2016-331••� • 1resm
WHEREAS, the Catholic Diocese of Fort Worth, applicant and property owner, has applied
for a zoning change for three parcels of land consisting of approximately 0.87 acres and legally
described as all of Lots 2, 3, and 4, Block 1 of the F.M. Darnall Addition, E. Puchalski Survey,
Abstract 996, more commonly known as 907, 909, and 911 McCormick, Denton, Texas
(hereinafter, the "Properties");
WHEREAS, the Properties are currently zoned as a Downtown Residential -1 (DR -1)
zoning district and use classification, and the applicant desires to rezone the Properties to a
Downtown Residential -2 (DR -2) zoning district and use classification; and
WHEREAS, on September 14, 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 (6-0) of the change to a DR -2 zoning district and use
classification on the Properties; and
WHEREAS, on October 18, 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 state law,
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 Properties,
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 i
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 Properties are hereby
changed from Downtown Residential I (DR -1) to Downtown Residential 2 (DR -2).
SECTION 3. The City's official zoning map is hereby amended to show the change in the
zoning district and use classification for the Property.
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 APPROVED this the day of Ck))3 2016.
CHRIS X1 '1"S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: A
APPR ED ATO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY