Z20-0009aORDINANCE NO .220-OO09a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS. REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFiCATION FROM HIGHWAY CORRIDOR (HC)
DISTRICT TO LIGHT INDUSTRLAL (LI) DISTRICT ON APPROXIMATELY 10.47 ACRES
OF LAND AND A CHANGE IN ZONING DISTRICT AND USE CLASSIFICATION FROM
HEAVY INDUSTRIAL (HI) DISTRICT TO LI DISTRICT ON APPROXIMATELY 13.09
ACRES OF LAND GENERALLY LOCATED ON THE SOUTH SIDE OF THE 1-35 EAST
SERVICE ROAD, APPROXMATELY 672 FEET WEST OF SAM BASS BOULEVARD, IN
THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTnvG AN AMENDMENT TO
THE CITY’S OFFICAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM
AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVEDING A SEVERABILITY
CLAUSE AND AN EFFECTIVE DATE. (220-0009)
WHEREAS, Aimee Bissett of 97 Land Company, on behalf of the property owner, Acme
Brick Company, has submitted a request to rezone approximately 10.47 acres of land from
Highway Corridor (HC) District to Light Industrial (LI) District, legally described in Exhibit “A”,
and to rezone approximately 13.09 acres of land from Heavy Industrial (HI) District to Light
Industrial (LI) District, legally described in Exhibit “B”, both attached hereto and incorporated
herein by reference (hereinafter, both tracts described in Exhibit “A“ and Exhibit “B“ are
collectively the “Property”); and
WHEREAS, on December 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-o) of the request; and
WHEREAS, on January 5, 2021, 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 Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for establishing a zoning district for 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,
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
from Highway Corridor (HC) District on 10.47 acres legally described in Exhibit “A“ and Heavy
Industrial (HI) District on 13.09 acres legally described in Exhibit “B” 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.
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 qJtion to approve this ordinance was made by 'l-LMIN and
seconded by ?ChO \ N\C\bZ C( , the ordinance was passed and approved by
the following vote rl - A:
Aye M Abstain Absent
Gerard Hudspeth, Mayor:C
/
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I
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Birdia Johnson, District 1 :
Connie Baker, District 2:
Jesse Davis, District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the 6 tD day of $Uhf ?' 2021.
DSPETH, MAYOR
Page 2 of 3
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ATTEST:
ROSA RIOS, CITY SECRETARY
He ,_z3on/O
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Page 3 of 3
Exhibit " A"
LEGAL DESCRIPTION
BEING a tract of land situated in the Alexander Hill Survey, Abstract No. 623 City of Denton, Denton County Texas
and being a portIon of a tract of land described in Special Wbnanty Deed to ACME DENTON COMPANY recorded in
Document No. 95.0034210 of the Official Public Records, Denton County, Texas and being more particularly
described as follows:
COMMENCING at the intersection of the east nghtofJway line of the Missouri & Pacific Railroad (10Cbfoot wide
right4f-way) and the south right4f-way line of Interstate Highway 35-East (a variable width right4f-way);
THENCE with said south right4f-way line of Interstate Highway 3&East, the following courses and distances:
South 87'59'19" East, a distance of 301.38 feet to a point for corner at the beginning of a non-tangent curve to
the right having a central angle of 2'3422", a radius of 5,579.58 feet, a chord bearing and distance of South
80-11'22" East, 250.51 feet;
In a southe8sterly directIon, with said curve to the right, an arc distance of 250.53 feet to the POINT OF
BEGINNING at the beginning of a non-tangent curve to the rIght having a central angle of 0'36'59", a radius of
5,579.58 feet, a chord bearing and distance of South 78'35'41" East, 60.03 feet;
THENCE in a southea6tedy direction, with said south rightof-way lino of Interstate Highway 35-East and with said
curve to the right, an arc distance of 60.03 feet to a point for corner;
THENCE departing said south right4f-way line of Interstate Highway 35-East and over and across said Acme Brick
Company tract the following:
South 9'27'12" West, a distance of 162.82 feet to a point for comeR
North 89'59'47" East, a distance of 501.20 feet to a point for comer in the common line of said Acme Brick
Company tract and Lot IFI, Block A, Lewis Medical Addition, an addition to the City of Denton, Denton County,
Texas, aacording to the plat thereof recorded in Cabinet H, Page 1 19, Map Records, Denton County, Texas;
THENCE with said common line, South 0'12'22" East, passing at a distance of 108.11 feet the northwest corner of a
aIIed 9.2424 Acre tract of land described in Special Warranty Deed to Westwind Mac Investors recorded in
Document No. 2017-147614 of said Official Public Records, and aontinuing a total distance of 501.36 feet to a point
for corner;
THENCE departing said common line, North 76'14'14" West, a distance of 1,335.21 feet to a point for corner in said
east nghtof-way line of Missouri & Pacific Railroad;
THENCE with said east right-of-way line of said Missouri & Pacific Railroad North 27'34'34" East, a distance of
314.85 feet to a point for comeR
(CONTINUED ON SHEET 2)
ZONING EXHIBIT
ALEXANDER HILL SURVEY,
ABSTRACT NO. 623
CITY OF DENTONJ. ANDY DOBBS
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6196
13455 NOEL ROAD
TWO GALLERIA OFFICE TOWER
SUITE 700
DALLAS, TEXAS 75240
PH. (972) 770-1300 \$ANDY.DOBBS@KIMLEY+IORN.COM
J. ANDY DOJ
DENTON COUNTY, TEXAS
W;:>W'I6
LEGAL DESCRIPTION
(CONTINUED FROM SHEET 1 )
THENCE departing said southeast right-of-way line of Missouri & Pacific Railroad and over and across said Acme
Brick Cornpany tract the following:
South 74'23'11" East, a distance of 503.54 feet to a point for cornec
South 80'32'48" East, a distance of 80.86 feet to a point for corneR
North By27'12" East, a distance of 19.08 feet to a point for cornec
North 9'27'16" East, a distanoe af 217.75 feet to the POINT OF BEGINNING and oontaining 10.47 acres of
land
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is
not to be used to convey or establish interests in real property except those rights and interests implied or
established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
ZONING EXHIBIT
ALEXANDER HILL SURVEY,
ABSTRACT NO. 623
CITY OF DENTON
DENTON COUNTY, TEXAS
C
N/A 1 m 1 JAD I OCT.2020 1 OaU5201 1 20F3
P.O.C.S87'59' 1 9"E
301,38'
nun
P.O.B.
el
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CRAP1 IC SCALE IN FEEI
LOT IR. BLOCK A
LEWS MEDiCAL
ADDfT tON
GA& H. PG. 119
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u.R.D.aT.
le-J
1 L 1
N89'59'47''E 501.20'
N27'34'34''E
314.85'
to
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LU
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8ty
(=)
CD
10.4734 ACRES
456,221 SQ. FT.
WBa R:sRACME BRiCK COMPANY
DOC. NO. 9$0034210
D.R.D.C.T.
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LEGEND CURVE TABLE
;2-34'22" 1 557g.58' 1 250.53‘
o'36'59' 1 5579.58'
A = CENTRAL ANGLE
P.O.C. = POINT OF
COMMENCING
P.O.B. = POINT OF
BEGINNIN(
D.R.D.C.T. = DEED
RECORDS OF DENTON
COUNTY, TEXAS
O.P.R.D.C,T. = OFFICIAL
PUBLIC RECORDS. DENTON
COUNW, TEXAS
ACME BRICK COMPANY
DOC. NO. 9$0034210
D.R.D.C.T,
ZONING EXHIBIT
ALEXANDER HILL SURVEY,
ABSTRACT NO. 623
CITY OF DENTON
DENTON COUNTY, TEXAS
ns &iim=mBiT1'=20a I Jar 1 aD 1 OCT.2020 1 064545201 1 30F3
Exhibit "B"
LEGAL DESCRIPTION
BEING a tract of land situated in the Alexander Hill Survey, Abstract No. 623, City of Denton, Denton County Texas
and being a portion of a tract of land described in Special Warranty Deed to ACME DENTON COMPANY recorded
in Document No. 95+)034210 of the Official Public Records, Denton County, Texas and being more particularly
described as follows:
COMMENCING at the intersection of the east rightof-way line of the Missouri & Pacific Railroad (10Cbfoot wide
right4f'way) and the south rightof-way line of Interstate Highway 35-East (a variable width rightnf-way);
THENCE with said south right-of-way line of Interstate Highway 35-East, the following courses and distances:
South 87'59'19" East, a distance of 301.38 feet to a point for corner at the beginning of a non-tangent curve to
the right having a central angle of 5'36'05'', a radius of 5,579.58 feet, a chord bearing and distance of South
78'40'30'' East. 545.26 feet;
In a southea$teHy direction, with said curve to the right, an arc distance of 545.48 feet to a point for corner
South 75'52'27" East, a distance of 252.98 feet to a point for the northeast corner of said Acme Brick
Company tract;
THENCE departing said south rightof-way line of Interstate Highway 35-East, South 0'12'22" East, passing at a
distance of 154.43 feet the northwest corner of a called 9.2424 Acre tract of land described in Special Warranty
Deed to We6twind Mac Investors recorded in Document No. 2017-147614 of said Official Public Records, and
continuing with the common line of said Acme Brick Company and said called 9.2424 Acre tract for a total distance
of 547.68 feet to the POINT OF BEGINNING;
THENCE South 0'12'22" East, continuing with the common line of said called 9.2424 Acre tract and said Acme
Brick Company tract, passing at a distance of 450.98 feet the southwest corner of said 9.2424 Acre tract, continuing
over and across said Acme Brick Company tract for a total distance of 497.49 feet to a point for corner;
THENCE the following courses and distances:
North 88'51'08'' West, a distance of 766.44 feet to a point for corner;
North 74'23'1 I" West, a distance of 193.12 feet to a point for corner;
North 0'00'00" East, a distance of 662.97 feet to a point for corner;
South 76'14'14" East, a distance of 978.58 feet to the POINT OF BEGINNING and containing 13.Q9 acres of
land
This document was prepared under 22 TAC 5663.21, does not reflect the results of an on the ground survey, and is
not to be used to convey or establish interests in real property except those rights and interests implied or
by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
ZONING EXHIBIT
ALEXANDER HILL SURVEY,
ABSTRACT NO. 623
CITY OF DENTON
DENTON COUNTY, TEXAS
J. ANDY DOBBS
REGISTERED PROFESSIONAL
LAND SURVEYOR NO, 6196
13455 NOEL ROAD
TWO GALLERIA OFFICE TOWER
SUITE 700
DALLAS, TEXAS 75240
PH. (972) 77G1300
ANDY.DOBBS@KIMLEY-HORN.COM
e P ' ' la
J. ANDY Dd
qF#'* Awe,$V I N/A 1 JDF I aD 1 OCT,2020 1 OaU5201
me
IOF2
4=5'36'Q5"
R=5579,58'dR
HRH
S87'59'19"E
301 .38'
CB=S78'40'
C=545.26'P.O.C.
,#
––-_GRAPHIC SCALE IN FEET
LOT IR. BLOCK A
LEWS UEaCAL
CAB. H. PG. I
U.R.D.C.T++
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LU
iNCy
6\1F
81
ACME BRICK COMPANY
DOC. NO. 950034240
D.R.D.C.T.
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g3%£8
P.O.B.
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13.0940 ACRES
570,374 SQ. FT.
LEGEND
A = CENTRAL ANGLE
P.0.C. = POINT OF
COMMENCING
P.0.B. = POINT OF
D.R.D.C.T. = DEED
RECORDS OF DENTON
COUNTY. TEXAS
0.P,R.D.C.T. = OFFICIAL
PUBLIC RECORDS, DENTON
COUNTY, TEXAS
ACME BRICK COMPANY
DOC. NO. 9$0034210
D.R.D.C.T.
llbbBlkahrl- aRE
ZONING EXHIBIT
ALEXANDER HILL SURVEY,
ABSTRACT NO. 623
CITY OF DENTON
DENTON COUNTY, TEXAS
d ed No
1'=200 1 M 1 JAD 1 OCT.2020 1 064545201 1 2QF2