2016-306AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING A REZONING FROM
PLANNED DEVELOPMENT 138 (PD -138) DISTRICT TO REGIONAL CENTER
COMMERCIAL NEIGHBORHOOD (RCC -N) DISTRICT ON APPROXIMATELY 3 ACRES,
GENERALLY LOCATED ON THE EAST OF I-35 W, APPROXIMATELY 710 FEET NORTH
OF CRAWFORD ROAD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS,
PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR
VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE. (Z16-0009)
WHEREAS, Chris Franke, on behalf of the property owner, CHP Holdings LLC, has
applied for a zoning change for an approximately 2.823 acre property located at A0994a E. Pizano,
Tr 13, R154914, and legally described in Exliibit A which is attached hereto and incorporated by
reference herein (hereinafter, the "Property"), from a PD -138 zoning district and use classification
to an RCC -N zoning district and use classification; and
WHEREAS, the owner desires to develop a hospital use on the Property and the new zoning
and use classification would make the Property more consistent with adjacent properties, and blend
with the character of the area, while being peculiarly suitable for this use and existing between two
zoning categories in the Future Land Use element of the Denton Plan; and
WHEREAS, on August 10, 2016, 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 September 20, 2016, 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 generally
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 district 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,
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 PD -138 to RCC -N.
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 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 APPROV11"D this tlie,,,&M,, day of 14 1 2016,
CHRIS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPIZQ)VED AS J'O LEGAL FORM:
ANITA BURGS: S, CITY ATTORNEY
BY:
Jwlmtw�- -
LLegr,al Des criptiort
TEXAS, AND BEIMNG . . . . . . . .............. ............. ............
FOLLOWS:
BEGINNING AT A 6 INCH STEEL POST, FOUND AT THE SOUTHEAST CORNER OF
SAID PETRUS INVESTMENT TRACT, BEING THE NORTHEAST CORNER OF THAT
TRACT OF LAND DESCRIBED BY DEED TO CHP HOLDING, LLC, RECORDED IN
INSTRUMENT NUMBER 2015-9374 1, SAID REAL PROPERTY RECORDS;
THENCE N 97053'28"W, 359.50 FEET, WITH THE COMMQN LINE OF SAID PETRUS
INVESTMENT TRACT AND SAID CHP HOLDINGS TRACT, TO A CONCRETE
MONUMENT, FOUND BROKEN IN THE EASTERLY RIGHT-OF-WAY LINE OF
INTERSTATE HIGHWAY 3 5 WEST (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE WITH SAID EASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE
HIGHWAY 35 WEST THE FOLLOWING BEARINGS AND DISTANCES:
1151210,41511,11 iTili I iiiii! i ill :1,11, ii 111
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