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ZCI19-0013a`i:tC.,cg�l\iJirrC�crcurrcenkstClydinances\(9\7..�I19.-d013 f4rea l�.dcrcx � � � • ' �' � �' + a • �� ' � �, � � . • • � �: '�, � '. . . . , .. ..... �. �, � . ,: ��.. �.: �' � i. • � •: � , r. ' , ',. ... . � . : ,�. . � •�� i �� i ... �� / �. •�. � .. �.' � . ' � ��... ,.. ' • : � ... , ... ,�: �, ,;,. • _+.. • ,'.. ��. �. ,.. ��.. i �� ,;�. . �': � , �.. �.. • . ,.: � ♦ �...'.,�, �: ��: . ��. `�. ♦ � � t� • �.: � , .... .. • �. � .. ,. � � ......... ,.. E�� . , � � ,, •: ' , '. � � • ... � � ��.... ,, � � � i � �,' � �' � � � � � • •' � , '' � ' '. � s�, ,, �r . � . . � � � 'i �� r �' • ,' � � �r� �'' �� r' , � � , � � ', • ' • * ',', WHEREAS, the City of Denton is initiating a change in the zaning district and use classificatian fram Neighborhood Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zaning district and use classification defned under the 2019 Denton Develapment Code (Ordinance DCA18-0009q) on appraximately 17.76 acres of land legally described in Exhibit "A" and generally depicted in the map in Exhibit "B", both of which are attached hereto and incarparated herein by reference (hereinafter, "the Praperty99); and WHEREAS, an May 29, 2019, the Planning and Zaning Commissian, in compliance with the laws af the State of Texas, after giving the requisite notices by publicatian and atherwise, and after halding due full and fair hearings and to all praperty owners interested in this regard, has recommended approval 6-0 of the change in the zaning district and use classifcatian; and WHEREAS, on June 11, 2019, the City Cauncil likewise conducted a public hearing as required by law and upon consideratian, the City Council hereby fnds that the request is consistent with the Dentan Plan, the 2019 Dentan Development Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commissian and the City Council, in cansidering the change in the zoning district and use classification, have determined that the praposed change is in the best interest of the health, safety, morals, and general welfare af the City of Denton and 1tS C1t1Z011S; 111C1 WHEREAS, the City Cauncil af the City af Denton finds that the change in the zoning district and use classification should he granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;. SECTION 1. The findings and recitatians contained in the preamhle of this ordinance are incorporated herein by reference and found to be true. �! �� I!��1� '�w, The zoning district and use classifcation for the Property is hereby changed fram the Neighbarhood Residential Mixed Use (NRMU) to a Suhurban Corridor (SC) zoning district and use classification defined 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, frm, 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. �� r � � � ;,� � the ordinance was �� '��--- ------- _�� and � ��r��t�� a:':. . . �� , �r�� was made b � � �"�-� �� . ..,.... ---- - b�� p��s�;ed and approved by �;�:�t��aic�� a � � � ' �� .��r ar��.. t}�c; �i,a�l��c�� vt�l�: �� .. a�_�_.�; Ave Nav Abstain Absent Chris Watts, Mayor: �„'" Gerard Hudspeth, District 1: __ �s'` Keely G. Briggs, District 2: IT��' 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 ��MIT „ day of ATTEST: ROSA RIOS, CITY SECRETARY � �� BY �� .� �� :.�,�""� .. ��M. �� "�� --��,� ... �. ,�,. .. ..... APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY /S/ rTerrv F; l�rake_ Tr ��mm� �, .....�.. ....... CHRIS WATTS, �� ,„� � �, �' � � ��"�� m�� ... � � � �� , 2019. 1. Being Lot 1, Block 1, Southridge Addition, as recorded by Instrument No. 1964-6521, Plat Records, Denton County, Texas. And being the same property addressed at 1700 Woodbrook St. Denton, Texas, is commonly known as DCAD Proper^ty ID No. 27313. All that certain tract or parcel of land lying and being situated in the R.H. Hopkins Survey, Abstract No. 1694 and the J. McGowan Survey, Abstract No. 797, Denton County, Texas, and being a part of a called 1.447 acre tract described in a deed ta the Synod of Texas, Presbyterian Foundation of the United Presbyterian Church, U.S.A., a Texas Corporation, recorded in Volume 456, Page 224, Deed Records, Denton County, Texas, and a part of a 31.715 acre tract, described in a deed to the Synod of Texas, Presbyterian Foundation of the United Presbyterian Church, U.S.A., a Texas Corporation, recorded in Volume 485, Page 97, Deed Records, Denton County, Texas, and being more particularly described as follaws; BEGINNING at a wood right-of-way post at the Northwest comer of said 1.447 acre tract, being the Northeast comer of Lot 1, of the replat of Block 2, Southridge Center, recorded in Volume 6, Page 8 Plat Records, Denton County, Texas, and being on the South Right- of-Way line of Interstate Highway 35 East (a variable width right-of-way); THENCE South 73 degrees 43 minutes 46 seconds East, with the North line of said 1.447 acre tract and said South Right-of-Way line, a distance of 166.40 feet to a 1/2 inch iron pin set with a yellow plastic cap stamped H&N 1849; THENCE South 78 degrees 3S minutes 00 seconds East, with the North line of said 1.447 acre tract and the said South Right-of-Way line, a distance of 342.58 feet to a 1/2 inch iron pin set with a yellow plastic cap stamped H&N 1849 at the intersection of the said South Right-of-Way line and the West Right-of-Way line of Southridge Drive (a 60 foat Right- of• Way); THENCE South Ol degrees 00 minutes 33 seconds East, with said West Right-of• Way line, a distance of 307.79 feet to a found iron pin at the Northeast comer of Lot 6, Block 3, Southridge Center, recorded in Volume 3, Page 51 Plat Records, Denton County, Texas; THENCE North $9 degrees 43 minutes 58 seconds West, •with the Northline of said Block 3, a distance of 497.59 feet to a 1/2 inch iron pin set with a yellow plastic cap stamped H&N 1849 at the Northwest comer of Lot 3, Block 3, and being on the East line of Lot 2, of said Block 2, Southridge Center; THENCE North 00 degrees 27 minutes 40 seconds West, with the East line of said Block 2. A distance af 419.87 feet to the POINT OF BEGIIVNING, and containing in all 4.086 acres of land, is commanly known as DCAD Property ID No. 40174. 3. Being Lot 1, Block 2, Southridge Center Addition, as recorded by Instrument No. 1970-1472, Plat Records, Denton County, Texas. And being the same property addressed at 900 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 27339. 4. Being Lot 2, Block 2, Southridge Center Addition, as recorded by Instrument No. 1970-1472, Plat Records, Denton County, Texas. And being the same property addressed at 1807 Westminster St. Denton, Texas, is commonly known as DCAD Property ID No. 27349. 5. Being Lot 1B, Block 1, Southridge Center Addition, as recorded in Cabinet U, Page 618, Plat Recards, Denton County, Texas. And being the same property addressed at 830 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 27221. 6. Being Lot 1C1, Block 1, Southridge Center Addition, as recorded in Cabinet U, Page 618, Plat Records, Denton County, Texas. And being the same praperty addressed at 1710 Westminster St. Denton, Texas, is cammonly known as 17CAD Properry ID No. 27329. 7. Being Lot 1C3, Block 1, Southridge Center Addition, as recorded by Instrument No. 1977- 7763, Plat Records, Denton County, Texas. And being the same property addressed at 1740 Westminster St. Denton, Texas, is commonly known as DCAD Property ID No. 27185. Being Lot 1C2, Block l, Southridge Center Addition, as recorded by Instrument No. 1977- 7763, Plat Records, Denton County, Texas. And being the same property addressed at 1720 Westminster St. Denton, Texas, is commonly known as DCAD Proper^ty ID No. 27197. 9. Being Lot 1D, Block 1, Southridge Center Addition, as recorded by Instrument No. 1974- 1387$, Plat Recards, Denton County, Texas. And being the same property addressed at 710 I35E Denton, Texas, is commonly known as DCAD Property ID No. 27203. 10. Being Lot lA, Block 1, Southridge Center Addition, as recorded by Instrument No. 1973- 12008, Plat Records, Dentan County, Texas. And being the same property addressed at 820 S I35E Denton, Texas, is commonly known as DCAD Property ID No. 27218. 11. Being all that certain lot, tract or parcel of land situated in the S.C. Hiram Survey, Abstract Number 616, City of Denton, Denton County, Texas, and being all that certain lot, tract or parcel of land described by deed to Randy Wuensche, recorded in Volume 4275, Page 925 of the Real Property Records of Denton Caunty, Texas, and being more particularly described as follows: Beginning at a 1/2 inch iron rod found for the northeast comer of said Wuensche tract and the northwest comer of Lot 1-A, Block 1, Southridge Center, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Volume 9, Page 31 of the Plat Records of Denton County, Texas, and being in the south line of Interstate Highway 35-E (I.H. 35E); Thence South 13 degrees 25 minutes 00 seconds West, with the west line of said Lot 1-A, a distance of 119.50 feet to an "X" found in concrete for the northeast corner of Lot IE, Block 1, Southridge Center, an Additian to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Volume 1 l, Page 15 of the Plat Records of Denton County, Texas; Thence South 89 degrees 15 minutes 00 seconds West, with the north line of said Lot lE, a distance of 127.53 feet to a 1/2 inch iron rod found for the southeast corner of Lot 1D of said Block 1 (Volume 1 l, Page 15); Thence North 07 degrees 08 minutes 16 seconds East, with the east line of said Lat 1D, a distance of 151.81 feet to a 1/2 inch iron rod with a yellow cap stamped "Arthur Surveying Company" set for the northeast corner of said Lot 1D and being in the south line of said I.H. 35E; Thence South 76 degrees 30 minutes 24 seconds East, with the south line of said I.H. 35E, a distance of 140.25 feet to the Point of Beginning and containing 0.413 acres of land, more or less, is commonly known as DCAD Property ID No. 33301. 12. All that certain lot or parcel of land situated in the S.C. Hiram Survey. Abstract 616, at the southeast comer of the intersection of Interstate Highway 35 East with F-M Road 2181 in the City and County of Denton, Texas and being more particularly described as follows: BEGINNING at the intersection of the South right-of-way of Interstate Highway 3SE with the East right-of-way of FM 2181 (Teasley Lane); THENCE North 87° 46' East, with the South right-of-way of said Interstate Highway 35E 170.0 feet to a comer; THENCE South 7° 00' West, parallel to the East right-af-way of F-M 2181, 140.0 feet to a comer; THENCE South 87 46' West, parallel to the First Course herein 170.0 feet to a comer on the East right-of-way of FM 2181; THENCE North to 7° 00 East, with said right-of-way 140.0 feet to the place of beginning, is commonly known as DCAD Property ID No. 33296. ......... 1 i;