Z22-0006aORDINANCENO. 222-OO06a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM A RESIDENTIAL 2 (R2) ZONINGDISTRICT TO A LIGHT INDUSTRiAL (LI) ZONING DISTRICT ON APPROXIMATELY9.56 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHEAST CORNER OF US380 (UNIVERSITY DRIVE) AND THOMAS EGAN ROAD, 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 $2,000.00FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE. (222-0006a)
WHEREAS, the applicant Justin Toon of IR2 Holdings LLC, on behalf of the propertyowner, John Clint Riley, has submitted a request to rezone approximately 9.56 acres of land from
a Residential 2 (R2) Zoning District to a Light Industrial (LI) Zoning District, legally described in
Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”);and
WHEREAS, on August 24, 2022, 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 September 27, 2022, 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 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 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 shouldbe 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) Zoning District.
SECTION 3. The City’s official zoning map is hereby amended to show the established
zoning district and use classification.
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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 $2,000.00 for each offense. Each day that a provision of this ordinance
is violated shall constitute a separate and distinct offense.
SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance
shall become effective fourteen (14) days from the date of its passage, and the City Secretary ishereby directed to cause the caption of this ordinance to be published twice in the Denton Record-
Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the
date of its passage.
S e C O n d elyrrIL 0 t i O n t 0 %::a: h4113)!11= E n C e \va smajl Ir di in:as ItS EIIte / I
the following vote [] - a:
Aye
V/
pr
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :
Brian Beck, District 2 :\/
Jessie Davis, District 3 :t/
b/Alison Maguire, District 4:
Brandon Chase McGee,
At Large Place 5 :,/
Chris Watts, At Large Place 6:\/
PASSED AND APPROVED this the £1-'K day of 9,p\emb,,_, 2022.=${/a.=
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ATTEST:
ROSA RIOS, CITY SECRETARY L\\111111111
J’XIn .722)7/
APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
1+1t&\ tW& gi: :; ;To: :293r B : : 3 6 : 2 0
BY: J v -05'OO'
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Exhibit A
Legal Description9.56 ACRES
BEING an approximate 9.56 acre tract of land situated in the Seferino Huizar Survey, Abstract
Number 514, Denton County, Texas and being a portion of a called 1-6.4333 acre tract of land
described in deed to Dana L. Miller, recorded in Volume 3412, Page 33 of the Real Property
Records of Denton County, Texas and being more particularly described by metes and bounds asfollows
COMMENCING at a 1/2” iron rod found at the Northwest corner of a called 12.00 acre tract of
land described in deed to Dana Miller, recorded in Volume 3119, Page 902 of the Real Property
Records of Denton County, Texas, and the common Southwest corner of a tract of land described
in deed to Vickie Murdock, recorded in Document Number 2004-80900 of the Official Records of
Denton County, Texas from which a PK nail found at the Northwest corner of said Murdock tract
bears N 00'’ 11 '40" E, a distance of 1090.63 feet;
THENCE S 00'’11'40" W with the West line of said called 12.00 acre tract, passing a PK nailfound at the Northwest corner of said called 16.4333 acre tract and the common Southwest corner
of said called 12.00 acre tract at a distance of 524.85 feet, and continuing with the West line of
said called 16.4333 acre tract a total distance of 781.29 feet to the POINT OF BEGINNING;
THENCE, over and across said called 16.4333 acre tract, the following three (3) courses anddistances:
1
2
3.
S85'’00'02"E, a distance of 302.18 feet;
S87c>07'44"E, a distance of 668.84 feet;
S87'52’OO’'E, a distance of 24.70 feet to a point in the East line of said called 16.4333 acre
tract and the common West line of a tract of land described in deed to Preston M. East, II,
recorded in Document Number 2011-122107 of the Official Records of Denton County,Texas9
THENCE S 00'’23'47" W with the East line of said called 16.4333 acre tract and the common
West line of said Preston M. East, II tract, a distance of 397.88 feet to a 1/2“ iron rod with cap
stamped “EAGLE SURVEYING“ set at the Northeast corner of a tract of land called “PARCEL
9” in deed to the State of Texas, recorded in Document Number 2008-7222 of the Real Property
Records of Denton County, Texas same being the North Right-of-Way (R.O. W.) line of U.S.
Highway 380/W. University Drive (variable width R.O. W.);
THENCE with the North R.O. W. line of said U.S. Highway 380/W. University Drive the
following four (4) courses and distances :
1. N 88'’08'11" W, a distance of 59.94 feet to a 1/2” iron rod with cap stamped “EAGLESURVEYING” set;
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2.
3.
4.
S 81'’25'53" W, a distance of 87.73 feet to a 1/2” iron rod with cap stamped “EAGLESURVEYING’ set;N 88'’09'14" W, a distance of 564.29 feet to a 1/2” iron rod with cap stamped “EAGLESURVEYING” set;N 83'’43'51" W, a distance of 283.42 feet to a 1/2” iron rod with cap stamped “EAGLESURVEYING’ set in the West line of said called 16.4333 acre tract;
THENCE N 00' 11'40" E with the West line of said called 16.4333 acre tract, a distance of 420.62
feet to the POINT OF BEGINNING and containing approximately 9.56 acres of land more orless
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