Z19-0011bS:\Legal\Our Documents\Ordinances\20\Z19-0011 -Country Club Rezoning Ordinance.Docx
ORDINANCE NO. Z19-0011b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM THE RESIDENTIAL 2 (R2)
ZONING DISTRICT AND USE CLASSIFICATION AND THE SUBURBAN CORRIDOR
(SC) ZONING DISTRICT AND USE CLASSIFICATION TO THE RESIDENTIAL 4 (R4)
ZONING DISTRICT; ON APPROXIMATELY 16 .79 ACRES OF LAND GENERALLY
LOCATED ON THE NORTH OF IDCKORY CREEK ROAD, BETWEEN COUNTRY CLUB
ROAD TO THE WEST AND THE RAILROAD TO THE EAST, IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO 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
ESTABLISIDNG AN EFFECTIVE DATE. (Z19-0011)
WHEREAS, Thomas Fletcher with Kimley-Hom representing Sowell Property Partners
Hickory Creek, L.P., has applied for zoning change on approximately 16 .79 acres ofland, from
the Residential 2 (R2) zoning classification and use designation and Suburban Corridor (SC)
zoning classification and use designation to a Residential 4 (R4) zoning classification and use
designation as legally described in Exhibit "A," and depicted in Exhibit "B," attached hereto and
incorporated herein by reference (hereinafter, the "Property"); and
WHEREAS, on February 5, 2020, the Planning and Zoning Commission, in compliance
with the laws of the State ofTexas, having given the requisite notices by publication and otherwise,
and having afforded full and fair hearings to all property owners and citizens interested in this
regard, recommended approval of the requested zoning district classification and use designation
by a vote of ( 6-0); and
WHEREAS, on February 18, 2020, 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 2. 7.2 of the Denton Development Code, and is consistent
with the Denton Plan and the Denton Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification and use
designation of the property, 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 ofDenton is of the opinion and finds that said zoning change is in the public interest and
should be granted as set forth herein; NOW, THEREFORE,
THE CO UN CIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble ofthis ordinance are
incorporated herein by reference and found to be true .
SECTION 2. The zoning district classification and use designation for 16.79 acres of the
Property is hereby changed from Residential 2 (R2) zoning classification and use designation and
Suburban Corridor (SC) zoning classification and use designation to a Residential4 (R4) zoning
classification and use designation.
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning district classification and use designation.
SECTION 4. If any provision ofthis ordinance or the application thereofto any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
remaining 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. 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 comm itted, and the former law is continued in effect for this limited 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 ofDenton, Texas, within ten (10) days ofthe
date of its passage.
The motion to ap prove this ordinance was made by ~t;Z. V r6e1c:;-.&S and
seconded by ~nu~ tl1e7_.iZ.f:;;% , the orillance was passed and approved by
the following vote L-_j :
Aye Nay Abstain Absent
Mayor Chris Watts: v
Gerard Hudspeth, District 1 : v
Keely G. Briggs, District 2 : v
Jesse Davis, District 3: v
John Ryan, District 4: v
Deb Armintor, At Large Place 5: v
Paul Meltzer, At Large Place 6: v
Page 2 of3
PASSED AND APPROVED this, the lif:IL day of ~-~ ~
CHRISW~
ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 3 of3
BEING a tract of land situated in the James Withers Survey , Abstract No. 1343, City of Denton , Denton
County , Texas and be ing a part of a called 1 02.493-acre tract of land described in a Special Warranty
Deed to Sowell Property Partners-Hickory Creek , L.P ., as recorded in Volume 4413, Page 933 of the
Official Records of Denton County, Texas county, and being more particularly described as follows :
BEGINNING at a Yz -inch iron rod with a yellow plastic cap stamped "B ri tain & Crawford" found for the
northeast corner of said 1 04.493-acre tract and the southeast corner of a called 35 .504-acre tract
described in a Warranty Deed w ith Vendor's Lien to JR Lott Holdings , LLC , as recorded in Instrument No .
2014-55073 of said Official Records of said county , same also being on the westerly right-of-way line of
Gulf Coast & Santa Fe Railroad (variable width R.O .W .)
THENCE South 35 °20'44" East, along the easterly line of said 1 04.493-acre tract and the westerly line of
Gulf Coast & Santa Fe Railroad right-of-way , a distance of 409 .60 feet to a point for corner;
THENCE South 42 °28'01" East, continuing along the easterly line of said 1 04.493-acre tract and the
westerly line of Gulf Coast & Santa Fe Railroad right-of-way , a distance of 201 .66 feet to a point for
corner;
THENCE South 35 °36' 13" East, continuing along the easterly line of sa id 1 04.493-acre tract and the
westerly line of Gulf Coast & Santa Fe Ra i lroad right-of-way, a distance of 94 .64 feet to the easterly ,
northeast corner of Lot 2 , Block 1 of Hickory Lake , an addition to the City of Denton , as shown on the
Fina l Plat recorded in Document No . 2012-193 of the Official Records of said county ;
THENCE South 89 °57'06" West, departing the westerly line of said Gulf Coast & Santa Fe Railroad right-
of-way , along the northerly line of said Lot 2 , Block 1, a distance of 200 .94 feet to a point for corner ;
THENCE North 52 °11 '00" West, departing the northerly line of said Lot 2 , Block 1 and crossing said
1 04.493-acre tract , a distance of 340 .56 feet to a point for corner ;
THENCE South 76 °54 '35" West, continuing across said 1 04.493-acre tract , a distance of 243 .64 feet to a
point for corner;
THENCE South 7r 16'01" West, continuing across sa id 104.493-acre tract, a distance of 525 .92 feet to a
point for corner;
THENCE North 89 °52'20" West, continuing across said 1 04.493 -acre tract for part of the way, crossing
the westernmost , east line of aforesaid Lot 2 , Block 1, continuing across said Lot 2 , a distance of 595 .92
feet to a po int for corner;
THENCE North 0 °07'40" East, continuing across said Lot 2 , Block 1, for part of the way, crossing the
northerly line of said Lot 2 , then continuing across said 1 04.493-acre tract , a distance of 494 .35 feet to a
po i nt for corner on the northerly line of said 1 04.493-acre tract and the southerly line of aforesaid 35 .504-
acre tract ;
Michael . Marx
Registered Professional Land Surveyor No . 5181
Kimley-Horn and Associates , Inc.
6160 Warren Pkwy ., Suite 210
Frisco,Texas75034
Ph . 972-335-3580
TBPLS Firm 10193822
michael .marx@kimley-horn .com
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• COUNTRY CLUB TERRACE ~,
" PHASE 2 • !· ,.. 16.79 ACRES
Z19-0011 Zoning Designation Exhibit
Country Club Terrace~ Phase 2
Denton, Texas
December 2019
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