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Z20-0007aS:\Legal\Our Documents\Ordinances\20\Z20-0007 - Primoris Corporate Offices Rezoning - Revised Final.Docx ORDINANCE NO.220-0007a AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM RURAL RESIDENTIAL (RR) DISTRICT TO GENERAL OFFICE (GO) DISTRICT ON APPROXIMATELY 55.37 ACRES OF LAND, GENERALLY LOCATED ON THE WEST SIDE OF INTERSTATE HIGHWAY 35, APPROXIMATELY 680 FEET NORTH OF BARTHOLD ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.OO FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (220-OO07a) WHEREAS, Aimee Bissett of 97 Land Company has applied for a zoning change on behalf of property owners, New Farms LLC, Phase 17 Investments LP, and Phase 18 Investments LP, on approximately 55.37 acres of land legally described in Exhibit “A,” attached hereto and incorporated herein by reference (hereinafter, the “Property”), from an RR zoning district and use classification to an GO zoning district and use classification; and WHEREAS, an asphalt batch plant was existing on a portion of the Property prior to the annexation of Property in 2015 by Ordinance No. 2015-188, so the batch plant became a non- compliant use; and WHEREAS, on September 2, 2020, 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 [7-0] of the amendment with the following overlay conditions requested by the applicant: 1.Primoris Services Corporation may obtain building permit(s) to place up to four modular office building trailers on the property during entitlement, permitting, and construction for the purposes of consolidating their operations around the metroplex when their existing office leases expire. Prior to occupying modular office trailers, the asphalt batch plant operations must cease, and the equipment must be decommissioned. These office buildings may be served by the existing water well and septic bladder tanks for the duration of the Certificate of Occupancy placement on the property, with all required and necessary permitting. These modular office buildings must meet applicable building codes for field or construction offices, and Primoris Services Corporation must obtain a Certificate of Occupancy prior to occupying the buildings. Adequate parking shall be provided based on the square footage of the modular office buildings, and parking shall be provided on a dust-free permeable surface material. The use of modular office buildings will expire 24 months after a Certificate of Occupancy is obtained, or when a Certificate of Occupancy for the permanent office building is obtained, whichever occurs earlier. The Planning Director may extend the CO for up to an additional 12 months if vertical construction of the permanent office building 2. 3. 4. 5 is underway at the end of the initial 24 month term. Upon issuance of the CO for the permanent office building, the modular buildings must be removed from the site within 12 months The asphalt batch plant equipment may remain stored onsite (without operation) up until such time that a building permit is issued for permanent construction and development. ; and 6. WHEREAS, following the Planning and Zoning Commission meeting it was determined by the City Attorney’s Office and Staff that the requested overlay conditions were not necessary or appropriate based in part upon provisions in Sections 5.2.4 and 5.5.2 of the Denton Development Code; and WHEREAS, on September 15, 2020, 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 Plan 2030 and the Denton Development Code; WHEREAS, the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property, has 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. Effective November 1, 2020, the zoning district and use classification for the Property is hereby changed from RR District to GO District. SECTION 3. Effective November 1, 2020, the use of the Property for the temporary batch plant is hereby terminated. SECTION 4. Effective November 1, 2020, the City’s official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 5. 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 6. 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. Page 2 of 4 SECTION 7. 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 8. In compliance with Section 2.09(c) of the Denton Charter, Sections 2, 3, and 4 of this Ordinance shall take effect on November 1, 2020, a date more than 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. SECTION 9. In compliance with Section 2.09(c) of the Denton Charter, Section 6 of this Ordinance shall take effect 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. SECTION 10. Sections 1, 5, 7, 8, and 9 of this Ordinance shall become effective immediately upon passage and approval. :: of: 7l::r d i n 11a][II C e W a S m ar:h : : r d i1:\: C e =s P : : ed :bap proveN Aye bZ r br jr VP Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6:vr PASSED AND APPROVED this the 16 +b day of Se,p 2020 CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY gM 1B!III I11[fr : JA ali?) Page 3 of 4 APPROVED AS TO LEGAL FORM: AARON LEAL. CITY ATTORNEY Page 4 of 4 Exhibit A Legal Description BEING a 36.96 acre tract of land situated in the S.L. Johnson Survey, Abstract Number 683, Denton County, Texas and being a portion of a called 76.500 acre tract of land described in deed to New Farms, LLC., recorded in Document Number 2010-108304 of the Official Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 4” steel post found at the Northwest corner of said 76.500 acre tract and the common Southwest corner of a called 12.763 acre tract of land described in deed to Linken Real Estate Limited Partnership, recorded in Document Number 2011-48460 of the Official Records of Denton County, Texas and being in the East line of a called 86.132 acre tract of land described as Tract 3 in deed to Harlan Properties, Inc., recorded in Volume 4296, Page 1246 of the Official Records of Denton County, Texas; THENCE S 89°42'33" E with the North line of said 76.500 acre tract and the common South line of said 12.763 acre tract, a distance of 888.24 feet to point from which a cotton spindle found at the Northeast corner of said 76.500 acre and the common Southeast corner of said 12.763 acre and in the West right-of-way line of Interstate Highway No. 35E (a variable width right-of-way) bears S 89°42'33" E, a distance of 350.11 feet; THENCE S 01°08'01" E over and across said 76.500 acre tract, a distance of 1777.88 feet to a point in the North line of a called 15.000 acre tract of land described as Tract 1 in deed to Phase 18 Investments, L.P., recorded in Document Number 2012-72448 of the Official Records of Denton County, Texas from which a 1/2” iron rod with cap stamped “RPLS 4857” found at the Northeast corner of said 15.000 acre tract and in the West right-of-way line of said Interstate Highway No. 35E bears S 89°49'13" E, a distance of 350.09 feet; THENCE N 89°49'13" W with the North line of said 15.000 acre tract, a distance of 922.33 feet to 1/2” iron rod with cap stamped “RPLS 4857” found at the Northwest corner of said 15.000 acre tract and being in the West line of said 76.500 acre tract and the common East line of said 86.132 acre tract; THENCE N 00°02'05" W, with the West line of said 76.500 acre tract and the common East line of said 86.132 acre tract, a distance of 1779.15 feet to the POINT OF BEGINNING and containing 36.96 acres of land more or less. BEING a 10.89 acre tract of land situated in the S.L. Johnson Survey, Abstract Number 683, Denton County, Texas and being a portion of a called 15.000 acre tract of land described in the deed to Phase 18 Investments, L.P., recorded in Document Number 2012-72448 of the Official Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at capped 1/2" iron rod stamped “R.P.L.S. 4857 found at the Northwest corner of said 15.000 acre tract and being in the West line of a called 76.500 acre tract of land described in deed to New Farms, LLC., recorded in Document Number 2010- 108304 of the Official Records of Denton County, Texas and the common East line of a called 86.132 acre tract of land described as Tract 3 in deed to Harlan Properties, Inc., recorded in Volume 4296, Page 1246 of the Official Records of Denton County, Texas from which a 4” steel post found at the Northwest corner of said 76.500 acre tract bears North 00°02’05” West, a distance of 1779.15 feet; THENCE South 89°49'13" East, with the North line of said 15.000 acre tract, a distance of 922.33 feet to a point from which a capped 1/2" iron rod stamped “R.P.L.S. 4857 found at the Northeast corner of said 15.000 acre tract bears South 89°49'13" East, a distance of 350.09 feet; THENCE South 01°08'01" East, over and across said 15.000 acre tract, a distance of 511.92 feet to a point in the South line of said 15.000 acre tract and the common North line of a called 10.254 acre tract of land described as Tract 1 in the Deed to Phase 17 Investments, L.P., recorded in Document Number 2011-104771 of the Official Public Records of Denton County, Texas from which a capped 5/8” iron rod stamped “KHA” found at an angle point in the East line of said 10.254 acre tract bears South 89°49'03" East, a distance of 350.09 feet and South 01°08'01" East, a distance of 146.17 feet; THENCE North 89°49'03" West, with the South line of said 15.000 acre tract and the common North line of said 10.254 acre tract, a distance of 932.15 feet to the Southwest corner of said 15.000 acre tract and the common Northwest corner of said 10.254 acre tract and being in the East line of said 86.132 acre tract from which a capped 5/8” iron rod stamped “KHA” found at the Southwest corner of said 10.254 acre tract bears South 00°02'05" East, a distance of 350.00 feet; THENCE North 00°02'05" West, with the West line of said 15.000 acre tract and the common east line of said 86.132 acre tract, a distance of 511.74 feet to the POINT OF BEGINNING and containing 10.89 acres of land more or less. BEING a 7.52 acre tract of land situated in the S.L. Johnson Survey, Abstract Number 683, Denton County, Texas and being a portion of a called 10.254 acre tract of land described in the deed to Phase 17 Investments, L.P., recorded in Document Number 2011-104771 of the Official Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at capped 5/8" iron rod stamped “KHA” found at the Southwest corner of said 10.254 acre tract and being in the East line of a called 86.132 acre tract of land described as Tract 3 in deed to Harlan Properties, Inc., recorded in Volume 4296, Page 1246 of the Official Records of Denton County, Texas; THENCE North 00°02'05" West, with the West line of said 10.254 acre tract and the common East line of said 86.132 acre tract, a distance of 350.00 feet to the Northwest corner of said 10.254 acre tract and the common Southwest corner of a called 15.000 acre tract of land described in the deed to Phase 18 Investments, L.P., recorded in Document Number 2012-72448 of the Official Records of Denton County, Texas from which a capped 1/2" iron rod stamped “R.P.L.S. 4857” found at the Northwest corner of said 15.000 acre tract bears North 00°02'05" West, a distance of 511.74 feet; THENCE South 89°49'03" East, North line of said 10.254 acre tract and the common South line of said 15.000 acre tract, a distance of 932.15 feet to a point from which a capped 5/8” iron rod found at an angle point in the East line of said 10.254 acre tract bears South 89°49'03" East, a distance of 350.09 feet and South 01°08'01" East, a distance of 146.17 feet ; THENCE South 01°08'01" East, over and across said 10.254 acre tract, a distance of 350.09 feet to a point in the South line of said 10.254 acre tract from which a capped 5/8” iron rod stamped “KHA” found at Southeast corner of said 10.254 acre tract bears South 89°49'03" East a distance of 328.37 feet; THENCE North 89°49'03" West, with the South line of said 10.254 acre tract, a distance of 938.86 feet to the POINT OF BEGINNING and containing 7.52 acres of land more or less.