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.