Z21-0016aORDINANCE NO.
X21-0Oi6a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AN INITIAL ZONING
DISTRICT AND USE CLASSIFICATION TO A LIGHT INDUSTRIAL (LI) ZONING
DISTRICT ON APPROXIMATELY 247.78 ACRES OF LAND, A CHANGE IN THE ZONING
DISTRICT AND USE CLASSIFICATION FROM A HIGHWAY CORRIDOR (HC) ZONING
DISTRICT TO A LI ZONING DISTRICT ON APPROXIMATELY 25.84 ACRES OF LAND,
AND A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM A
MIXED-USE REGIONAL (MR) ZONING DISTRICT TO A LI ZONING DISTRICT ON
APPROXIMATELY 7.21 ACRES OF LAND, GENERALLY LOCATED ON THE
SOUTHWEST CORNER OF I-35 NORTH AND THE FUTURE EXTENSION OF 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 -0016a)
WHEREAS, the applicant Dennis Chovan of Halff & Associates Inc., on behalf of the
property owner, Robert W. Harris, representing the Harris Ranch Ownership, have submitted a
request to zone approximately 247.78 acres of land to a Light Industrial (LI) Zoning District, to
rezone approximately 25,84 acres of land from a Highway Corridor (HC) Zoning District to a LI
Zoning District, and to rezone approximately 7.21 acres of land from a Mixed -Use Regional (MR)
Zoning District to a LI Zoning District, legally described in Exhibit "A", attached hereto and
incorporated herein by reference (hereinafter, the "Property"); and
WHEREAS, on November 3, 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 December 7, 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 zoning change for the Property, have determined that
the proposed zoning district and use classification 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.
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SECTION 2. The zoning district and use classification for the Property is hereby changed
to Light Industrial (LI) Zoning 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 -2.55 e- ; S and
seconded by)�)e-c-k_ , the ordinance was passed and approved by
the following vote -0-1:
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor: ./
Vicki Byrd, District 1: ./
Brian Beck, District 2:
Jessie Davis, District 3: ✓
Alison Maguire, District 4: .�
Deb Armintor, At Large Place 5: ✓
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the '1fi� day of--< , 2021.
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ATTEST:
ROSA RIOS, CITY SECRETARY
m
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
Hilary iVegron
/ tq�-- 2021.11.04
BY: 10:54:47 -05`00'
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GERARD HUDSPETH, MAYOR
Exhibit A
Legal Description
280.83 ACRES
TRACT 1
BEING a 225.58 acre tract of land situated in the Robert Whitlock Survey, Abstract Number 1403,
N. Wade Survey, Abstract Number 1407, and the B.B.B and C.R.R. Company Survey, Abstract
Number 141, Denton County, Texas, and being all of a called 75.492 acre tract of land described
as "Parcel I" in Special Warranty Deed to Robert W. Harris Heritage Trust, as recorded in
Document Number 2012-139301 of the Real Property Records of Denton County, Texas
(R.P.R.D.C.T.), and all of a called 7.937 acre tract of land described in Warranty Deed to Robert
W. Harris, as recorded in Clerk's File Number 93-R0043112, R.P.R.D.C.T., and all of the tracts
of land described as "Parcel I", "Parcel II" and "Parcel III" in Special Warranty Deed to Robert
Woodson Harris, as recorded in Document Number 2012-139304, R.P.R.D.C.T., and all of a called
8.000 acre tract of land described as "Tract II" in Special Warranty Deed to Lisa J. Harris Trust,
as recorded in Document Number 2018-118132, R.P.R.D.C.T., and all of a called 8.000 acre tract
of land described as "Tract III" in Special Warranty Deed to Richard A. Harris, III Investment
Trust, as recorded in Document Number 2018-118133, R.P.R.D.C.T., and all of a called 6.362 acre
tract of land described as "IV" in Special Warranty Deed to Richard and Joneel Harris Living
Trust, as recorded in Document Number 2018-118131, R.P.R.D.C.T., and part of the remainder of
a called 13.071 acre tract of land described in Warranty Deed to Richard A. Harris, Jr., in Clerk's
File Number 93-43111, R.P.R.D.C.T., and all of a called 129.005 acre tract of land described as
"Parcel 3" in Special Warranty Deed to Joneel J. Harris, as recorded in Document Number 2021-
6959, R.P.R.D.C.T., and being more particularly described as follows:
BEGINNING at the northeast corner (not monumented) of Lot 1, Block A, Western Hills Business
Park, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet H, Page
224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and the southeast corner of a said
7.937 acre tract, said corner being on the west right-of-way line of Interstate Highway 35 (a
variable width right-of-way);
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 7.937 acre
tract and the south line of said 75.492 acre tract, a distance of 2.935.78 feet to the southwest corner
of said 75.492 acre tract, said corner being on the east right-of-way line of Gulf, Central and Santa
Fe Railroad (G.0 & S.F. RR.)(a variable width right-of-way);
THENCE with the east right-of-way line of said G.C. & S.F. RR., the following bearings and
distances:
North 09 degrees 15 minutes 33 seconds West, along the west line of said 75.492 acre tract,
a distance of 192.20 feet to a point for corner;
North 16 degrees 14 minutes 37 seconds West, continuing along said west line and the west
line of the aforementioned 129.005 acre tract, a distance of 1,436.24 feet to a point for
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corner, said corner being the point of curvature of a non -tangent circular curve to the left,
having a radius of 8,669.40 feet, whose chord bears North 18 degrees 05 minutes 55
seconds West, a distance of 548.81 feet;
Northerly, along the west line of said 129.005 and said curve, through a central angle of 03
degrees 37 minutes 40 seconds, an are distance of 548.90 feet to a point for corner;
North 27 degrees 34 minutes 40 seconds West, along the west line of said 129.005, a
distance of 205.40 feet to a point for corner, said corner being the point of curvature of a
non -tangent circular curve to the left, having a radius of 8,644.40 feet, whose chord bears
North 22 degrees 21 minutes 39 seconds West, a distance of 331.59 feet;
Northerly, along said west line and said curve, through a central angle of 02 degrees 11
minutes 53 seconds, an arc distance of 331.61 feet to a point for corner;
North 23 degrees 24 minutes 20 seconds West, along said west line, a distance of 473.95
feet to a point for the northwest corner of said 129.005 acre tract;
THENCE South 89 degrees 35 minutes 12 seconds East, with the north line of said 129.005 acre
tract, a distance of 3,694.40 feet to the northeast corner of said 6.362 acre tract, said corner being
on the west right-of-way line of the aforementioned Interstate Highway 35;
THENCE with the west right-of-way line of said Interstate Highway 35, the following bearings
and distances:
South 05 degrees 44 minutes 49 seconds East, a distance of 620.62 feet to a point for corner;
South 09 degrees 25 minutes 28 seconds East, a distance of 470.24 feet to a point for corner;
South 03 degrees 26 minutes 23 seconds East, a distance of 1,916.60 feet to the POINT
OF BEGINNING AND CONTAINING 225.58 acres (9,826,182 square feet) of land,
more or less.
TRACT 2
BEING a 55.25 acre tract of land situated in the Robert Whitlock Survey, Abstract Number 1403,
Denton County, Texas, and being all of a called 33.417 acre tract of land described as "Parcel 2"
and all of a called 21.776 acre tract of land described as "Parcel 1" in Special Warranty Deed to
Joneel J. Harris, successor trustee of the martial trust created under the Richard and Joneel Harris
living trust dated October 26, 2017, as recorded in Document Number 2021-6959 of the Real
Property Records of Denton County, Texas (R.P.R.D.C.T.), and being more particularly described
as follows:
COMMENCING at the northeast corner (not monumented) of Lot 1, Block A, Western Hills
Business Park, an addition to the City of Denton, Denton County, Texas, as recorded in Cabinet
H, Page 224 of the Plat Records of Denton County, Texas (P.R.D.C.T.), and the southeast corner
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of a called 7.937 acre tract of land described in Warranty Deed to Robert W. Harris, as recorded
in Clerk's File Number 93-R0043112, R.P.R.D.C.T., said corner being on the west right-of-way
line of Interstate Highway 35 (a variable width right-of-way);
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 7.937 acre
tract and the south line of a called 75.492 acre tract of land described as "Parcel I" in Special
Warranty Deed to Robert W. Harris Heritage Trust, as recorded in Document Number 2012-
139301, R.P.R.D.C.T. and over and across Gulf, Central and Santa Fe Railroad (G.0 & S.F. RR.)(a
variable width right-of-way), a distance of 3,067.77 feet to the southeast corner of said 33.417 acre
tract for the POINT OF BEGINNING;
THENCE North 89 degrees 51 minutes 30 seconds West, along the south line of said 33.417 acre
tract, a distance of 1,262.98 feet to the southwest corner of said 33.417 acre tract;
THENCE North 00 degrees 00 minutes 32 seconds East, along the west line of said 33.417 acre
tract and said 21.776 acre tract, a distance of 3,013.24 feet to the northwest corner of said 21.776
acre tract;
THENCE South 89 degrees 35 minutes 12 seconds East, along the north line of said 21.776 acre
tract, a distance of 245.19 feet to the northeast corner of said 21.776 acre tract, said corner being
on the west right-of-way line of said G.C. & S.F. RR.;
THENCE with the west right-of-way line of said G.C. & S.F. RR., the following bearings and
distances:
South 23 degrees 24 minutes 20 seconds East, along the east line of said 21.776 acre tract,
a distance of 529.19 feet to a point for corner, said corner being the point of curvature of a
non -tangent circular curve to the right, having a radius of 8,519.40 feet, whose chord bears
South 19 degrees 49 minutes 52 seconds East, a distance of 1,078.54 feet;
Southerly, along the east line of said 21.776 and said curve, through a central angle of 07
degrees 15 minutes 30 seconds, an arc distance of 1,079.26 feet to a point for corner;
South 16 degrees 14 minutes 37 seconds East, along the east line of said 21.776 and the
aforementioned 33.417 acre tract, a distance of 1,577.33 feet to the POINT OF
BEGINNING AND CONTAINING 55.25 acres (2,406,814 square feet) of land, more or
less.
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