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Z18-0006cS:\Legal\Our pocuments\Ordinances\18�Z18-0006 Fire Station 3.docx �• � � •; : ���• . �•� . � + � � . • .•� . . � � � • '• �• • ' ! � �' # � � • ' •, • . , . . � �; . �, . . . . � . � ' ! � � ' � • . � � � � • ��� � . � . . � � � � � � . . �•" � � � • • � � .. ..� � �. . . . . . # • '� 111 11 •' • � • '' • '' • � � ..,, . . �. !� :t11. WHEREAS, the City of Denton has applied for a zoning change an approximately 1.33 acres of land legally described an�. shown in Exhibnt A(hereinafter, "the Property"); and WHEREAS, an May 23, 201$, the Planning and Zoning Cammission, in compliance with the laws of the State of Texas, has given the requisite notices by publication and otherwise, and has held due hearings and afforded full and fair hearings ta all property owners interested in this regard, and has recarnmended approval [6-0] of the requested change in zoning and use classificatiany and WHEREAS, an June 19, 2018, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and pracedural 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 Cammission and the City Council of the City of Dentan, in considering the application for an initial zoning classificatian af the Property, have determined that the prapased 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 change in zoning is in the public interest and should be granted as set farth herein; NOW THEREFO , . � 1� ;• • 1 '• � ; ���. - 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 zaning district and use classification for the Property is hereby changed ........... from DR-1 District to DC-G District. ,SECTION 3. The City's official zoning map is hereby amended to show the revised zoning district and use classifications herein approved. 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. Effective Date. 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. The motion to ���������w�� this ordinance was made by ���'� �:'���' �� ��� ""�.��'����' and seconded by �°��u,���o� _���`�,� �__ . the ordinance was passed and ��N����r�^��,� ��� t��� li�Vlc�w^������ v��t� ��..�� . �' ."� l� Aye Nay Abstain Absent Chris Watts, Mayor: �,� Gerard Hudspeth, District 1: � Keely G. Briggs, District 2: Don Duff, District 3: � �°�,. John Ryan, District 4: Dalton Gregory, At Large Place 5: �''"� Paul Meltzer, At Large Place 6: � 1'�"���ia:.i7 ��t��.� �1:'l'k�.���'`1;1� ��t� tP�i� ...�.���'��. c����� �:�1' �,�IT�"`���� . "���'I � .. ..,�_ ., �, � � �� �, .w, � � � � �.ti � �'`� ° ����� e� � .....m�_ ------- �m.��- �— �.�.. CHRIS WA"I"`-t'�, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � I � ��� � BY: _ � ,�����.. "�_��� ��� � ... ........ 4� 4�� �a�� APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY _ �.��� m�� �� �� ,d �.. ��� BY: ,.� ��`:: �.. ......... „� � �eemm.m � xiitA Location l��T���an L����� ���w 1 t c tl �� � �� � � � � � � ,� : �a�m..� ' � I � � ' � -- � ; � ; � � , � �� � �� � , , � ' � , �r�.sw�d�r��' � ; � �, , � ; � �, � ����rw� � ; . � � � I �� � ' � � � � � , � ; j � � l � ��� � , � �" �� � �; � �����a� ; � , !� ' , i� 1 , _ �_�.�:in� - , � � � . � �4NI�1���SC� �, � I � � � � 1 � � i'��- �� � � ,W � ��. �� � � � ���� """ � '� � � � ��� , , ' �, r � ; �� � ; } � i ; � � , 1 � ' i — — 1 � i _ � i �� ��� ' - I _ _ �,��,� _ _ caa��u���� �� � �c � �� �i �� i � �! � l � � � � � �� ,, �� � � � �, � ' � � � � l � '� � @����W'�L - �' � � � � � ' I , � � 1���� i , i �� , � � � , i : �ur���� �, � � � � , _ , � . � � _ , � � • �:.;: , LEGAL DESCRIPTION City of Denton Fire Station 3 Zoning Tract BEING a 1.326 acre tract of land situated in the Eugene Puchalski Survey, Abstract Number 996, City of Denton, Denton County, Texas, and being part of that certain tract of land described in a Deed from Woodson A. Harris and wife, Mary M. Harris, to the City of Denton, a municipal corporation, as recorded in Volume 483, Page 163 of the Deed Records of Denton County, Texas, (hereinafter referred to as City of Denton tract), and also being a portion of McCormick Street, a variable width right-of-way, and being more particularly described as follows: BEGINNING at a point for the Northeast corner of the above cited City of Denton tract, said point also being the Northwest corner of a tract of land described in a Deed from W. Herbert Harris and Richard A. Harris to the City of Denton, Texas, as recorded in Volume 463, Page 164 of the Deed Records of Denton County, Texas, said point also being within Avenue A, a variable width prescriptive right-of-way, from which a 1/2 inch iron rod found for the Northeast corner of said tract recorded in Volume 483, Page 164 bears North 89°32'49" East a distance of 75.00 feet; THENCE South 00°09'33" West along the East line of said City of Denton tract and the West line of said tract recorded in Volume 483, Page 164, for a distance of 77.31 feet to a point for corner, from which a 1/2 inch iron rod with cap stamped "KAZ" found on the dedicated Southeasterly right-of-way line of Avenue A per the Minor Plat of Avenue A Addition, as recorded in Document No. 2015-411 of the Plat Records of Denton County, Texas, bears North 43°59'36" East a distance of 36.32 feet; THENCE South 55°28'57" West along the Southeasterly line of said City of Denton tract, for a distance of 322.66 feet to a point for corner within said Avenue A, said point being the most Westerly corner of an easement for street, public utilities and sidewalks conveyed to the City of Denton, Texas, as recorded in Volume 2654, Page 968 of the Real Property Records of Denton County, Texas; THENCE South 89°48'30" West along the South line of said City of Denton tract, for a distance of 36.00 feet to a point for the Southwest corner of same, and being in the East line of McCormick Street; THENCE North 00°10'13" East along the West line of said City of Denton tract and the East line of said McCormick Street, for a distance of 13.26 feet to a point for corner; THENCE North 89°49'47" West departing the West line of said City of Denton tract and the East line of said McCormick Street, for a distance of 19.85 feet to a point for corner within said McCormick Street; THENCE North 00°35'12" West along said McCormick Street, for a distance of 224.18 feet to a point for corner, from which a 1/2 inch iron rod found for the Northeast corner of a called 1.559 acre tract of land described in a Deed from B.M.A.J. Inc, to the City of Denton, as recorded in Document No. 2016-53062 of the Official Records of Denton County, Texas, bears South 88°35'46" West a distance of 22.82 feet; THENCE North 88°35'46" East for a distance of 22.82 feet to a point for corner in the West line of said City of Denton tract and the East line of said McCormick Street; THENCE North 00°10'13" East along the West line of said City of Denton tract and the East line of said McCormick Street, for a distance of 19.96 feet to a point for corner within Underwood Street, a variable width right-of-way, said point being the Northwest corner of said City of Denton tract; THENCE North 69°32'49" East along the North line of said City of Denton tract, and along said Underwood Street, for a distance of 228.45 feet to a point for corner in the dedicated Northeast line of said Underwood Street and the Southwest line of Lot 1, Block A per the Final Plat of Centennial Plaza UNT Addition, as recorded in Cabinet X, Page 585 of the Plat Records of Denton County, Texas; THENCE in a Southeasterly direction, along the Northeast line of said Underwood Street and the Southwest line of said Lot 1, and along a non-tangent cunre to the right having a central angle of 00°18'53", a radius of 128.83 feet, a chord bearing of South 41 °30'51" East, a chord distance of 0.71 feet and an arc length of 0.71 feet to a 1/2 inch iron rod found for corner; THENCE South 38°19'10" East continuing along the Northeast line of said Underwood Street and the Southwest line of said Lot 1, for a distance of 32.74 feet to a 1/2 inch iron rod found for the most Southerly Southwest corner of said Lot 1; THENCE South 87°27'57" East along the North line of said Underwood Street and the most Southerly line of said Lot 1, for a distance of 9.86 feet to a point for the most Southerly Southeast corner of said Lot 1, and being in the Northwest line of said Avenue A; THENCE in a Northeasterly direction, along the Northwest line of said Avenue A and the Southeast line of said Lot 1, and along a non-tangent curve to the left having a central angle of 07°26'32", a radius of 270.00 feet, a chord bearing of North 39°26'01" East, a chord distance of 35.05 feet and an arc length of 35.07 feet to a point for corner in the North line of said City of Denton tract; THENCE North 89°32'49" East departing the Northwest line of said said Avenue A and the Southeast line of said Lot 1, and along the North line of said City of Denton tract, for a distance of 20.16 feet to the POINT OF BEGINNING, and containing 1.326 acres of land, more or less.