Z21-0011dZ21 -0011d
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM A RESIDENTIAL 2 (R2) ZONING
DISTRICT TO A GENERAL OFFICE (GO) ZONING DISTRICT ON APPROXIMATELY
9.462 ACRE OF LAND, GENERALLY LOCATED AT THE NORTHWEST INTERSECTION
OF EAST UNIVERSITY DRIVE AND NORTH TRINITY ROAD, 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. (Z21-0011 d)
WHEREAS, the applicant Aimee Bissett of 97 Land Company, on behalf of the property
owner, BJT & TPT 1996 Family Trust, Timothy P. Tehan and Robert J. Houlihan, have submitted
a request to rezone approximately 9.462 acres of land from a Residential 2 (R2) Zoning District to
a General Office (GO) Zoning District, legally described in Exhibit "A". attached hereto and
incorporated herein by reference (hereinafter, the "Property"); and
WHEREAS, on October 20, 2 02 1, the PIanning 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 November 2, 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 a zoning change for the Property, have determined that
the proposed zoning district and use classification 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 General Office (GO) Zoning District.
SECTION 3. The City's official zoning map is hereby amended to show the established
zoning district and use classification.
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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 $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
The motion to apve this ordinance was made by -R,5$ e. j�cc y i 5 and
seconded by V i CILz iLica
, the ordinance was passed and approved by
the following vote [ (4 -
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: r/
Vicki Byrd, District 1:
Brian Beck, District 2:
Jessie Davis, District 3:
Alison Maguire, District 4: ./
Deb Armintor, At Large Place 5: W/
Paul Meltzer, At Large Place 6: �-1"
PASSED AND APPROVED this the day ofHb%4eM)oe.0 , 2021.
GERARD SPETH, MAYOR
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ATTEST:`��*�Nli
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ROSA RIOS, CITY SECRETARY
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BY: Q-� ���
APPROVED AS TO LEGAL FORM:
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MACK REINWAND, CITY ATTORNEY0
MACK
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Hilary Negros
2021.10.22
BY: 16:46:58 -05'00`
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Exhibit A
Legal Description
9.462 ACRES
BEING all that certain lot, tract, or parcel of land situated in the Morreau Forrest Survey Abstract
Number 417 in the City of Denton, Denton County, Texas, being a part of that certain tract of land
conveyed by deed from Hal F. Tehan to Timothy P. Tehan, Trustee, recorded in Volume 4037, Page
1723, Real Property Records, Denton County, Texas and being more particularly described as
follows:
COMMENCING at an iron rod found for corner in Fishtrap Road, a public roadway, said point being
the northeast corner of that certain tract of land conveyed by deed from Kenneth Wayne Saegert and
Aileene A. Saegert to Durham Land, LLC recorded under Clerk's File Number 97-R0004462, Real
Property Records, Denton County, Texas;
THENCE S 000 45' 38" E, 390.75 feet with the east line of said Durham Land tract, and with the
east line of that certain tract of land conveyed by deed from Donna Durham, Trustee to Durham Land,
LLC recorded under Document Number 2017-5969, Real Property Records, Denton County, Texas
to a point for PLACE OF BEGINNING;
THENCE N 800 56' 52" E, 1563.70 feet to a 60d nail found for corner in Trinity Road, a public
Roadway;
THENCE S 030 54' 43" W, 166.44 feet with said Trinity Road to a mag nail for corner at the
beginning of a right-of-way flare;
THENCE S 410 23' 00" W, 143.57 feet with said right-of-way flare to a right-of-way marker for
corner in the north line of United States Highway Number 380, (also known as East University Drive)
a public roadway having a variable width right-of-way;
THENCE S 800 52' 57" W, 376.28 feet with said north line of said U. S. Highway to a right-of-way
marker for corner;
THENCE S 720 36' 06" W, 149.20 feet with said north line of said U. S. Highway to a capped iron
rod marked TXDOT found for corner;
THENCE S 800 56' 28" W, 931.98 feet with said north line of said U. S. Highway to an iron rod
found for corner in the east line of said tract of land conveyed by deed from Donna Durham, Trustee
to Durham Land, LLC recorded under Document Number 2017-5969, Real Property Records, Denton
County, Texas;
THENCE N 000 45' 38" W, 279.51 feet with the east line of said Durham Land tract to the PLACE
OF BEGINNING and containing 9.462 acres of land.
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