2017-072S:\Legal\Our Documents\Ordinances\17\Z16-0018 Ordinance.docx
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WHEREAS, H3H, LLC, property owner, has applied for a zoning change for
approximately 5.3 acres of property legally described legally described in Exhibit "A" and of
which the location is shown in Exhibit "B" (hereinafter, the "Property") from a RCR-1 District to
an EC -C District; and
WHEREAS, on February 8, 2017, 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 of the change in zoning district and use classification;
and
WHEREAS, on February 21, 2017, 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 35.3.4 of the Denton Development Code, and is consistent
with the Denton Plan and the Denton Development Code;
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for a change in the zoning classification of 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,
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
for approximately 5.3 acres from Regional Center Residential 1 (RCR-1) District to Employment
Center Commercial (EC -C) District
SECTION 3. The City's official zoning map is hereby amended to show the change in the
.. SECTION
zoning district and use classification for the Property.
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. That an offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect
when the offense was committed and the former law is continued in effect for this purpose.
' SECTION 7. 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.
PASSED AND APPROVED this the y day of LtC 2017,
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Uff-RIS 'MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
Exhibit A
BEING all that certain lot, tract, or parcel of land situated in the S. L. Johnson Survey Abstract
Number 683 in the City of Denton, Denton County, Texas, being all that certain "21.000 Acre
Tract" of land conveyed by deed from HLHTE-Lydia Hill Trust et al to H3H, LLC recorded
under Document Number 2011-22008, Real Property Records, Denton County, Texas and being
more particularly described as follows:
BEGINNING at an iron rod marked "KHA" found for corner in the west line of Interstate
Highway Number 35, a public roadway having a variable width right-of-way, said point being
the southeast corner of that certain tract of land conveyed by deed from New Farms, LLC to
Phase 17 Investments, LP recorded under Document Number 2011-104771, Real Property
Records, Denton County, Texas;
THENCE S 01 0 09' 06" E, 622.70 feet with said west line of said Interstate Highway to a
capped iron rod marked RPLS 4561 set for corner at the beginning of a right-of-way flare;
THENCE S 480 23' 53" W, 150.07 feet with said right-of-way flare to a P.K. nail set for comer
in Barthold Road, a public roadway and in the north line of the B.B.B. and C.R.R. Company
Survey Abstract Number 141;
THENCE N 890 48' 26" W, 210.86 feet with said Barthold Road and with said north line of said
B.B.B. and C.R.R. Company Survey to a point for corner;
THENCE N 01 0 09' 06" W, 722.71 feet to a point for corner in the south line of said Phase 17
Investments tract;
THENCE S 890 48' 47" E, 325.09 feet with the south line of said Phase 17 Investments tract to
the PLACE OF BEGINNING and containing 5.261 acres of land.