2016-057S:\ Legal\ Our Documents \Ordinances116\715 -0031 Ordinance.docx
ORDINANCE NO. 2016-057
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A CHANGE IN THE
ZONING CLASSIFICATION FROM AN INDUSTRIAL CENTER EMPLOYMENT (IC -E)
ZONING DISTRICT AND USE CLASSIFICATION TO A REGIONAL CENTER
COMMERCIAL DOWNTOWN (RCC -D) ZONING DISTRICT AND USE CLASSIFICATION
ON APPROXIMATELY 2.9 ACRES OF LAND GENERALLY LOCATED ON THE WEST
SIDE OF THE INTERSTATE 35 FRONTAGE ROAD, APPROXIMATELY 1,000 FEET
SOUTH OF WEST UNIVERSITY DRIVE (US HWY 380), 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; A SAVINGS
CLAUSE AND AN EFFECTIVE DATE. (Z15 -0031)
WHEREAS, Cavender's Investment Properties F, Ltd. has applied for a zoning change on
approximately 2.9 acres of land legally described in Exhibit "A ", attached hereto and incorporated
herein by reference (hereinafter, the "Property ") from a IC -E zoning district and use classification
to an RCC -D zoning district and use classification; and
WHEREAS, on January 27, 2016, 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 February 16, 2016, 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 IC -E to RCC -D.
SECTION 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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: .__ _ „
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
B Y <..,
day of
,MAYOR
Exhibit A
F,egal Description
THOMPSON & ASSOCLATES, INC.
Peay Tho�pscn, Jr. '63
JC 4�:M ST3]E.,rr jk]�qrr Telephone: 903/593-0128
_,L 903/592-5474
Registered Professional Engineers Fax: 903/593-0129
Registered Professional Land Surveyors 1528 N-NW Loop 323
Revised: November 4, 2015
MaUlng Ad&=.'
P.O. BOX 132479
TYLER, TEXAS 75713-2479
2.9368 Acres of Land
127,925 Sq. Ft.
B.B.B. & C. RR Co. Survey, Abstract No. 192
Denton, Denton County, Texas
Job No. 15-8978
Tyler, Texas 75702-3697
Pipelines - Oil - Gas Surveys & Locations
Underground Storage Tank Remediation
Land Developments
Transmission Lines
Lignite Surveys
Industrial Sites
Subdivisions
Utilities
Traffic
Safety
Being 2,9368 acres of land situated in the city limits of Denton, Texas and being within the B.B.B. & C.
RR Co. Survey, Abstract No. 192, Denton County, Texas, being part of that called 21.283 acre tract
described in an Assignment of Rents and Leases from Texas Blue Horseshoe, Ltd. to Bank of the
Ozark recorded in Document No. 2014-36167 of the Real Property Records of Denton County, Texas,
said 2.9368 acre tract being more fully described as follows:
TAM CE: Soulff wild xte east =e MIM
with the new right-of-way line of Interstate Highway No. 35, a distance of 228.95 feet to a %" iron rod
set with yellow cap stamped "Thompson & Assoc. Inc." for the southeast corner of this tract, from
To7ko'j 21ax*muws�,71 Valmr, le break in the we
'14V est right-of-wak,,A line
of Interstate Highway No. 35 bears South 16'24'33" East a distance of 230.69 feet,
THENCE: South 6736'09" West, thru and across the Texas Blue Horseshoe 21.283 acre tract, a
distance of 549.86 feet to a 1/2" iron rod set with a yellow cap stamped "Thompson & Assoc. Inc." in
Qaamw&wu
WAN
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comer for the southwest comer of the Texas Blue Horseshoe 21.283 acre tract, a IN' iron rod found for
reference bears South 35'08'48"East a distance of 2.52 feet,
76k e Horseshoe 21.283 acre tract an&
with the east right-of-way line of the Kansas City Southern Railroad, a distance of 227.70 feet to the
Point of Beginning containing 2.9368 Acres of Land (127,925 Square Feet).
BASIS OF BEARING: horizontal position were derived from the Texas WDS RTK Network -Texas
Datum of 1983 Texas North Central Zone (AZU), U.S
Survey Feet and from NGS-CIPUS processed Static GPS observations on or near the project site. All
bearings shown hereon are GRID rotated to the Texas State Plane Coordinate System. To Adjust
bearings to True North rotate by the Convergence Angle of +0'43'27". The Distances and Acreage
shown are SURFACE. To adjust to GRID, multiply by the scale factor of 0.999877094.
*f a ?1at ff wtQA
described herein and is not valid unless signed in blue ink with an accompanying Registered
Professional Land Surveyors Seal.
STEVEN J. FREEMAN, II
_._ "..63 "3.9....•.
Steven J. Fviefnati, 11, Registered Professional
Land Surveyor, State of Texas No. 6339
01�
Exhibit B
Location Map