2017-324s:\Legal\Our Documents\Ordin ces\17\Z17-0015 Ordln ce.docx
# # #IP -1011
AN ORDINANCE OF OF DENTON,REGARDING
CLASSIFICATIONZONING . #,CENTERINDUSTRIAL
DISTRICT 1 USE CLASSIFICATIONTO . COMMERCIAL MIXED
DISTRICT1 USE CLASSIFICATIONON APPROXIMATELY 73 AC' OF 1
STREETGENERALLY LOCATED ON THE NORTHEAST CORNER OF NORTH LOOP 288 AND
EAST MCKINNEY OF DENTON,•'
ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING
FOR • PENALTY IN THE MAXIMUM# OF 111 11 FOR
THEREOF;• .. D.
(Z17-
0015)
WHEREAS, JV Strange with Axiom Commercial Company, LTD. has applied for a zoning
change on approximately 73 acres of land legally described and depicted in Exhibit A, attached
hereto and incorporated herein by reference (hereinafter, "the Property") from an EC -I zoning
district and use classification to a CM -G zoning district and use classification; and
WHEREAS, on September 27, 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 [6-0] of the change in zoning and use classification
with; and
WHEREAS, on October 17, 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; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for an initial 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 initial zoning 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
from EC -I District to CM -G District.
SECTION 3. The City's official zoning map is hereby amended to show the 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. 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 � day of , 2017.
Cl10, ATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPI VEEDAS "¢',) LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
BY:�
Exhibit A
Legal Description and Site Location Map
Tract 1
BEING all that certain lot, tract, or parcel of land situated in the M.E.P. and P.R.R. Company
Survey Abstract Number 927 in the City of Denton, Denton County, Texas, being a part of that
certain tract of land conveyed by deed from Annette Coleman et al to George A. Calhoun and
wife, Jannet D. Calhoun recorded in Volume 4268, Page 1357 Real Property Records, Denton
County, Texas, and being all that certain tract of land conveyed by deed from Vonnie George to
McKinney Mayhill Partners, LLC recorded under Document Number 2016-118062, Real
Property Records, Denton County, Texas, and being all that certain tract of land conveyed by
deed from Charles David Nelson and wife, Janet L. Nelson to McKinney Mayhill Partners, LLC
recorded under Document Number 2016-118061, Real Property Records, Denton County, Texas,
and being all and being all that certain "Tract I, Tract II and Tract III" of land conveyed by deed
from Kenneth L. Stout and wife, Gladys F. Stout to McKinney Mayhill Partners, LLC recorded
under Document Number 2016-118065, Real Property Records, Denton County, Texas, and
being all that certain tract of land conveyed by deed from Maroba M. Zoeller and Robert H.
Folstadt, III, Executor to McKinney Mayhill Partners, LLC recorded under Document Number
2016-118064, Real Property Records, Denton County, Texas, and being all that certain tract of
land conveyed by deed from CCD-RLG to McKinney Mayhill Partners, LLC recorded under
Document Number 2016-109777, Real Property Records, Denton County, Texas, and being a
part of that certain tract of land conveyed by deed from Foxworth-Galbraith Lumber Company to
100 North Loop 288, LLC recorded under Document Number 2012-147859, Real Property
Records, Denton County, Texas, and being all of Lot 1, Block 1, East McKinney Street Industrial
Park, an addition to the City of Denton, Denton County, Texas according to the plat thereof
recorded in Cabinet D, Page 15,
Plat Records, Denton County, Texas, and being all of Lot 1-A, Block A, Oak Hill Business Park,
an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded
under Document Number 2010-35, Plat Records, Denton County, Texas,
and being all of Lot Al, Block 1, G.D.I. Subdivision, an addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded in Cabinet I, Page 247, Plat Records,
Denton County, Texas and being more particularly described as follows:
BEGINNING at an iron rod marked Arthur found for corner in the south line of that certain tract
of land conveyed by deed from Letha Robelle Blasingame et al to 551 Mayhill Joint Venture
recorded under Document Number 2005-6231, Real Property Records, Denton County, Texas,
said point being the northwest corner of that certain tract of land conveyed by deed to the City of
Denton recorded under Document Number 2012-138572, Real Property Records, Denton
County, Texas;
THENCE S O1° 22' 37" W, 209.90 feet with the west line of said City of Denton tract to an iron
rod found for corner, said point being the northwest corner of that certain tract of land conveyed
by deed to the City of Denton recorded under Document number 2012-74708, Real Property
Records, Denton County, Texas;
THENCE S 01 ° 30' 36" W, 205.03 feet with the west line of said City of Denton tract recorded
under Document Number 2012-74708 to an iron rod marked Arthur found for corner, said point
being the northwest corner of that certain tract of land conveyed by deed to the City of Denton
recorded under Document number 2012-100564, Real Property Records, Denton County, Texas;
THENCE S 010 31' 48" W, 185.45 feet with the west line of said City of Denton tract recorded
under Document Number 2012-100564 to an iron rod marked Arthur found for corner, said point
being the northwest corner of that certain tract of land conveyed by deed to the City of Denton
recorded under Document number 2014-167744, Real Property Records, Denton County, Texas;
THENCE S 01 ° 03' 18" W, 79.99 feet with the west line of said City of Denton tract recorded
under Document Number 2014-16774 to an iron rod found for corner;
THENCE along the arc of a curve to the left having a central angle of 08° 40' 16", a radius of
1067.50 feet, an arc length of 161.55 feet, whose chord bears S 02° 51' 41" E, 161.40 feet with
the west line of that certain tract of land conveyed by deed to the City of Denton tract recorded
under Document Number 2014-16774 and with the west line of said City of Denton tract
recorded under Document Number 2014-16775 to an iron rod found for corner;
THENCE S 070 14' 07" E, 73.97 feet with the west line of said City of Denton tract recorded
under Document Number 2014-16775 to an iron rod found for corner, said point being the
northwest corner of that certain tract of land conveyed by deed to the City of Denton
recorded under Document number 2014-16777, Real Property Records, Denton County, Texas;
THENCE S 070 16' 21" E, 102.91 feet with the west line of said City of Denton tract recorded
under Document Number 2014-16777 to an iron rod marked Arthur found for corner, said point
being the northwest corner of that certain tract of land conveyed by deed to the City of Denton
recorded under Document number 2013-134485 Real Property Records, Denton County, Texas,
said point also being the northeast corner of the remnant of Block 1, Section Two East
McKinney Street Addition, an addition to the City of Denton, Denton County, Texas according
to the plat thereof recorded in Cabinet G, Page 378, Plat Records, Denton County, Texas;
THENCE N 880 59' 20" W, 393.29 feet with the north line of said Section Two of said
McKinney Street Addition to a capped iron rod marked RPLS 4561 set, said point being the
northwest corner of said Block Two of said McKinney Street Addition;
THENCE S 020 02' 01" W, 983.83 feet with the west line of said Block Two of said McKinney
Street Addition and with the west line of that certain "Tract 17" of land conveyed by deed from
Khosrow Sadeghian to Kamy Real Property Trust recorded under Document Number 2014-
44831, Real Property Records, Denton County, Texas and with the west line of that certain tract
of land conveyed by deed from Robert W. Jones, Jr. to Angel Enriquez and wife, Griselda
Enriquez recorded under Document Number 2015-117592, Real Property Records, Denton
County, Texas to a point for corner in East McKinney Street, a public roadway having a variable
width right-of-way;
THENCE N 730 47' 14" W, 100.07 feet with said East McKinney Street to a point for corner;
THENCE N 690 07' 22" W, 100.00 feet with said East McKinney Street to a point for corner;
THENCE N 650 40' 02" W, 46.81 feet with said East McKinney Street to a point for corner;
THENCE N 670 28' 24" W, 53.91 feet with said East McKinney Street to a point for corner;
THENCE N 640 49' 04" W, 100.03 feet with said East McKinney Street to a point for corner;
THENCE N 640 22' 04" W, 100.03 feet with said East McKinney Street to a point for corner;
THENCE N 630 55' 04" W, 60.86 feet with said East McKinney Street to a point for corner;
THENCE N 070 42' 45" E, 56.05 feet with said East McKinney Street to a point for corner;
THENCE N 630 59' 15" W, 21.14 feet with said East McKinney Street to a point for corner;
THENCE N 630 12' 55" W, 95.15 feet with said East McKinney Street to an iron rod found for
corner;
THENCE N 080 29' 01" E, 23.76 feet with said East McKinney Street to a capped iron rod
marked RPLS 4561 set for corner;
THENCE N 620 30' 01" W, 346.46 feet with said East McKinney Street to a capped iron rod
marked RPLS 4561 set for corner;
THENCE S 01 ° 49' 12" W, 24.75 feet with said East McKinney Street to an iron rod marked
KAZ found for corner;
THENCE N 610 32' 11" W, 432.81 feet with said East McKinney Street to a point for corner;
THENCE N 580 06' 05" W, 22.45 feet with said East McKinney Street to an iron rod marked
KAZ found for corner,
THENCE N 000 53' 13" E, 418.29 feet with the east line of that certain tract of land conveyed by
deed from 100 North Loop 288, LLC to 7 -Eleven, Inc. recorded under Document Number 2015-
27554, Real Property Records, Denton County, Texas to a point for corner, said point being the
northeast corner of said 7 -Eleven tract;
THENCE N 890 02' 03" W, 305.22 feet with the north line of said 7-Elevan tract to a point for
corner in the east line of United States Loop Highway Number 288, a public roadway;
THENCE N 000 53' 33" E, 881.70 feet with said east line of said United States Loop Highway
Number 288 to an iron rod marked KAZ found for corner, said point being the southwest corner
of Lot A2, Block 1, G.D.I. Subdivision, an addition to the City of Denton, Denton
County, Texas according to the plat thereof recorded in Cabinet I, Page 247, Plat Records,
Denton County, Texas;
THENCE N 890 44' 39" E, 70.02 feet with the south line of said G.D.I. Subdivision to an iron
rod found for corner in the west line of Lot Al, Block 1, of said G.D.I. Subdivision;
THENCE N 010 12' 53" E, 30.06 feet with said west line of said Lot Al, Block 1 to an iron rod
found for corner;
THENCE S 890 44' 27" W, 70.02 feet with said west line of said Lot Al, Block 1 to an iron rod
found for corner in said east line of said
U. S. Loop Highway Number 288;
THENCE N O1 ° 12' 53" E, 339.03 feet with said west line of said U. S. Loop Highway to an
iron rod found for corner in the south line of Market Street, a public roadway having a right-of-
way of 60.0 feet;
THENCE N 890 38' 18" E, 544.32 feet with said south line of Market Street to an iron rod found
for corner;
THENCE S 000 54' 12" W, 388.91 feet with the west line of Lot 8R -A, Block B of Greater
Denton Industries Subdivision, an addition to the City of Denton, Denton County, Texas
according to the plat thereof recorded under Document Number 2013-135, Plat Records,
Denton County, Texas to an iron rod found for corner, said point being the southwest corner of
said Lot 8R, Block B of said Greater Denton Industries;
THENCE N 890 52' 20" E, 1127.60 feet with said south line of said Lot 8R -A, Block B of said
Greater Denton Industries Subdivision and with the south line of said 551 Mayhill Joint Venture
tract to an iron rod found for corner;
THENCE N 890 40' 19" E, 222.32 feet with said south line of said 551 Mayhill Joint Venture
tract to an iron rod found for corner;
THENCE N 890 57' 38" E, 121.57 feet with said south line of said 551 Mayhill Joint Venture
tract to the PLACE OF BEGINNING and containing 70.394 acres of land.
F3EjjqCJ A 2,i57ACRE TRACT OUT013 I'lla MY',P, 4, P,14-R, Co, SURVE), ATIST, NO927, IN
(-rj"y OF DENTCYN, DEN ON COUNTY,' FA0, AND BEING A rORTION OF MAT
°jq(AC'j, CC)NVEYFD: TO 100 NORTIi LOOP 2,88, LLC, A 1EXAS LIMITED [JAMLITY
(,(,)MpANY, AS tNSTRNO2012.14l859, RE,'Al, PROPLIU[N RECORDS,
1')I;N`I'ON COUNI'Y, TEXAS AND BEING MORE PAWDCULARLY DES(Im31m fly
METES AND BOUNDS AS FOLLOWS:
BEGINNING ATA 1/2 INCH IRON ROD WITH CAP MARKED B&D SURVEYING SET ATTHE
Sotyl'i-TWESTCORNER OF SAID 1157 ACR ETRACrj,, 1113,ING TN I'llE sojyj"j I 1,1NE OF SAID 100
NORTH J,OOP 288 'FIIAtl' AND THIR NORTHEASI' 1j1(jj-1T4-)1z-WAY LINE Or MCICINNEY
STREET, VARIAB1,11, WU114 RJWT-OF-WAY, FROIV(WHERJh A IRON ROD FOUND
W11"li CAP MARKED KA Z D1,1',ARSN 55- 55' C I " W, AT A DISTANCE OF 36.16 FEET, BEING THE
SO jTf I WEST CORNER 01" SAID 100 NOR I11 LOOP 288 TRACT;
1HENCE DEIPARTING TIM NORTI-IJ',iAST LFNE OF SAID NICKMF�Y STREET AND T1111
s0(Jj'FjWj,,18'j'LINE OFSAIJ) 100 Nolvrif JOOP 288 TRACT, NOICII-1 27 DEGREES 30 MINUTES
52 SECONDS WFST,TRAVr1(SING THROU(iti SAID too NORTH LOOP 288 AND WIT14THE
W[S'J'IJNB OF SAID 2.157 ACRE "I'RACT, A DISTANCE, OF 43,97 14,'1-,TTO A 1/2 MCIT IRON
ROD WITH CAP MARKED B&D SURVEYING SET FOR CORNER;
THENCE NORTH 00 DEGREES 53 MINUTES 06 SECONDS EAST, TRAVERSING THROUGH
SAID 100 NORTH 1,,OOP 298TRAC TAND WITH THE WEST LINE OF SAID 2.15,7 A(REI-RACT,
R
A DISTANCf,", OF 201.61 JEj�,T TC) A 1/2 INCH IRON ROD WITH CAP MA K.1A) B&D
SURVEYING SET FOR THE NORTHWEST CORNER OF SAID 2,157 ACRE TRACT;
THENCE SOUTH 89 DEGREES 02 MINUTES 09 SECONDS EAST, TRAVERSING THROUGH
SAID 100 NORTH LOOP 288 TRACT AND WITH THE NORTH LINE OF SAID 2.157 ACRE
l"RAC','T 'A DISTANCE OF 293Z FE-,ET TO A SET "X" IN CONCRETE FOR THE NORTHEAST
CORNER Ol;�SAII)I,,I57ACRE "1r,�ACT;
THENCE SOUTH 00 DEGREES 53 MINUTES 06 SECONDS WEST, TRAVERSING THROUGH
SAID 100 NOW111 LOOP 288 TRACT AND WITH THE EAST LINE OF SAID 2.157 ACRE TRACT,
A DISTANCJ,.,,' OF 412.30 FEET TO A 1/2 INCH IRON ROD WITH CAP MAR0,I) B&D
SURVEYING SET FOR THE SOUTHEAST CORNER OF SAID 2,157 ACHJ1,1'RAC3% BEING IN
THE SOUTHWEST LINE OF SAID 100 NORTH UDOP 288 TRACT AND BEING IN THE
NORTHEAST LINE OF THE AFOREMENTIONED MCIXINNI;Y STREI],,T, FROM WHERE A 1/2
INCH IRON ROD FOUND WITH A CAP MARKED KAZ BEARS SOUTH 58 DEGREES 06
MINUTES 11 SECONDS EAST, AT A DISTANCE OF 25.46 FEET;
THENCE'1�1411C LL1r1111 06MINUTES 11 �^ti1d412«I7 WI A 1h�e'2'21 THE k 4Y84➢&CN,�� '1"
ti�0 1 �1�"IAC" ���' �1141I f 1111 64121"1"H W1` I"BIKE 211' BAHT 100 NORTH d 4 0P, 788
TRAGI-, ALSO IYI.IM,� I lli1 `30L) I IIW1 "1 L1P� E LSI SAII1�'7 C r � A4::14I I pBAc;i, A DISTANCE 1; OF
126,64 11;C�;`I11y A t/,2 INCH MON RoD "w ITI1 CAV MLA119 kID 11&D 1aUt2"+/1s"r"INN SP'T k°4"R
'1"1,1jT,N, I^, 6��. Y I If tis DJ G'M� S 55 I4� iNu r it s1 (� NDS WEST, ➢1"1'I 1 �N@ NORTHEAST
LIM` 0I, SALL) M CKl,.' NJB Y fro"1" 1 1 Y, 'LH 011T1 AST T M V SAID 11111 NORTH LOOP 788
RA.G1 ALSO HFIN J 11u' 2ro4 urK M1C7`HWL'" 1 uMi, Of SAID 7,15E AUU, TRACT, A
1)1 "1"ANC , OF mmr "1"n ri-r , Pol- ]' OF BE,,CilNMJ" 6, CONTAINING' 2.157 ACRE OR
93,951 SQUARE FEE`6"412 LAND, 171w1W1SOR M1If^lUS,