ZCI19-0018a�S:\N.,e�;aliC)ur po�:umcnts\�ledinaneest19t7..�'d19-0(?18 l4,eea 18.dac�
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANG 1NG THE ZONING
DISTRICT AND USE CLASSIFICATION FROM COMMUNITY MIXED USE GENERAL
(CM-G) TO THE MIXED-USE NEIGHBORHOOD (MN) ZONING DISTRICT AND USE
CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE
(ORDINANCE DCA1$-0009Q), ON APPROXIMATELY 9.24 ACRES OF LAND,
GENERALLY LOCATED ON THE NORTHEAST CORNER OF SAM BASS BOULEVARD
AND LONDONDERRY LANE IN 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; PROVIDINC FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0018)
WHEREAS, the City of Denton is initiating a change in the zoning district and use
classification from Community Mixed Use General (CM-G) to the Mixed-Use Neighborhood
(MN) zoning district and use classification defined under the 2019 Denton Development Code
(Ordinance DCA18-0009q) on approximately 9.24 acres of land legally described in Exhibit "A"
and generally depicted in the map in Exhibit 66B", both of which are attached hereto and
incorporated herein by reference (hereinafter, "the 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 classi�cation; 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 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 Commission and the City Council, in considering
the change in the zoning district and use classifcation, have determined that the proposed change
is in the best interest of the health, safety, morals, and general welfare 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:
SECTION 1 LL The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
���(�;'°�'1�� '�. The zoning district and use classiiication for the Property is hereby changed
from Community Mixed Use General (CM-G) to a Mixed-Use Neighborhood (MN) zoning
district and use classi�cation defined under the 2019 Denton Development Code (Ordinance
DCA 18-0009q).
�T���'1'�������'�� The City's official zoning map is hereby amended to show the zoning district
and use classification.
"��:��,""I"��7k� �. 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 f�ling suit to
enjoin the violation and it retains all legal rights and remedies available to it under local, state and
federal law.
�1. C I I(w};� 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 farmer law is continued in effect for this purpose.
���"T14.)�d ?. In campliance 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.
� �� � at�hebardinan e�Wwasµpas ed�and �approved Illm���
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The motion (a� �� �� ��v�, this ordinance was m _
seconded b g......�. . .. __� `�.���� �� ��. �C �� � .... , ...�x by
the followin vote � �'
A��e Nay Abstain Absent
Chris Watts, Mayor: _ �;��!
Gerard Hudspeth, District 1: ���
Keely G. Briggs, District 2: �>°0_
Jesse Davis, District 3: ��
John Ryan, District 4: _ _w_
Deb Armintor, At Large Place 5: ��
Paul Meltzer, At Large Place 6: ��'�
PASSED AND APPROVED this the ��r''���. day of _��'�'�°�� . � 2019.
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CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
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BY �� �' � �� � � ��� +
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
$Y /G/ :Terrv F, l�rake_ Tr
Exhibit A
All that certain tract or parcel of land being 4.626 acres of land and being 3.671 acres out of
the A. HILL SURVEY, ABSTRACT NO. 623, and 0.955 acre out of the S.C. HIRAM
SURVEY, ABSTRACT NO. 616, and also being 4.007 acres out of 5.300 acre tract recorded
in volume 642, Page 98 of the Deed Records of Denton County, Texas, and also being 0.619
acre out of 10.304 acre tract recorded in Volume 642, Page 96 of the Deed Records of Denton
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the East right of way line of Sam Bass Boulevard, said point
being also in the North line of above referred to 5.300 acre tract and being North 89 degrees
23 minutes 50 seconds East 52.0 feet from the Northwest comer af above referenced 5.300
acre tract, for the Northwest comer of this tract;
THENCE North 89 degrees 23 minutes 50 seconds East 98.17 feet along North line of said
5.300 acre tract to a point for an angle point in this tract;
THENCE North 88 degrees 32 minutes 09 seconds East along said North line of 5.300 acre
tract and passing at its Northeast comer at approximately 155.6 feet and continuing on a
total distance of 194.86 feet to a point for the Northeast comer of this tract;
THENCE South 00 degrees 24 minutes 00 seconds East 689.96 feet to a point in the North
right of way line of Londonderry Lane for the Southeast comer of this tract;
THENCE South 88 degrees 32 minutes 45 seconds West 243.04 feet along said North right
of way line of Londonderry Lane to a point for an angle point of this tract, said point also
being the beginning of a curve having a radius of 49.10 feet and a length of i8.03 feet;
THENCE along said curve a total distance of 78.03 feet to the end of said curve, said point
being in the East right of way line of Sam Bass Boulevard;
THENCE North 00 degrees 24 minutes West 641.38 feet along said East right of way line
of Sam Bass Boulevard to the PLACE OF BEGINNING; and containing 4.626 acres of
land, more or less, is commonly known as DCAD Property ID No. 33305. (See Tract
161560)
2. All that certain tract of land situated in the A. Hill Survey Abstract Number 623 and the S. C.
Hirams Survey Abstract Number 616, City of Denton, Denton County, Texas and being all of
the called 4.586 acre tract described in the deed from Tajico Travel, Inc. to Lawrence H. Bame,
recorded under Clerk's File Number 94-R0038701 of the Real Property Records of Denton
County, Texas; the subject tract being more particularly described as follows:
BEGINNING for the Southwest comer of the tract being described herein at a 1/2 inch iron
rod found at the Southwest comer of the said 4.586 acre tract and the Southeast comer of
the called 4.6300 acre tract described in the deed from The Fallas Partnership to Tjahjadi
Tjandramulia recorded under Clerk's File Number 94-R0080744 of the said Real Property
Records on the North right-of-way of Londonderry Lane from which a 3/8 inch iron rod
found bears North 37 Degrees 54 Minutes East a distance of 1.5 feet;
THENCE North 00 Degrees 24 Minutes 30 Seconds West, one foot West of a curb with
the common line between the said 4.586 acre tract and the 4.6300 acre tract, a distance of
690.00 feet to a'/z inch iron rod found at the Northeast comer thereof from which a 3/8
inch iron rod found bears South 50 Degrees 30 Minutes East a distance of 1.0 feet;
THENCE North 88 Degrees 52 Minutes 48 Seconds East with the North line of the 4.5$6
acre tract a distance of 289.48 feet to a 1/2 inch iron rod found at the Northeast comer
thereof from which a'/2 inch iron rod found bears North 79 Degrees 47 Minutes OS Seconds
East a distance of 0.2 feet;
THENCE South 00 Degrees 31 Minutes 26 Seconds East with the East line of the 4.586
acre tract a distance of 687.90 feet to 1/2 inch iron rod found at the Southeast comer thereof
on the North right-of-way of Londonderry Lane from which a 3/$ inch iron rod found bears
North 00 Degrees 54 Minutes West a distance of 1.2 feet;
THENCE South 88 Degrees 28 Minutes 12 Seconds West with the North right-of-way of
Londonderry Lane and the South line of the 4.586 acre tract a distance of 290.90 feet to
the PLACE OF BEGINNING and enclosing 4.589 acres of land, is commonly known as
DCAD Property ID No. 33311. (See Tract 161561)
3. All that certain tract of land situated in the A. Hill Survey Abstract Number 623 and the S. C.
Hirams Survey Abstract Number 616, City of Denton, Denton County, Texas and being all of
the called 4.586 acre tract described in the deed from Tajico Travel, Inc. to Lawrence H. Bame,
recorded under Clerk's File Number 94-R0038701 of the Real Property Records of Denton
County, Texas; the subject tract being more particularly described as follows:
BEGINNING for the Southwest comer of the tract being described herein at a 1/2 inch iron
rod found at the Southwest comer of the said 4.5$6 acre tract and the Southeast comer of
the called 4.6300 acre tract described in the deed from The Fallas Partnership to Tjahjadi
Tjandramulia recorded under Clerk's File Number 94-R0080744 of the said Real Property
Records on the North right-of-way of Londonderry Lane from which a 3/8 inch iron rod
found bears North 37 Degrees 54 Minutes East a distance of 1.5 feet;
THENCE North 00 Degrees 24 Minutes 30 Seconds West, one foot West of a curb with
the common line between the said 4.586 acre tract and the 4.6300 acre tract, a distance of
690.00 feet to a%a inch iron rod found at the Northeast comer thereof from which a 3/8
inch iron rod found bears South 50 Degrees 30 Minutes East a distance of 1.0 feet;
THENCE North 88 Degrees 52 Minutes 48 Seconds East with the North line of the 4.586
acre tract a distance of 289.48 feet to a 1/2 inch iron rod found at the Northeast comer
thereof from which a'/z inch iron rod found bears North 79 Degrees 47 Minutes OS Seconds
East a distance af 0.2 feet;
THENCE South 00 Degrees 31 Minutes 26 Seconds East with the East line of the 4.586
acre tract a distance of 687.90 feet to 1/2 inch iron rod found at the Southeast comer thereof
on the North right-of-way of Londonderry Lane from which a 3/8 inch iron rod found bears
North 00 Degrees 54 Minutes West a distance of 1.2 feet;
THENCE South 88 Degrees 28 Minutes 12 Seconds West with the North right-of-way of
Londonderry Lane and the South line of the 4.586 acre tract a distance of 290.90 feet to
the PLACE OF BEGINNING and enclosing 4.589 acres of land, is commonly known as
DCAD Property ID No. 161561.
4. All that certain tract or parcel of land being 4.626 acres of land and being 3.671 acres out of
the A. HILL SURVEY, ABSTRACT NO. 623, and 0.955 acre out of the S.C. HIRAM
SURVEY, ABSTRACT NO. 616, and also being 4.007 acres out of 5.300 acre tract recorded
in volume 642, Page 98 of the Deed Records of Denton County, Texas, and also being 0.619
acre out of 10.304 acre tract recorded in Volume 642, Page 96 of the Deed Records of Denton
County, Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a point in the East right of way line of Sam Bass Boulevard, said paint
being also in the North line of above referred to 5.300 acre tract and being North 89 degrees
23 minutes 50 seconds East 52.0 feet from the Northwest comer of above referenced 5.300
acre tract, for the Northwest comer of this tract;
THENCE North 89 degrees 23 minutes 50 seconds East 98.17 feet along North line of said
5.300 acre tract to a point for an angle point in this tract;
THENCE North 88 degrees 32 minutes 09 seconds East along said North line of 5.300 acre
tract and passing at its Northeast comer at approximately 155.6 feet and continuing on a
total distance of 194.86 feet to a point for the Northeast comer of this tract;
THENCE South 00 degrees 24 minutes 00 seconds East 689.96 feet to a point in the Narth
right of way line of Londonderry Lane for the Southeast comer of this tract;
THENCE South 88 degrees 32 minutes 45 seconds West 243.04 feet along said North right
of way line of Londonderry Lane to a point for an angle point of this tract, said point also
being the beginning of a curve having a radius of 49.10 feet and a length of 78.03 feet;
THENCE along said curve a total distance of 78.03 feet to the end of said curve, said point
being in the East right of way line of Sam Bass Baulevard;
THENCE North 00 degrees 24 minutes West 641.38 feet along said East right of way line
of Sam Bass Boulevard to the PLACE OF BEGINNING; and containing 4.626 acres of
land, more or less, is commonly known as DCAD Property ID No. 161560.
f �.