Z22-0008cORDINANCE NO. 222-OO08C
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE rN THEZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 2 (R2) DISTRICTTO SUBURBAN CORRIDOR (SC) DISTRICT ON APPROXIMATELY 13.07 ACRES OFLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF NORTH LOCUST
STREET AND HERCULES LANE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS ;ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDINGFOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (222-
0008c)
WHEREAS, Asbury United Methodist Church has submitted a request to rezone
approximately 13.07 acres of land from Residential 2 (R2) District to Suburban Corridor (SC)
District, legally described in Exhibit “A”, attached hereto and incorporated herein by reference
(hereinafter, the “Property”); and
WHEREAS, on August 10, 2022, the Planning and Zoning Commission, in compliancewith 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 (4- 1) of the request; and
WHEREAS, on August 16, 2022, the City Council likewise conducted a public hearing as
required by law, and finds that the request meets and complies with all substantive and proceduralstandards 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 asset forth herein; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDArNS:
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 orcircumstance 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 ordinanceis violated shall constitute a separate and distinct offense.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinanceshall 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 Br Can Be a and
seconded by &SSe thIs , the ordinance was passed and approved by
the following vote La - a:
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:t/
Vicki Byrd, District 1 :L/
Brian Beck, District 2:
FiTD£
b/
Jessie Davis, District 3 :b/
Alison Maguire, District 4 :y’
\/Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:V/
PASSED AND APPROVED this the ( bab day of 2022
Page 2 of 3
ATTEST:
ROSA RIOS, CITY SECRETARY At$1111111
.2m _ <7#7v
APPROVED AS TO LEGAL FORM:MACK REINWAND CITY ATTORNEY
IR&\ d/ 1Wh =1; ;ToE :R r T : : 1 0 : 2 2
BY: J v -05'OO'
Page 3 of 3
Exhibit A
Legal Description
Page 4 of 3
C(DRESURVEYING
SUBJECT TRACT DESCRIPTION:
Being 13.0718 acres (569,406 square feet) of land, all of Tract I: Lot 2, Block “A”, Asbury
United Methodist Church, recorded under Cabinet V, Page 796 Plat Records of Denton County,Texas (P.R. D.C. T.) and Tract II: a called 9.41 acres, conveyed to Asbury United Methodist
Church, by deed recorded under County Clerk’s File Number (C.F.N.) 2011-101609 Official
Public Records of Denton County, Texas (O.P.R. D.C.T.), said 13.0718 acre tract lying in the
Thomas Toby Survey, Abstract 1288 and being more particularly described by metes and boundsas follows:
COMMENCING at a found 5/8 inch iron rod with cap, marking an angle point of said Lot 2 and
said 9.41 acres and the southwest corner of a Lease Site;
THENCE South 59'’17’53” West, along the common line of said Lot 2 and said 9.41 acres, a
distance of 381.99 feet to a found 5/8 inch iron rod with cap, marking an angle point of said Lot2 and said 9.41 acres;
THENCE South 00'’59’49” West, continuing along said common line of said Lot 2 and said 9.41
acres, a distance of 214.34 feet to a point for corner in the north right-of-way (R.O. W.) line of
Hercules, public R.O. W. varies, marking the southwest corner of said Lot 2, also being a point in
east line of said 9.41 acres and the POINT OF BEGINNING, from which a found 5/8 inch iron
rod with cap, bears North 18c’32’28” East, a distance of 0.45 feet;
THENCE South 00'’57’08” West, a distance of 31.09 feet to a calculated point in the center of
said Hercules, marking an external corner of the herein described tract;
THENCE North 89'57’09” West, along said center line, a distance of 1 10.01 feet to a calculated
point in the east R.O. W. line of North Locust Street, marking the southwest corner of said 9.41
acres and the herein described tract;
THENCE North 01'08’46” East, along said east line, a distance of 721.70 feet to a calculated
point, marking the southwest corner of a called 53,93 acres, conveyed to Melvin Haisler, by deed
recorded under C.F.N. 98-R0113462 O.P.R. D.C.T., also being northwest corner of said 9.41acres and the herein described tract, from which a found 1/2 inch iron rod, bears South24'’06’28” East, a distance of 1 1 .11 feet;
THENCE South 78'’22’14” East, along the south line of said 53.93 acres, a distance of 466.70feet to a calculated point, marking an angle point of said 53.93 acres, said 9.41 acres and the
herein described tract;
10210 Grogans Mill Road, Ste. 110
The Woodlands, TX 77380
(936) 443-0507
CG)RESURVEYING
THENCE South 53'’50’14” East, continuing along said south line of said 53.93 acres, a distance
of 1008.40 feet to a point for corner, marking an angle point of said 53.93 acres, said 9.41 acres
and the herein described tract, from which a found 1/2 inch iron rod, bears North 59'01’30“ East,
a distance of 0.64 feet;
THENCE South 00'’02’46” West, a distance of 33.50 feet to a point for corner in the center line
of said Hercules Road, marking the most easterly southwest corner of said 53.93 acres, also
being the southeast corner of said 9.41 acres and the herein described tract;
THENCE North 89'’57’09” West, along said center line, a distance of 710.60 feet to a calculated
point, marking the external corner of said 9.41 acres and the herein described tract;
THENCE North 00'59’49” East, a distance of 26.74 feet to a point for corner in the north
R.O. W. line of said Hercules Road, marking the southeast corner of said Lot 2, also being an
internal corner of the herein described tract, from which a found 1/2 inch iron rod, bears North
13'’24’21” West, a distance of 0.43 feet;
THENCE North 89'’25’01” West, along said north R.O.W. line of Hercules Road, a distance of
465.01 feet to the POINT OF BEGINNING and containing a computed 13.0718 acres (569,406
square feet) of land.
4 by.de 6 5 7ente ’l-urfUD]errI
Core Land SurveyingTBPLS Reg. No. 10194560Job No. 21-00078T
Issue Date: June 20, 2022
a FV FN IF TLJRR ,JR ARTFS JR,
10210 Grogans Mill Road, Ste. 110
The Woodlands, TX 77380
(936) 443-0507