HomeMy WebLinkAboutZ24-0008aORDINANCE NO. 224-0008a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A REQUEST TO
REZONE APPROXIMATELY 7.8 ACRES OF LAND FROM RURAL RESIDENTIAL (RR)
DISTRICT TO LIGHT INDUSTRIAL (LI) DISTRICT GENERALLY LOCATED
APPROXIMATELY 400 FEET SOUTH OF US 380 AND APPROXIMATELY 1,300 FEET
WEST OF N. MASCH BRANCH ROAD IN THE CITY OF DENTON, DENTON COUNTY,
TEXAS; ADOPT[NG AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP;
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (224-0008a)
WHEREAS, Rhonda Hurst of Eikon Consulting Group LLC, on behalf of the property
owner, requested to rezone approximately 7.8 acres of land from Rural Residential (RR) District
to Light Industrial (LI) District, legally described in Exhibit “A”, and depicted in Exhibit “B”
attached hereto and incorporated herein by reference (hereinafter, the “Subject Property”); and
WHEREAS, on June 26, 2024, 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 [5-0] of the request; and
WHEREAS, on August 6, 2024, 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 Development Code; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for establishing a zoning district change 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 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
to Light Industrial (LI) 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.
,....d.T;y""PIt' T::I; thi; ''di'’"" ”’; "'I::rdi£'cbiasTaIIi and approv.;I
the following vote K - L] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:,/
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Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :
Joe Holland, District 4:
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED thI, th, AIL d,y ,f n, S,a , 2024.
GERARD HUDSPETH, MAYOR
Page 2 of 7
ATTEST:
LAUREN THODEN, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
BY:
Page 3 of 7
Exhibit A
Legal Description
TRACT 1
BEING a 7.081 acre tract of land out of the G.H. Barb Survey, Abstract No. 208, situated in the
City of Denton, Denton County, Texas, said tract being a portion of a called 29.11 acre tract of
land conveyed as Tract 1 to Crow-Billingsley Denton GHB, Ltd. by deed of record in Document
Number 2023-40765 of the Official Records of Denton County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the southwest corner of said 29.11 acre tract, being
an interior ell corner of a called 69.18 acre tract of land conveyed to Crow-Billingsley Denton
LPB, Ltd. by deed of record in Document Number 2023-59178 of said Official Records, and to
Thimphu Development, Ltd. by deed of record in Document Number 2023-23380 of said
Official Records, and being the southwest corner hereof;
THENCE, N00'’14’46"E, along the west line of said 29.11 acre tract and the common east line
of said 69.18 acre tract, a distance of 329.38 feet to a point for the northwest corner hereof;
THENCE, over and across said 29.11 acre tract, the following two (2) courses and distances:
1. S87'’50’35"E, a distance of 977.22 feet to a point for the northeast corner hereof;
2. SOUTH, a distance of 301.83 feet to a 1/2 inch iron rod found in the south line of said
29.11 acre tract, being the northwest corner of a called 28.756 acre tract of land conveyed
to Jack Vanderhoff and wife, Louise Vanderhoff by deed of record in Volume 551, Page
4 of the Deed Records of Denton County, Texas, also being the northeast corner of a
called 19.109 acre tract of land conveyed to Mark and Linda Cole by deed of record in
Document Number 2001-2549 of said Official Records, and being the southeast corner
hereof
THENCE, N89'’27’34'’W, along the south line of said 29.11 acre tract, in part being the common
north line of said 19.109 acre tract, and in part being the common north line of said 69.18 acre
tract, a distance of 977.99 feet to the POINT OF BEGINNING, and containing an area of 7.081
acres (308,434 square feet) of land.
Bearings are based on GPS observations utilizing the AlITerra RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the
results of an on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared.
Page 4 of 7
TRACT 2
BEING a 0.414 acre tract of land out of the G.H. Barb Survey, Abstract No. 208, situated in the
City of Denton, Denton County, Texas, said tract being a portion of a called 0.93 acre tract of
land conveyed as Tract 2 to Crow-Billingsley Denton GHB, Ltd. by deed of record in Document
Number 2023-40765 of the Official Records of Denton County, Texas, and being more
particularly described by mens and bounds as follows:
BEGINNING at a 5/8 inch iron rod found in the north line of a called 69.18 acre tract of land
conveyed to Crow-Billingsley Denton LPB, Ltd. by deed of record in Document Number 2023-
59178 of said Official Records, and to Thimphu Development, Ltd. by deed of record in
Document Number 2023-23380 of said Official Records, being the southeast corner of a called
26.85 acre tract of land conveyed to Series V by deed of record in Document Number 2021-
102870 of said Official Records, also being the southwest corner of said 0.93 acre tract and
hereof
THENCE, N00'’36’13"E, along the east line of said 26.85 acre tract and the common west line
of said 0.93 acre tract, a distance of 331.10 feet to a point for the northwest corner hereof;
THENCE, S87'’50'35"E, over and across said 0.93 acre tract, a distance of 53.68 feet to a point
in the east line of said 0.93 acre tract and the common west line of said 69.18 acre tract, for the
northeast corner hereof;
THENCE, SC)0'’15’54"W, along the east line of said 0.93 acre tract and the common west line of
said 69.18 acre tract, a distance of 329.75 feet to an “X” cut found on a wall, being an interior ell
corner of said 69.18 acre tract, also being the southeast corner of said 0.93 acre tract and hereof;
THENCE, N89'’17’27"W, along the south line of said 0.93 acre tract and the common north line
of said 69.18 acre tract, a distance of 55.61 feet to the POINT OF BEGINNING, and containing
an area of 0.414 acres (18,052 square feet) of land.
Bearings are based on GPS observations utilizing the AlITena RTK Network, North American
Datum of 1983 (Adjustment Realization 2011).
This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the
results of an on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared.
Page 5 of 7
TRACT 3
BEING a 0.292 acre tract of land out of the G.H. Barb Survey, Abstract No. 208, situated in the
City of Denton, Denton County, Texas, said tract being a portion of a called 69.18 acre tract of
land conveyed to Crow-Billingsley Denton LPB, Ltd. by deed of record in Document Number
2023-59178 of the Official Records of Denton County, Texas, and to Thimphu Development,
Ltd. by deed of record in Document Number 2023-23380 of said Official Records, and being
more particularly described by metes and bounds as follows:
COMMENCING at an “X” cut found on a wall at the southeast corner of a called 0.93 acre tract
of land conveyed as Tract 2 to Crow-Billingsley Denton GHB, Ltd. by deed of record in
Document Number 2023-40765 of said Official Records, being an interior ell corner of said
69.18 acre tract;
THENCE, N00'’15’54’'E, along the east line of said 0.93 acre tract and the common west line of
said 69.18 acre tract, 118.04 feet to the POINT OF BEGINNING and southwest corner hereof;
THENCE, N00'’15'54'’E, continuing along the east line of said 0.93 acre tract and the common
west line of said 69.18 acre tract, a distance of 211.71 feet to a point for the northwest corner
hereof
THENCE, S87'’50’35’'E, over and across said 69.18 acre tract, a distance of 60.27 feet to a point
in the east line of said 69.18 acre tract and the common west line of a called 29.11 acre tract of
land conveyed as Tract 1 to Crow-Billingsley Denton GHB, Ltd. by deed of record in Document
Number 2023-40765 of said Official Records, for the northeast corner hereof;
THENCE, S00'’ 14’46"W, along the west line of said 29.11 acre tract and the common east line
of said 69.18 acre tract, a distance of 210.08 feet to a point for the southeast corner hereof, from
which a 1/2 inch iron rod found at the southwest corner of said 29.11 acre tract, being an interior
ell corner of said 69.18 acre tract, bears S00'’14’46"W, a distance of 1 19.3 1 feet;
THENCE, N89'’24’00"W, over and across said 69.18 acre tract, a distance of 60.31 feet to the
POINT OF BEGINNING, and containing an area of 0.292 acres (12,712 square feet) of land.
Bearings are based on GPS observations utilizing the AlITema RTK Network, North American
Datum of 1 983 (Adjustment Realization 2011).
This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the
results of an on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundary of the political subdivision for which it was prepared.
Page 6 of 7
Exhibit B
Subject Property Map
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Page 7 of 7