Z18-0023bs:\Lega1\0ur Docurnents\Ordiriances\19\0dinarice ZIS -0023 past meeting rev ision,docx
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE
ZONING DISTRICT AND USE CLASSIFICATION FROM REGIONAL CENTER
COMMERCIAL DOWNTOWN (RCC-D) DISTRICT TO EMPLOYMENT CENTER
INDUSTRIAL (EC -I) DISTRICT WITH OVERLAY CONDITIONS, ON APPROXIMATELY
8.7 ACRES OF LAND, AND A CHANGE IN THE ZONING DISTRICT AND USE
CLASSIFICATION FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-
N) DISTRICT TO EMPLOYMENT CENTER INDUSTRIAL (EC -I) DISTRICT WITH
OVERLAY CONDITIONS, ON APPROXIMATELY 7.7 ACRES OF LAND, ALL OF WHICH
IS GENERALLY LOCATED AT THE NORTHWEST CORNER OF WORTHINGTON DRIVE
AND SCHUYLER STREET IN IN THE CITY OF DENTON, DENTON COUNTY, TEXAS;
ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE. (Z18-0023)
WHEREAS, Aimee Bissett., has applied for a zoning change on approximately 16.4 acres
of land legally described in Exhibit "A", attached hereto and incorporated herein by reference
(hereinafter, the "Property"); and
WHEREAS, on January 9, 2019, 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 duly held full and fair hearings to all citizens and property owners interested in this
regard, and have recommended approval 7-0 of the change in zoning district and use classification;
and
WHEREAS, on February 5, 2019, 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 ml . 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 the mmmRegional Center Commercial Neighborhood (RCC-N) and Regional Center Commercial
Downtown (RCC-D) Districts to the Employment Center Industrial (EC-1) District, with the
following overlay conditions:
1. Electric Substations and Switch Stations, Craft Alcohol Production, and Kennels
are not permitted uses.
2. A Type-C Buffer is required between any new private improvements and the west
property boundary. A Type C Buffer is a fifteen (15) foot planted strip that includes
a combination of six (6) evergreen and deciduous trees and twenty (20) shrubs per
one hundred (100) linear feet.
3. Engines on parked tractor trucks may not be allowed to idle for more than one
hour at a time.
SF"C"1°ION 3. The City's official zoning map is hereby amended to show the change in the
zoning district and use classification.
F"IC TIO 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
remaining provisions or applications, and to this end the provisions of this ordinance are severable.
S[;^,(".I'lt. N 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 limited purpose.
SF,C 111 . 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 is ordinance was made b .'__ and
-------
seconded motion to approve
. `� the ordinance was
..............
PP Y
y passed and
approved by the followmeote [ - 1:
Aye [day Abstain Absent
Chris Watts, Mayor: ............�.............
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2: V/ ................
Don Duff, District 3: V
John Ryan, District 4:
Deb Armintor, At Large Place 5:--..,.,w
Paul Meltzer, At Large Place 6:
PASSED AND APPROVED this the _ �� day of2019.
CHRIS WATTS, MAYOR
ATTEST:
RACHEL WOOD, INTERIM CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:/s/Jerry„E. G:i� Tr
1 Big Eljj�
BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE
JB.B.B. AND C.R.R. COMPANY SURVEY, ABSTRACT NUMBER 141 IN THE CITY OF
DENTON, DENTONCOUNTY,•
WIFE,TRACT OF LAND CONVEYED BY DEED FROM JON WENDELL MARSHALL AND
I#UELYN LOUISE MARSHALL TO ROYCE G. HULL AND WIFE, JANIE M.
HULL, TRUSTEES RECORDED IN VOLUME 990, PAGE 183, DEED RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON ROD FOUND FOR CORNER IN THE EAST LINE OF THE AN,
• S.F. RAILROAD COMPANY RIGHT-OF-WAY,SAID POINT
NORTHWEST#' ' OF OF ! BLOCK A OF • #
ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, ACCORDING TO
THE PLAT THEREOF RECORDED IN CABINET U, PAGE 772, PLAT RECORDS,
DENTON COUNTY,
1 SAID EAST LINE OF • RAILROAD
' • TO AN IRON ROD FOUND FOR CORNER,SAID POINT BEING THE
UNDERSOUTHWEST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED BY DEED
FROM DAVID ANGEL AND JULIE ANGEL TO MATTHEW G. TURNER RECORDED
DOCUMENT NUMBER 2008-108672,PROPERTY •' • DENTON
COUNTY,
THENCE S 9.: .9 FEET WITH THE SOUTH LINE OF It TURNER
CONCRETE
THENCE S 901 ! TO AN IRON'•D SET FORCORNER IN THE WEST
LINE OF • WORTHINGTON DRIVE;
•' Le No 10 I ' • ' • ! Ill • • '' 1N
' • i •N'
' • • • • #
:*' ' 11 1••IN•' NAM #
Tract 2:
Being Lot 4, Block A, of Hull Addition, an Addition to the City of Denton, Denton County,
Texas, according to the Plat thereof recorded in Cabinet U, Page 772, Plat Records, Denton
County, Texas.