Z21-0002bORDINANCE NO. Z21 -0002b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM PLANNED DEVELOPMENT (PD)
DISTRICT AND LIGHT INDUSTRIAL (LI) DISTRICT TO GENERAL OFFICE (GO)
DISTRICT ON APPROXIMATELY 24.93 ACRES OF LAND, AND FROM PLANNED
DEVELOPMENT (PD) DISTRICT TO MIXED-USE NEIGHBORHOOD (MN) DISTRICT ON
APPROXIMATELY 23.47 ACRES, AND FROM PLANNED DEVELOPMENT (PD)
DISTRICT TO LIGHT INDUSTRIAL (LI) DISTRICT ON APPROXIMATELY 9.7 ACRES,
TOTALING APPROXIMATELY 58.55 ACRES, GENERALLY LOCATED ON THE
SOUTHEAST CORNER OF THE INTERSECTION OF UNIVERSITY DRIVE AND LOOP
288, 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. (Z21 -0002b)
WHEREAS, Lee Allison, on behalf of the property owners, JNJ Prominence Square LP
and Henry Rife, to rezone approximately 24.93 acres from Planned Development (PD) District
and Light Industrial (LI) District to General Office (GO) District, legally described in Parcel 2 of
Exhibit "A", and approximately 23.47 acres from PIanned Development (PD) District to Mixed -
Use Neighborhood (MN) District, legally described in Parcel 3 of Exhibit "A", and approximately
9.7 acres from Planned Development (PD) District to Light Industrial (LI) District, legally
described in Parcel 4 of Exhibit "A", totaling approximately 58.55 acres legally described overall
in Parcel 1 of Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the
"Property"); 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 (6-0) of the request; 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; and
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 24.93 acres of the Property,
as described in Parcel 2 of Exhibit "A" is hereby changed to General Office (GO) District, and the
zoning district and use classification for the 23.47 acres of the Property as described in Parcel 3 of
Exhibit "A" is hereby changed to Mixed -Use Neighborhood (MN) District, and the zoning district
and use classification for the 9.7 acres of the Property as described in Parcel 4 of Exhibit "A" is
hereby changed to Light Industrial (LI) District.
SECTION 3. The City's official zoning map is hereby amended to show the established
zoning districts and use classifications.
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 and
seconded by the ordinance was passed and approved by
the following vote [-- 1:
Deb Armintor, At Large Place 5:
Page 2 of 3
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1:`
Brian Beck, District 2:
,f
Jessie Davis, District 3:
Alison Maguire, District 4:
Deb Armintor, At Large Place 5:
Page 2 of 3
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the c day of AUCL2Si- , 2021.
GERARD HUDSPETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: =��r
APPROVED AS TO LEGAL FORM:
CATHERINE CLIFTON, INTERIM CITY ATTORNEY
Hilary
2021.07.307.30 14:13:30 4:13:30
BY: -05,00,
Page 3 of 3
Exhibit A Legal
Description
Parcel 1
The Property
All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas and
being a part of the William Lloyd Survey, Abstract Number 774 and also being a part of a called
59.352 acre tract of land described in deed to JNJ Prominence Square LP recorded in Instrument
Number 2009-27978, Real Property Records, Denton County, Texas, and all of a tract of land
described in deed to Danny Johnson, recorded in Document Number 2009-10310, Real Property
Records, Denton County, Texas and being more fully described by metes and bounds as follows:
BEGINNING at a capped iron rod set stamped -'KAZ" for the Southwest corner of said 59.352
acre tract, in approximate intersection of the East right-of-way line of South Loop 288 and the
North right-of-way line of Prominence Parkway;
THENCE North 00 degrees 57 minutes 14 seconds East, a distance of 134.67 feet to a TXDOT
Monument found;
THENCE North 00 degrees 16 minutes 03 seconds East, a distance of 325.61 feet to a concrete
monument found;
THENCE North 07 degrees 21 minutes 45 seconds East, a distance of 1300.02 feet to a TXDOT
Monument found;
THENCE North 37 degrees 11 minutes 00 seconds East, a distance of 125.20 feet to a TXDOT
Monument found;
THENCE North 80 degrees 26 minutes 35 seconds East, a distance of 289.87 feet to a capped
iron rod set stamped "KAZ' ;
THENCE North 68 degrees 49 minutes 09 seconds East, a distance of 181.62 feet to a capped
iron rod set stamped "KAZ";
THENCE South 08 degrees 06 minutes 17 seconds East, a distance of 223.12 feet to a capped
iron rod set stamped "KAZ";
THENCE North 80 degrees 58 minutes 04 seconds East, a distance of 176.53 feet to a capped
iron rod set stamped "KAZ";
THENCE North 80 degrees 31 minutes 15 seconds East, a distance of 205.82 feet to a capped
iron rod set stamped "KAZ";
THENCE South 00 degrees 35 minutes 14 seconds East, a distance of 853.70 feet to a capped
iron rod set stamped "KAZ";
THENCE South 88 degrees 18 minutes 25 seconds East, a distance of 901.69 feet to a capped
iron rod set stamped "KAZ";
THENCE South 02 degrees 36 minutes 49 seconds West, a distance of 477.46 feet to a capped
iron rod set stamped "KAZ";
THENCE South 89 degrees 47 minutes 46 seconds West, a distance of 272.68 feet to a capped
iron rod set stamped "KA -Z" for the Northeast corner for said City of Denton tract;
THENCE South 84 degrees 24 minutes 06 seconds West, a distance of 438.40 feet to a capped
iron rod found stamped "GEES";
Page 1 of 4
THENCE South 35 degrees 44 minutes 48 seconds East, a distance of 165.09 feet to a capped
iron rod found stamped "GEES";
THENCE South 89 degrees 08 minutes 36 seconds East, a distance of 207.09 feet to a capped
iron rod found stamped "KAZ";
THENCE South 00 degrees 12 minutes 27 seconds East, a distance of 281.58 feet a capped iron
rod found;
THENCE North 89 degrees 16 minutes 27 seconds West, along said North line, a distance of
1359.78 feet to a capped iron rod set stamped "KAZ";
THENCE South 89 degrees 40 minutes 21 seconds West, a distance of 234.19 feet to the POINT
OF BEGINNING and containing 58.37 acres of land, more or less.
Parcel l
That portion of the Property rezoned to General Office
All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas and
being a part of the William Lloyd Survey, Abstract Number 774 and also being a part of a called
59.352 acre tract of land described in deed to JNJ Prominence Square LP recorded in Instrument
Number 2009-27978, Real Property Records, Denton County, Texas, and all of a tract of land
described in deed to Danny Johnson, recorded in Document Number 2009-10310, Real Property
Records, Denton County, Texas and being more fully described by metes and bounds as follows:
BEGINNING at a capped iron rod set stamped "KAZ" for the Southwest corner of said 59.352
acre tract, in approximate intersection of the East right-of-way line of South Loop 288 and the
North right-of-way line of Prominence Parkway;
THENCE North 00 degrees 57 minutes 14 seconds East, a distance of 134.67 feet to a TXDOT
Monument found;
THENCE North 00 degrees 16 minutes 03 seconds East, a distance of 325.61 feet to a concrete
monument found;
THENCE North 07 degrees 21 minutes 45 seconds East, a distance of 1300.02 feet to a TXDOT
Monument found;
THENCE North 37 degrees 11 minutes 00 seconds East, a distance of 125.20 feet to a TXDOT
Monument found;
THENCE North 80 degrees 26 minutes 35 seconds East, a distance of 289.87 feet to a capped
iron rod set stamped "KA -Z";
THENCE North 68 degrees 49 minutes 09 seconds East, a distance of 181.62 feet to a capped
iron rod set stamped "KAZ";
THENCE South 08 degrees 06 minutes 17 seconds East, a distance of 223.12 feet to a capped
iron rod set stamped "KAZ";
THENCE North 80 degrees 58 minutes 04 seconds East, a distance of 176.53 feet to a capped
iron rod set stamped "KAZ";
THENCE North 80 degrees 31 minutes 15 seconds East, a distance of 205.82 feet to a capped
iron rod set stamped "KAZ";
THENCE South 00 degrees 35 minutes 14 seconds East, a distance of 853.70 feet to a capped
iron rod set stamped "KAZ";
THENCE North 88 degrees 18 minutes 25 seconds West, a distance of 196.80 feet to a capped
iron rod set stamped "KAZ' ;
Page 2 of 4
THENCE North 85 degrees 44 minutes 44 seconds West, a distance of 573.35 feet to a capped
iron rod set stamped " AZ";
THENCE South 35 degrees 48 minutes 24 seconds West, a distance of 60.24 feet to capped iron
rod set stamped "KAZ";
THENCE South 08 degrees 08 minutes 41 seconds West, a distance of 212.98 feet to a capped
iron rod set stamped "KAZ";
THENCE South 07 degrees 59 minutes 09 seconds West, a distance of 150.00 feet to a capped
iron rod set stamped "KAZ";
THENCE South 08 degrees 08 minutes 41 seconds West, a distance of 138.33 feet to a capped
iron rod set stamped "KAZ";
THENCE South 01 degree 27 minutes 41 seconds West, a distance of 144.52 feet to a capped
iron rod set stamped "KAZ";
THENCE South 01 degree 27 minutes 49 seconds West, a distance of 150.00 feet to a capped
iron rod set stamped "KAZ";
THENCE South 00 degrees 59 minutes 54 seconds West, a distance of 157.56 feet to a capped
iron rod set stamped "KA-Z";
THENCE South 89 degrees 40 minutes 21 seconds West, a distance of 234.19 feet to the POINT
OF BEGINNING and containing 25.02 acres of land, more or less.
Section 3
That portion of the Property rezoned to Mixed -Use Neighborhood
All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas and
being a part of the William Lloyd Survey, Abstract Number 774 and also being a part of a called
59.352 acre tract of land described in deed to JNJ Prominence Square LP recorded in Instrument
Number 2009-27978, Real Property Records, Denton County, Texas and being more fully
described by metes and bounds as follows:
BEGINNING at a capped iron rod found for the Southwest corner of a tract of land described in
deed to the City of Denton, recorded in Instrument Number 2014-146398, Real Property
Records, Denton County, Texas, in the North right-of-way line of Prominence Parkway;
THENCE North 89 degrees 16 minutes 27 seconds West, along said North line, a distance of
1359.78 feet to a capped iron rod set stamped "KAZ";
THENCE North 00 degrees 59 minutes 54 seconds East, a distance of 157.56 feet to a capped
iron rod set stamped "KAZ";
THENCE North 01 degree 27 minutes 49 seconds East, a distance of 150.00 feet to a capped iron
rod set stamped "KAZ";
THENCE North 01 degree 27 minutes 41 seconds East, a distance of 144.52 feet to a capped iron
rod set stamped "KAZ' ;
THENCE North 08 degrees 08 minutes 41 seconds East, a distance of 138.33 feet to a capped
iron rod set stamped "KA -Z";
THENCE North 07 degrees 59 minutes 09 seconds East, a distance of 150.00 feet to a capped
iron rod set stamped "KAZ";
THENCE North 08 degrees 08 minutes 41 seconds East, a distance of 21298 feet to a capped
iron rod set stamped "KAZ";
Page 3 of 4
THENCE North 35 degrees 48 minutes 24 seconds East, a distance of 60.24 feet to a capped iron
rod set stamped "KAZ";
THENCE South 85 degrees 44 minutes 44 seconds East, a distance of 573.35 feet to a capped
iron rod set stamped "KAZ";
THENCE South 88 degrees 18 minutes 25 seconds East, a distance of 93.89 feet to a capped iron
rod set stamped "KAZ' ;
THENCE South 33 degrees 09 minutes 00 seconds East, a distance of 357.05 feet to a capped
iron rod set stamped "KAZ' ;
THENCE South 17 degrees 16 minutes 01 second East, a distance of 263.31 feet to a capped iron
rod found stamped "GEES" for the Northwest corner of the aforementioned City of Denton tract;
THENCE South 35 degrees 44 minutes 48 seconds East, a distance of 165.09 feet to a capped
iron rod found stamped "GEES";
THENCE South 89 degrees 08 minutes 36 seconds East, a distance of 207.09 feet to a capped
iron rod found stamped "KAZ";
THENCE South 00 degrees t2 minutes 27 seconds East, a distance of 281.58 feet to the POINT
OF BEGINNING and containing 23.66 acres of land, more or less.
Parcel 4
That portion of the Property rezoned to Light Industrial
All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas and
being a part of the William LIoyd Survey, Abstract Number 774 and also being a part of a called
59.352 acre tract of land described in deed to JNJ Prominence Square LP recorded in Instrument
Number 2009-27978, Real Property Records, Denton County, Texas and being more fully
described by metes and bounds as follows:
BEGINNING at a capped iron rod found stamped "GEES" for the Northwest corner of a tract of
land described in deed to the City of Denton, recorded in Instrument Number 2014-146398, Real
Property Records, Denton County, Texas;
THENCE North 17 degrees 16 minutes 01 second West, a distance of 263.31 feet to a capped
iron rod set stamped "KAZ";
THENCE North 33 degrees 09 minutes 00 seconds West, a distance of 357.05 feet to a capped
iron rod set stamped "KA -Z";
THENCE South 88 degrees 18 minutes 25 seconds East, a distance of 1004.60 feet to a capped
iron rod set stamped "KAZ";
THENCE South 02 degrees 36 minutes 49 seconds West, a distance of 477.46 feet to a capped
iron rod set stamped "KAZ";
THENCE South 89 degrees 47 minutes 46 seconds West, a distance of 272.68 feet to a capped
iron rod set stamped "KAZ" for the Northeast corner for said City of Denton tract;
THENCE South 84 degrees 24 minutes 06 seconds West, a distance of 438.40 feet to the POINT
OF BEGINNING and containing 9.70 acres of land, more or less.
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