Z22-0011bORDINANCE NO. 222-OOI Ib
AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM A MIXED-USE REGIONAL (MR)ZONING DISTRICT TO A LIGHT INDUSTRIAL (LI) ZONING DISTRICT ONAPPROXIMATELY 53.681 ACRES OF LAND, GENERALLY LOCATED SOUTH OFBARTHOLD ROAD, NORTH OF FM 1173, APPROXIMATELY 712 FEET WEST OF THEINTERSECTION OF FM 1173 AND NORTH 1-35E, IN THE CITY OF DENTON, DENTONCOUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONINGMAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FORVIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE. (222-0011 b)
WHEREAS, the applicant Todd Finley of CLX Ventures, LLC, on behalf of property
owner, The Deeper Life Bible Church, has submitted a request to rezone approximately 53.681
acres of land from a Mixed-Use Regional (MR) 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 October 12, 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 November 1, 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 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) 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 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 %rtS K)MIs and
seconded by Jf Be eM'\S , the ordinance was passed and approved by
the following vote U - d :
Aye
P/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
Vicki Byrd, District 1 :F
FBrian Beck, District 2:
Jesse Davis, District 3 :r
Alison Maguire, District 4:L/
Brandon Chase McGee,
At Large Place 5:V/-
Chris Watts, At Large Place 6: /
PASSED AND APPROVED this the 1'Sy day of F£oVe'yn be/– , 2022.
Y
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ATTEST:
ROSA RIOS, CITY SECRETARY 1\\\1111111/
,_ait/7 p?a4,
APPROVED AS TO LEGAL FORM:MACK RE[NWAND, CITY ATTORNEYIk&\ /f/ \Wh 1: : ; ;( llN: ToY : : : 5 6 : 2 8BY: J v -05'OO'
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Exhibit A
Legal Description53.681 ACRES
53.681 ACRE TRACT
B.B.B. & C. RR CO. Survey, Abstract No. 141
City of Denton, Denton County, Texas
DESCRIPTION, of a 53.681-acre tract of land situated in the B.B.B. & C. RR CO. Survey,
Abstract No. 141, City of Denton, Denton County, Texas; said tract being part of that tract of land
described in Warranty Deed with Vendor's Lien to the Deeper Life Bible Church, Inc. recorded in
Document No. 2018-15756 and that tract of land described in Warranty Deed with Vendor’s Liento the Deeper Life Bible Church recorded in Document No. 2009-56655, both of the Official
Records of Denton County, Texas; said 53.681 acre tract being more particularly described as
follows (bearing system for this survey is based on the State Plane Coordinate System, North
American Datum of 1983 (Adjustment Realization 2011), Texas North Central Zone 4202.
Distances reported have been scaled by applying the Denton County TxDOT surface adjustmentfactor of 1 .000150630:
BEGINNING, at a 1/2-inch iron rod found in the north right-of-way line of Farm-to-Market
Highway 1173 (F.M. 1173, a variable width right-of-way); said point being the southeast corner
of the first referenced Deeper Life Bible Church, Inc. tract and the southwest corner of that tract
of land described in General Warrant Deed to Westglen Partners, Ltd. recorded in Document No.2015-71907 of said Official Records;
THENCE, in a westerly direction, along the said north line of said F.M. 1173 and the south line
of the first referenced Deeper Life Bible Church, Inc. tract, the following six (6) calls:
North 89 degrees, 48 minutes, 59 seconds West, a distance of 1,408.35 feet to a 5/8-inch
iron rod with "PACHECO KOCH" cap set for an angle point;
North 86 degrees, 55 minutes, 28 seconds West, a distance of 100.16 feet to a 5/8-inch
iron rod with "PACHECO KOCH" cap set for an angle point;
South 89 degrees, 52 minutes, 37 seconds West, a distance of 155.00 feet to a 5/8-inch
iron rod with "PACHECO KOCH" cap set for an angle point;
North 88 degrees, 06 minutes, 30 seconds West, a distance of 242.80 feet to a 5/8-inch
iron rod with ’'PACHECO KOCH" cap set for an angle point;
South 88 degrees, 59 minutes, 00 seconds West, a distance of 99.00 feet to a 5/8-inch
iron rod with "PACHECO KOCH" cap set for an angle point;
North 88 degrees, 05 minutes, 40 seconds West, a distance of 29.00 feet to a wood fence
post found for the southwest corner of the first referenced Deeper Life Bible Church, Inc.
tract and the southeast corner of that tract of land described as Tract Two - A in Warranty
Deed to Evelyn Maria Barthold recorded in Document No. 1994-89284 of said Official
Records;
THENCE, in a northerly direction, along the east line of said Tract Two - A and the west line of
the first referenced Deeper Life Bible Church, Inc. tract, the following two (2) calls:
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North 00 degrees, 1 1 minutes, 58 seconds East, a distance of 853.78 feet to a 1/2-inch
iron rod found for an angle point;
North 00 degrees, 23 minutes, 35 seconds East, at a distance of 698.10 feet passing a
5/8-inch iron rod with ''TxDOT ROW" cap found in the proposed south right-of-way lineof
BaNhold Road (a variable width right-of-way, apparent prescriptive right-of-way at this
point), continuing in all a total distance of 775.54 feet to a point for corner in the southline
of that tract of land described in General Warranty Deed to Arthur Smuck and Kathryn
Smuck recorded in Document No. 2018-61600 of said Official Records; said point being
the northwest corner of the first referenced Deeper Life Bible Church, Inc. tract and thenortheast corner of said Tract Two – A;
THENCE, South 89 degrees, 38 minutes, 02 seconds East, along the said south line of the Smuck
tract and the north line of the first referenced Deeper Life Bible Church, Inc. tract, at a distance of
120.12 feet passing a point for the southeast corner of said Smuck tract and the southwest corner
of that tract of land described as Tract 3 in Special Warranty Deed with Vendor’s Lien to Harlan
Properties, Inc. in Document No. 1999-24422 of said Official Records, continuing long the south
line of said Tract 3 and the said north line of the first referenced Deeper Life Bible Church, Inc.
tract, in all a total distance of 1 ,03 1 .93 feet to a point for the northeast corner of the first referenced
Deeper Life Bible Church, Inc. tract and the northwest corner of that tract of land described in
Warranty Deed with Vendor's Lien to Deeper Life Bible Church, Inc. recorded in Document No.2016- 116825 of said Official Records;
THENCE, South 00 degrees, 14 minutes, 19 seconds West, departing the said south line of Tract
3, along the east line of the first referenced Deeper Life Bible Church, Inc. tract and the west line
of the third referenced Deeper Life Bible Church, Inc. tract, at a distance of 31.17 feet passing a
5/8-inch iron rod with "TxDOT ROW" cap found in the said proposed south line ofBarthold Road,
at a distance of 778.14 feet passing a metal fence post found for the southwest corner of the third
referenced Deeper Life Bible Church, Inc. tract and a reentrant corner of the first referenced
Deeper Life Bible Church, Inc. tract, continuing into the first referenced Deeper Life Bible Church,
Inc. tract, in all a total distance of 974.23 feet to a 5/8-inch iron rod with "PACHECO KOCH" cap
set for corner;
THENCE, South 89 degrees, 41 minutes, 08 seconds East, at a distance of 386.64 feet passing
an east line of the first referenced Deeper Life Bible Church, Inc. tract and a west line second
referenced Deeper Life Bible Church, Inc. tract, continuing into and over the second referencedDeeper Life Bible Church, Inc. tract, in all a total distance of 694.38 feet to a 5/8-inch iron rod
with '’PACHECO KOCH" cap set for corner; said point being in the west line of that tract of land
described General Warranty Deed to Love's Travel Stops & Country Store, Inc. recorded inDocument No. 2018-10900 of said Official Records;
THENCE, South 00 degrees, 10 minutes, 05 seconds West, along said west line of the Love’s
Travel Stops & Country Store, Inc. tract, a distance of 49.52 feet to a 5/8-inch iron rod with
“PACHECO KOCH" cap set for corner; said point being the southwest corner of said Love’s Travel
Stops & Country Store, Inc. tract;
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THENCE, South 89 degrees, 45 minutes, 41 seconds East, along the south line of said Love's
Travel Stops & Country Store, Inc. tract, a distance of 306.25 feet to a 5/8-inch iron rod with "CEI"
cap found for corner in the west line of Lot 1, Block A, Love's Travel Stop Addition, an addition
to the City of Denton, Texas according to the plat recorded in Document No. 2017-23 of said
Official Records and the east line the second referenced Deeper Life Bible Church, Inc. tract; said
point being the southeast corner of said Love's Travel Stops & Country Store, Inc. tract;
THENCE, South 00 degrees, 03 minutes, 30 seconds West, along said west line of Lot 1, Block
A and said east line of the second referenced Deeper Life Bible Church, Inc. tract, a distance of
111.31 feet to a 1/2-inch iron rod with "ESLLC 1869/5627" cap found for the southwest corner of
said Lot 1, Block A and the northwest corner of that tract of land described in General Warranty
Deed with Vendor's Lien to Westglen Partners, LTD recorded in Document No. 2020-14280 ofsaid Official Records;
THENCE, South 00 degrees, 17 minutes, 16 seconds West, along the west line of the second
referenced Westgien Partners, LTD tract and said east line of the second referenced Deeper Life
Bible Church, Inc. tract, at a distance of 1 77.84 feet passing the southeast corner of the second
referenced Deeper Life Bible Church, Inc. tract and the easternmost northeast corner of the first
referenced Deeper Life Bible Church, Inc. tract, and at a distance of 252.81 feet passing a 3/4-
inch iron rod found of the southwest corner of the second referenced Westglen Partners, LTD
tract and the northwest corner of the first referenced Westglen Partners, LTD tract, continuing
along the west line of the first referenced Westglen Partners, LTD tract and said east line of the
first referenced Deeper Life Bible Church, Inc. tract, in all a total distance of 501.71 feet to thePOINT OF BEGINNING;
CONTAINING: 2,338,345 square feet or 53.681 acres of land, more or less.
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