2017-046,�' � ' � • � �
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VVHEREAS, Randall Smith of Bonnie Brae Malone County Inc., Owner, and Chet Leugers
of Pacheco Koch, Applicant, have applied for a zoning change for approximately 12.97 acres of
property legally described in Exhibit "A" and of which the location is shown in Exhibit "B",
attached hereto and incorporated herein by reference (hereinafter, the 66Property99) frorn a RCC-D
District to a NRMU District; and
WHEREAS, on November 30, 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 (6-0) of the change in zoning district and use
classification from RCC-D to N U; and
WHEREAS, on February 7, 2017, the City Council likewise conducted a public hearing as
required by law, and hereby 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 praperty,
have determined that the proposed use is in the best interest af the health, safety, morals, and
general welfare of the City of Denton, and accardingly, the City Council of the City of Denton is
of the opinion and finds that said zaning change is in the public interest and should be granted as
set forth herein; NOW THEREFORE,
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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 far the Property is hereby changed
from Regional Center Cammercial Downtown (RCC-D) to Neighborhoad Residential Mixed Use
(NRMU).
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning district and use classificatian 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 nat affect the validity of the
provisions or applications, and to this end the provisians of this ordinance are severable.
SECTION 5. Any person, firm, partnership or corporation violating any pravisian of this
ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by
fine in a surn not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. That an offense comrnitted before the effective date of this ordinance is
governed by prior law and the provisions ofthe Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. In compliance with Section 2.09(c} of the Denton Charter, this ordinance
shall become effective fourteen (14) days frorn the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the _�� day of �"�"��� �����`���� �� �� , 2017,
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CHRI�" �"v��1 T '�: MAYOR
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BY. � � �' �i � �� ��� � `�.. �``���. ,, kt�"�,�,:�/.�-
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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D�SCRIP7141V, of a 12.562 acre (547,182 square fpot} tract af land situated in the J.S. Colfard Survey,
A�stract No. 297, Cify of Denton, C�enton County, iexas, said tract being part nf the remainder of a 14.198
acre fract described in Warranty L7eed tn Bonnie Bra� Malone Caunty, Inc., � Nevada Corparafoon, as
Trustee of the C�T[ F'roperty Trust, recorded in Instrument No. 2005-5024$ af the C7fficial Public Records,
benian County, Texas, said 12.970 acre tract being more particularly described as folfows:
BEGtNNItVG, at a 5/8-inch iron rad faund in #he sauthwest right-of-way line of Nartt� E1m Street (aka US
Highway 77) and the west line of said 14.198 acre tract; said point being the northeast corner of a 22.537
acre tr�Ct descri�ied ir� Special Warranty deed to Brentwaod F'lace Qevelopment, Ltd., recorded in
Instrument No. 2015-123929 af said Official Public Records; from which an aluminum TXC��T monument
found on the soukhwest right-of-w�y line of said North Elm 5treef bear� North 58 degrees, 44 minutes, 55
s�conds West, a distance of 1989.68 f�et, and Rlorth 7� degrees, 17 minutes, 05 seconds West, a distance
af 9 00. Qp feet;
THENCE, Sc�uth 58 degrees, A4 minutes, 55 seconds East, departing the West line af said 14.198 acre
tract, alang said southwest right-of-way �ine of North Elm Street, a distance of 1314.62 feet to a pcaint for
corner;
THENCE, South �O d�grees, 30 minutes, 38 seconds West, departing th� southwest right-of-way line of
said Narth Elm Street, a distance of 152.11 feei ta a point fior- carner in the middle of Riney Road, the south
line af said 14.198 acre traet and fihe south line of said Collard SurVey, from which an aluminum TXDdT
monument found on the said southwesi right-of-way line of North Elm Street bears, Sauth 89 degrees, 19
minutes, 56 seconds East, a distance of 1i2.97 feet, Soufh 00 degrees, 40 minutes, 29 seconds West, a
distance of 40AO feet, South 89 degrees, 19 minutes, 5fi seconds East, a distance af 151.68 fieet, South
56 degrees, 44 minutes, 5� se�onds �ast, a distance af 779.p2 feet, South 3"� ci�grees, 15 minutes, p5
seconds West, a distance of 1q.0(7 feel and Souf.ttt 58 degrees, 44 m+nutes, 55 seconds �ast, a distanca of
48Q.00 feet;
THENCE, Narth 89 degrees, 19 minutes, 66 secands Wes� with the south line af said 14.198 acre tract and
the sauth line af said Callard Survey, alang or near the middle af said l�iney Road, a distance of 1123.G4
f�et to a point for th� Sauthwest rarner t�f said 14.198 �cre tract and the southeast corner c�f said 22.537
acre tract;
TMENCE, North Oo degrees, a4 minutes, 25 seconds �ast with the west line of said 14.198 acre tracfi and
the east line of said 22.537 acre tract, �t a distance of 16,6 feet passing a wnod fence corner post on the
north side of saic! Riney Road, continuing alrang said course, along or near a wire fenee, at a distance of
437.�0 feet passing a 5/8-inch iran rod found, continuing along said caurse and ssid wire fence, a total
disk�n�e of 821,03 feet ta the PdINi OF �EGINNING,
CONTAINING: �2.562 acres or 547,181 square feet of land, mnr� or less.