Z21-0001a22 1-0001 aORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM PUBLIC FACILITIES (PF)
DISTRICT TO SUBURBAN CORRIDOR (SC) DISTRICT ON APPROXIMATELY 1.535
ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF WEST UNIVERSITY
DRIVE, APPROXIMATELY 972 FEET EAST OF MALONE STREET, 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 A SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE. (22 1-0001 a)
WHEREAS, Cody Crannell of CCM Engineering, on behalf of the property owner, V.
Moore Enterprises, LC, has submitted a request to rezone approximately 1.535 acres of land from
Public Facilities (PF) District to Suburban Corridor (SC) District, legally described in Exhibit “A”,
attached hereto and incorporated herein by reference (hereinafter, the “Property”); and
WHEREAS, on May 19, 202 1, 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 (6-0) of the request; and
WHEREAS, on June 15, 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 Suburban Corridor (SC) 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.
The motion to approve this ordinance was made by ?> c (cb(\ BcE and
seconded by a, He T)CK\I iS , the ordinance was passed and approved by
the following vote k - a ] :
Aye
\/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:,,“
Brian Beck, District 2 :\/
./
V/
Jessie Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5 :./
Paul Meltzer, At Large Place 6:V/
PASSED AND APPROVED this the ISt b day of –yLMbe_‘, 2021.
GERii'd#
Page 2 of 3
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ATTEST:
ROSA RIOS, CITY SECRETARY
,,_ #d/72
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
Digitally signed by Mack
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Page 3 of 3
Exhibit A
Legal Description
SITUATED in the City of Denton, Denton County, Texas, and being a tract of land in the
ROBERT BEAUMONT SURVEY, Abstract No. 31, and being a portion of that certain tract
conveyed to the Denton Independent School District by deed recorded in Volume 455,
Page 663, of the Denton County Deed Records, and said portion being more fully described
as follows:
BEGINNING at an '’RPLS 1640" capped 5/8" iron rod in the southerly line of West University Drive/U.S.
Highway No, 380 (100 foot wide right-of-way at this point) for the northeast corner of that
certain tract conveyed to the Denton Independent School District (hereafter ISO) by deed
recorded in Volume 455, Page 663, of the Denton County Deed Records, and the northwest
corner of that certain Tract One of the deed to Rayzor Investments, Ltd. Recorded in
Volume 1796, Page 601, of the Denton County Deed Records and referenced in instrument
recorded under Denton County Clerk’s File No. 2006-33433;
THENCE South 0 degrees, 19 minutes, 40 seconds West with the common line between said ISD tract and
said
Tract One, 336.98 feet to an '’RPLS 1640" capped 5/8" iron rod set for corner;
THENCE North 56 degrees, 16 minutes, 10 seconds West across said ISD tract, 331.0
feet to a point in the common line between said ISD tract and a second Denton
Independent School District tract described in deed recorded in Volume 453, Page 193,
of said Denton County Deed Records;
THENCE North 0 degrees. 54 minutes, 40 seconds East with said ISD common line, 151.0
feet to the common north corner of said ISD tracts in said southerly line of West University
Drive, said being on a cuIve whose center bears North 1 degree, 34 minutes, 37 seconds
East, 3869.72 feet;
THENCE easterly with said southerly line of West University Drive and the northerly
line of said ISD tract described in Volume 455, Page 663. a distance of 274.87 feet to
the PLACE OF BEGINNING, and containing
1.5347 acres (66,853 square feet).