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ZCI19-0004aS:\Legat\(7r�c T7r��;urra€�nts\S3rdi�xarace,�\19\Z4�ll99...00d�4 �M.r:cd 4,dr.rcx *' �' � , • • � � �'� . . ••1 • • • � • . , • �, ., � � . . � .� . ,,, . . ., �, . � � � ' � . , . � ! � ' • � � , , � , , , ' , � � , ,. �,, •• � � � • ; 111'# !, , ... � . � ; . • � . � � . � . � #. , � .� . .. . �. � . � �• � • � ! � • , # • . �, �, , . #, , , , � � � , ,, , , . . . � •' '� 111 11 •' • . • ' # '''! �' •' • . : . ! .; •' ' �� , ' 111� WHEREAS, the City af Denton is initiating a change in the zaning district and use classificatian from Regional Center Residential 1(RCR-1) to the Mixed-Use Regianal (MR) zaning district and use classification defined under the 2019 Dentan Development Code (Ordinance DCA18-0009q) an appraximately 0.$ acres of land legally descrihed in Exhibit "A" and generally depicted in the map in Exhibit "B", hath of which are attached hereto and incorporated herein by reference (hereinafter, 66the Property99); and WHEREAS, on May 29, 2019, the Planning and Zaning Commission, in compliance with the laws of the State af Texas, after giving the requisite notices by publicatian and atherwise, and after halding due full and fair hearings and to all praperty awners interested in this regard, has recommended approval 6-0 of the change in the zaning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon cansideratian, the City Council hereby fnds that the request is consistent with the Dentan Plan, the 2019 Denton Development Cade (Ordinance DCA1$-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in cansidering the change in the zoning district and use classification, have determined that the propased change is in the hest 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 zoning district and use classification should be granted as set forth herein; NOW THEREFORE, THE COUNCIL 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. �i: �'"��l�;�f� r'. The zoning district and use classificatian for the Property is hereby changed from the Regional Center Residential 1(RCR-1} to a Mixed-Use Regional (MR) zoning district and use classifcatian defned by the 2019 Denton Develapment Code (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 f�ling 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 cornrnitted, 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 l, 2019, a date rnore 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. � �+ �,�� "Nd,� 1�N�(��'�1111�N �,Q.� �.3��C'C�W�, ��tlE*� ��1C�IiNM�1��'�w'a��Z 171�B��k� ��' _ r��'��,m"�C�� 'x"�"��h"� cl'Yl�� r� � ��'°'� °��.� ,�.��w� a.. ..m ...... .........� t�� •c��►�� r�a� ��+� ;�N��.� ��a�•�� a�c� _ �.I�� I�.��I�:�w�n�, va�4� � .�w �� M� Ave Nay Abstain AbWs„ent Chris Watts, Mayor: � �""''mm 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: '�� PASSED AND APPROVED this the �� day of �„��,�� p�r___________, 2019. �� f,�� ,_.,� ,,' w�� ... ......... .. .... � ............. ..... .. .. ......... CHRIS WATTS, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY • .... � � �.�'�"'".�- �.;�" � � - � � � �� ' � '� � �� y BY• �� "� — "�,� �m� �_ � � �-�� 4 ,��'"� ,�, APPROVED AS TO LEGAL FORM: '�� '�� "� AARON LEAL, CITY ATTORNEY ";�� M��µ�� BY: /s/ Jerrv E. Drake. Jr. I .� Being all that certain tract ar parcel of land situated in the M.E.P. & P.R.R. Survey, Abstract No. 950, Dentan County, Texas, and being part af a called 19.39 acre tract of land described in the Deed to Ray A. Bentley recorded in Wolume 244, Page 398 of the Deed Recards of Denton County, Texas, being a part of the HILL-CREST ADDITION, according to the 'Plat thereaf recorded in Volume A, Page 175, of the Plat Records of Denton County, Texas, and being a resurvey of all of a called 0.804 af an acre tract af land described in the Deed to Spence and Chegwidden recarded in Volume 1187, Page 607 of the Deed Records of Denton County, Texas and being more fully described as follows: BEGINNING at the West comer af the tract being described herein at a 5/8 inch iron rod found for corner in the Northeasterly right-of-way line of Interstate Highway 3SE and being at the West carner af said 0.804 acre tract; THENCE North 40 degrees 10 minutes 08 seconds East, a distance of 175.00 feet to a'/z inch capped iron rod set for carner; THENCE South 49 degrees 27 minutes 47 seconds East, a distance af 200.05 feet ta a 5/8 inch iron rad faund for carner; THENCE South 40 degrees 10 minutes 08 seconds West, a distance af 173.30 feet to a 5/8 inch iron rad faund for corner in the Nartheasterly right-af-way line of Interstate Highway 3 SE; THENCE Narth 49 degrees 57 minutes 00 seconds West, a distance of 200.04 feet to the POINT OF BEGINNING and enclosing 0.80 of an acre of land, more or less, is commanly known as DCAD Property ID No. 39180.