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2015-168sAlegal\our documents \ordinances \15\x1 5- 0003.docx ORDINANCE NO. 2015-168 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING CLASSIFICATION FROM A REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC -D) ZONING DISTRICT AND USE CLASSIFICATION TO AN EMPLOYMENT CENTER INDUSTRIAL (EC -I) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 6.46 ACRES OF LAND GENERALLY LOCATED ON THE SOUTHEAST CORNER OF WORTHINGTON DRIVE AND SCHUYLER STREET 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 $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15- 0003) WHEREAS, Lee Allison, has applied for a zoning change on approximately 6.46 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from a Regional Center Commercial Downtown (RCC -D) zoning district and use classification to an Employment Center Industrial (EC -I) zoning district and use classification; and WHEREAS, on May 6, 2015, 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 change in zoning district and use classification; and WHEREAS, on June 2, 2015, 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 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , have determined that the proposed use 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. SECTIONm „� S 2. The zoning district and use classification for the Property is hereby changed from Regional Center Commercial Downtown (RCC -D) to Employment Center Industrial (EC -I). SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district and use classification. 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 ordinance is violated shall constitute a separate and distinct offense. SECTION 6. That an offense committed before the effective date of this ordinance is governed by pr '...._._..... rior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. 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. PASSED AND APPROVED this the 2 day of � � .......... �, 2015, ATTEST: JENNIFER WALTERS, CITY SECRETARY BYE Al l�.� )VED ," TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY d WATTS, MAYOR Exhibit A Legal Description STATE OF TEXAS COUNTY OF DENTON Whereas, the subject tract being more particularly described as follows: BEGINNING from the Northeast Corner of the tract being described herein, at the Northeast Corner of the said 6.4586 acre tract in the North Line of Schuyler Road and the East line of the said survey: THENCE South 89 Degrees 28 Minutes 13 Seconds West with the North line of said 6.4586 acre tract for a distance of 250.04 feet: THENCE South 00 Degrees 29 Minutes 22 Seconds West with the West line of said 6.4586 acre tract for a distance of 1124.68 feet: THENCE North 89 Degrees 28 Minutes 13 Seconds East with the South line of said 6.4586 acre tract for a distance of 250.04 feet: THENCE North 00 Degrees 29 Minutes 22 Seconds East with the East line of said 6.4586 acre tract for a distance of 1124.68 feet to the PLACE OF BEGINNING and enclosing 6.4586 acres of land.