Z23-0012aFILE REFERENCE FORM
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II-S.b3 1 fcqq.361
ORDINANCE NO. 223-0012a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE iN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM PLANNED DEVELOPMENT (PD)
DISTRICT TO SUBURBAN CORRIDOR (SC) DISTRICT ON APPROXIMATELY 1.09
ACRES OF LAND, GENERALLY LOCATED EAST OF TEASLEY LANE (FM 2181),
APPROXIMATELY 440 FEET SOUTH OF THE INTERSECTION OF TEASLEY LANE (FM
2181) AND ROBINSON ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVID[NG
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (223-
00 1 2a)
WHEREAS, Edgar Medina of MAS Civil Engineers, on behalf of the property owner, LAN
Wheeler Ridge, LLC, property owner, has submitted a request to rezone approximately 1.09 acres
of land from Planned Development (PD) District to Suburban Corridor (SC) District, legally
described in Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the
“Property”); and
WHEREAS, PD-176 Zoning District was approved by City Council on October 5, 1999
pursuant to Ordinance No. 99-367 to include 168.57 acres of land, and which includes the Property;
and
WHEREAS, on November 15, 2023, 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 (5-1) of the request; and
WHEREAS, on December 5, 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 set forth in Section 2.7.2 of the Denton Development Code, and is consistent
with the Denton 2040 Comprehensive Plan and the Denton Code of Ordinances, as amended; 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 interests 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 the 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
from Planned Development (PD) 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 B,,KIev,x aA.& h,eec and
seconded by &,q-- Sec M , the ordinance was passed and approved by
the following vote K - 6 ]:
M NIa /' Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2 :./
J
a
J
Paul Mleltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Chris Watts, At Large Place 6:7
' 2023.PASSED AND APPROVED thi, th, S+- d,„ ,f D,,,_.v,,/
,rr,,#)R
Page 2 of 3
ATTEST:
JESUS SALAZAR, CITY SECRETARY L\\\! !
I ! :( sf1 ::?Zrz
APPROVED AS TO LEGAL FORM:
MACK RErNWAND, CITY ATTORNEY
Hilary Negron
2023.1 1.27 10:05:53
Page 3 of 3
EXHIBIT A
LEGAL DESCRIPTION
Being a 1.09 acre tract of land out of the Berry Merchant Survey, Abstract No. 800, situated in the
City of Denton, Denton County, Texas, and being a portion of Lot 2, Block A of Wheeler Ridge
Commercial, a subdivision of record in Document Number 2010-177 of the Plat Records of Denton
County, Texas, and being all of a called 1.08 acre tract of land conveyed to LAN Wheeler Ridge,
LLC by deed of record in Document Number 2016-1 04730 of the Official Records of Denton County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING, at an X-cut found in the East right-of-way line of Teasley Lane (F.M. 2181 – right-of-
way width varies) , being the most Westerly Northwest corner of Lot 1 , Block A of Wheeler Ridge
Commercial, a subdivision of record in Document Number 2010-63 of said Plat Records, being the
Southwest corner of said Lot 2 and said 1.08 acre tract;
THENCE, N02'24’20'’W, along the East right-of-way line of Teasley Lane, being the common West
line of said Lot 2 and said 1.08 acre tract, a distance of 1 75.09 feet to an X-cut found at the
Southwest corner of Lot 3, Block A of Wheeler Ridge Commercial, a subdivision of record in
Document Number 2013-286 of said Plat Records, being the Northwest corner of said 1.08 acre
tract
THENCE, N87'52'57''E, leaving the East right-of-way line of Teasley Lane, along the South line of
said Lot 3, being the common North line of said 1.08 acre tract, a distance of 271.15 feet to a 1/2
inch iron rod found in the West line of said Lot 1, being the common East line of said Lot 2, also
being the Southeast corner of said Lot 3, also being the Northeast corner of said 1.08 acre tract;
THENCE, along the West line of said Lot 1 , being the common East and South lines of said Lot 2
and said 1.08 acre tract, the following two (2) courses and distances:
1
2
S02'24'20"E, a distance of 1 73.73 feet to a mag nail found at the Southeast corner of said
Lot 2 and said 1.08 acre tract, being an interior eII corner in the West line of said Lot 1 ;
S87'35'40’'W, a distance of 271.15 feet to the POINT OF BEGINNING, and containing an
area of 1 .09 acres (47,291 square feet) of land, more or less.