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ZCI19-0010aS:ti�e�al\(7ur L3acuments\Ordi¢tanc�sti 9tACI14-OQ10 e�rea I().docx �.� . • • 11:1. AN OR.DINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM EMPLOYMENT CENTER COMMERCIAL (EGC) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 25.18 ACRES OF LAND, GENERALLY LOCATED SOUTH OF DALLAS DRIVE AND EAST OF TEASLEY LANE 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATTONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0010) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Employment Center Commercial (EC-C) to the Suburban Corridor (SC) zoning district and use classification deiined under the 2019 Denton Development Code (Ordinance DCA1$-0009q) on approximately 25.1$ 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, "the Property99); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws af the State of Texas, after giving the requisite notices 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 zoning district and use classification; and WHEREAS, on June 11, 2019, the City Council likewise conducted a public hearing as required by law and upon consideration, the City Council hereby iinds that the request is consistent with the Denton Plan, the 2019 Denton Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in considering the change in the zoning district and use classification, have determined that the proposed 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 Council of the City of Denton 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; �� � fl"lt;�l� 1 � The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. °�1: i" 1 0+�:)C�ITITm�. The zoning district and use classification for the Property is hereby changed from the Employment Center Commercial (EC-C) to a Suburban Corridor (SC) zoning district and use classification defined by the 2019 Denton Development Code (Ordinance DCA18-0009q). SECTION 3. The City's official zoning map is hereby amended to show the zoning district and use classiiication. SECTION 4. Any person, firm, entity or corporation violating any provision of this ordinance shall, upon conviction, be fned 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. SECTIONww7w. In compliance with Section 2.09(c) of the Denton Charter, this Ordinance a ................................. 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. "��"��� M�r�����r�N� I.��w ��N�a��°cr�vs. G[�iw +;�r��i�������.� w�� ������:i�, ��' ...! �+ ��:°� � °_.m � � �; �� .�. .._.�.. �.ra°�c� d ��M���wN�r&�,�� l�y� _ ,'` ��d���.'� � �..� � � �- — ..... .. ..., �,l�c �a�����i������� �v��� ������� �����c� �w���������u�9 1�'�" 1�tc� �i�N�����M�� uuic � �N. ��.;..��• A��e N�a � Abstain Absent Chris Watts, Mayor: ��r'° Gerard Hudspeth, District 1: _ ��'� Keely G. Briggs, District 2: _mmmm���� Jesse Davis, District 3: �°''`IT � John Ryan, District 4: ������'' Deb Armintor, At Large Place 5: �` Paul Meltzer, At Large Place 6: ��� PASSED AND APPROVED this the �:'� day of ��,���, ��r�.�: � 2019. � � ____ . �,�— __. ATTEST: ROSA RIOS, CITY SECRETARY A� � BY � � "� �� � �� ��_ �,fi&°�, `"� �� � ,� � ��wrm�^ �ro.��" u� µ � � � � � �.. APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/ Jerrv E. Drake, Jr. �,����� �„����,�,�� ��� � �� �� CHRIS W�,�1��"N ��%'I�p .... �� � �.��.���e�� --- _. „� � y� r __________________m..... . .... � y .,J-9 r 4 �� d.... � Exhibit A I. All that certain tract or parcel of land lying in the R.H. Hopkins Survey, Abstract No. 1694, and being all of the called 0.905 acre tract described in the deed to Laura A. Davis and Frank C. Davis Ill recorded in Volume 3057, Page 902 of the Real Property Records of Denton County, Texas; BEGINNING at a found iron pin at the north corner of the said Davis tract and the east comer of Lot 1, Block 1 of Holiday Inn Addition as shown by the plat thereof recorded in Cabinet E, Page 309 of the Plat Records of Denton County, Texas on the southwest right- of-way line of US Highway 77 (Dallas Drive); THENCE South 46 degrees O1 minutes 55 seconds east with the southwest right-of-way line of US Highway 77 (Dallas Drive) a distance of 202.23 feet to a found iron rod pin at the east corner of the Davis tract on the north right-of-way line of Interstate Highway 35E (variable width right- of-way); THENCE with the north right-of-way line of Interstate Highway 35E the following 4 calls: 1. South 50 degrees 21 minutes 48 seconds west a distance of 81.17 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" at an angle point in the southeast line of the Davis tract; 2. South 53 degrees 57 minutes 48 seconds a distance of 74.39 feet to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" at the south corner of the Davis tract; 3. Northwesterly along a curve to the right having tl radius of 2989.00 feet, an arc length of 204.75 feet (chord bearing north 77 degrees 37 minutes 44 seconds west a distance of 204.71 feet) to a set iron pin with a yellow plastic cap stamped "Metroplex 1849" at the end of said curve; 4. North 77 degrees 37 rninutes 44 seconds west a distance of 3.00 feet to a found iron pin at the west comer of the Davis tract; THENCE North 43 degrees 14 minutes 08 seconds east with the southeast line of the Holiday Inn Addition a distance of 262.78 feet to the Point of Beginning, containing 0.905 of a acre of land, is commonly known as DCAD Properly ID No. 34433. 2. Being Lot 2, Block 1, La Colina Ranch Addition, as recorded by Instrument No. 1983-10041, Plat Records, Denton County, Texas. And being the same property addressed at 1200 Dallas Dr. Denton, Texas, is commonly known as DCAD Property ID No. 86354. 3. Being Lot 1, Block 1, Holiday Inn Addition, as recorded by Instrument No. 1985-58465, Plat Records, Denton County, Texas. And being the same property addressed at 1500 Dallas Dr. Denton, Texas, is commonly known as DCAD Property ID No. 121064. �' i" �' � i � ' �'�'. . � �.i' ' • �� ' • •: ' � •'� • ' ,� ,j, � � � �, � r ' � .� •. / ' � ��'�, � .... � - �. .:: � � ♦'' � �..... , ` � � � �.`.:� . ��. • - - !� � �� � �� �. . � �- � • • � I � I' ii� I' i � l� :- . ♦ ' . � ' . - � �� � . - • �-� � - � 11• •�•#�; ' . ' - � � R- • � - , � � �- , . , - • ♦•~ .�r - -�' . � 11 �. . ! 1- • - , � • ' � . I � I ' ��� I ' � ,. c . :- + � ' : w , _ � •� � , - � �-� . . � 11 ��: ' . '- •!• �- • � • . � • �- � - . - � #�- .�� - ,-� . � 1 R. , �'. !- • ... • � ♦ ,. I � I ' �r, � � ••:: _i :