Z23-0001aORDINANCE NO. 223-000 1a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE rN THEZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 29.714 ACRES
OF LAND FROM PLANNED DEVELOPMENT 120 (PD-120) DISTRICT TO MIXED-USENEIGHBORHOOD (MN) DISTRICT. THE SITE IS GENERALLY LOCATED AT THESOUTH OF LOOP 288, APPROXIMATELY 1,640 FEET WEST OF NORTH LOCUST
STREET (F.M. 2164) IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTINGAN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR APENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;PROVIDING FOR SEVEMBILITY AND AN EFFECTIVE DATE. (223-0001 a, Loop 288 PDto MN)
WHEREAS, 97 Land Company, applied on behalf of the property owner, Gardens of
Denton, LP, for a zoning change from Planned Development 120 (PD-120) District to Mixed-Use
Neighborhood (PD-MN) District on approximately 29.714 acres, legally described and depicted
in Exhibit “A“ (hereinafter, the “Property“); and
WHEREAS, on March 1, 2023, the Planning and Zoning Commission, in compliance with
the laws of the State of Texas, having given the requisite notices by publication and otherwise, and
having 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 zoning change; and
WHEREAS, on April 4, 2023, 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 for a zoning change to Mixed-Use Neighborhood (MN) District set forth in Section 2.7.2
of the Denton Development Code, and is consistent with the Denton 2040 Comprehensive Plan
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 change in the zoning classification of the property,
have determined that the proposed use is in the best interest in 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 changed
from Planned Development 120 (PD- 120) District to Mixed-Use Neighborhood (PD-MN) District.
Development of the Property shall be in accordance with the Development Standards of the Denton
Development Code, as amended.
SECTION 3. The City’s official zoning map is hereby amended to show the change in the
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, entity 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.
seco-d.T;y”'#=-T.’rp"CJ::''FeE::~’; ""t:y.Nh'==,Ji;:i -„d .pp'.„.;::
the following vote [X - E :
Nay Abstain Absent
Mayor Gerard Hudspeth:
Vicki Byrd, District 1 :
Brian Beck, District 2:y
Jesse Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:,/
PASSED AND APPROVED this the tIIL dayof 2023
ATTEST:
ROSA RIOS, CITY SECRETARY
BY
tbPuty avsMWW
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
Ihhh / 1Wh gi1 ; ;To: :R r : : : 5 1 : 5 4BY: J v -05'OO’
EXHIBIT “A”
METES AND BOUNDS DESCRIPTION
BEING a tract of land situated in the T. Toby Survey, Abstract No. 1288, City of Denton, Denton
County, Texas, being all of a tract conveyed to Gardens of Denton 111, L.P., by deed recorded in
Document No. 2014-77379 of the Deed Records of Denton County, Texas, with the subject tract
being more particularly described as follows :
BEGINNING at a 1/2 inch iron rod found lying in the southeast right-of-way line of StateHighway Loop 288 (variable width right-of-way) and the northeast corner of a tract of land
conveyed to Beall Denton Partners, LP, by deed recorded in Document No. 2003-201281 of the
Deed Records of Denton County, Texas;
THENCE along said southeast right-of-way line of State Highway Loop 288, the following coursesand distances :
N 74'’32’55" E, 205.70 feet to an aluminum monument found;
N 70'’37' 19" E, 388.58 feet to an aluminum monument found;
N 70'’49’ 19" E, 716.56 feet to a 1/2" capped iron rod found;
Along a non-tangent curve to the right having a central angle of 05'’12'27", a radius of
5619.58 feet, a chord of N 73'’25'00'’ E - 510.59 feet, an arc length of 510.77 feet to an
aluminum monument found;
THENCE, N 83'’32’26'’ E, 71.72 feet to the northwest corner of a right-of-way dedication recorded
in Document No. 2013-233 of the Plat Records of Denton County, Texas;
THENCE, S 01'’03'08" W, passing at a distance of 40.62 feet the southwest corner of said right-
of-way dedication and the northwest corner of Lot 5, Block A of Locust LP Addition, an addition
to the City of Denton County, Texas, according to the plat thereof recorded in Document No. 20 13-
233 of the Plat Records of Denton County, Texas, thence passing at a distance of 476.67 feet thesouthwest corner of said Lot 5, Block A and the northwest corner of Lot 1, Block A of said Locust
LP Addition, an continuing a total distance of 1017.21 feet to a 1/2" capped iron rod found lying
in the north line ofBeall Way Addition, an addition to the City of Denton County, Texas, according
to the plat thereof recorded in Document No. 2019-156 of the Plat Records of Denton County,Texas9
THENCE, N 89'’45'45" W, passing at a distance of 1274.91 feet the northwest corner of said Beall
Way Addition and the northeast corner ofNorthpointe Phase 6, an addition to the City of Denton
County, Texas, according to the plat thereof recorded in Document No. 2021-224 of the Plat
Records of Denton County, Texas, and continuing a total distance of 1663.35 feet to the southeast
corner of a tract of land conveyed to Beall Denton Partners, LP, by deed recorded in Document
No. 2003-201281 of the Deed Records of Denton County, Texas;
THENCE, N 15'’22'32" W, 453.45 feet along the eastern line of said Beall Denton Partners tract,
to the POINT OF BEGINNING with the subject tract containing 1,294,492 square feet or 29.717
acres of land