ZCI19-0021a,S:\I.,egaltG�ur➢�ocun7errtstCJrdwnac�ces\19t'd.,�d19-(?021 A,rea2i.dacx
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING
DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL
(DC-G) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE
CLASSIFICATION DEFINED UNDER THE DENTON DEVELOPMENT CODE
(ORDINANCE DCA18-0009Q), ON APPROXIMATELY 23.16 ACRES OF LAND,
GENERALLY LOCATED NORTH OF I-35E AND EAST OF FORT WORTH DRIVE 1N THE
CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CITY'S OFFICIAL
ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00
FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE. (ZCI19-0021)
WHEREAS, the City of Denton is initiating a change in the zoning district and use
classification from Downtown Commercial General (DC-G) to the Suburban Corridor (SC)
zoning district and use classification defined under the 2019 Denton Development Code
(Ordinance DCA1$-0009q) on approximately 23.16 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, "the Property"); 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 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 classification, have determined that the proposed change
is in the best interest of 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:
SEC„TIONmmI_w 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 classification for the Property is hereby changed
from Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and
use classifcation defined under 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 filing 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, Sections 2 and 3
of 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 i��a�l�<��,� to ��}����aav� this ordinance was made by m,� �s�� ���"�i��,� m and
seconded by ���`�� �� ��"_��''��� �"���,.' �, ___ m ; the ordinance was pa,���d and approved by
the following vote q � � ' �:�
A��e N� Abstain Absent
Chris Watts, Mayor: ��"'�
Gerard Hudspeth, District 1: ������°'�'��f
Keely G. Briggs, District 2: �"�r m
Jesse Davis, District 3: ��'
John Ryan, District 4: mIT_ ���
Deb Armintor, At Large Place 5: �'°�
Paul Meltzer, At Large Place 6: �w_ „��f
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PASSED AND APPROVED this the , f �
__.��� �Y���__, day of � ' �"� ��� �����° "'........��.�.... 2019.
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CHRIS �"�^�°l""l��;w P'��,'�OR
ATTEST:
ROSA RIOS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM: �� "��� '� � �� � � �
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AARON LEAL, CITY ATTORNEY �� ���'� �� �'�� � ���
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BY: /s/ Jerrv E. Drake, Jr.
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1. All that certain 0.281 acre tract or parcel of land situated in the A. HILL SURVEY,
ABSTRACT No. 623, Denton County, Texas• said tract being shown by Deed to Turner
knight, recorded in Volume 341, Page 363, Deed Records, Denton County, Texas, and being
more particularly described as follows:
BEGINNING for the Southeast corner of this tract at an iron pin found, said corner being
the Southeast corner of said Knight tract, said corner also being the Northeast corner of a
tract shown by Deed to John c. Roberts. Jr. and recorded ln Volume 539, Page 86, Deed
Records of Denton County, Texas;
THENCE South 89 degrees 23 minutes 00 seconds West, with the South line of said Knight
tract a distance of 116.42 feet to a spike on the East Right-of-Way of State Highway 377
(Carroll Boulevard);
THENCE Northeasterly with a curve to the left whose radius is 11,518.$3 feet, arc 149.90
feet (chord North 21 degrees O1 minutes 46 seconds East 149.90 feet) to railroad spike for
the Northwest corner of said Knight tract;
THENCE South 89 degrees 49 minutes 14 seconds East, a distance of 60.0 feet to an iron
pin set on the West line of Myrtle Street;
THENCE South O1 degrees OS minutes 00 seconds East, with Myrtle Street a distance of
138.5 feet to THE POINT OF BEGINNING, and containing in all 0.281 acres of land, is
commonly known as DCAD Property ID No. 36278.
2. All that certain 0.528 aero tract, or parcel of land situated in the A. Hill Survey, Abstract No,
623, City and County of Denton) Texas; said tract being tracts described In deeds ta H.E. &
J.C. Roberts as recorded In Volume 459, Page 223 and Volume 539, page 86 of the Deed
Records of Denton County, Texas; said tract being further described herein by metes and
bounds as follows;
Beginning, for the northeast corner of the tract being described herein at an iron pin in the
western line of Myrtle Street at the northeast corner of said tract ta Roberts as recorded in
Volume 539, page 86 of said Deed Records, said point at beginning being also the southeast
corner of tract described in deed to Turner Knight, et ux as recarded in Valume 341, page
3113 of said Deed Records;
Thence South 0 degrees 36 minutes 40 seconds East, 206.0 feet to a 1 1/2" iron pipe found
for the northeast corner of tract described in deed to V. R. Clearman and recorded in
Volume 396, page 518 of the Deed Records af Denton County, Texas;
Thence South 89 degrees 23 minutes West, 91.6 feet to an 8 inch treated fence post in an
eastern line of tract described in deed to J. L. Kertz and recorded in Volume 508, page 113
of the Deed Records of Denton County, Texas;
Thence North 21 degrees 22 minutes 30 seconds East, 35.7 feet to an iron pin set 1.1 feet
westerly of northwest corner of tin building;
Thence South 88 degrees 28 minutes West, 3.0 feet to an iron pin set in ground;
Thence North 70 degrees 00 minutes 30 seconds West, 90.3 feet to an iron pin set In the
eastern line of U.S. Highway No. 377 (Fort Worth Drive);
Thence Northeasterly with arc or curve to left whose radius is 11010.2 feet the following,
chords North 20 degrees 45 minutes 40 seconds East 70.8 feet; North 20 degrees 23 minutes
East 80.8 feet;
Thence North 89 degrees 29 minutes 10 seconds East, 116.4 feet to the place of beginning,
is commonly known as DCAD Property ID No. 36283.
3. 0.280 acre of land situated in the ALEXANDER HILL SURVEY, Abst. No. 623, City of
Denton, Denton, Texas., being that certain tract of land descried in deed to Mike Caylor and
wife, Darlene Caylor by deed recorded in instrument Number 2005-145658, Deed Records,
Denton County, Texas being more particularly described as follows;
Beginning at a Ya" iron rod found in the east line of Fort Worth Drive, at the northwest
corner of said Caylor tract, at the most westerly southwest corner of the certain tract of land
described in deed to Roy H. Pursur, Jr. and David E. Pursur be deed recorded in Volume
1087, Page 616, Deed Records, Denton County, Texas, said point being the northwest
corner of the hereon described tract of land;
THENCE along the common line of said Caylor and Pursur tracts as fallows: S 70° 00'
30" E, 90.42 feet to a'/Z" iron rod found; N 88° 28' 00" E, 3.00 feet to a'/z" iron rod found;
S 21° 55' 04" W, 35.51 feet to a%z" iron rod set at the northwest corner of that certain tract
of land described in deed to Truman Lee Teel by deed recorded in Instrument Number 03-
106284, Deed Records, Denton County, Texas, from which a'/z" iron rod found bears N
89° 14' S3"E, 97.00 feet;
THENCE S 21° 23' 49"W, along the common line of said Caylor and Teel tracts, 79.66
feet to a 1/Z99 iron rod set at the southwest corner of said Teel tract, in the north line of that
certain tract of land described in deed to Buford James Bryant be deed recorded in Volume
754, Page 732, Deed Records, Denton County, Texas, said point being the southeast corner
of the herein described tract of land;
THENCE S 8$° 55' 17" W, along the common line of said Caylor and Bryant tracts,
passing the northwest corner of said Bryant tract and the northeast corner of that certain
tract of land described in deed to Z. B. Eagle Partners, L.P. by deed recorded in Instrument
Number 93-R0036887, Deed Records, Denton County, Texas, continuing along the
common line of said Caylor and Z.B. Eagle Partners, L.P. tracts, in all 100.00 feet to a'/2"
iron rod set at the northeast corner of said Z.B. Partners, L.P. tract in the east line of said
FORT WORTH DRIVE, at the beginning of a curve to the left whose radius is 11,019.20
feet and whose long chord bears N 21° 14' 00" 150.01 feet, said point being the southwest
corner of the herein described tract of land;
THENE along the common line of said Caylor tract and FORT WORTH DRIVE, along
said curve in a northerly direction, through a central angle of 00°46'48", a distance of
150.01 feet to the POINT OF BEINGING and containing 0.280 acre (12,215 square feet)
of land.
0.280 acre of land situated in the ALEXANDER HILL SURVEY, Abst. No. 623, City of
Denton, Denton, Texas., being that certain tract of land descried in deed to Mike Caylor
and wife , Darlene Caylor by deed recorded in instrument Number 2005-145658, Deed
Records, Denton County, Texas being more particularly described as follows;
Beginning at a'/a" iron rod found in the east line of Fort Worth Drive, at the northwest
corner of said Caylor tract, at the most westerly southwest corner of the certain tract of land
described in deed to Roy H. Pursur, Jr. and David E. Pursur be deed recorded in Volume
1087, Page 616, Deed Records, Denton County, Texas, said point being the northwest
corner of the hereon described tract of land;
THENCE along the common line of said Caylor and Pursur tracts as follows: S 70° 00'
30" E, 90.42 feet to a'/z" iron rod found; N 88° 28' 00" E, 3.00 feet to a'/z" iron rod found;
S 21 ° 55' 04" W, 35.51 feet to a%a" iron rod set at the northwest corner of that certain tract
of land described in deed to Truman Lee Teel by deed recorded in Instrument Number 03-
106284, Deed Records, Denton County, Texas, from which a%Z99 iron rod found bears N
89° 14' S3"E, 97.00 feet;
THENCE S 21 ° 23' 49"W, along the common line of said Caylor and Teel tracts, 79.66
feet to a'/z" iron rod set at the southwest corner of said Teel tract, in the north line of that
certain tract of land described in deed to Buford James Bryant be deed recorded in Volume
754, Page 732, Deed Records, Denton County, Texas, said point being the southeast corner
of the herein described tract of land;
THENE S 88° 55' 17" W, along the common line of said Caylor and Bryant tracts, passing
the northwest corner of said Bryant tract and the northeast corner of that certain tract of
land described in deed to Z. B. Eagle Partners, L.P. by deed recorded in Instrument Number
93-R0036887, Deed Records, Denton County, Texas, continuing along the common line
of said Caylor and Z.B. Eagle Partners, L.P. tracts, in all 100.00 feet to a'/z" iron rod set at
the northeast corner of said Z.B. Partners, L.P. tract in the east line of said FORT WORTH
I7RIVE, at the beginning of a curve to the left whose radius is 11,019.20 feet and whose
long chard bears N 21° 14' 00" 150.01 feet, said point being the southwest carner of the
herein described tract of land;
THENE along the common line of said Caylor tract and FORT WORTH DRIVE, along
said curve in a northerly direction, through a central angle af 00°46'48", a distance of
150.01 feet to the POINT OF BEINGING and containing 0.280 acre (12,215 square feet)
of land, is commonly known as DCAD Property ID No. 36284.
4. Being out of the Alexander Hill Survey, Abstract No. 623, being a part of a tract of land
described in deed from Mrs. Mattie Brown to W.W. Dickey, as shown of record in Volume
281, page 350, of the Deed Records of Denton County, Texas, being more particularly
described as follows:
BEGINNING at an iron stake for corner in the North boundary line of the said Dickey tract
at the intersection of the North boundary line of said tract with the East boundary line of a
tract of land described in deed from W.W. Dickey to the State of Texas, as shown of record
in Volume 289, page 479, of the Deed Records of I7enton County, Texas, said tract being
part of the right-of-way of U.S. Highway No. 377;
THENCE East with the North boundary line of said Dickey tract, 80.0 feet to an iron stake
for corner;
THENCE south 135.5 feet to an iron stake for corner in the south boundary line of said
Dickey tract;
THENCE West with the South boundary line of said Dickey tract 136.3 feet to an iron
stake for corner in the Easterly boundary line of said U.S. Highway 377;
THENCE in a Northeasterly direction with said Highway right-of-way with a curve to the
left whose radius is 11,519.2 feet, 144.3 feet to the PLACE OF BEGINNING, is commonly
known as DCAD Property ID No. 36288.
5. FIELD NOTES to all that certain lot, tract or parcel of land situated In the A. Hill Survey,
Abstract Number 623, Denton County, Texas, and being all of a tract of land described in a
deed to James D. McMahan, as recorded in County Clerk File Number 2005-131326. Real
Property Records, Denton County, Texas, and a part of a net of land described in a deed to
James R. McMahan and wife, Lecil McMahan, as recorded In Volume 33$, Page 247, Deed
Records, Denton County, Texas, the subject tract being more particularly described as follow;
BEGINNING at a capped iron rod set in the East line of Fort Worth Drive (US HWY 377)
for the Southwest comer of the herein described tract, the Southwest corner of the first
mentioned McMahan tract and the Northwest corner of Lot One in Block One af Jack
Brisco Addition, an addition to the City or Denton, according to the plat thereof recorded
in Cabinet C, Page 128, Plat Records, Denton County, Texas;
THENCE North 24 degrees 16 minutes 11 seconds East with the East line of said Drive
and the West line of said McMahan tract a distance of 97.85 feet to a capped iron rod set
for the Northwest comer thereof and the Southwest corner of a tract of land described In a
deed to Z.B. Eagle Partners Limited Partnership, as recorded in County Clerk File Number
1993-36887, Real Property Records, Denton County, Texas:
THENCE South $8 degree$ 48 minutes O1 seconds East with the South line thereof and
the North line of said McMahan tract, at a distance of 105.1 feet passing the Northeast
corner thereof and the Northwest corner of the second mentioned McMahan tract,
continuing along said course and the North line thereof, a total distance of 136.30 feel to a
capped iron rod found stamped "KAZ" for the Southeast corner of said Z,B. Eagle tract,
the Northeast corner of the herein described tract and the Northwest corner of a tract of
land described in a deed to Ronald C. Johnson et ux, as recorded in County Clerk File
Number 2009-88839, Real Property Records, I7enton County. Tex., from which a metal
pipe found for the Northeast corner thereof bears South 88 degrees 38 minutes 10 seconds
East, a distance of 150.00 feet;
THENCE South with the West line of said Johnson tract and a line severing the second
mentioned McMahan tract, along or near a fence, a distance of 89.20 feet to a point in the
South line thereof for the 5outheast comer of the here described tract, from which a capped
iron rod found stamped "KAZ" far the Southwest corner of said Johnson tract bears South,
a distance of 2.10 feet;
THENCE North 89 degrees 04 minutes 29 seconds West with the Southline or the second
mentioned McMahan tract, at a distance of 1.2 feet passing a metal pipe found for the
apparent Northeast comer of said lot One, continuing along said course and the North line
thereof, along the North edge of a concrete drive, at a distance of 34.6 feet passing the
Southeast comer of the second mentioned McMahan tract tract and the Southeast corner of
the first mentioned McMahan tract, continuing along said course, a total distance of 176.51
feet to the PLACE OF BEGINNING and enclosing 0.32 of an acre of land more or less, is
commonly known as DCAD Property ID No. 36291.
6. All that certain lot, tract or parcel of land situated in the city and county of Denton, State of
Texas, a part of the Alexander Hill Survey, Abstract No. 623, and being parts of a certain 7
acre tract of land conveyed by W.C. Baines to R. H. Hoffman by I7eed dated August 11, 1892,
and shown of record in Volume 49, Page 136, Deed Records of Dentan County, Texas, and
part of a 4 acre tract of land conveyed by J. M. Sherman to R. H. Hoffman by Deed dated April
17, 1889, and shown of record in Volume 37, Page 635, Deed Records of Denton county,
Texas, and more particularly described as follows:
BEGINNING at an iron pipe in the East line of the re-located U.S. Highway No. 377 at a
point 60 feet from and at right angles to the center line of said highway opposite chaining
station 54 plus 12.8, said paint being 130 feet southwesterly on a curve to the right along
the East line of said highway from the North line of said 4 acre tract;
THENCE Southeast at a right angle to the center line of said highway 100 feet to an iron
stake;
THENCE South 22° 30' west 100 feet to an iron stake;
THENCE North 66° West 100 feet to an iron stake in the East line of said highway;
THENCE North 19° O1' East 11.5 feet along the East line af said highway to a concrete
highway marker opposite and at a right angle to the centerline station 55 plus 01.3;
THENCE Northeasterly 88.5 feet on the East line of said highway alang a curve to the left,
to THE PLACE OF BEGINNING, and containing 0.23 acres of land; and being the same
property set out land described in a Deed from Ridley H. Wright and wife, Hilie J.Wright,
dated September 1, 1950, and shown of record in Volume 362, Page 156 of the Deed
Records of I7enton county, Texas, is commonly known as DCAD Property ID No. 36827.
7. Being Lot 1, Block 1, Village Office Park & Mini Storage Addition, as recorded in Cabinet D,
Page 14, Plat Records, Denton County, Texas. And being the same property addressed at 525
Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 109542.
8. Being Lot 1, Block A, Hwy 377-Racetrac Addition, as recorded by Instrument No. 2003-
38967, Plat Records, Denton County, Texas. And being the same property addressed at 601
Fort Worth Dr. Denton, Texas, is commanly known as DCAD Property ID No. 256795.
9. Being Lot 1RA, Block 1, Eagle Point Shopping Center Addition, as recorded by Instrument
No. 2011-118, Plat Records, Denton County, Texas. And being the same property addressed
at 701 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 209329.
10. Being Lot 1RB, Block 1, Eagle Point Shopping Center Addition, as recorded by Instrument
No. 2011-118, Plat Records, Denton County, Texas. And being the same property addressed
at 681 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 331266.
1 l. Being Lot 1, Block 1, Jack Brisco Addition, as recarded by Instrument No. 1982-31345, Plat
Records, Denton County, Texas. And being the same property addressed at 505 Fort Worth
Dr. Denton, Texas, is commonly known as DCAD Property ID No. 81917.
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