Z20-0013bORDINANCE NO. 220-O013b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM GENERAL OFFICE (GO) AND
MIXED-USE REGIONAL (MR) DISTRICTS TO HIGHWAY CORRIDOR (HC) DISTRICT ON
APPROXIMATELY 18.55 ACRES OF LAND GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF THE INTERSECTION OF THE 1-35 SOUTHBOUND SERVICE
ROAD AND BARTHOLD 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. (220-
O013b)
WHEREAS, Jeremy Reese ofChipola Engineering Group, Inc., on behalf of the property
owner, Love’s Travel Stops and Country Stores, Inc., has submitted a request to rezone
approximately 18.55 acres of land from General Office (GO) and Mixed-Use Regional (MR)
Districts to Highway Corridor (HC) District, legally described in Exhibit “A”, attached hereto and
incorporated herein by reference (hereinafter, the “Property“); and
WHEREAS, on January 20, 2021, 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 (5-1) of the request; and
WHEREAS, on March 16, 202 1, 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; and
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
Denton, in considering the application for establishing an initial 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
to Highway Corridor (HC) 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 motion to approve this ordinance was made by PaUl w\Ref and
seconded by le5se Oa a is , the ordinance was passed and approved by
the following vote la - H :
Aye
\V’
\//
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Birdia Johnson. District 1 :
Connie Baker, District 2:\/
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V‘
\bah
Jessie Davis. District 3 :
John Ryan, District 4:
Deb Armintor, At Large Place 5 :V/
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the day of fy\dub , 2021.
mMFRrWEn,UTtaR
Page 2 of 3
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ATTEST:
ROSA RIOS, CITY SECRETARY
BY:
haIn
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by Mack Reinwand
.03.10 23:55:52 -06'OO'
Page 3 of 3
Exhibit A
Property Description
Being an 18.55 acre tract of land out of the B.B.B. & C.R.R. CO. SUIvey A-141, Denton County, Texas
comprised of a 4.84 acre Tract of land conveyed to Love’s Travel Stops & Country Stores, Inc. in Deed
Document Number 2018-law of the Official Records of Denton County, Texas (O.R.D.C.T.} and all of Lot
1, Block A, Love’s Travel Stop Addition, an addition to the City of Denton, Texas as recorded in Document
Number 2017-23 of the O.R.D.C.T. and being more particularly described by metes and bounds as follows;
BEGINNING at a found 5/8 inch mbar with red cap stamped “SCI” for the most easterly northeast corner
of said Lot 1, also being a point on the West Rightaf-Way (ROW) boundary of Interstate 35W (1-35), a
variable width public ROW and the South ROW boundary of Barthold Road, a 110 foot wIde public ROW;
THENCE S 01'23'23" E, along the said West boundary of 1-35, 388.81 feet to a found 5/8 inch rebar with
red cap stamped "SCI";
THENCE S 00'54'56" E, 199.63 feet to a found 5/8 inch rebar with green cap stamped “CEI ENG ASSOC
INC" being the beginning of a tangent curve to the left with a radius of 11,820.82 feet, a delta angle of
0'06’23”, a chord that bears S 00'58'01" E, and a chord distance of 21.94 feet;
THENCE along said curve to the left an arc distance of 21.94 feet to a found 5/8 inch rebar with red cap
stamped “SCI”;
THENCE N 89'50'06" W, departing said West ROW boundary of 1-35 and along a common line between
said Lot 1 and a Tract of land conveyed to Foster Mark D & Madeline in Document Number 2012.48899
Real Property Records, Denton County, Texas (R.P.R.D.C.T.), 294.89 feet to a found#2 inch rebar with cap
stamped “H AND N", being the Northwest corner of said Foster Tract;
THENCE S (Xy03'11" W, continuing along said common line, 241.18 feet to a found 5/8 inch rebar with
red cap stamped “SCI", being the Southwest corner of said Foster Tract;
THENCE S 89'47’48" E, continuing along said common line, 301.87 feet to a found 5/8 inch rebar with red
cap stamped “SCI", being the Southeast corner of said Foster Tract, also being a point on the
aforementioned West ROW boundary of 1-35;
THENCE S 03'00'39" E, along the West ROW kx>undav of 1-35, 12.60 feet to a found 5/8 inch rebar with
red cap stamped “SCI";
THENCE N 89'42'55" W, departing the West ROW boundary of 1-35 and along a common line of a Tract of
land conveyed to Westglen Partners LTD in Document Number 202&14280 in the R.P.R.D.C.T„ passing a
found 2/2 rebar with yellow cap stamped “ESLLC 1869/5627'’, at a distance of 691.57 feet, and continuing
for a total distance of 692.73 feet to a point for corner which bears N 89'42'55", at a distance of 1.16 feet
and being the Southwest corner of said Lot 1 and the Northwest corner of said Westglen Partners LTD
Tract, also being a point on the East line of a Tract of land conveyed to Deeper Life Bible Church (DLBC) in
Document Number 2(Dg-56655 in the R.P.R.D.C.T.;
THENCE N (Xy17'08" E, along a common line between said Lot 1 and DLBC Tract, 111.28 feet to a found
5/8 inch rebar with green cap stamped “CEI ENG ASSOC INC’, being the Southeast corner of the
aforementioned 4.84 acre Tract and the most easterly Northeast corner of said DLBC Tract;
Exhibit A
THENCE N 89'42'53" W, departing the West line of Lot 1 and continuing along a common line between
said 4.84 acre Tract and saId DLBC Tract, 305.10 feet to a found 5/8 inch rebar with green cap stamped
“CEI ENG ASSOC INC’ for the Southwest corner of said 4.84 acre Tract;
THENCE N (XylO'32" E, continuing along said common line, 690.OO feet to a set 5/8 inch rebar with green
cap stamped "CEI ENG ASSOC INC” for the Northwest corner of said 4.84 acre Tract;
THENCE S 89'42'53" E, continuing along said common line, 3%.43 feet to a set 5/8 inch mbar with green
cap stamped “ CEI ENG ASSOC INC” for the Northeast corner of said 4.84 acre Tract, also being a point on
the West boundary line of aforementioned Lot 1;
THENCE N OO'17'07" E, along a common line between lot 1 and said DLBC Tract, 280.28 feet to a 60D nail
for the Northwest corner of said Lot 1, also being a point on the South ROW boundary of aforementioned
Barthold Road;
THENCE, along the South ROW of Barthold Road the next five (5) courses:
1.
2.
S 89'19’08" E, 12.17 feet to the beginning of a tangent curve to the right having a radius of 545.(X)
feet, a delta angle of 31'03'44", a chord that bears S 73'47’16" E, and a chord distance of 291.86
feet
Along said curve to the right an arc distance of 295.47 feet to a set 5/8 inch rebar with green cap
stamped “CEI ENG ASSOC INC” being the beginning of a tangent curve to the left having a radius
of 655.(X) feet, a delta angle of 28'07'16", a chord that bears S 72'19'01" E, and a chord distance
of 318.26 feet;
Along said curve to the left an arc distance of 321.48 feet to a set 5/8 inch rebar with green cap
stamped “CEI ENG ASSOC INC”;
S 86'22'38" E, 32.16 feet to a set S/8 inch rebar with green cap stamped “CEI ENG ASSOC INC”;
S 44'05'34" E, 56.31 feet to the POINT OF BEGINNING containing 808,076 square feet or 18.55
acres of land more or less.
3.
4.
5