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WHEREAS, the City af Denton is initiating a change in the zoning district and use
classifcation from Regional Center Residential 1(RCR-1) to the Highway Corridar (HC) zaning
district and use classification defined under the 2019 Denton Development Code (Ordinance
DCA1$-0009q) on appraxirnately 1.$8 acres af land legally described in Exhibit "A" and
generally depicted in the map in Exhibit "B", both af which are attached hereto and incorporated
herein by reference (hereinafter, "the Property99); and
WHEREAS, on May 29, 2019, the Planning and Zoning Cammission, in compliance with
the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and
after holding due full and fair hearings and to all property awners interested in this regard, has
recammended approval 6-0 af the change in the zoning district and use classifcatian; and
WHEREAS, an June 11, 2019, the City Council likewise conducted a public hearing as
required by law, and upan consideratian, the City Council hereby finds that the request is
consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q),
and federal, state, and local law; and
WHEREAS, the Planning and Zoning Commissian and the City Council, in considering
the change in the zoning district and use classification, have determined that the praposed change
is in the best interest af the health, safety, morals, and general welfare of the City of Denton and
its citizens; and
WHEREAS, the City Council of the City of Denton finds that the change in the zoning
district and use classification should be granted as set forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTIONmmml . The findings and recitations cantained in the preamble af this ordinance are
incarparated herein by reference and faund to he true.
�N: �"'I"��:)'� '�m The zoning district and use classification for the Property is hereby changed
from the Regianal Center Residential 1(RCR-1) to a Highway Corridor (HC) zoning district and
use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q).
SECTION 3. The City's official zoning map is hereby amended to show the zoning district
and use classification.
SECTION 4. Any person, firm, entity or corporation violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each
day that a provision of this ordinance is violated shall constitute a separate and distinct offense.
The penal provisions imposed under this Ordinance shall not preclude Denton from iiling suit to
enjoin the violation and it retains all legal rights and remedies available to it under local, state and
federal law.
SECTION 5. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall affect the validity of the provisions
or applications, and to this end the provisions of this ordinance are severable.
SECTION 6. That an offense committed before the effective date of this ordinance is
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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 take effect on October 1, 2019, a date more than 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.
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���������i��' ��d�� ���a�����am� t�� �����.�P���.���t���:;���rdinance was madhebordin nce was ���"..�..��:... pp ..... and
�. , _„; M a�ed and a roved by
l��c� ��all�r�°i���, vt�t� � �,� �� �?�..I;
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the
Ave N�a � Abstain Absent
�����'� �� day of ���,� ���` � a,�� --ry 2019.
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CHRIS WATTS, . ���YOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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BY �.������ .. . �;� � �, . � �,;��� ..� -----...
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY. /s/ Jerrv E. Drake� Tr.
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1. All that certain tract or parcel af land situated in the G. Walker Survey, Abstract 1330, Denton
County, Texas, being part of the 7.5650 acre tract conveyed to Utter Properties, LLC., from
Southwest Land Investments Partnership, Ltd., as recorded be Caunty Clerk Instrument
Number 1996-66237, Real Property Records, Dentan Caunty, Texas and being more
particularly described as fallows:
BEGINNING at a paint being the northwest corner of Lat 1, Block A, Bill Utter Ford
Addition, as recorded in Cabinet P, Page 357, Plat Records, Denton Caunty, Texas, and
being on the east line of Post Oak Drive;
THENCE Narth 88° 42' 4499 East, along the north line of said Lot 1, a distance of 30 feet
ta a poini for a corner;
THENCE Narth OS° 22' 2399 East, along the east line of said Post Oak Drive a distance of
140.$2 feet to a point for a corner, being the northeast corner of the herein described tract
and being on the south line af Shady Shares Road;
THENCE Sauth 80° 41' 1699 East, alang the south line of said Shady Shares Road, a
distance of 418.78 ta point far a corner, being northeast corner of the herein described tract;
THENCE Sauth 00° 39' 1299 East, passing at 62.84 the nartheast corner of said Lot 1 and
cantinuing alang the east line of said Lot 1, a total distance of approximately 157 feet to a
paint for a corner and being the southeast corner of the herein described tract;
THENCE Westerly, across said Lat 2 a distance of appraximately 541 feet ta a paint far a
carner on the west line of said Lot 1, being on the east line of said Post Oak Drive and
being the sauthwest corner af the herein described tract;
THENCE North 43° 53' 0999 East, along the east line of said Past Oak Drive and the west
line of said Lot 1, a distance of approximately 120 feet to the place ofbeginning, containing
in all appraximately 2.0 acres of land, is commanly knawn as DCAD Properry ID No.
38919.
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