Z20-0014cORDINANCE NO. 220-O014c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM RESDENTLAL 6 (R6) TO A
LIGHT INDUSTRLAL (LI) DISTRICT ON APPROXIMATELY 12.69 ACRES OF LAND
GENERALLY LOCATED ON THE EAST SIDE OF GEESLING ROAD, APPROXnvIATELY
320 FEET SOUTH OF E. UNIVERSITY DRIVE IN THE CITY OF DENTON, DENTON
COUNTY, TEXAS; ADOPTnvG AN AMENDMENT TO THE CITY’S OFFICLAL 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. (220-00 1':k)
WHEREAS, Aimee Bissett of 97 Land Company, on behalf of the property owners, John
Powell Walker and Martin Acquisitions, LLC, has submitted a request to rezone approximately
12.69 acres of land from Residential 6 (R6) District to Light Industrial (LI) District, legally
described in Exhibit “A“ and depicted in Exhibit “B”, both attached hereto and incorporated herein
by reference (hereinafter, the “Property”); and
WHEREAS, on March 17, 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 (5-0) of the request; and
WHEREAS, on May 4, 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
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 motion to approve this ordinance was made by qUe bN -\ S and
seconded by Taba \t~l6-a , the ordinance was passed and approved bythe following vote M - J :
Aye LNJa ' Abstain Absent
Gerard Hudspeth, Mayor:a
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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 L4tb day of r\ al . 2021
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY A\\II IIlIIe
a
Page 2 of 3
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
Digitally signed by Mack
ikJH=="-„„„;'';''rsBY:
Page 3 of 3
Exhibit “A”
Legal Description
BEING a tract of land situated in the Moreau Forrest Survey, Abstract No.417, City of Denton,
Denton County, Texas and being part of the remainder of a called 97.277 acre tract of land
described in a Substitutive Trustee’s Deed to Lynda Zimmerman, Trustee, as recorded in
Document No. 93-0034125 of the Official Records of said county, same being described in a
Special Warranty Deed to Martin Acquisitions, LLC, as recorded in Document No. 2017-38284
of said Official Records, and in a Special Warranty Deed to John Powell Walker, as recorded in
Document No. 2017-38283 of said Official Records, and being more particularly described, by
metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found on the east right-of-way line of Geesling Road, an
apparent public right-of-way, and in the south line of a called 8.530 acre tract described in a
Warranty Deed with Vendor's Lien to Freddy Augusta Perez Osorio and Olmeca Enterprises
LLC, as recorded in Document No. 2019- 157359 of said Official Records, for the most westerly
northwest corner of said 97.277 acre tract;
THENCE South 87'’48'27" East, leaving the east line of said Geesling Road and along the
common line of said 97.277 acre tract and said 8.53 acre tract, a distance of 746.61 feet to a 5/8
inch iron rod with a red plastic cap, stamped “KHA”, set for corner;
THENCE South 01'’56'46'’ West, leaving said common line and crossing said 97.277 acre tract,
a distance of 978.24 feet to a 5/8 inch iron rod with a red plastic cap, stamped “KHA”, set for
corner ;
THENCE North 87'53'02" West, continuing across said 97.277 acre tract, passing at a distance
of 40.00 feet, an iron rod with a cap, stamped ’'TNP'’, found for the northeast corner of Lot 1,
Block A of Arco Substation, an addition to the City of Denton, as shown on the Minor Plat
recorded in Document No. 2015-103 of the Plat Records of said county, and continuing along the
north line of said Arco Substation, for a total distance of 418.98 feet to an iron rod with a cap,
stamped "5310", found for the southeast corner of a called 1.043 acre tract described in an
Administration Distribution Deed to David Earl Cawood, et al, as recorded in Document No.
2018- 14631 of said Official Records and an inner “L” corner of said 97.277 acre tract;
THENCE North 02'44'27" East, along a west line of said 97.277 acre tract, the east line of said
1.043 acre tract, the east line of a called 1.043 acre tract described in a Special Warranty Deed to
Steven Edmond Bowles, as recorded in Document No. 2010-100546 of said Official Records, the
east line of a called 1.043 acre tract described in a Special Warranty Deed to Wady Hilton and
Betty Jean Hilton, as recorded in Document No. 2010-72406 of said Official Records, and the
east line of a called 1.043 acre tract described in a Warranty Deed to James and Leigh Hilton
Family Living Trust, as recorded in Document No. 2013--133936 of said Official Records, a
distance of 538.30 feet to an iron rod with a cap, stamped "5310", found for the northeast corner
of said James and Leigh Hilton Family Living Trust tract and an inner “L“ corner of said 97.277
acre tract;
THENCE North 87'40’12'’ West, along the common line of said 97.277 acre tract and said
James and Leigh Hilton Family Living Trust tract, a distance of 338.32 feet to a 3 inch metal
fence post found on the east right-of-way line of the aforementioned Geesling Road for the
northwest corner of said James and Leigh Hilton Family Living Trust tract and a southwest
corner of said 97.277 acre tract;
THENCE North 01'’32'29" East, along the east line of said Geesling Road and the west line of
said 97.277 acre tract, a distance of 59.37 feet to a 5/8 inch iron rod with a red plastic cap,
stamped “KHA”, set for corner;
THENCE North 02'’29'42" East, along the east line of said Geesling Road and the west line of
said 97.277 acre tract, a distance of 380.34 feet to the POINT OF BEGINNING and containing
12.696 acres or 553,054 square feet of land, more or less.
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