Loading...
2015-235sAlegal \our docurnents\ordinances\15\z15 ®0018 ordlnance.docx ORDINANCE NO. - 2015 -235 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A CHANGE IN THE ZONING CLASSIFICATION FROM A NEIGHBORHOOD RESIDENTIAL 2 (NR -2) ZONING DISTRICT AND USE CLASSIFICATION TO A COMMUNITY MIXED USE (CM- G) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 1.7 ACRES OF LAND GENERALLY LOCATED ON THE EAST SIDE OF NORTH BONNIE BRAE STREET, APPROXIMATELY 475 FEET NORTH OF WEST UNIVERSITY DRIVE (U.S. 380) IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICAL 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 -0018) WHEREAS, SSR Group L.P. has applied for a zoning change on approximately 1.7 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from a NR -2 zoning district and use classifications to a CM -G zoning district and use classification; and WHEREAS, on July 8, 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 (5 -0) of the change in zoning district and use classification; and WHEREAS, on August 4, 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; and 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. SECTION 2. The zoning district and use classification for the Property is hereby changed from NR -2 to CM -G. SECTION 3, The City's official zoning map is hereby amended to show the change in the zoning district and use classification. SECTIONm 4m, 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 prior 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY ar:�p;n i day of z ad" , 2015. CHRIS WATT S, MAYOR Exhibit A Legal Description STATE OF TEXAS COUNTY OF DENTON SITUATED In the City of Denton and being a tract of land in the ROBERT BEAUMONT SURVEY, Abstract No. 31, and being a portion of that certain tract conveyed to said City of Denton by deed recorded In Volume 647, Page 245, of the Denton County Deed Records, and said portion being more fully described as follows: BEGINNING at an "RPLS 1640" capped 5 /811ron rod found In place for the northeast comer of that cerlaln right-of-way for Bonnie Broe Drive conveyed to said City of Denton by Instrument recorded under Denton County Clerk's no No. 2009-3362, said point being also in the southerly line of said City of Denton tract and the northerty line of that certain tract conveyed to SSR Group by instrument recorded under Clerk's File No. 2013- 125701; THENCE North 0 degrees, 34 minutes, 55 seconds East with the present east line of sold Bonnie Brae Drive, across a portion of said City of Denton tract, 264.58 feet to an "RPLS 1640" capped 5/8" Iron rod set for comer, THENCE South 44 degrees, 25 minutes, 05 seconds East, departing said east line of Bonnie Brae Street, crossing a portion of said City of Denton tract, 14.14 feet to an angle point, from which point an "RPLS 1640" capped 5/8" Iron rod set for reference bears North 87 degrees West, 1.11 feet; THENCE continuing across said City of Denton tract, the following courses and distances: South 89 degrees, 25 minutes, 05 seconds East, 10.0 feet to an "RPLS 1640" capped 5/8" iron rod set for the beginning of a curve whose center bears South 0 degrees, 34 minutes, 55 seconds West, 190.0 feet; easterly with said curve, a distance of 45.36 feet to an "RPLS 1640" capped 5/8" Iron rod set for the end of said curve; South 75 degrees, 45 minutes, 30 seconds East, 32.30 feet to an "RPLS 1640" capped 5/8" Iron rod set for the beginning of a curve whose center bears North 14 degrees, 14 minutes, 30 seconds East, 200D feet; easterly with said curve, a distance of 90.98 feet to an "RPLS 1640" capped 5/8" iron rod set for the end of said curve; North 78 degrees, 11 minutes, 30 seconds East, 44.03 feet to the beginning of a curve whose center bears South 11 degrees, 48 minutes, 30 seconds East, 1500.0 feet; easterly with said curve, a distance of 329.06 feet to the end of said curve; South 89 degrees, 14 minutes, 20 seconds East, 42.06 feet to a point In the southerly line of said City of Denton tract and the northerly line of that certain tract conveyed to the SSR Group, LP, by deed recorded under County Clerk's File No. 20113- 125702; 71-JENCE South 65 degrees, 07 minutes„ 15 seconds W'ost with sold southerly line of City of Denton tract and northerly line of said SSR Group tract described' In Instrument In Clerk's Hie No. 2013-125702 and' continuing with the northerly line of sold SSR Group tract described in Instrument In Clerk's File No.. 2013- t25701, In all 662.45 feet to the PLACE OF BEGINNING, and containing 1.6598 acres (72,302 square feet).