Z20-0005cORDINANCE NO. Z20 -0005c
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM MIXED-USE REGIONAL (MR)
DISTRICT TO LIGHT INDUSTRIAL (LI) DISTRICT ON APPROXIMATELY 142 ACRES OF
LAND GENERALLY LOCATED AT THE SOUTHWEST CORNER OF THE 1-35
SOUTHBOUND SERVICE ROAD AND FM 1173 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 $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z20 -0005c)
WHEREAS, Westview Commercial LP has applied for a zoning change on approximately
142 acres of land legally described in Exhibit "A", attached hereto and incorporated herein by
reference (hereinafter, the "Property") from aMixed-Use Regional (MR) District zoning district
and use classification to a Light Industrial(LI) District zoning district and use classification; and
WHEREAS, on July 14, 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 amendment; and
WHEREAS, on August 3, 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 a change in the 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 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 Mixed -Use Regional (MR) District to Light Industrial (LI) District.
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning district and use classification.
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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.
The motion to approve this ordinance was made by'icw [ {VLA 1 j-Zt C
and seconded by Pt) ; --)On 'M G5 01 C e , the ordinance was passed and
approved by the following vote [_771_ - U:
Aye Nay
Mayor Gerard Hudspeth: -/1
Vicki Byrd, District 1:
Brian Beck, District 2: 1/
Jesse Davis, District 3: . I/
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Paul Meltzer, At Large Place 6: ✓
Abstain Absent
PASSED AND APPROVED this the3�=1 day of AL)gy,� , 2021.
i
GERARD HUDSPETH, MAYOR
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ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
Hilary Negron
2021.47.23 49:06:29
BY: it -45'00'
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Exhibit A
Legal Description
Denton Commerce Center
FIELD NOTES
141.899 ACRES
BEING all that certain lot, tract or parcel of land situated in the B. B. B. and C. R. R. Company
Survey Abstract Number 141 and the R. Whitlock Survey Abstract Number 1403 in the City of
Denton, Denton County, Texas, being a part of that certain (called) 112 112 acre "Tract Two -B"
and a part of that certain (called) 109 112 acre "Tract Two -C" of land conveyed by deed from
Ella Barthold to Ella Barthold Living Trust recorded in Volume 4037, Page 1742, Real Property
Records, Denton County, Texas, and being more particularly described as follows:
BEGINNING at a right-of-way marker post for corner in the west line of Interstate Highway
Number 35, a public roadway, said point being the northeast corner of that certain "Tract One"
of land conveyed by deed from Cornelia C. Harris to Robert Woodson Harris recorded under
Clerk's File Number 97-R0085336, Real Property Records, Denton County, Texas;
THENCE N 88 58' 01" W, 3695.01 feet with the north line of said Harris "Tract One" to an iron
rod found for corner in the east line of the Gulf, Colorado and Santa Fe Railroad Company
right-of-way;
THENCE N 22 46' 41" W, 1860.04 feet with said east line of said Railroad Company right-of-
way to a right-of-way marker post for corner in the south line of Farm -to -Market Highway
Number 1173, a public roadway;
THENCE S 87 39' 59" E, 1634.99 feet with said south line of said Farm -to -Market Highway to a
right-of-way marker post found for corner;
THENCE S 84 33' 28" E, 100.64 feet with said south line of said Farm -to -Market Highway to a
right-of-way marker post found for corner;
THENCE S 88 37' 44" E, 401.49 feet with said south line of said Farm -to Market Highway to a
right-of-way marker post found for corner;
THENCE N 88 07'35" E, 99.83 feet with said south line of said Farm -to -Market Highway to a
right-of-way marker post found for corner;
THENCE S 89 19' 54" E, 2036.39 feet with said south line of said Farm -to -Market Highway to a
right-of-way marker post found for corner at the beginning of a right-of-way flare;
THENCE S 47 17' 27" E, 144.34 feet with said right-of-way flare to a concrete monument found
for corner in said west line of said Interstate Highway Number 35;
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THENCE S 02 56' 15" E, 265.20 feet with said west line of said Interstate Highway to an iron
rod found for corner;
THENCE S 01 53' 50" W, 401.25 feet with said west line of said Interstate Highway to a
right-of-way marker post found for corner;
THENCE S 03 05' 35" E, 210.80 feet with said west line of said Interstate Highway to a
right-of-way marker post found for corner at the beginning of a right-of-way flare;
THENCE S 44 10' 01" W, 76.67 feet with said right-of-way flare to an iron rod set for corner in
the north line of United States Loop Highway Number 288, a public roadway;
THENCE N 89 11'03" W, 295.45 feet with said north line of said U. S. Loop Highway to an iron
rod set for corner;
THENCE S 78 07' 02" W, 7099 feet with said north line of said U. S. Loop Highway to an iron
rod set for corner, said point being the southeast corner of that certain (called) 1.702 acre tract of
land conveyed by deed to The City of Denton;
THENCE N 012 1' 54" E, 224.69 feet with the east line of said City of Denton tract to an iron
rod found for corner, said point being the northeast corner of said City of Denton tract;
THENCE N 88 37' 46" W, 225.05 feet with the north line of said City of Denton tract to an iron
rod found for corner, said point being the northwest corner of said City of Denton tract;
THENCE S 0124' 03"W, 309.02 feet with the west line of said City of Denton tract to an iron
rod set for corner in said north line of said U. S. Loop Highway, said point being the southwest
corner of said City of Denton tract;
THENCE S 78 12' 19" W, 292.02 feet with said north line of said U. S. Loop Highway to a
right-of-way marker post found for corner at the west end of said U. S. Loop Highway;
THENCE S 00 57' 51" W, 324.68 feet with said west end of said U. S. Loop Highway to a
right-of-way marker post found for corner in the south line of said U. S. Loop Highway;
THENCE S 79 27' 59" E, 618.95 feet with said south line of said U. S. Loop Highway to a
right-of-way marker post found for corner;
THENCE S 89 16' 14" E, 260.15 feet with said south line of said U. S. Loop Highway to a right-
of-way
ight-
ofway marker post found for corner at the beginning of a right-of-way flare;
THENCE S 59 08' 55" E, 109.20 feet with said right-of-way flare to the PLACE OF
BEGINNING and containing 141.899 acres of land.
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