2006-010
S:\OUT Documents\Ordinances\06\Z05-0029.doc
ORDINANCE NO. ;).60(0 - 0 1(,\
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING
CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED-
USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN
OVERLAY DISTRICT ONLY ALLOWING CHURCH FACILITIES FOR APPROXIMATELY 20
ACRES OF LAND LOCATED APPROXIMATELY 2600 FEET SOUTH OF BRUSH CREEK
ROAD TO THE EAST OF FORT WORTH DRIVE AND LEGALLY DESCRIBED AS TRACTS 3,
4, 5, 2A, 3A, 4A, 5A, 5B, 6 AND PORTION OF TRACT I OF THE WM. HUDSON SURVEY
AND PORTION OF TRACT 2C OF THE HAGOOD SURVEY IN THE CITY OF DENTON,
DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT
OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (Z05-0029)
WHEREAS, Garrett-Ihnen Civil Engineers has applied for a change in zoning for
approximately 20 acres of land from a Neighborhood Residential 2 (NR-2) zoning district
classification and use designation to a Neighborhood Residential Mixed-Use (NRMU) zoning
district classification and use designation with an overlay district only allowing church facilities; and
WHEREAS, on December 14,2005, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council makes the following findings:
a. The change in zoning, including the overlay district, is consistent with the
Comprehensive Plan; and
b. The overlay district will protect and enhance the Property and surrounding area
which are distinct from lands and structures outside of the overlay district and the
immediate neighborhood; and
c. The regulations imposed in the overlay district serve important and substantial
public interests by preserving the integrity of the neighborhood surrounding the
overlay district while offering a different type of residential home to the public
and the neighborhood
WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the
Development Code; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference.
SECTION 2. The zoning district classification and use designation is hereby changed from
Neighborhood Residential 2 (NR-2) zoning district classification and use designation to
Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation
with an overlay district only allowing church facilities for approximately 20 acres more particularly
described in Exhibit "A", which is attached hereto and incorporated herein by reference (the
"Property"). Notwithstanding the above real property description, the property being rezoned
includes all property to the centerline of all adjacent street rights-of-way.
SECTION 3. The City's official zoning map is amended to show the change in zoning
district 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 other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 5. Any person violating any provision ofthis ordinance shall, upon conviction, be
fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
SECTION 6. 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.
PASSED AND APPROVED <h;' fu<iy,d d'yof ~"" ~ ' 2006.
C~ 1~cL-
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY'
BY~t1.f t- dati!, v
APPROVED AS TO LEGAL FORM:
EDWIN M SNYDE, Y A TTO EY
BY:
PAGE 2
EXHIBIT A
LEGAL DESCRIPTION
All that certain tract of land situated in the W. Hudwn Survey Abstract Number 586 and the H.
H. Hagood Survey Abstmct Number 517, City of Denton, Denton County, Texas, and being all of
the c,aUed 14.084 acre tract described in the deed from Cannen Investments, Inc. to Argyle United
Methodist Church recorded in Volume 5167, Page 1076 of the Real Property Reoords of Denton
County, Texas, all of the called 0.8466 acre tract described in the deed from Mack McGalliard et
ux to Thomas J. McGalliard et ux recorded in Volume 2913, Page 104 of the said Real Property
Records, a part of the tract of land described in the deed to Mack McGalliard recorded in Volume
438, Page 688 of the Deed Records of Denton County, Texas, all of the caned 0.571 acre tract
described in the deed from Larry D. Miller to Argyle United Methodist Church recorded under
Clerk's File Number 2004-37753 of the Real Property Records, all of the called 0.366 acre tract
described in the deed to Morrell Miller recorded in Volume 1919, Page 469 of the said Deed
Recerds, and part of the called 148. ] 800 acre tract described in the deed from Matthews Country
Club Estates, L.P. to Carmen Investments, Inc. recorded in Volume 4747, Page 1842 of the Real
Property Records; the subject tract being more particularly desL1ibed as follows:
BEGINNING for the Southwest comer of the lract being described herein at a I inch iron rod
found at the Southwest comer of the said 14.084 acre tract and the Northwest comer of Lot 3,
Block A of Redgate Pecan Estates as shown by the plat theroof recorded in Cabinet M, Page \44
of the Plat Reoords of Denton County, Texas on the Southeast right-of-way line of U.S. Highway
377;
THENCE North 27 Degrees 29 Minutes 39 Seoonds East with the Southeast right-oj:way line of
U.S. Highway 377 a distance of 1,007.24 feet to a 1/2 inch iron rod with a plastic cap stamped
"GOODWIN & MARSHALL" found at the Northwest comer of the 14.084 acre tract:
THENCE South 62 Degrees 32 Minutes 24 Seconds East with the North line of the 14.084 acre
tract pa.~sing at a distance of 492.59 feet a lf2 inch iron rod with a plastic cap stamped
"GOODWL'J & MARSHALL" found at the Northeast comer thereof and continuing along the
same course, in all, a total distance of 713.25 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "COLEMAN RPLS 4001" set for the Northeast comer of the herein described tract;
THENCE South 00 Degrees 15 Minutes 30 Seoonds West across the said 148.1800 acre tract a
distance of 670.04 feet to a.1 inch steel post in a pipe fence on the South line of the 148.\800 acre
tract and the North line of the said Lot 3, Block A from which a \/2 inch iron rod sct with a
yellow plastic cap stamped "COLEMAN RPLS 4001" bears Somh 79 Degrees 09 Minutes 28
Seeonds West a distance of OJ feet;
THENCE South 79 Degrees 09 Minutes 28 Seconds We.~t along the said pipe fence with the
North line of Lot 3, Block A and the South line of the 148.1800 acre tract passing at a distance of
200.00 feet a \12 inch iron rod with a plastic cap sumped "GOODWIN & MARSHALL" found
at the Southeast comer of [he 14.084 acre tract and cominuing with the South line thereof, in all, a
tolal distance of 802.66 feet to a 3 inch steel post at an angle point in the South line of the \4.084
acre tract and the North line of Lot 3, Block A;
',' ,
THENCE North 50 Degrees 05 Mimrtes II Seconds West along the pipe fence with the North
line of Lot 3, Block A and the South line of the 14.084 acre tract a distance of 399.65 feet to the
PLACE OF BEGINNING and enclosing 19.522 acres ofland.