Z22-0009bORDINANCENO. 222-OO09b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THEZONING DISTRICT AND USE CLASSIFICATION FROM RESIDENTIAL 2 (R2) DISTRICTTO HEAVY INDUSTRIAL (Hl) DISTRICT ON APPROXIMATELY 10.002 ACRES OFLAND LOCATED APPROXIMATELY 407.7 FEET EAST OF N WESTERN BLVD. AND1, 466 FEET NORTH OF JIM CHRISTAL RD., IN THE CITY OF DENTON, DENTONCOUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFiCIALZONrNG MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND
AN EFFECTIVE DATE. (222-OO09b)
WHEREAS, Ironwood Realty Partners has submitted a request to rezone
approximately 10.002 acres of land from Residential 2 (R2) District to Heavy Industrial (Hl)
District, legally described in Exhibit “A”, attached hereto and incorporated herein by reference
(hereinafter, the “Property”); and
WHEREAS, on August 10, 2022, the Planning and Zoning Commission, in compliancewith 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 September 20, 2022, the City Council likewise conducted a publichearing as required by law, and finds that the request meets and complies with allsubstantive and procedural standards set forth in Section 2.7.2 of the Denton DevelopmentCode, and is consistent with the Denton 2040 Comprehensive Plan 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 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 asset 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 Heavy Industrial (Hl) 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 orcircumstance 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 $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
s e c o n d ArrI o t i o nIeUX R T e :HH: a n c e w a s rr1 a ? i : tr dinAH :a :IS dIEd approve ; Ithe following vote [3 - L] :
Aye
J£
L/
y‘
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2:
Jessie Davis, District 3 :
Alison Maguire, District 4:b/
V/Brandon Chase McGee,
At Large Place 5 :
Chris Watts, At Large Place 6: /
PASSED AND APPROVED this the aDM day of Set kA„bf , 2022.
E :imF@A–Y–6R
Page 2 of 3
ATTEST:
ROSA RIOS, CITY SECRETARY 1\\\111111/
_ aaa _ a$'z
APPROVED AS TO LEGAL FORM:MACK REINWAND CITY ATTORNEY
][Ih&\ tWh 1: : :; ;hE F292r : : : 0 5 : 3 6BY: J v -05'oo'
Page 3 of 3
Exhibit A
Legal Description
Page 4 of 3
Legal:
ALL THAT CERTAIN lot, tract or parcel of land lying and being situated in the City of Denton,Denton County, Texas, and being a tract of land in the B.B.B. & C.R.R. COMPANY SURVEY,ABSTRACT NO. 192, and being a portion of that certain 50 acre tract conveyed to The Denton
Preparatory School of Denton by deed recorded in Volume 469, Page 9, of the Denton CountyDeed Records and said portion being more fully described as follows:
BEGINNING at an iron rod in place at a fence corner for the Southwest corner of said 50 acretract, said point being also the Northwest corner of that certain tract described as being 39.999acres conveyed to the Selwyn School by deed in Volume 576, Page 635, of said Deed Records;
THENCE North 0' 23’ 25" West with the West line of said 50 acre tract, 726.25 feet to a point forcorner from which an iron rod in a fence line bears South 88' 11’ 50" West, 0.13 foot;
THENCE North 88' 1 1' 50" East, 599.98 feet to an iron rod set for corner;
THENCE South 0' 23’ 30" East, passing an iron rod in a fence line at 726.29 feet and continuing
in all 726.43 feet to a point in the South line of said 50 acre tract and the North line of said SelwynSchool 39.999 acre tract;
THENCE South 88' 12’ 50" West with said South line of 50 acre tract and North line of SelwynSchool 39.999 acre tract in and along said fence line, 600.0 feet to the Place of Beginning, andcontaining 10.0016 acres of land, more or less.