HomeMy WebLinkAboutZ24-0013aORDINANCE NO. 224-0013a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM A GENERAL OFFICE (GO)
DISTRICT TO A HIGHWAY CORRIDOR (HC) DISTRICT ON APPROXIMATELY .358
ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF 135E
APPROXIMATELY 1,500 FEET NORTH OF SCHUYLER STREET IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS; ADOPTING 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. (224-0013a)
WHEREAS, RV Land Acquisitions, LP, requested to rezone approximately .358 acres of
land from General Office (GO) District to Highway Corridor (HC) District, legally described in
Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”);
and
WHEREAS, on October 9, 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 (4- 1) of the request; and
WHEREAS, on December 3, 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 Highway Corridor (HC) 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 Gerard Hudspeth and seconded by
Jill Jester, the ordinance was passed and approved by the following vote [6 - 1] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:X
X
X
X
X
X
Vicki Byrd, District 1 :
Brian Beck, District 2:
Paul Meltzer, District 3 :X
Joe Holland, District 4:
Brandon Chase Mc(3ee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 3rd day of December, 2024.
SPETH, MAYOR
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ATTEST:
LAUREN THODEN, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Exhibit A
Legal Description
BEING a tract of land situated in the B.B.B. & C. RR. Co. Survey, Abstract No.
141, in the City of Denton, Denton County, Texas and being a portion of
a called 91.692 acre tract described in a Special Warranty Deed to
BCOM LAND, LLC, as recorded in document No. 2024-41140 of the
Official Records of said county, and being more particularly described
by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found for the most westerly northwest
corner of Lot IR, Block A of 1-35 RV Center, an addition to the City of
Denton, Texas, according to the Final Plat thereof, recorded in
Document No. 2019-298 of the Plat Records of said county, same being
an inner “L“ corner of said 91.692 acre tract; THENCE North
00'’38’36" East, crossing said 91.692 acre tract, a distance of 60.70 feet
to a 1/2 inch iron rod with a yellow cap, stamped "Trinity 6854", set on
the southerly line of Lot 1, Block B of Western Hills Business Park, an
addition to the City of Denton, Texas, according to the Final Plat
thereof, recorded in Cabinet M, Page 300 of said Plat Records, common
to a north line of said 91.692 acre tract, said point bears South
89'’45'46” East, a distance of 430.62 feet from a 1/2 inch iron rod found
for an inner "L“ corner of said 91.692 acre tract and the southwest
corner of said Lot 1, Block B;
THENCE South 89'’45’46" East, with said common line, a distance of 257.30
feet to a 1/2 inch iron rod found for the most northerly northwest corner
of said Lot 1 R, Block A and a northeast corner of said 91.692 acre tract;
THENCE South 00'’ 10’06" West, with the most northerly west line of
said Lot IR, Block A and an east line of said 91.692 acre tract, a
distance of 60.55 feet to a PK nail found for a southeast corner of said
91.692 acre tract and an inner “L“ corner of said Lot IR, Block A;
THENCE North 89'’47’44" West, with the most westerly north line of
said Lot IR, Block A, and a south line of said 91.692 acre tract, a
distance of 257.80 feet to the POINT OF BEGINNING and containing
15,613 square Feet or 0.358 acres of land, more or less.
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