Z20-0011dORDINANCE NO. 220-O011 d
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
zoNnvG DISTRICT AND USE CLASSIFICATION FROM PLANNED DEVELOPMENT (PD)
DISTRICT TO RESIDENTIAL 1 (RI) DISTRICT ON APPROXMATELY 4.23 ACRES OF
LAND GENERALLY LOCATED ON THE EAST SIDE OF STATE SCHOOL ROAD,
APPROXIMATELY 150 FEET SOUTHEAST OF WINSTON DRIVE, IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S
OFFICAL ZONING MAP; PROVIDING FOR A PENALTY nq THE MAXMUM AMOUNT
OF 82,000.00 FOR VIOLATIONS THEREOF; PROVDING A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (220-00011 )
WHEREAS, Aimee Bissett of 97 Land Company, on behalf of the property owner,
Oakmont Partners JV, LP, has submitted a request to rezone approximately 4.23 acres of land from
Planned Development (PD) District to Residential 1 (RI) District, legally described in Exhibit
“A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”); and
WHEREAS, on January 6, 2021, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, have given the requisite notices by publication and otherwise,
and have held due hearings and afforded full and fair hearings to all property owners interested in
this regard, and have recommended approval (7-0) of the request; and
WHEREAS, on January 12, 2021, 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 2030 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 establishing an initial zoning district for the Property,
have 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 of Denton 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 COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby changed
to Residential 1 (RI) District.
SECTION 3. The City’s official zoning map is hereby amended to show the established
zoning district and use classification.
SECTION 4. If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid by any court, such invalidity shall not affect the validity of the
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. 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 of Denton, Texas, within ten (10) days of the
date of its passage.
s e c o n d eUyI[]q \E:: P P I::I:: ir d i n a n c e Iv a s ma %::r=PJ!=£pW£ jap proventhe following vote [= - a :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:./
Birdia Johnson, District 1 :-L
Connie Baker, District 2:r
Jessie Davis, District 3 :./
/John Ryan, District 4:
Deb Armintor, At Large Place 5 :7
~/Paul Mleltzer, At Large Place 6:
PASSED AND APPROVED this the ttyS day
Page 2 of 3
\\\11111111
ATTEST:
ROSA RIOS, CITY SECRETARY
_ J/ an J
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by Mack
Fieinwand
Date: 2021.01.06 19:43:02
A
Page 3 of 3
EXHIBIT “A“
BEGINNING at a 1/2-inch iron rod with plastic cap stamped "COLEMAN RPLS 4001"
found at the Northwest corner of said KAZA Denton Investments tract, being at the
Southwest corner of Tract-A of Wimbleton Village, Phase VI, an addition to the City of
Denton, recorded in Cabinet C, Page 229, Plat Records of Denton County, Texas, and
being in the Easterly right-of-way line of State School Road (variable width right-of-way);
THENCE North 45'25'58" East, departing the Easterly right-of-way line of said State
School road, with the Northerly line of said KAZA Denton Investments tract and with the
common line of said Tract-A and Lots 1 and 2 of said Wimbleton Village, Phase VI, a
distance of 126.56 feet to a 3/8-inch iron rod with plastic cap stamped "KERN INC."
found in the South line of said Lot 2 and being at the beginning of a tangent curve to the
right, with a radius of 178.55 feet, delta angle of 66'22'34", chord bearing and distance
of North 77'53'21" East, 195.47 feet;
THENCE along said curve, with the Northerly line of said KAZA Denton Investments
tract and with the common line of Lots 2 - 5 of said Wimbleton Village, Phase VI, an arc
distance of 206.85 feet to a 1/2-inch iron rod found at the Southeast corner of Lot 5 of
said Wilbleton Village, Phase VI and being at the Southwest corner of Lot 6 of said
Wimbleton Village, Phase VI;
THENCE South 69'11'30" East, with the Northerly line of KAZA Denton Investments
tract and with the common line of Lots 6 - 7 of said Wimbleton Village, Phage VI, a
distance of 100.23 feet to a 1/2-inch iron rod with green plastic cap stamped "EAGLE
SURVEYING" set at the beginning of a curve to the left, with a radius of 180.00 feet,
delta angle of 1 9'34'38", chord bearing and distance of South 59'16'02" East, 61 .21
feet
THENCE along said curve, with the Northeasterly boundary line of said KAZA Denton
Investments tract and with the common line of Southwesterly line of Lots 7 - 9 of said
Wmbleton Village, Phase VI, an arc distance of 61 .50 feet to a 1/2-inch iron rod found in
the Southwesterly line of said Lot 9;
THENCE South 49'16'33" East, with the Northeasterly line of said KAZA Denton
Investments tract and with the common line of Lots 9 - 12 of said Wimbleton Village,
Phase VI, a distance of a 216.88 feet to a 1/2-inch iron rod found in the Westerly line of
said Lot 12 and being at the beginning of a tangent curve to the left, with a radius of
480.00 feet, delta angle of 06'1 1'34'’, chord bearing and distance of South 52'37'14"
East, 51.85 feet;
THENCE along said curve, with the Northeasterly line of said KA7A Denton
Investments tract and the common line of Lots 12 - 13 of said Wimbleton Village, Phase
VI, an arc distance of 51.88 feet to a 1/2-inch iron rod found at the Northeast corner of
said KAZA Denton Investments tract, being in the Southwesterly line of said Lot 13, and
being at the Northwest corner of a tract of land described in a deed to John R. Cox and
wife, Susan C. Cox, recorded in Document Number 96-R0066499, Official Records of
Denton County, Texas;
THENCE South 13'48'40" West, with the East line of said KAZA Denton Investments
tract and with the common line of said Cox tract, a distance of 124.91 feet to a 1/2-inch
iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the Southeast
corner of said KAZA Denton Investments tract and being in the West line of said Cox
tract
THENCE South 57'23'00" West, over and across said KAZA Denton Investments tract,
a distance of 123.35 feet to a 1/2-inch iron rod with green plastic cap stamped "EAGLE
SURVEYING" set at the Northwest corner of Lot 8, Block 10 of Oakmont Estates, an
addition to the City of Corinth, Texas, recorded in Cabinet F, Page 38, Plat Records of
Denton County, Texas, and being at the Northeast corner of Lot 7, Block 10 of said
Oakmont Estates;
THENCE South 84'49'32" West, with the South line of said KAZA Denton Investments
tract and with the common line of Lots 6 & 7, Block 10 of said Oakmont Estates, a
distance of 269.75 feet to a 1/2-inch iron rod found at the Southwest corner of said
KAZA Denton Investments tract, being at the Northwest corner of said Lot 6, Block 10
and being in the Easterly right-of-way line of said State School Road;
THENCE North 18'47'43" West, with the West line of said KAZA Denton Investments
tract and with the East right-of-way line of said State School Road, a distance of 125.61
feet to a 1/2-inch iron rod found;
THENCE North 43'07'13" West, with the West line of said KAZA Denton Investments
tract and with the Easterly right-of-way line of said State School Road, a distance of
278.44 feet to the POINT OF BEGINNING, and containing 4.23 acres of land, more or
less