Z22-0014aORDINANCE NO. 222-O014a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL RURAL (RR),RESIDENTIAL 4 (R4), AND MIXED-USE NEIGHBORHOOD (MN) DISTRICTS TORESIDENTIAL 6 (R6) DISTRICT ON APPROXIMATELY 84.2 ACRES OF LANDLOCATED ON THE SOUTH SIDE OF E. MCKINNEY STREET, AT THE INTERSECTIONOF E. MCKINNEY STREET AND LANEY CIRCLE, IN THE CITY OF DENTON,DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’SOFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUMAMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (222-0014a)
WHEREAS, Foresite Group, LLC has submitted a request to rezone approximately 84.2
acres of land from Residential Rural (RR), Residential 4 (R4), and Mixed-Use
Neighborhood (MN) Districts to Residential 6 (R6) District, legally described in Exhibit “A”,
attached hereto and incorporated herein by reference (hereinafter, the “Property”); and
WHEREAS, on October 12, 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 (7-0) of the request; and
WHEREAS, on October 18, 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
procedural standards set forth in Section 2.7.2 of the Denton Development Code, and isconsistent with the Denton Plan 2040 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 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 changedto Residential 6 (R6).
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 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
seconded by
the following vote [] - &]:
to approvethis ordinance was made by ]h and3t£6e DAVIS the ordinance was passed and approved by
Aye
1/
1/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck. District 2:t/
1/‘Jessie Davis, District 3 :
Alison Maguire, District 4:L/
Brandon Chase McGee.
At Large Place 5 :b/
Chris Watts, At Large Place 6:\/
PASSED AND APPROVED this the 1 Sb day of C>cFo%If , 2022.IfZ
Page 2 of 3
ATTEST: 9EWT R-+osFm09. CITY SECRETARY A\\lllltllfD
APPROVED AS TO LEGAL FORM:
MACK REINWAND CITY ATTORNEY
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10'tII
Page 3 of 3
Exhibit A
Legal Description
Page 4 of 3
SPOONER&-)
oxv MERV It@
309 Byers Street, #100Euless, Texas, 7603981 7-685-8448
www.spoone rsurveyors .com
DENTON ALLIED DEVELOPMENT
REZONING METES AND BOUNDS DESCRIPTION
BEING an 84.8917 acre tract of land situated in the Gideon Walker Survey, Abstract No. 1330, Denton County, Texas, said 84.8917
being all of a called 0.565 acre tract of land conveyed to Michael G. Laney by deed recorded in Denton County Clerk’s Instrument
Number (D.C.C.I.No.) 1986-77231, Official Public Records, Denton County, Texas (D.R.D.C.T.), said 84.8917 acre tract being all of a
called 7.83 acre tract of land identified as “Tract-1", all of a called 51.53 acre tract of land identified as “Tract-2", all of a called 1.21
acre tract of land identified as “Tract-11" and all of a called 4.11 acre tract of land identified as “Tract-12" conveyed to David H Laney,
Trustee of the David H. Laney Trust, and as beneficiary of the Estate of Betty Curry Laney, Cause No. 1E-99-290, as filed in the Denton
CountY Probate Court, Denton County, Texas, by Special Warranty Deed recorded in D.C.C.I.No. 2002-141489, O.P.R.D.C.T„ said
84.8917 being all of a called 0.6074 acre tract identified as "Tract-1", all of a called 6.65 acre tract of land identified as “Tract-3", all of
a called 1.91 acre tract of land identified as “Tract-4”, all of a called 1.34 acre tract of land identified as “Tract-5", all of a called 3.40
acre tract identified as “Tract-7", all of a called 2.50 acre tract of land identified as “Tract-8”, all of a called 1.23 acre tract of land
identified as “Tract-9”, all of a called 1.29 acre tract of land identified as “Tract-10" conveyed to David Hart Laney, Trustee of the
David Hart Laney Trust by Special Warranty Deed recorded in D.C.C.I.No. 2010-65312, O.P.R.D.C.T., said 84.8917 acre tract being a all
of a called 0.746 acre tract of land conveyed to David Hart Laney, Trustee of the David Hart Laney Trust by Warranty Deed recorded
in D.C.C.I.No. 2015-108591, O.P.R.D.C.T., said 84.8917 acre tract of land being more particularly described by metes and bounds as
follows
BEGINNING, at a “X" scribed in concrete set at the northwest property corner of the said 7.83 acre tract, same being the northeast
property corner of a called 80.695 acre tract of land conveyed to Pulte Homes of Texas, L.P., said beginning point being on the
southwest right-of-way line of McKinney Street, being a variable width public right-of-way;
THENCE along the northeast property lines of the said 7.83 acre tract and along the said southwest right-of-way line of McKinney
Street the following courses and distances;
South 62'13'30" East, 137.55 feet to a 1/2" iron rod found;
South 67'26'15" East, 128.27 feet to a 1/2” iron rod with a red illegible cap found;
South 70'O1'55" East, 232.42 feet to a 1/2" iron rod with a yellow illegible cap found at the northeast property corner of the
said 7.83 acre tract, same being the most northerly northwest property corner of the said 51.53 acre tract;
THENCE along the northeast property lines of the said 51.53 acre tract and along the said southwest right-of-way line of McKinney
Street the following courses and distances;
South 70'06'50" East, 83.66 feet to a 5/8” iron rod with cap stamped “SPOONER 5922” set;
South 70'54'41" East, 405.54 feet to a 1/2” iron rod found at the most northerly northeast property corner of the said 51.53
acre tract, same being the northwest property corner of a called 3.054 acre tract of land conveyed to Self Pet Kennel, Inc. by
deed recorded in D.C.C.I.No. 2011-56758, O.P.R.D.C.T.;
THENCE, South 03'33'59" West, along the east property line of the said 51.53 acre tract and along the west property line of the said
3.054 acre tract, 704.43 feet to a 1/2" iron rod found at the southwest property corner of the said 3.054 acre tract, same being the
northwest property corner of the said 6.65 acre tract;
THENCE, South 86'39'55" East, along the north property line of the said 6.65 acre tract and along the south property line of the said
3.054 acre tract, 199.81 feet to a bolt found at the southeast property corner of the said 3.054 acre tract, same being the southwest
property corner of a called 4.7362 acre tract of land conveyed to Joy Longville by deed recorded in D.C.C.t.No. 2006-6946, O.P.R.D.C.T.;
THENCE, South 86'32'OO" East, continuing along the said north property line of the 6.65 acre tract and along the south property line
of the said 4.7362 acre tract, 433.36 feet to a 1/2” iron rod found at the northeast property corner of the said 6.65 acre tract of land,
same being the southeast property corner of the said 4.7362 acre tract, said 1/2” iron rod found being on the west property line of a
called 47.267 tract of land identified as “Tract 6“ conveyed to FSA & S Collin County, LLC by deed recorded in D.C.C.I.No. 2015-129157,
D.R.D.C.T
Spooner & Associates, Inc. 309 Byers Street, #100, Euless Texas 76039, PH 817-685-8448 S&A No. 22073 PG 1 OF 2
SPOONER&.CIATES
309 Byers Street, #100Euless, Texas. 76039
81 7-685-8448
www.spoonersurveyors.commmEMmBmDBB
THENCE, South 03'26'21" West, along the east property line of the said 6.65 acre tract and along the said west property line of the
47.267 acre tract, 358.58 feet to a 1/2” iron rod found at the most easterly southeast property corner of the said 6.65 acre tract, same
being the northeast property corner of the said 1.91 acre tract;
THENCE South 03'26’21" West, along the said west property line of the 47.567 acre tract 1,318.39 feet to a 1/2" iron rod with yellow
cap stamped “4158” found at the southeast property corner of the called 1.21 acre tract, same being the most easterly northeast
property corner of the said 4.11 acre tract;
THENCE, South 04'48'50" West, 156.87 feet;
THENCE, South 01'14'01" East, 45.85 feet;
THENCE, South 89'08'34" West, 1,483.41 feet;
THENCE, North 01'40'14" East, 2,994.22 feet; to the Point of Beginning containing 84.8917 acres (3,697,883 square feet) of land moreor less
Spooner & Associates, Inc. 309 Byers Street, #100, Euless Texas 76039, PH 817-685-8448 S&A No. 22073 PG 2 OF 2