HomeMy WebLinkAboutZ24-0010aORDINANCE NO. 224-00 10a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM RURAL RESIDENTIAL (RR)
DISTRICT TO LIGHT INDUSTRIAL (LI) DISTRICT ON APPROXIMATELY 16 ACRES OF
LAND GENERALLY LOCATED 446 FEET EAST OF MASCH BRANCH ROAD, 1,156 FEET
WEST OF LOVERS LANE, AND TO THE SOUTH OF FARM TO MARKET 1173 rN 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. (224-00 10a)
WHEREAS, Linken Real Estate, property owner, requested to rezone approximately 16
acres of land from Rural Residential (RR) District to Light Industrial (LI) District, legally
described in Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the
“Property”); and
WHEREAS, on December 1 1, 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 January 7, 2025, 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 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
Joe Holland, the ordinance was passed and approved by the following vote [ 5 - 2 ] :
Aye Nay Abstain Absent
Mayor Gerard Hudspeth:X
XVicki Byrd, District 1 :
Brian Beck, District 2:X
XPaul Meltzer, District 3 :
Joe Holland. District 4:X
X
X
Brandon Chase McGee, At Large Place 5 :
Jill Jester, At Large Place 6:
PASSED AND APPROVED this the 7th day of January, 2025 .
GERARD HUDSPETH, MAYOR
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ATTEST:
LAUREN THODEN, CITY SECRETARY L\\\\1111111/
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
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Exhibit A
Legal Description
BEING: ALL OF TRACT 28 OF THE LITTLE BROOK ESTATES SUBDIVISION, AN
ADDITION IN DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET A, PAGE 186, PLAT RECORDS, DENTON COUNTY, TEXAS,
AND BEING ALL OF THAT TRACT OF LAND DESCRIBED IN DEED TO MJ HOLDING,
LP, AS RECORDED IN DOCUMENT NO. 2014-3503 1, OFFICIAL RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CONCRETE MONUMENT FOUND AT THE NORTHWEST CORNER
OF SAID TRACT 28 AND THE NORTHEAST CORNER OF LOT 27A-1 R, A REPLAT OF
TRACT 27. ACCORDING TO THE PLAT THEREOF RECORDED IN DOCUMENT NO.
2017-251, OF SAID PLAT RECORDS, AND IN THE SOUTH RIGHT-OF-WAY LINE OF
FARM TO MARKET ROAD 1 173 (F.M. 1173);
THENCE NORTH 89 DEGREES 56 M[NUTES 16 SECONDS EAST WITH THE SOUTH
RIGHT OF WAY LINE OF SAID F.M. 1173 AND THE NORTH LINE OF SAID TRACT 28,
ALONG OR NEAR A FENCE, A DISTANCE OF 548.24 FEET TO A CAPPED IRON ROD
SET FOR CORNER AT THE NORTHWEST CORNER OF TRACT 29 OF SAID LITTLE
BROOK ESTATES AND THE NORTHEAST CORNER OF SAID TRACT 28 OF SAID
LITTLE BROOK ESTATES, FROM WHICH A CONCRETE MONUMENT FOUND
FOR THE NORTHEAST CORNER OF SAID TRACT 29 BEARS SOUTH 88 DEGREES 27
MINUTES 15 SECONDS EAST, A DISTANCE OF 516.34 FEET;;
THENCE SOUTH 00 DEGREES 05 MINUTES 57 SECONDS EAST, WITH THE EAST
LINE OF SAID TRACT 28 AND THE WEST LINE OF SAID TRACT 29, ALONG OR NEAR
A FENCE. A DISTANCE OF 1270.21 FEET TO A METAL FENCE CORNER POST FOUND
FOR CORNER AT THE SOUTHEAST CORNER OF SAID TRACT 28 AND THE
SOUTHWEST CORNER OF SAID TRACT 29, AND IN THE NORTH LrNE OF THAT
CERTAIN TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF DENTON, AS
RECORDED IN DOCUMENT NO. 2005-84570, OF SAID OFFICIAL RECORDS, FROM
WHICH A CONCRETE MONUMENT FOUND FOR THE NORTHEAST CORNER HEREOF
BEARS SOUTH 89 DEGREES 40 M[NUTES 47 SECONDS EAST A DISTANCE OF 300.52
FEET
THENCE NORTH 89 DEGREES 40 MrNUTES 47 SECONDS WEST, WITH THE SOUTH
LINE OF SAID TRACT 28 AND THE NORTH LrNE OF SAID CITY OF DENTON TRACT,
ALONG OR NEAR A FENCE A DISTANCE OF 550.77 FEET TO A CAPPED IRON ROD
SET FOR CORNER AT THE SOUTHWEST CORNER OF SAID TRACT 28 AND THE
SOUTHEAST CORNER OF THAT CERTAIN CALLED 2.18 ACRE TRACT OF LAND
DESCRIBED IN DEED TO BARBARA GAILEY, AS RECORDED IN DOCUMENT NO.
2009- 103041, OF SAID OFFICIAL RECORDS, FROM WHICH A CAPPED IRON ROD
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FOUND FOR THE SOUTHWEST CORNER THEREOF AND THE NORTHWEST CORNER
OF SAID CITY OF DENTON TRACT BEARS NORTH 89 DEGREES 40 MINUTES 47
SECONDS WEST, A DISTANCE OF 418.28 FEET;
THENCE NORTH 00 DEGREES 01 MINUTES 53 SECONDS WEST, WITH THE WEST
LINE OF SAID TRACT 28 AND THE EAST LINE OF SAID 2.18 ACRE TRACT, PASS[NG
A CAPPED IRON ROD FOUND FOR THE NORTHEAST CORNER THEREOF AND THE
SOUTHEAST CORNER OF A CERTAIN TRACT OF LAND DESCRIBED [N DEED TO
THE CITY OF KRUM AS RECORDED IN DOCUMENT NO. 2004-94079, CONTINUING
ON SAID COURSE AT 227.48 FEET, AND CONT[NUING ON SAID COURSE, PASSING
THE NORTHEAST CORNER OF SAID CITY OF KRUNI TRACT AND A SOUTHEAST
CORNER OF SAID LOT 27A-1 R, CONTINUING FOR A TOTAL DISTANCE OF 1266.53
FEET TO THE PLACE OF BEGINNING, AND CONTA[NING 16.00 ACRES OF
LAND, MORE OR LESS
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