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ZCI19-0002aS:\Y.��;a1tClur I:7acumentst�lydina�rcestl9\7..C`➢1 �3-Q602 •' � � • • 111 . � •�r , • t � � . . • r � . � . . � �� . • � • . �• • � � • • •�� r•� � � � , � . . • � r � � �+� • � •� •� �. � . � . ; �� , ... � . , . . � . � ., � . � � � .� . .. .�.� . � �. � • � • � • • . . � � . � .. ..• � •• , , , , . • • �, �� •• • • • � • �� r •� �•: � � �: � r � � �� WHEREAS, the City of Denton is initiating a change in the zoning district and use classificatian from Regional Center Commercial Downtown (RCC-D) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA1$-0009q) on approximately 35.61 acres of land legally described in Exhibit "A" and generally depicted in the map in Exhibit "B", both of which are attached hereto and incorporated herein by reference (hereinafter, 66the Property99); and WHEREAS, an May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, after giving the requisite natices by publication and otherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recommended approval 6-0 of the change in the zaning district and use classificatian; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upan cansideration, the City Cauncil hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Develapment Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zaning Commissian and the City Cauncil, in cansidering the change in the zaning district and use classifcation, have determined that the prapased change is in the best interest of the health, safety, morals, and general welfare of the City of Denton and its citizens; and WHEREAS, the City Cauncil of the City af Dentan finds that the change in the zaning district and use classification shauld be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONww_lw, The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTIONmIT2. The zaning district and use classification far the Property is hereby changed from the Regional Center Residential 1(RCR-1) to a Highway Corridor (HC) zoning district and use classification defined by the 2019 Denton Development Cade (Ordinance DCA18-0009q). SECTION 3. The City's official zoning map is hereby amended to show the zoning district and use classification. SECTION 4. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00 for each violation. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. The penal provisions imposed under this Ordinance shall not preclude Denton from filing suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall affect the validity of the provisions or applications, and to this end the provisions of this ordinance are severable. 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 take effect on October 1, 2019, a date more than 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 ��,�� rda�� aa� �m��sm��a�� w r��de bY ,��`` ��°`�� x '"�� and ��_� _ _�� seconded by ,� � n� ��' �� ,tl � � the ordinance was ��i;��I and approved by �'I��, lca�lr��ii��; vc�R.�, C �'�,,, ��%1 � _ Ave Nav Abstain Absent Chris Watts, Mayor: �,r'` Gerard Hudspeth, District 1: �� Keely G. Briggs, District 2: � Jesse Davis, District 3: � John Ryan, District 4: �'� Deb Armintor, At Large Place 5: �` Paul Meltzer, At Large Place 6: �"�n PASSED AND APPROVED this the ��'�� ,___ day of 1�"�r�� 2019. .. ..__ � ATTEST: ROSA RIOS, CITY SECRETARY � � } , � BY �� . �� ,�� . APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY .. ., �... »..,� r Tr c TPrry �., T�raka, .. ...... .........�..�...... ,,W � � �� ' .�o��. �� CHRIS WA � ��°"��`�, uwi�.�YOR _ � � � .��...� � ,,� ��. � .�,�� "�� ` � "e,� V � M,� �� ; � �� .�� 1. Being Lot 1, Block A, Eckert Hyundai Addition as recorded by Instrument No. 2008-135207, Plat Records, Denton Caunty, Texas. And being the same property addressed at 4011 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 38852. 2. Being Lot 2, Block 1, Nationwide Housing Addition as recorded by Instrument No. 2003- 50388, Plat Records, Denton County, Texas. And being the same property addressed at 3939 S I35E Dentan, Texas, is commonly known as DCAD Proper^ty ID No. 255437. , 3. Being Lot 1, Block A, House Smart Addition as recorded in Cabinet U, Page 464, Plat Records, Denton Caunty, Texas. And being the same property addressed at 3550 Pockrus Page Rd. Denton, Texas, is commonly known as DCAD Property ID No. 245161. 4. Being Lot lAl, Block 1, Nationwide Housing Addition as recorded by Instrument No. 2005- 70510, Plat Records, Denton County, Texas. And being the same property addressed at 4001 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 282693. 5. Being all that certain lot, tract or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330 in the City of Denton, Denton Caunty, Texas, being all that certain tract af land conveyed by deed from North Dallas Brokers, Inc. to Denton I-35 Partnership recorded in Volume 4500, Page 1226, Real Praperty Records, Denton County, Texas and being more particularly described as follows: BEGINNING at an iron rod found for comer in the North line of Interstate Highway Number 35-E, a public roadway, said point being the Southwest comer af that certain tract of land conveyed by deed from Coy N. Ward and wife, Eucelene Ward to Francis B. Self and wife, Wanda Self recorded in Volume 474, Page 675, Deed Records, Denton County, Texas; THENCE North 55° 11' 11" West, 111.03 feet with said North line of said Interstate Highway to an iron rod set for comer; THENCE North 49° 57' 44", 1116.46 feet with said North line of said Interstate Highway to an iron rod found for comer, said point being the Southeast comer of Lot 1, Block A of Lissberger Addition, and Addition to the City of Denton, Denton Count)', Texas, according to the Plate thereof, recorded in Cabinet H, Page 196, Plat Records, Denton County, Texas; THENCE North 42° 56' S1" East, 221.3$ feet with the East line af said Lissberger Addition to an iron rod set for comer in the South line of "Rails to Trails" corridor; THENCE along the arc of a curve to the left having a central angle of 41 ° 33' 45 ", a radius of 1273.57 feet, an arc length of'�23.85 feet, whose chord bears S 67° 15' 41" East, 903.73 . . + � '` # _ � , � • � + `, � ',, � # ! . ! • II', � !' � � ' . � # �" � - # ' � - � , � . ,, , ... � � � � , � ' I I - � :. + . ... ... . . � .�. ��. . �',. ' ...+ � „ � . �' i'• � � • • � i � • � � ! � � `� � //' ` % 't i�� •' i' * �' i #, � . � �� • . ` # •-� � " ! � � �♦ �' t . �' '. � 1�' .' # . • ' � ' '�, # � . . # .. .:: . - R'.. • ! - .. 1 • • '.. . �1� �:' '• t. �" # ! # ! % � � � 1/' % f •�i i' �' � i • ' �" �' 'w�', � .,; - �'f-� ,/ - r.�. •+ � �. �. � � � ' '. ,.� # � �. .: ` . �` ! � ' '.. � -�� .. , ' �` � ! ! ' � � . � � -.. ' • + ��,,. I I �. � ' ��. �. - ..; +. ::. � � t . I' I' I I' I I I l l .r C