HomeMy WebLinkAboutS24-0006aORDINANCE NO. S24-0006a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROV[NG A SPECiFIC USE
PERMIT TO ALLOW FOR AN EQUIPMENT SALES AND RENTAL USE ON
APPROXIMATELY 4.25 ACRES OF LAND, GENERALLY LOCATED WEST OF NORTH
INTERSTATE-35, EAST OF THE TERMINUS OF JIM CHRISTAL ROAD, AND
APPROXIMATELY 1,000 FEET NORTH OF WEST OAK 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 FOR SEVERABILITY AND AN
EFFECTIVE DATE. (s24-oo06 – NATIONAL EQUIPMENT DEALERS - DENTON)
WHEREAS, Mack Mattke with Kimley-Horn & Associates (the “Applicant”),
representing the property owner Texas Blue Horseshoe LTD applied for a Specific Use Permit
(“SUP”) to allow for an equipment sales and rental use on approximately 4.25 acres of land within
the Light Industrial (LI) zoning district, legally described in Exhibit “A” (hereinafter, the
“Property”); and
WHEREAS, on March 19, 2025, the Planning and Zoning Commission, in compliance
with the laws of the State of Texas, having given the requisite notices by publication and otherwise,
and having afforded full and fair hearings to all property owners interested in this regard,
recommended approval [4-0] of the requested SUP, subject to conditions; and
WHEREAS, on April 15, 2025, the City Council likewise conducted a public hearing as
required by law to consider the SUP request, and finds that the request is consistent with the Denton
2040 Comprehensive Pian and federal, state, and local law, and that the Applicant has agreed to
comply with all provisions of the Denton Development Code (“DDC”), and has further agreed to
comply with the additional restrictions and conditions set forth herein; and
WHEREAS, the City Council has determined that it will be beneficial to Denton and its
citizens to grant the SUP; that such grant will not be detrimental to the public welfare, safety, or
health; that proposed permit, as conditioned below, satisfies criteria set forth in Sections 2.4.5E
and 2.5.2D of the Denton Development Code; and that the SUP should be granted; 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 SUP to allow the Equipment Sales and Rental use on the Property as
shown on the site plan and landscape plan attached and incorporated herein as Exhibit “B” and
Exhibit “C,” is hereby approved, with the following conditions:
1. Development of the site shall substantially comply with the attached Site Plan and
Landscape Plan. Administrative approval of changes that do not increase the size of
the designated equipment rental display and storage areas, change the number of
parking spaces, decrease the buffer and screening requirements, or result in a decrease
of more than 5 percent in the landscape area for the whole site may be administratively
approved, if such changes are permissible per the Denton Development Code. All
other changes shall require a Specific Use Permit amendment in accordance with the
Denton Development Code.
2.Notwithstanding the limited administrative approvals authorized in condition 1, the
City reserves the right to require approval by ordinance of any amendments or
alterations to the SUP, the attached Site Plan, and the attached Landscape Plan,
including those referenced in condition 1. The attached site plan and landscape plan
are incorporated as requirements of the SUP.
3.Improvements within the Texas Department of Transportation (TxDOT) right-of-way
require approval by TxDOT. If TxDOT plans for the widening of North Interstate-35
impact the subject property and minor alterations are required to realign the proposed
drive aisle, add a turn lane, or any other changes required by TxDOT, these changes
may be approved by City staff, provided that the final configuration of the right-of-
way complies with the TxDOT requirements as well as all elements of the DDC and
that the drive aisle width remains no less than 30-foot wide at the subject property
line. All other changes to site access shall require a Specific Use Permit amendment
in accordance with the Denton Development Code.
4.Repairs and maintenance services of equipment shall be conducted entirely within an
enclosed structure. Inoperable or wrecked equipment or materials shaII be maintained
entirely within an enclosed structure or shall be opaquely screened from the North
Interstate-35 and Jim Christal rights-of-way, and shall comply with standards in
Subsection 7.7.8: Walls, Fences, and Screening. Staff may approve changes to fences
proposed on the attached Site Plan and Landscape Plan to accommodate for screening
of future outdoor storage.
5. The zoning map shall reflect the Specific Use Permit on the property consistent with
the Post-Decision Action Steps for Specific Use Permits in the 2019 DDC.
SECTION 3. Failure to Comply. All terms of the SUP shall be complied with prior to
issuance of a Certificate of Occupancy. Failure to comply with any term or condition of this
ordinance will result in the SUP being declared null and void, and of no force and effect. The SUP
is issued to the entity named above runs with the land and is assignable and transferable to
subsequent owners of the Property.
SECTION 4. SUP Regulations. Upon notice to the Property owner and a hearing before
the City Council, a SUP may be revoked or modified if: 1. There is one or more of the conditions
imposed by this ordinance that has not been met or has been violated on the Property; or 2. The
SUP was obtained or extended by fraud or deception; or 3. As otherwise permitted by law and/or
the current DDC.
SECTION 5. Unlawful use. It shall be unlawful for any person, firm, entity, or corporation
to make use of the above-referenced Property in some manner other than as authorized by the
current DDC, Code of Ordinances, and this ordinance.
SECTION 6. Severability. 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 7. Penalty. Any person, firm, entity, or corporation violating any provision of
this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation.
Each day that a provision of this ordinance is violated shall constitute a separate and distinct
offense. The penal provisions imposed under this ordinance shall not preclude Denton from filing
suit to enjoin the violation and it retains all legal rights and remedies available to it under local,
state and federal law.
SECTION 8. 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 Jill Jester and seconded by Brandon
Chase McGee, the ordinance was passed and approved by the following vote [ 7 - 0 ] :
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 this the 15th day of April, 2025.
GERARD HUDSPETH, MAYOR
ATTEST:
LAUREN THODEN, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
MACK REINWAND. CITY ATTORNEY
Exhibit A
Legal Description
BEING a 4.2535 acre (185,284 square foot) tract of land situated in the BBB & C RR Co
Survey, Abstract No. 192 and the Eugene Puchalski Survey, Abstract No. 996, City of Denton,
Denton County, Texas, being part of a tract of land described as Tract One in a Special Warranty
Deed to Texas Blue Horseshoe. LTD. recorded in Instrument No. 2007-143669, Official
Records, Denton County, Texas (O.R.D.C.T.), said tract being more particularly
described as follows:
BEGINNING at a 1/2" iron rod found with a cap in the southwest right-of-way line of Interstate
Highway No. 35 (a variable width right-of-way);
THENCE along the said southwest right-of-way line of Interstate Highway No. 35 the following
seven (7) calls:
South 16'’24’04" East, a distance of 239.59 feet to a 5/8" iron rod found;
South 39'’58'38" West, a distance of 12.86 feet to a point for corner;
South 54'’07'22" East, a distance of 17.46 feet to a point for corner;
South 16'’26’08" East, a distance of 62.79 feet to a 5/8" .iron rod found;
South 18'’23'57" East, a distance of 200.12 feet to an aluminum TxDOT disc found;
South 14'’40'35'’ East, a distance of 100.04 feet to a 5/8" iron rod found;
South 16'’23’41 " East, a distance of 0.32 feet to a point for corner;
THENCE South 45'’16’00" West, departing the said southwest right-of-way line of Interstate
Highway No. 35, a distance of 242.97 feet to a point for corner in the northeast right-of-way line
of the Kansas City Southern Railway (a 150’ right-of-way);
THENCE North 22'’24’ 12" West, along the said northeast right-of-way line of the Kansas City
Southern Railway, a distance of 828.47 feet to a 5/8-inch iron rod with cap stamped '’KHA"
found
THENCE North 89'’35’35" East, departing the said northeast right-of-way line of the Kansas
City Southern Railway, a distance of 308.46 feet to the POINT OF BEGINNING and
containing 185,284 square feet or 4.2535 acres of land, more or less.
Exhibit B
Site Plan
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Exhibit C
Landscape Plan
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