2017-325S:\LegahOur Documents\Ordinances\l7\z 17®0017 Ordinance.docx
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WHEREAS, Space Garage Limited Partnership has applied for a zoning change on
approximately 0.54 acres of land legally described and depicted inExhibit A;, attached hereto and
incorporated herein by reference (hereinafter, " the Property") from a NRMU zoning district and
use classification to a CM -G zoning district and use classification; and
WHEREAS, on September 13, 2017, 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 [4-0] of the change in zoning district and use
#
THEREFORE,WHEREAS, on October 17, 2017, 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
1enton, 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
*f the opinion and finds that said zoning change is in the public interest and should be granted as
set forth herein; NOW
THE COUNCII 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
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 WbyWprior 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 12 day of n(~ D L-QK , 2017.- - - -----
Cl .�� ATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �... ........
Al PPI VEDAS
C"O LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
Exhibit A
Property A Legal Description and Site Location Map
All that certain lot, tract or parcel of land lying and being situated in the City of Denton, Denton County, Texas and being the
portion lying within the approximate City Limits of Lot 1, Block A, Denton Creek Business Park, Phase 1, according to the plat
recorded In Cabinet X, Page 484, Plat Records, Denton County, Texas and being more fully described by metes and bounds
as follows;
BEGINNING at a capped iron rod found in the East line of Old Alton Road, same being the Northwest corner of said Lot 1;
THENCE North 89 degrees 04 minutes 55 seconds East, 140.61 feet t a capped iron rod found at the Northeast corner of
said Lot 1;
THENCE South 00 degrees 03 minutes 53 seconds East, 152.26 feet to a point in the approximate South line of the Denton
City Limits line;
THENCE along said South line and along a curve to the right whose long chord bears North 82 degrees 38 minutes 33
seconds West, 195.97 feet and whose radius is 1342.65 feet and an arc length of 196.15 feet to a point in the East line of
said Old Alton Road;
THENCE along said East line and along a curve to the left whose long chord bears, North 25 degrees 27 minutes 28 seconds
East, 68.29 feet and whose radius is 436.50 feet and an arc length of 68.36 feet to a capped iron rod found at the P.T. of said
curve;
THENCE continuing along said East line, North 20 degrees 58 minutes 16 seconds East, 67.75 feet to the PLACE OF
BEGININNG and containing 0.54 of an acre of land more or less;
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20' SANITARY SEWER EASEMENT PER PLAT
M VOL 4905, PG. 449
R.R:,D.C.T.
CAPARF �' (CM)
"KAZ" N 89-04-55" E 140.61' CAP/IRF
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EASEMENT
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VOL. 4880, PG, 1324 / VOL,
Cit
4912, PG. 831
VOL. 4880, PG. 1373
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A TRACT OF LAND DESCRIBED
D.R.D.C.T.
IN A DEED TO BRIDLE PATH
23,741.00 SQ.FT
SIX
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PARTNERS. LTD,
0,54 ACRES
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4933, PG. 2193
A PART OF
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R.P.R.D.C.T.
LOT 1
BLOCK A
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i- C!,
ON
( 'r� p
11- LAT) POINT
REMAINDER OF LOT 1
.. . . ..... .
LOT 6
LOT 2
CURVE RADIUS ARC LENGTH DELTAA�NGLEq�DR'DOEARING
C1 1342 66 P®, 19G ii'l .... . ... . ..... 1_0,tIORD LENGTH �7
V2,2'1 3" 195.97'
436 50 88.36'
8 58'21"5 'I'Y
C2
N 2 '27-28- E 68.29'
....... .. .. ...
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LEGEND
POWER POLE
-4- = FIRE HYDRANT
M = WATER VALVE
0 = BURIED CABLE SIGN U R'q i,
ag = TRAFFIC SIGNAL CONTROLS
B L = BUILDING LINE
U E =UTILITY EASEMENT
SWE = SIDEWALK EASEMENT 1720 WESTMINSTER
POB = POINT OF BEIGINNING DENTON, TX 76205
cm = CONTROLING MONUMENT
= OVER -HEAD UTILITIES (940)382-3446
= ASPHALT JOB NUMBER 07004"5 d)4
= CONCRETE DRAWN BY MMF
_RATE: 8-W-2017
0 SURVEYI
4 R P1,E
NG
KENNETH A. ZOLLINGER
PAGE 2 OF 2 0 20 40 TX FIRM REGISTRATION # 10D02100