ZCI19-0005a�i:tLe�,ak\C3ur L7crcumc=xrtst43rdiri�nces\19\I�;�1 �3-Q()OS �rrcrt S.dacx
•'� . • • 1�1 .
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING
DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER R.ESIDENTIAL 1
(RCR-1) AND REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) TO THE
HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED
UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA1$-0009Q), ON
APPROXTMATELY 36.5$ ACRES OF LAND, GENERALLY LOCATED WEST OF STATE
SCHOOL ROAD AND SOUTH OF I-35E 1N THE CITY OF DENTON, DENTON COUNTY,
TEXAS; AMENDING THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-
0005)
WHEREAS, the City of Denton is initiating a change in the zoning district and use
classification from Regional Center Residential 1(RCR-1) and Regional Center Commercial
Downtown (RCC-D) to the Highway Corridor (HC) zoning district and use classification defined
under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 3$.26
acres of land legally described in Exhibit "A" and generally depicted in the map in Exhibit "B",
both of which are attached hereto and incorporated herein by reference (hereinafter, bbthe
Property99); and
WHEREAS, on May 29, 2019, the Planning and Zoning Commission, 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 owners interested in this regard, has
recommended approval 6-0 of the change in the zoning district and use classification; and
WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as
required by law and upon consideration, the City Council hereby f�nds 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 Commission and the City Council, in considering
the change in the zoning district and use classification, have determined that the proposed change
is in the best interest of the health, safety, morals, and general welfare af the City of Denton and
its citizens; and
WHEREAS, the City Council of the City of Denton �nds 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:
SECTION 1. The fndings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
�l;s� 'm"T��N ?, The zaning district and use classification for the Property is hereby changed
from the Regional Center Residential 1(RCR-1) and Regional Center Commercial Downtown
(RCC-D) to a Highway Corridor (HC) zoning district and use classification deiined 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 classifcation.
SECTION 4. Any person, frm, 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 fling 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
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.
The motiot� ��7 K.�p��a�°�:��✓c� t��i.� a�t°�:�inance was made by w... �_�"�f"�l ���, � �,��� ------ and
seconded b � ��.� � "...�: � � ����' � -- -- � the orcNi��r�r��,� w���� �.�������,�� ���� ��:���a�c���d by
Y ..—_ � � �� � � �� .: �' �
I��� 1�19�����ww�a�� � wr°��1�. �.... ,,.,.
Ave N�a � Abstain Absent
Chris Watts, Mayor: ��'"
Gerard Hudspeth, District 1: ���°""'�������
Keely G. Briggs, District 2: w y°"'
Jesse Davis, District 3: �'"`
John Ryan, District 4: mwmwmwmw��m���°'m"�w
Deb Armintor, At Large Place 5: _www����=
Paul Meltzer, At Large Place 6: �",
PASSED AND APPROVED this the ,�,� �' � � r u�� �` ;�'� b__ _____W __ � 2019.
,�� day of � � ------........_
�,M
ATTEST:
ROSA RIOS, CITY SECRETARY
BY�" ' ���� ' ° � ' �
a w:,�„,� �. � � :���-,�, � � �� � _ ._____ —_____._ n m ..
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY /c/ ,TPrry T��•��I��
'�� �,� �... �� � ��.,, .��
� ..�
_,......mm
CHRIS WATTS, MAYOR ��
�
���
�
I Di7 i�17�I1
All that certain triangular shaped tract or parcel of land situated in the MEP & PR.R Survey,
Abstract 950, Denton County, Texas, lying Southwest of and adjacent to the Southwest right-
of-way of Interstate Highway 35E, being a part of a certain tract conveyed by H. E. Smith to
the Foxworth-Galbraith Lumber Company by a deed dated November 3, 1961, recorded in
Volume 474, Page 491, Deed Records of Denton County and being more particularly described
as follows:
BEGINNING at a fence corner at the Northwest corner of a tract in said survey deeded by
Charles Runyon to T. L. Caruthers on September 22, 1964, recorded in Volume 514, Page
533, said Deed Records.
THENCE N. 38° 52' E, 345.4 feet to a steel pin on the Southwest right-of-way af said
Highway;
THENCE S. 50° 26' E, with said right-of-way 400.0 feet to the Northwest corner of said
Caruthers tract;
THENCE S. 88° 57' W, with Caruthers North line along a fence most of the way 520.0
feet to the place of beginning, cantaining in all 1.570 acres of land, is commonly known as
DCAD Property ID No. 162862.
2. Being Lot 2, Block A, Jostens Addition as recorded in Cabinet H, Page 362, Plat Records,
Denton County, Texas. And being the same property addressed at 3500 S I35E Denton, Texas,
is commonly known as DCAD Property ID No. 162646.
3. Being a tract of land situated in the M.E.P. & P.R.R. Survey, Abstract No. 950, Denton County,
Texas, and being a portion of that tract of land described as deed to Denton Security
Investment, Inc., as recorded in Volume 4134 page 600, Deed Records of Denton County,
Texas (DRDCT) and being more particularly described as follows;
BEGINNING for the East corner of the tract being described herein at an iron pin found
set In concrete in the southwest right-of-way at Interstate Highway 35 East, said corner
being the most northern carner of tract the 1.570 acres described in deed to Jostens Inc., as
recorded in Volume 571, Page 39, of Deed Records, Denton County, Texas;
THENCE S 38° 23' 25" W, a distance of 345.37 feet to a point for a corner;
THENCE S 02° 39' 2499 W, a distance of 270 feet to a point for a corner, being the northeast
corner of Lot 12A, Block B, The Parks at Unicorn Lake, being recorded in Cabinet Y Page
686, Plat Records, Denton County, Texas;
THENCE N 49° 57' 2299 W, along the north line of said Lot 12A, a distance of 367.27 feet
to a point for a corner being on the east line of Lot 2R, Block B, Unicorn Lake, being
recorded by Instrument No. 2011-142, Plat Records, Denton Caunty, Texas;
THENCE N 40° 02' 3899 E, along the east line of said Unicorn Lake Addition, a distance
of 553.57 feet to a point for a corner;
THENCE S 49° 57' E, a distance of 194 feet to the Point of Beginning and contain a total
of 2.9 acres, is commonly known as DCAD Proper^ly ID No. 39175.
4. Being Lot 1R, Block B, Unicorn Lake Addition as recorded by Instrument No. 2011-142, Plat
Recards, Denton County, Texas. And being the same praperty addressed at 3300 Wind River
Ln. Denton, Texas, is commonly known as DCAD Property ID No. 282709.
5. All that certain 3.735 acre tract or parcel of land situated in the MEP & PRR Survey, Abstract
950, Denton County, Texas, being part of the 14.531 acre tract conveyed to Josten's, Inc. from
T.L. Caruthers as recorded in Volume 571, Page 42, Deed Records, Denton County, Texas
said 3.735 acres and being more particularly described as follows:
BEGINNING at a point at the northwest corner of the intersection Interstate 35 East and
Regal Road.
THENCE South 19° 34' East, along the west line of said Regal Road a distance of 329.5
feet to a point for a corner being the most eastern corner of Lot 2 Block A, Jostens Addition,
as recorded in Cabinet H Page 362, Plat Records, Denton County, Texas;
THENCE North 52° 30' West, along an east line of said Lot 2, a distance of 531.43 to paint
for a corner being an interior corner of said Lot 2;
THENCE North 52° 37' East, along an east line of said Lot 2, a distance of 385.36 feet to
a point for a corner being a northeast corner of said Lot 2 and on the south line of said
Interstate 35 East;
THENCE Southeasterly along the south line of said Interstate 35 East, a curve to the right
a distance of approximately 328 feet to a point for a carner on the sauth line af said
Interstate 35 East;
THENCE South 49° 54' East, along the south line of said Interstate 35 East, a distance of
11.25 feet to the place of beginning, containing in all 3.735 acres of land, is commonly
known as DCAD Pr^operty ID No. 39195.
6. Being Lat 2R, Block B, Unicorn Lake Additian as recorded by Instrument No. 2011-142, Plat
Records, Denton County, Texas. And being the same property addressed at 3200 Wind River
Ln. Denton, Texas, is commonly known as DCAD Property ID No. 282710.
7. Being Lat 1, Block A, Actian Carpet Addition as recorded in Cabinet N, Page 355, Plat
Recards, Denton County, Texas. And being the same property addressed at 3008 S I35E
Dentan, Texas, is cammanly known as DCAD Property ID No. 195338.
8. Being Lot 1, Block 1, Achievers Gymnastic Addition as recorded by Instrument Na. 1999-
125552, Plat Records, Denton County, Texas. And being the same property addressed at 3014
S I35E Denton, Texas, is commonly known as DCAD Property ID No. 33066.
9. Being Lot 1, Block A, Bone Daddy's Ddenton as recarded by Instrument No. 2015-123, Plat
Records, Dentan Caunty, Texas. And being the same property addressed at 3528 S I35E
Denton, Texas, is commonly known as DCAD Property ID No. 659973.
10. Being Lat 1, Block A, BJ'S Brewery Addition as recorded by Instrument No. 2014-29, Plat
Records, Dentan County, Texas. And being the same property addressed at 3250 S I35E
Denton, Texas, is commonly knawn as DCAD Property ID Na. 633163.
11. Being Lot 1, Block A, Denton Commons Addition as recorded by Instrument No. 2018-6, Plat
Recards, Denton Caunty, Texas. And being the same property addressed at 3180 S I-35E
Denton, Texas, is commonly known as DCAD Proper^ty ID No. 725122.
12. Being Lot 2, Black A, Dentan Commons Addition as recorded by Instrument No. 2018-6, Plat
Records, Denton Caunty, Texas. And being the same property addressed at 3190 S I-35E
Denton, Texas, is commonly known as DCAD Property ID No. 725123.
13. Being Lot 8, Block A, BUC-EE'S #39 Subdivision Additian as recarded by Instrument No.
2016-2074, Plat Records, Denton County, Texas. And being the same property addressed at
2940 I35E Denton, Texas, is commonly known as 17CAD Property ID Na. 724039.