Loading...
Z22-0017bORDINANCE NO. 222-O017b AN ORDINANCE OF THE CITY OF DENTON, TEXAS REGARDING A CHANGE IN THEZONING DISTRICT AND USE CLASSIFICATION FROM A RURAL RESIDENTIAL (RR)ZONING DISTRICT TO A LIGHT INDUSTRIAL (LI) ZONING DISTRICT ONAPPROXIMATELY 29.9354 ACRES OF LAND, GENERALLY LOCATED EAST OFLOVERS LANE, APPROXIMATELY 1.808 FEET SOUTH OF THE INTERSECTION OF FM1173 AND LOVERS LANE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDINGFOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONSTHEREOF; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. (222-O017b) WHEREAS, the applicant Thomas Fletcher of Kimley-Horn, on behalf of property owner, Johnsrud Ranch Properties, LLC, has submitted a request to rezone approximately 29.9354 acresof land from a Rural Residential (RR) 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 November 16, 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 December 6, 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 consistentwith 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. Page 1 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 theprovisions 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 thedate of its passage. secondeT;y""i'%ZrB£[i;) Ti"’"'' "’= "’t::rdinak£3aS:jh appr.,.;:: the following vote [b - IE] : Aye 1/ Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 :1/ \/ ,/ Brian Beck, District 2: Jessie Davis, District 3 : VACANT, District 4: Brandon Chase McGee, At Large Place 5 :t/ Chris Watts, At Large Place 6: / P JIIIII\1 S S E 1:) JrE11SL ][\1F 1:1} ]rE11\ P PROVED this the UK day of UP CPMhIP ? 2022 T miD HUDSPO Page 2 ATTEST: ROSA RIOS, CITY SECRETARY A\\tlllllfl/ APPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY Ihh\dr \Ath 1: : ; : 11b: :lg; R : : 1 3 : 1 2BY: J v -06'OO‘ Page 3 Exhibit A PROPERTY DESCRIPTION BEING a tract of land situated in the James Harley Survey, Abstract No. 615, Denton County, Texas and being all of Tracts 19 and 20 of Little Brook Estates, recorded in Volume 489. Page 269 of the Deed Records of Denton County, Texas; also being all of a called 29.94 acre tract of land in General Warranty Deed to Denton Lovers Lane, LLC, recorded in Document Number 2022- 112000 of the Official Public Records of Denton County, Texas and being particularly described as follows: BEGINNING at a 4-inch by 4-inch concrete monument found in the East right-of-way line of Lovers Lane (a 60 foot wide right-of-way), being the Southwest corner of Lot 34, of Little Brook Estates, Unit No. 2, as recorded in Volume 3, Page 5 of the Plat Records of Denton County, Texas, also being the Northwest corner of said Tract 19, from which a 4-inch by 4-inch concrete monument found at the Northwest corner of said Lot 34 bears North 00'’01’ 15” East, a distance of 358.56 feet; THENCE South 89'’47’21 " East, leaving the East right-of-way line of Lovers Lane, along the Southline of said Lot 3 and the North line of said Tract 19, a distance of 95 1.60 feet to a 1/2-inch iron rod with green plastic cap stamped “EAGLE SURVEYING” found in the West line of a Tract Il – 57.663 acre tract of land conveyed to Westview Commercial, LP, by deed recorded in Document Number 2006- 119845 of the Official Public Records of Denton County, Texas, also being the Southeast corner of said Lot 34 and being the Northeast corner of said Tract 19; THENCE South 00c)25'07’' West, along the East line of said Tract 19 and along the west line of said 57.663 acre tract and the West line of a called 345.47 acre tract of land conveyed to Baker 345. LLC and RM Squared Denton, LLC by deed recorded in Document Number 2021-114014 of the Official Public Records of Denton County, Texas a distance of 684.75 feet to a 4-inch by 4-inch concrete monument found at the northeast corner of said Tract 20, being the Southeast corner of said Tract 19; THENCE South 00'’17’11" West, along the West line of said 345.47 acre tract and said Tract 20, a distance of 687.65 feet to a 4-inch by 4-inch concrete monument found at the Northeast corner of Tract21 of said Little Brook Estates, being the Northeast corner of a 14.947 acre tract of land conveyed to Larry and Shirley Green by deed recorded in Document Number 97-R0020960 of the Official Public Records of Denton County, Texas, also being the Southeast corner of said Tract 20; THENCE South 89'’57'4 1 " West, along the South line of said Tract 20 and the North line of said Tract 21 and the North line of a 2.100 acre tract of land conveyed to Rrahim and Nadire Isufi by deed recorded in Document Number 2020-20960 of the Official Public Records of Denton County, Texas, a distance of 946.66 feet to a 1/2-inch iron rod with unreadable yellow plastic cap found in the Eastright-of-way line of Lover’s Lane, being the Northwest corner of said Tract 21 and said 2.100 acre tract, and the Southwest corner of said Tract 20; THENCE North 00'’08'46" East, along the East right-of-way line of Lover’s Lane and the west line of said tract 20, a distance of 687.25 feet to a 4-inch by 4-inch concrete monument found at theNorthwest corner of said tract 20 and the Southwest corner of said tract 19; Page 4 THENCE North 00'’08'46" East, along the East right-of-way line of Lover’s Lane and the west lineof said tract 19, a distance of 689.26 feet to the POINT OF BEGINNING and containing 1,303,985 square feet or 29.9354 acres of land. Page 5