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Z21-0010aZ21-001Oa ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM MIXED USE NEIGHBORHOOD (MN) AND RESIDENTIAL 6 (R6) TO A LIGHT INDUSTRIAL (LI) DISTRICT ON 20.83 ACRES AND FROM A RESIDENTIAL RURAL (RR) TO LI DISTRICT ON APPROXIMATELY 4.17 ACRES OF LAND FOR A TOTAL OF APPROXIMATELY 25 ACRES GENERALLY LOCATED ON THE SOUTH SIDE OF E. UNIVERSITY DRIVE APPROXIMATELY 880 FEET EAST OF GEESLING ROAD AND ON THE EAST SIDE OF GEESLING ROAD, APPROXIMATELY 800 FEET SOUTH OF E. UNIVERSITY DRIVE, 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. (Z21-001Oa) WHEREAS, Aimee Bissett of 97 Land Company, on behalf of the property owners John Powell Walker; Hilton, James Guy & Leigh Anna Family Living Trust; Wady and Betty Jean Hilton; and Steven E. Bowles, has submitted a request to rezone approximately 20.83 acres of land from Mixed Use Neighborhood (MN) and Residential 6 (R6) District to Light Industrial (LI) District, legally described in Exhibit "A" and approximately 4.17 acres of land from Residential Rural (RR) District to LI District, legally described in Exhibit "B", and both depicted in Exhibit "C", all attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on September 22, 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 (7-0) of the request; and WHEREAS, on October 19, 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 �� c� 2 and seconded by �eSS'L t it i S , the ordinance was passed and approved by the following vote [ - ": PASSED AND APPROVED this theq� day of ©G-�Oo De,( , 2021. GERARD HUDSPETH, MAYOR Page 2 of 3 Aye Nay Abstain Absent Gerard Hudspeth, Mayor: ✓- Vicki Byrd, District 1: ✓ Brian Beck, District 2: Jesse Davis, District 3: ,r Alison Maguire, District 4: Deb Armintor, At Large Place 5: ✓ Paul Meltzer, At Large Place 6: PASSED AND APPROVED this theq� day of ©G-�Oo De,( , 2021. GERARD HUDSPETH, MAYOR Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY 4 i APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Hilary Negron 2021.10.13 16:53:49 BY: -05'00' 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 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 3/8 -inch iron rod found for the northerly, northeast corner of said 97.277 -acre tract, same being on the westerly line of a called 28 -acre tract of land described in a Deed to T. B. Bullard, as recorded in Volume 432, Page 149 of the Deed Records of Denton County, Texas, same also being on the southerly right of way line of University Drive (U. S. Highway 377), a variable width right of way; THENCE South 02°28'00" West, departing the southerly right of way line of said University Drive (U. S. Highway 377), along an easterly line of said 97.277 -acre tract and the westerly line of said 28 -acre tract, a distance of 603.48 feet to a 1/2 -inch iron rod found for the southwest corner of said 28 -acre tract; THENCE South 88`48'49" East, along the southerly line of said 28 -acre tract and a northerly line of said 97.277 -acre tract, a distance of 63.00 feet to a 3/8 -inch iron rod found for a corner; THENCE South 87°58'52" East, continuing along the southerly line of said 28 -acre tract and a northerly line of said 97.277 -acre tract, a distance of 260.00 feet to a point for corner; THENCE South 41°51'49" West, departing the southerly line of said 28 -acre tract, a northerly line of said 97.277 -acre tract, crossing said 97.277 -acre tract, a distance of 649.24 feet to a point for corner; THENCE South 35'42'38" West, continuing across said 97.277 -acre tract, a distance of 496.48 feet to a point for corner; THENCE North 87°53'02" West, continuing across said 97.277 -acre tract, a distance of 51.02 feet to a point for corner; THENCE South 02°06'58" West, continuing across said 97.277 -acre tract, a distance of 65.00 feet to a point for corner; THENCE North 87'53'02" West, continuing across said 97.277 -acre tract, a distance of 254.19 feet to a point for corner; THENCE North 01°56'46" East, continuing across said 97,277 -acre tract, a distance of 978.24 feet to a point for corner on a northerly line of said 97.277 -acre tract, same being on the southerly line of a called 8.530 -acre tract described in a Warranty Deed with Vendor's Lien to Freddy Augusto Perez Osorio and Olmeca Enterprises LLC, as recorded in Document No. 2019-157359 of said Official Records; THENCE South 87'48'27" East, along a northerly line of said 97.277• acre tract and the southerly line of said 8.530 -acre tract, a distance of 128.79 feet to an iron rod with a plastic cap, stamped "1131" found against a 3 -inch metal fence corner post for the southeast corner of said 8.530 -acre tract; THENCE North 00°02'37" East, along a westerly line of said 97.277 -acre tract and the easterly line of said 8.530 -acre tract, a distance of 510.40 feet to a point on the northerly side of a wooden highway right of way marker for the northeast corner of said 8.530 -acre tract and the northerly, northwest corner of said 97.277 -acre tract, same being on the southerly right of way line of aforesaid of University Drive (U. S. Highway 377); THENCE North 80°55'55" East, along the northerly line of said 97.277 acre tract and the southerly right of way line of said of University Drive (U. S. Highway 377), a distance of 382.60 feet to a 4 -inch concrete TXDOT right of way monument found for corner, from which, a 3.25 -inch TXDOT aluminum right of way marker bears South 46°03' East, 0.76 feet; THENCE South 87°49'19" East, continuing along the northerly line of said 97.277 -acre tract and the southerly right of way line of said of University Drive (U. S. Highway 377), a distance of 102.58 feet to a 4 -inch concrete TXDOT right of way monument found for corner, from which, a 3.25 -inch TXDOT aluminum right of way marker bears South 28'53' East, 1.01 feet; THENCE North 81°09'15" East, continuing along the northerly line of said 97.277 -acre tract and the southerly right of way line of said of University Drive (U. S. Highway 377), a distance of 92.08 feet to the POINT OF BEGINNING and containing 20.828 acres or 907268 square feet of land, more or less. Exhibit "B" Legal Description BEING a tract of land situated in the Moreau Forrest Survey, Abstract No.417, City of Denton, Denton County, Texas and being all of a called 1.043 -acre tract of land, described in a Warranty Deed to the James and Leigh Hilton Family Living Trust, recorded in Document No. 2013-133936, all of a called 1.043 - acre tract of land, described in a Special Warranty Deed to Wady Hilton and Betty Jean Hilton, recorded in Document No. 2010-72409, all of a called 1.043 acre tract of land, described in a Special Warranty Deed to Steven Edmond Bowles, recorded in Document No. 2010-100546 and all of a called 1.043 -acre tract of land, described in an Administration Distribution Deed to David Earl Cawood, Davita Lynn Cawood and Richard Paul Proft as the Independent Executor of the Estate of Linda Jean Proft, for the Estate of Linda Jean Proft, deceased, all of the Official Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3 -inch metal fence corner post found for the northwest corner of said 1.043 -acre James and Leigh Hilton Family Living Trust tract, same being the westerly, southwest corner 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, same also being on the easterly right-of-way line of Geesling Road, an apparent public right-of-way, no record found; THENCE South 87°40'12" East, departing the easterly right of way line of said Geesling Road, along the northerly line of said 1.043 -acre James and Leigh Hilton Family Living Trust tract and a southerly line of said 97.277 -acre tract, a distance of 338.32 feet to an iron rod with a plastic cap, stamped "RPLS 5310" found for the northeast corner of said 1.043 -acre James and Leigh Hilton Family Living Trust tract; THENCE South 02044'27" West, along an easterly line of said 1.043 -acre James and Leigh Hilton Family Living Trust tract, the easterly line of said 1.043 -acre tract Wady Hilton and Betty lean Hilton tract, the easterly line of said 1.043 acre Steven Edmond Bowles tract, the easterly line of said 1,043 -acre David Earl Cawood, Davita Lynn Cawood and Richard Paul Proft as the Independent Executor of the Estate of Linda Jean Proft, for the Estate of Linda Jean Proft, deceased tract and a westerly line of said 97.277 -acre tract, a distance of 538.30 feet to an iron rod with a plastic cap, stamped "RPLS 5310" found the southeast corner of said 1.043 -acre David Earl Cawood, Davita Lynn Cawood and Richard Paul Proft as the Independent Executor of the Estate of Linda Jean Proft, for the Estate of Linda Jean Proft, deceased tract, same being on the northerly line 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; THENCE North 87°53'02" West, along the southerly line of said 1.043 -acre David Earl Cawood, Davita Lynn Cawood and Richard Paul Proft as the Independent Executor of the Estate of Linda Jean Proft, for the Estate of Linda Jean Proft, deceased tract and the northerly line of said Lot 1, Block A, a distance of 336.25 feet to a 3 -inch metal fence corner post found or the southwest corner of said 1.043 -acre tract same being on the easterly right of way line of aforesaid Geesling Road; THENCE North 02031'14" East, along the westerly line of said 1.043 -acre David Earl Cawood, Davita Lynn Cawood and Richard Paul Proft as the Independent Executor of the Estate of Linda Jean Proft, for the Estate of Linda Jean Proft, deceased tract, the westerly line of aforesaid 1.043 -acre Steven Edmond Bowles tract, the westerly line of aforesaid 1.043 -acre tract Wady Hilton and Betty Jean Hilton tract, the westerly line of aforesaid easterly line of said 1.043 -acre lames and Leigh Hilton Family Living Trust tract, and the easterly right of way line of said Geesling Road, a distance of 539.54 feet to the POINT OF BEGINNING and containing 4.173 acres or 181,763 square feet of land, more or less. Exhibit "C" Property Location