Z22-0005aORDINANCE NO. 222-0005a
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AN INITIAL zoNnqG
DISTRICT AND USE CLASSIFICATION OF LIGHT INDUSTRIAL (LI) ZONING DISTRICTON APPROXIMATELY 82.96 ACRES OF LAND, GENERALLY LOCATED ON THENORTH SIDE OF BARTHOLD ROAD APPROXIMATELY 1,300 FEET WEST OFINTERSTATE 35 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING ANAMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTYIN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (222-0005a)
WHEREAS, the applicant, Aimee Bissett of 97 Land Company LLC, on behalf of the
property owner, Harlan Property. Inc., has submitted a request to initially zone approximately
82.96 acres of land to a Light Industrial (Ll) Zoning District, legally described in Exhibit “A”,
attached hereto and incorporated herein by reference (hereinafter, the “Property”); and
WHEREAS, on January 11, 2023, 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 February 7, 2023, 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 zoned asLight 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 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 ordinanceis 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.
The motion to approve this ordinance was made by Efta,. Bec k andseconded by Vick : nrr J , the or) d by
the following vote K - a :
Aye Nay Abstain Absent
Gerard Hudspeth, Mayor:IZ
7
./
/
Vicki Byrd, District 1 :
Brian Beck. District 2:
Jessie Davis, District 3 :
VACANT, District 4:
Brandon Chase McGee,
At Large Place 5 :/
/Chris Watts, At Large Place 6:
PASSED AND APPROVED this the 7 ’"day of nb'-'r y ' 2023.
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\\\t 1111111
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ATTEST:
ROSA RIOS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:MACK RE[NWAND, CITY ATTORNEYHilary Negron
2023.01.31
10:50:09 -06'OO'
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Exhibit A
Legal Description82.96 ACRES
BEING a tract of land situated in the S. L. Johnson Survey, Abstract No. 683, Denton County,
Texas, and being a portion of Tract 1 (called 294.026-acres) and a portion of Tract 3 (called 86.132--
acres), described in a Warranty Deed to Harlan Properties, Inc., as recorded in Volume 4296, Page
1246 of the Official Records of Denton County, Texas, and being more particularly described bymetes and bounds as follows:
BEGINNING at the southeast corner of said Tract 3 (called 86.132-acres), same being the
southwest corner of a called 20.9980-acre tract of land, described in a Special Warranty Deed toBlue Beacon International, Inc., as recorded in Instrument No. 2017-101448 of the Official
Records of Denton County, Texas, same also being in Barthold Road, an apparent public use right
of way, no record found, same also being on the current city limit line of the City of Denton;
THENCE North 89'’37’20" West, along the southerly line of said Tract 3 (called 86.132-acres) and
said Barthold Road, along the current city limit line of the City of Denton, a distance of 1 ,305.82
feet to the southwest corner of said Tract 3 (called 86.132-acres), same being the southeast corner
of a called 7.873-acre tract of land, described in a General Warranty Deed to Arthur Smuck and
Kathryn Smuck, as recorded in Instrument No. 2018-61600 of the Official Records of Denton
County, Texas;
THENCE North 00'’52'15" East, departing said Barthold Road, along the westerly line of said
Tract 3 (called 86.132-acres), the easterly line of said 7.873-acre tract, and continuing along the
current city limit line of the City of Denton, a distance of 467.94 feet to the northeast corner ofsaid 7.873-acre tract;
THENCE North 00'’57'32" East, along the common line of said Tract 1 (called 294.026-acres) and
said Tract 3 (called 86.132-acres), at a distance of 1,944.17 feet passing the most westerly
northwest corner of said Tract 3 (called 86.132-acres) and an interior ell corner of said Tract 1
(called 294.026-acres), and continuing crossing said Tract 1 (called 294.026-acres) for a total
distance of 2,229.72 feet to a point for corner;
THENCE North 77'’30'39" East, crossing said Tract 1 (called 294.026-acres) and said Tract 3
(called 86.132-acres), a distance of 1,300.11 feet to a point for corner on the easterly line of said
Tract 3 (called 86.132-acres), same being on the westerly line of the remainder of a called 76.500
acre tract of land, described in a Special Warranty Deed to New Farms, LLC, as recorded in
Instrument No. 2010-108304 of the Official Records of Denton County, Texas, same also being
on the current city limit line of the City of Denton;
THENCE South 00'’09'11" West, along the easterly line of said Tract 3 (called 86.132-acres), the
westerly line of said remainder of called 76.500-acre tract, and the westerly line of a called 30.00-
acre tract of land, described in a Special Warranty Deed to Primoris Services Corporation, as
recorded in Instrument No. 2020-1570440 of the Official Records of Denton County, Texas, and
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the westerly line of Lot 1, Block A of 1-35 Warehouse Addition, an addition to the City of Denton,
according to the Final Plat, recorded in Document No. 2021-351 of the Plat Records of Denton
County, Texas, continuing along the westerly line of said Lot 1 and along the current city limitline of the City of Denton, a distance of 1,755.65 feet to the northeast corner of a called 1.00-acre
tract of land, described in a deed to Eagleridge Midstream, LLC, as recorded in Instrument No.
2018-70841 of the Official Records of Denton County, Texas;
THENCE North 89'50'49" West, along the northerly line of said 1.00-acre tract and along thecurrent city limit line of the City of Denton, a distance of 148.62 feet to the northwest corner ofsaid 1.00-acre tract;
THENCE South 00'09'11" West, along the westerly line of said 1.00-acre tract and along thecurrent city limit line of the City of Denton, a distance of 290.40 feet to the southwest corner ofsaid 1.00-acre tract;
THENCE South 89'’50'49" East, along the southerly line of said 1.00-acre tract and along the
current city limit line of the City of Denton, a distance of 148.62 feet to the southeast corner of
said 1.00-acre tract, same being on the easterly line of said Tract 3 (called 86.132-acres), and the
westerly line of said 1-35 Warehouse Addition;
THENCE South 00'’09’11" West (bearing basis), along the easterly line of said Tract 3 (called
86.132-acres), the westerly line of said said 1-35 Warehouse Addition, passing the southwest
corner of said said 1-35 Warehouse Addition and the northwest corner of Lot 1, Block A of Blue
Beacon International Addition, an addition to the City of Denton according to the Final Plat,
recorded in Document No. 2019-171 of the Plat Records f Denton County, Texas, and continuing
along the current city limit line of the City of Denton, a total distance of 941.02 feet to a point for
corner; to the POINT OF BEGINNING and containing 82.96 acres of land, more or less.
This document was prepared under 22 TAC §138.95, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of thepolitical subdivision for which it was prepared.
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