2016-307ORDINANCE NO. 2016-307
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 AND A NEIGHBORHOD RESIDENTIAL MIXED
USE (NRMU) ZONING DISTRICT AND USE CLASSIFICATION TO A COMMUNITY
MIXED USE GENERAL (CM -G) ZONING DISTRICT AND USE CLASSIFICATION ON
APPROXIMATELY 80.49 ACRES OF LAND AND PROVIDING AN INITIAL ZONING
DISTRICT AND USE CLASSIFICATION FROM A RURAL RESIDENTIAL (RD -5X)
DESIGNATION TO A CM -G ZONING DISTRICT AND USE CLASSIFICATION ON
APPROXIMATELY 1.67 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE
OF TEASLEY LANE APPROXIMATELY 825 FEET SOUTH OF MONTECITO DRIVE 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. (Z16-0010)
WHEREAS, Applicant Denton ISD, property owner, has applied for a zoning change on
approximately three parcels of land as follows: (1) an approximate 76.913 acre tract located at
7501 Teasley Lane, Denton, Texas ("Parcel 1"); (2) an approximate 1.3348 acre tract located,at
7695-a Teasley Lane, Denton, Texas ("Parcel 2"); and (3) an approximate 3.244 acre tract located
at A0047a J. Baker, Tr 8(pt) ("Parcel 3"), which parcels combine to operate Guyer High School
and are more particularly described as indicated in Exhibit A, and depicted in Exhibit B, Parcels
1, 2 and 3, respectively, attached hereto and incorporated herein by reference (the "Property"); and
WHEREAS, Applicant has requested to rezone Parcel 1 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; rezone Parcel 2 from a Neighborhood Residential Mixed Use
(NRMU) zoning district and use classification to a CM -G zoning district and use classification;
partially rezone Parcel 3 from a Neighborhood Residential 2 (NR -2) zoning district and use
classification to a CM -G zoning district and use classification; and to initially zone of part of Parcel
3 from Rural Residential (RD -5X) to a CM -G zoning district and use classification; and
WHEREAS, the purpose of Applicant's request is to obtain uniform zoning on the Property
to manage municipal standards more effectively; and
WHEREAS, on August 10, 2016, the Planning and Zoning Commission, in compliance
with the laws of the Staie 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 September 20, 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;
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
as follows: Parcel 1 from Neighborhood Residential 2 (NR -2) to Community Mixed Use General
(CM -G); Parcel 2 from Neighborhood Residential Mixed Use (NRMU) to Community Mixed Use
General (CM -G); a part of Parcel 3 as indicated from Neighborhood Residential 2 (NR -2) to
Community Mixed Use General (CM -G); and an initial zoning on a part of Parcel 3 as indicated
from RD -5X 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 for the Property.
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 APPl t_1V1_1) tliis the C' A &iy of. � 41 _.. 2016.
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
mm
Ai'I'I VED ASLEGAL FORM:
AN ITA BLiRCL S CITY ATTORNEY
BY:
f i ]
Exhibit A
FIELD NOTES to all that certain tract of land situated in the J. C. Baker Survey Abstract Number 47, City of'
Denton, Denton County, Texas and being all of Lot 1, Block A, Teasley Lane High. School Addition as shown by
the replat thereof recorded in Cabinet V, Page 763 of the Plat Records of Denton County, Texas; all of the called
IA19 acre tract described in the deed from. Wild Mustang Crossing, LTD to Denton Independent School District
recorded in Document Number 2015-119668 of the Real Property Records of Denton County, Texas; and all of the
called 3.244 acre tract described in the deed from Jessie C. Evans et ux to Denton Independent School District
recorded in Document Number 2015-125302 of the said Real Property Records, the subject tract being tnore
particularly described as follows.
BEGINNING for the Northwest corner of the tract being described herein, at a 1/2 Inch rod found near a fence post
a>
at the NorthweA comer of the said Lot 1, Block A on the dedicated East right-of-way of F. M. 2181;
THENCE South 89 Degrees 36 Minutes 01 Seconds East along a wire fence with the North line of Lot 1, Block A, a
distance of 1,63 1 .14 feet to a 1/2 inch iron rod found at a fence corner post at the Northeast comer thereof,
THENCE South 00 Degrees 39 Minutes 09 Seconds West with the East line of Lot 1. Block A, a distance of
2,123,93 feet to a I inch iron rod found at the Southeast corner thereof;
THENCE South 99 -Degrees 39 Minutes 24 Seconds West with the South fine of Lot 1, Block A, a distance of
650,71 fbeCio 'a"1/2 inch iron rod Witha.yellow plastic "cap stamped "COLEMAN RPLS 4001" found at The
Northeast comer of the said 3,244 acre tract;
THENCE South 04 Degree 27 Minutes 14 Seconds East with t�je East line of the 3,244 acre tract a distance of
443,39 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "COLEMAN RPLS 4001" found at the
Southeast comer thereof on the North right-of-way line of F. M. 2181;
THENCE Northwesterly with the North right�ofway line of F.M. 2181 and the South line of the 3.244 acre tract,
along an are to the right having a radius of 1,084.93 feet, passing at an are length of 424.46 feet an aluminum right-
of-way monument found at the Southwest corner thereof and the Southeast comer of the said 1.419 acre tract and
continuing along the same course, in all, a total are length of 874,10 feet to an aluminum right-of-way monument
found at the Southwest comer thereof;
THENCE North 89 Degrees, 44 Minutes IS Seconds East with the North line of the 1,419 acre tract a distance of
IL 18 feet to an aluminum right-of-v,,ay monument found at the Southwest comer of Lot 1, Block A;
THENCE Northerly with the dedicated East right-of-way of F, M, 2181 and the. West line of Lot 1, Block A the
following four calfs.
1. Along the are of a curve to the right having a radius of 1,078.78 feet, an arc length of 586,00 feet (chord
bearing North 20 Degrees 41 Minutes IS Seconds West a distance of 579.40 feet) to a 102 inch iron rod
found at the end of the said curve;
2. North 05 Degrees 06 Minutes 36 Seconds West a distance of 60144 feet to a 1/2 inch iron rod found at
the beginning of a curve to the right having a radius of 2,938.04 feet;
3. Along the are of the said curve, an arc length of. 250.97 feet (chord bearing North 02 Degrees 39
Minutes 48 Seconds West a distance of 250.89 feet) to a U2 inch iron rod found at the end of the said
curve-;
4. North 01 13 59 Seconds West a distance of 749.96 feet to the PLACE OF BEGINNING and enclosing
81.48 acres of land.
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ie City pt Dontpn has prepared maps for deqqprterlonia4 use. These are not official mad.�s of iMse Cily of Denton and should slot be used for legal Mn inee . or surveyin purposes but rather for reference purposes. These maps are the properly
e Ciy of_asnion� and have been made avails@le iv tf3e public based on the Public In3o me[I {urs AcL. The Cily,of Dantof5 anakas every effort to pr4u Ce anti publish the Y`f�a aR. turYent and accurate information possible. No warranties, expressed i