Z22-0019bORDINANCE NO. 222-O019b
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING AN INITIAL ZONRVGDISTRICT AND USE CLASSIFICATION OF LIGHT INDUSTRIAL (Ll) ZONING DISTRICTON APPROXIMATELY 18.6 ACRES OF LAND, GENERALLY LOCATED ON THE
NORTHEAST CORNER OF US 380 (UNIVERSITY DRIVE) AND THOMAS EGAN ROAD,IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENTTO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THEMAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDrNG A
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (222-O019b)
WHEREAS, the applicant Justin Toon of IR2 Holdings LLC, on behalf of the property
owner, John Clint Riley, has submitted a request to initially zone approximately 18.6 acres of land
to a Light Industrial (Ll) Zoning District, legally described in Exhibit “A”, attached hereto and
iricorporated herein by reference (hereinafter, the “Property”); and
WHEREAS, on February 15, 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 had a tied vote that did not result in a recommendation of the request; and
WHEREAS, on March 1, 2023, the Planning and Zoning Commission held a second
meeting to consider the request, in compliance Section 2.3.3B.4a of the Denton Development
Code, that states that after closing the Planning & Zoning Commission public meeting or public
hearing on any non-subdivision application, should a majority of voting Planning and Zoning
Commissioners fail to recommend either approval or denial of the non-subdivision application, or
approval of a modified non-subdivision application, city staff is directed to place the matter for
vote on the next available Planning and Zoning Commission agenda as an item for individual
consideration, and have recommended approval [4 - 3] of the request; and
WHEREAS, on March 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 an initially zone 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 ORD AINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
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SECTION 2. The zoning district and use classification for the Property is hereby zoned as
Light Industrial (LD Zoning 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
shaH 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.
„„,d,T£ymoPC. T:Tp"=!!#!dinance "as m%: INI,,'„::a pI!:il,sUb,,, /::
the following vote U - a]:
Aye
,/
,/
U/
L/
Nay Abstain Absent
Gerard Hudspeth, Mayor:
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:
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PASSED AND APPROVED this the -1 tk day of March . 2023.
mFA–fmmb
ATTEST:
ROSA RIOS, CITY SECRETARY \\\11111111Da
:
+gBP iAPPROVED AS TO LEGAL FORM:MACK REINWAND, CITY ATTORNEY
IEW\'@ gi;;roy?o92ronBY. J 15:56:47 -06'oo'
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Exhibit A
Legal Description18.6 ACRES
BEING an approximate 18.6-acre tract of land out of the Seferino Huizar Survey, Abstract
Number 5 14, situated in Denton County, Texas, being a portion of a called 28.16-acre tract of land
conveyed to Industrial Reserve, LLC, by deed of record in Document Number 2022- 10867 of the
Official Records of Denton County, Texas, and being more particularly described by metes andbounds as follows:
BEGINNING at a 1/2” iron rod found at or near the centerline of Thomas J. Egan Road, being theNorthwest corner of said 28.16 acre tract, and being the Southwest corner of a tract of land
conveyed to Vickie Murdock by deed of record in Document Number 2004-80900 of said OfficialRecords. from which a PK nail found at the Northwest corner of said Murdock tract bears
N00'’ 11 '40"E, a distance of 1 090.63 feet;
THENCE, S89'’48'36"E, leaving Thomas J. Egan Road, along the North line of said 28.16 acre
tract, being the common South line of said Murdock tract, a distance of 996.87 feet to a 1/2” ironrod with green plastic cap stamped “EAGLE SURVEYING” set at the Northeast corner of said
28.16 acre tract, being the Northwest corner of a tract of land conveyed to Preston M. East, II bydeed of record in Document Number 20 1 1-122 107 of said Official Records;
THENCE, S00'’23’47’'W, leaving the South line of said Murdock tract, along the East line of said
28.16-acre tract, being the common West line of said Preston M. East, 11 tract, a distance of 838.75
feet;
THENCE, leaving the West line of said Preston M. East, II tract, over and across said 28.16-acre
tract, the following three (3) courses and distances:
1. N87'’52’00’'W, a distance of 24.70 feet;
2. N87'’07'44'’W, a distance of 668.84 feet;
3. N85'’00'02"W, a distance of 302.18 feet to a point at or near the centerline of Thomas J.
Egan Road, being the common West line of said 28.16-acre tract;
THENCE, N00'’ 11’40"E, along or near the centerline of Thomas J. Egan Road and the common
West line of said 28.16-acre tract, passing at a distance of 256.44 feet a PK nail found and
continuing a total distance of 781.29 feet to the POINT OF BEGINNING, and containing an area
of 1 8.6 acres (810,372 square feet) of land, more or less.
Bearings are based on GPS observations utilizing the AlITena RTK Network. North American
Datum of 1983 (Adjustment Realization 201 1).
This document was prepared under 22 Texas Administrative Code §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
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property except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared.
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