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HomeMy WebLinkAboutZ26-0007aORDINANCE NO. Z26-0007a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 2 (R2) DISTRICT TO LIGHT INDUSTRIAL (LI) DISTRICT ON APPROXIMATELY 3.757 ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF EAST UNIVERSITY DRIVE, APPROXIMATELY 1,568 FEET EAST OF THE INTERSECTION OF EAST UNIVERSITY DRIVE AND NORTH TRINITY ROAD 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. (Z26-0007a) WHEREAS, Aimee Bissett of McAdams, on behalf of the property owner, Eagle Build, LLC, has submitted a request to rezone approximately 3.757 acres of land from Residential 2 (R2) district to Light Industrial (LI) District, legally described in Exhibit "A", attached hereto and depicted as Exhibit "B" and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on September 23, 2026, 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 October 27, 2026, 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 the requested zoning district change for the Property, have determined that the proposed change is in the best interest of the health, safety, 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. Page 1 of 6 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 Jill Jester and seconded by Joe Holland , the ordinance was passed and approved by the following vote [ - o ]: Aye Mayor Chris Watts: ✓ Jordan Villarreal, District 1: Nick Stevens, District 2: ✓ Suzi Rumohr, District 3: ✓ Joe Holland, District 4: ✓ George Ferrie, At Large Place 5: ✓ Jill Jester, At Large Place 6: ✓ Nay Abstain Absent PASSED AND APPROVED this the 27th daxll of October , 2026. EW:-U)06U CHRIS WATTS, MAYOR ATTEST: 4�g'd�7119"69%, KRISTI ILBERT, CITY CRETARY ��`, D f�0� BY: �JJJ Page 2 of 5 ��,•� �°..�S4aY"°� APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Page 3 of 5 Exhibit A Legal Description Being a 3.575 acre tract of land situated in the Morreau Forrest Survey, Abstract No. 417, Denton County, Texas and being a portion of that certain parcel conveyed to Eagle Build, LLC by the deed recorded in Document No. 2020-25533, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod, for the POINT OF BEGINNING, being the northwest corner of said Eagle Build, LLC tract, and being the northeast corner of Lot 1-R, Block A, Texas 380 RV Addition, as recorded in Document No. 2022-255, Plat Records, Denton County, Texas, and also being in the existing public south right-of-way line of U.S. Highway 380 (E. University Drive)(having a variable width right-of-way; THENCE North 86°08'39" East, along the north line of said Eagle Build, LLC tract, and along said south right-of-way line, a distance of 586.82 feet to a point, being the northeast corner of said Eagle Build, LLC tract, and being the northwest corner of the Lewisville Lake tract; THENCE South 19°21'23" East, leaving said south right-of-way line, along the east line of said Eagle Build, LLC tract, and along the west line of said Lewisville Lake tract, being a common line, a distance of 282.12 feet to a point; THENCE North 88°05'06" West, leaving said common line, a distance of 140.31 feet to a point; THENCE South 88°33'19" West, a distance of 273.58 feet to a point; THENCE South 86°03'35" West, a distance of 182.44 feet to a point; THENCE South 84'01'52" West, a distance of 119.67 feet to a point, being in the west line of said Eagle Build, LLC tract, and being in the east line of Lot 2, of said Block A, Texas 380 RV Addition; THENCE North 08'01'04" East, along the west line of said Eagle Build, LLC tract, and along the west line of said Block A, a distance of 256.41 feet to the POINT OF BEGINNING and CONTAINING 163,674 square feet, 3.757 acres of land, more or less. Page 4 of 5 Exhibit B Site Location Map Page 5 of 5