2017-391S:\Lega1\0ur Documents\Ordinances\17\Z17-0016 Ordinance.docx
ORDINANCE NO. X��
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CAAJIGE 1ATAE
ZONING CLASSIFICATION r • ,; r . .EMPLOYMENT
DISTRICT TO A NEIGHBORHOOD RESIDENTIAL MIXED-USE (NRMU) DISTRICT ON
APPROXIMATELY ACRES OF . / GENERALLY LOCATED ON •
SIDE OF WEST OAK STREET APPROXIMATELY 290 FEET WEST OF THE INTERSTATE
HIGHWAY 35 SERVICE `' OF
, • COUNTY,
ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
(Z17-
0016)
WHEREAS, Rayzor Investments Ltd. has applied for a zoning change on approximately
71.76 acres of land legally described and depicted in Exhibit A, attached hereto and incorporated
herein by reference (hereinafter, "the Property"); and
WHEREAS, on November 8, 2017, 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 [4-3] of the change in zoning and use classification
with; and
WHEREAS, on December 5, 2017, 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 an initial 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 initial zoning is in the public interest and should be granted as set forth
herein; NOW THEREFORE,
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 District to NRMU District.
I:_CTION 3, The City's official zoning map is hereby amended to show 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 ,5fk day of , 2017.
Cl -WATTS, MAYOR
ATTEST:
JENNIFER WAL"I"FRS, CITY SECRETARY
NOW
PP ) l',1) ASITO LEGAL FORM:
AAO. LEAL, CITY ATTORNEY
BY:
Exhibit A
Site Location Map
Texas, and being part of "Section 3" "TRACT TWO" and "TRACT THREE" described In Special Warranty Deed
Jess Newton Rayzor, the Estate of Sewyn Rayzor Singleton, Evelyn Rayzor ■Neinhuis, and June Rayzor Elli
recorded in Volume 1796, Page 601 Deed Records of Denton County, Texas, and being all of those tracts of la
described in Warranty Deeds to RAYZOR INVESTMENTS, LTD., recorded in Instrument Nos. 2007-20903
ascribed as follows:
2007-20904, Official Records of Denton County, Texas and being more particularly dFM
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North 711215" East, a distance of 102.26 feet to a point at the beginning of a tangent curve to the left having a
central angle of 19*29'54", a radius of 512.50 feet, a chord bearing and distance of North 2'32'42" West,
173.57 feet;
In a northwesterly direction, with said curve to the left, an arc distance of 174.41 feet to a point for corner;
North 12'17'40" West, a distance of 145.70 feet to a point at the beginning of a tangent curve to the right
West, 119.39 feet;
In a northwesterly direction, with said Curve to the right, an arc distance of 119,64 feel to a point for corner;
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a central angle of 21*5247a radius Of 536.50 feet, a chord bearing and distance of North 11*23'54" East,
203.63 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 204.88 feet to a point for corner;
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In a southeasterly direction, with said curve to the left, an arc distance of 651.98 feet to a point for corner;
North 67'42'01" East, a distance of 225.02 feet to a point for corner at the intersection of said south
Jght-of-way line of West On Street and the west right-of-way line of the Kansas City Southern Railroad;
EXHIBIT
71.76 ACRES
EUGENE PUCHALSKI SURVEY,
ABSTRACT NO. 996
QIW OF QEWTOW-Ki i4TY,-TE)bk&
THENCE with said west right-of-way line of the Kansas City Southern Railroad, the following courses and distances:
South 22'24'01" East, a distance of 879.63 feet to a point for corner;
South 89°07'01" East, a distance of 27.22 feet to a point for corner;
South 22'24'01" East, a distance of 1073.27 feet to a point for corner;
South 16'45'10" East, a distance of 230.32 feet to a point for the north corner of Lot 1, Block 1, Denton
Distribution Center, an addition to the City of Denton according to the plat recorded in Cabinet M, Page 130 of
said Plat Records;
THENCE departing said west right-of-way line of the Kansas City Southern Railroad and with the north line of said
Lot 1, Block 1, the following courses and distances:
South 60'02'59" West, a distance of 244.47 feet to a point at the beginning of a tangent curve to the left having
a central angle of 14'52'31", a radius of 1155.92 feet, a chord bearing and distance of South 52'38'45" West,
299.26 feet;
In a southwesterly direction, with said curve to the left, an arc distance of 300.10 feet to a point for the
northeast corner of Tract B, Better Tools Property, an addition to the City of Denton according to the plat
recorded in Cabinet A, Page 118 of said Plat Records;
THENCE departing said north line of Lot 1, Block 1 and with the north line of said Better Tools Property, North
89'03'53" West, a distance of 1303.23 feet to the POINT OF BEGINNING and containing 71.76 acres of land.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is
not to be used to convey or establish interests in real property except those rights and interests implied or
established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
EXHIBIT
71.76 ACRES
EUGENE PUCHALSKI SURVEY,
ABSTRACT NO. 996
CITY OF DENTON, DENTON COUNTY, TEXAS
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NOTES
This document was
prepared under 22 TAC
§6363.21, does not reflect
the results of an on the
ground survey, and is not to
be used to convey or
establish Interests in real
property except those rights
c-"3 sr
PIREC00N DIME
02 24, �A PC I MF WIPM. 1A1JC P -11r OP 11
UWA. M tl, it 0 C Yr
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PROC I
114
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EXHIBIT
71.76 ACRES
EUGENE PUCHALSKI SURVEY,
ABSTRACT NO. 996
CITY OF DENTON, DENTON COUNTY, TEXAS
5EM-
10.
x—,— and interests implied or
established by the creation
almw
or reconfiguration of the
2 F 27
X boundary of the political
subdivision for which it was
prepared.
111M.011161C 1141M,
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c-"3 sr
PIREC00N DIME
02 24, �A PC I MF WIPM. 1A1JC P -11r OP 11
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PROC I
114
1,11,111-0.'e—IlHil-b
EXHIBIT
71.76 ACRES
EUGENE PUCHALSKI SURVEY,
ABSTRACT NO. 996
CITY OF DENTON, DENTON COUNTY, TEXAS
5EM-
10.