
Planned Development District zoning and use classification for approximately 74.8 acres of land
generally located on the South side of S. Interstate 35 East, approximately 2,100 feet Northwest
of Post Oak Drive in the City of Denton, Texas ( "PD -12 ") and related Concept Plan; and
WHEREAS, on May 5, 1987, by Ordinance 87 -084, the City Council approved an amended
Concept Plan for approximately 43.4 acres of land within PD -12 in order to repeal and replace
permitted uses and general regulations; and
WHEREAS, from 2001 to present, the City Council approved several Detailed Plans and /or
amendments to Detailed Plans for auto dealerships Toyota of Denton and Honda of Denton,
including amendments pursuant to Ordinances Nos. 2001 -149, 2004 -064, and 2005 -047 related
to 15.02 acres of land within PD -12 legally described in Exhibit "A ", attached hereto and
incorporated herein by reference (hereinafter, the "Property ") and also depicted on Exhibit `B ",
attached hereto and incorporated herein by reference; and
WHEREAS, on May 7, 2015, Stephenson Architects applied for a zoning change on the
Property from a PD -12 zoning and use classification to a RCC -D zoning and use classification to
expand and develop more efficiently pursuant to Denton Development Code regulations; and
WHEREAS, on October 7, 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 November 17, 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 2. The zoning district and use classification for the Property is hereby changed
from PD -12 to RCC -D.
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 other
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 Wprior 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 l �� ,,,., 2015.
C 1-1 R '1" WA I " f'S,-MA YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
PP R) FLT S TO LEGAL FORM:
C 1 "J" 1 URGESS, CITY ATTORNEY
4
Exhibit A
Legal Description
All that certain lot, tract, or parcel of land situated in the GIDEON WALKER SURVEY, ABSTRACT
NUMBER 1330, Denton County, Texas, and being a called 15.0037 acre tract described in Deed from Alan
L. McNatt to The Al McNatt Family Partnership, Ltd. as recorded in County Clerk's File Number 96-
R0004554 of the Real Property Records of Denton County, Texas, and all of McNatt Addition, Phase II as
recorded in Cabinet V, Page 676 of the Plat Records of Denton County, Texas and being more particularly
described as follows:
BEGINNING at a capped iron rod found in the South line of Interstate Highway 35 Access Road for the
most Northeasterly corner of the tract being described herein and the most Southeasterly corner of Lot 4R,
Block A, of MCNATT ADDITION, an addition to the City of Denton, Denton County, Texas, according to the
Plat thereof recorded in Cabinet O, Page 267, Plat Records of Denton County, Texas;
THENCE South 47 degrees 07 minutes 00 seconds East with the South right -of -way of said Access Road
a distance of 936.28 feet to a 1/2" iron rod found for the most Southeasterly corner of the tract being
described herein;
THENCE South 42 degrees 54 minutes 00 seconds West a distance of 698.42 feet to a 1/2" capped iron
rod set for the most Southwesterly corner of the tract being described herein;
THENCE North 47 degrees 09 minutes 54 seconds West a distance of 935.68 feet to a 1/2" capped iron
rod set for the most Northwesterly corner of the tract being described herein and the most Southwesterly
corner of said McNatt Addition, Cabinet O, Page 267;
THENCE North 42 degrees 51 minutes 02 seconds East with the most Southerly line of thereof a distance
of 699.21 feet to the POINT OF BEGINNING and enclosing 15.02 acres of land more or less.
Exhibit B
Location Map