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ZCI19-0021a,S:\I.,egaltG�ur➢�ocun7errtstCJrdwnac�ces\19t'd.,�d19-(?021 A,rea2i.dacx �.� . � • 11' . AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE DENTON DEVELOPMENT CODE (ORDINANCE DCA18-0009Q), ON APPROXIMATELY 23.16 ACRES OF LAND, GENERALLY LOCATED NORTH OF I-35E AND EAST OF FORT WORTH DRIVE 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0021) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA1$-0009q) on approximately 23.16 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 Property"); and WHEREAS, on May 29, 2019, the Planning and Zoning Commission, in compliance with the laws of 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 finds 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: SEC„TIONmmI_w The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true, ���" 1°���� �. The zoning district and use classification for the Property is hereby changed from Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use classifcation defined under 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 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, Sections 2 and 3 of 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 i��a�l�<��,� to ��}����aav� this ordinance was made by m,� �s�� ���"�i��,� m and seconded by ���`�� �� ��"_��''��� �"���,.' �, ___ m ; the ordinance was pa,���d and approved by the following vote q � � ' �:� A��e N� Abstain Absent Chris Watts, Mayor: ��"'� Gerard Hudspeth, District 1: ������°'�'��f Keely G. Briggs, District 2: �"�r m Jesse Davis, District 3: ��' John Ryan, District 4: mIT_ ��� Deb Armintor, At Large Place 5: �'°� Paul Meltzer, At Large Place 6: �w_ „��f ' .... .......... PASSED AND APPROVED this the , f � __.��� �Y���__, day of � ' �"� ��� �����° "'........��.�.... 2019. � CHRIS �"�^�°l""l��;w P'��,'�OR ATTEST: ROSA RIOS, CITY SECRETARY � � w � � �, :..._�m�� ...,,,,.., �� �����„�������"��'������ BY � ��� ����� °°`� ��"""'�� ��" � � �„,�� '� � �� �� � w � �d oa��� ... �� r „�, �:F � a a � � � � APPROVED AS TO LEGAL FORM: �� "��� '� � �� � � � ���� �,�. AARON LEAL, CITY ATTORNEY �� ���'� �� �'�� � ��� u�� �� �� � � �� �� � � a,��� � � ^�� � "" � �, ��� z ����... � �� _..�,�-�� BY: /s/ Jerrv E. Drake, Jr. � 1. All that certain 0.281 acre tract or parcel of land situated in the A. HILL SURVEY, ABSTRACT No. 623, Denton County, Texas• said tract being shown by Deed to Turner knight, recorded in Volume 341, Page 363, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING for the Southeast corner of this tract at an iron pin found, said corner being the Southeast corner of said Knight tract, said corner also being the Northeast corner of a tract shown by Deed to John c. Roberts. Jr. and recorded ln Volume 539, Page 86, Deed Records of Denton County, Texas; THENCE South 89 degrees 23 minutes 00 seconds West, with the South line of said Knight tract a distance of 116.42 feet to a spike on the East Right-of-Way of State Highway 377 (Carroll Boulevard); THENCE Northeasterly with a curve to the left whose radius is 11,518.$3 feet, arc 149.90 feet (chord North 21 degrees O1 minutes 46 seconds East 149.90 feet) to railroad spike for the Northwest corner of said Knight tract; THENCE South 89 degrees 49 minutes 14 seconds East, a distance of 60.0 feet to an iron pin set on the West line of Myrtle Street; THENCE South O1 degrees OS minutes 00 seconds East, with Myrtle Street a distance of 138.5 feet to THE POINT OF BEGINNING, and containing in all 0.281 acres of land, is commonly known as DCAD Property ID No. 36278. 2. All that certain 0.528 aero tract, or parcel of land situated in the A. Hill Survey, Abstract No, 623, City and County of Denton) Texas; said tract being tracts described In deeds ta H.E. & J.C. Roberts as recorded In Volume 459, Page 223 and Volume 539, page 86 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows; Beginning, for the northeast corner of the tract being described herein at an iron pin in the western line of Myrtle Street at the northeast corner of said tract ta Roberts as recorded in Volume 539, page 86 of said Deed Records, said point at beginning being also the southeast corner of tract described in deed to Turner Knight, et ux as recarded in Valume 341, page 3113 of said Deed Records; Thence South 0 degrees 36 minutes 40 seconds East, 206.0 feet to a 1 1/2" iron pipe found for the northeast corner of tract described in deed to V. R. Clearman and recorded in Volume 396, page 518 of the Deed Records af Denton County, Texas; Thence South 89 degrees 23 minutes West, 91.6 feet to an 8 inch treated fence post in an eastern line of tract described in deed to J. L. Kertz and recorded in Volume 508, page 113 of the Deed Records of Denton County, Texas; Thence North 21 degrees 22 minutes 30 seconds East, 35.7 feet to an iron pin set 1.1 feet westerly of northwest corner of tin building; Thence South 88 degrees 28 minutes West, 3.0 feet to an iron pin set in ground; Thence North 70 degrees 00 minutes 30 seconds West, 90.3 feet to an iron pin set In the eastern line of U.S. Highway No. 377 (Fort Worth Drive); Thence Northeasterly with arc or curve to left whose radius is 11010.2 feet the following, chords North 20 degrees 45 minutes 40 seconds East 70.8 feet; North 20 degrees 23 minutes East 80.8 feet; Thence North 89 degrees 29 minutes 10 seconds East, 116.4 feet to the place of beginning, is commonly known as DCAD Property ID No. 36283. 3. 0.280 acre of land situated in the ALEXANDER HILL SURVEY, Abst. No. 623, City of Denton, Denton, Texas., being that certain tract of land descried in deed to Mike Caylor and wife, Darlene Caylor by deed recorded in instrument Number 2005-145658, Deed Records, Denton County, Texas being more particularly described as follows; Beginning at a Ya" iron rod found in the east line of Fort Worth Drive, at the northwest corner of said Caylor tract, at the most westerly southwest corner of the certain tract of land described in deed to Roy H. Pursur, Jr. and David E. Pursur be deed recorded in Volume 1087, Page 616, Deed Records, Denton County, Texas, said point being the northwest corner of the hereon described tract of land; THENCE along the common line of said Caylor and Pursur tracts as fallows: S 70° 00' 30" E, 90.42 feet to a'/Z" iron rod found; N 88° 28' 00" E, 3.00 feet to a'/z" iron rod found; S 21° 55' 04" W, 35.51 feet to a%z" iron rod set at the northwest corner of that certain tract of land described in deed to Truman Lee Teel by deed recorded in Instrument Number 03- 106284, Deed Records, Denton County, Texas, from which a'/z" iron rod found bears N 89° 14' S3"E, 97.00 feet; THENCE S 21° 23' 49"W, along the common line of said Caylor and Teel tracts, 79.66 feet to a 1/Z99 iron rod set at the southwest corner of said Teel tract, in the north line of that certain tract of land described in deed to Buford James Bryant be deed recorded in Volume 754, Page 732, Deed Records, Denton County, Texas, said point being the southeast corner of the herein described tract of land; THENCE S 8$° 55' 17" W, along the common line of said Caylor and Bryant tracts, passing the northwest corner of said Bryant tract and the northeast corner of that certain tract of land described in deed to Z. B. Eagle Partners, L.P. by deed recorded in Instrument Number 93-R0036887, Deed Records, Denton County, Texas, continuing along the common line of said Caylor and Z.B. Eagle Partners, L.P. tracts, in all 100.00 feet to a'/2" iron rod set at the northeast corner of said Z.B. Partners, L.P. tract in the east line of said FORT WORTH DRIVE, at the beginning of a curve to the left whose radius is 11,019.20 feet and whose long chord bears N 21° 14' 00" 150.01 feet, said point being the southwest corner of the herein described tract of land; THENE along the common line of said Caylor tract and FORT WORTH DRIVE, along said curve in a northerly direction, through a central angle of 00°46'48", a distance of 150.01 feet to the POINT OF BEINGING and containing 0.280 acre (12,215 square feet) of land. 0.280 acre of land situated in the ALEXANDER HILL SURVEY, Abst. No. 623, City of Denton, Denton, Texas., being that certain tract of land descried in deed to Mike Caylor and wife , Darlene Caylor by deed recorded in instrument Number 2005-145658, Deed Records, Denton County, Texas being more particularly described as follows; Beginning at a'/a" iron rod found in the east line of Fort Worth Drive, at the northwest corner of said Caylor tract, at the most westerly southwest corner of the certain tract of land described in deed to Roy H. Pursur, Jr. and David E. Pursur be deed recorded in Volume 1087, Page 616, Deed Records, Denton County, Texas, said point being the northwest corner of the hereon described tract of land; THENCE along the common line of said Caylor and Pursur tracts as follows: S 70° 00' 30" E, 90.42 feet to a'/z" iron rod found; N 88° 28' 00" E, 3.00 feet to a'/z" iron rod found; S 21 ° 55' 04" W, 35.51 feet to a%a" iron rod set at the northwest corner of that certain tract of land described in deed to Truman Lee Teel by deed recorded in Instrument Number 03- 106284, Deed Records, Denton County, Texas, from which a%Z99 iron rod found bears N 89° 14' S3"E, 97.00 feet; THENCE S 21 ° 23' 49"W, along the common line of said Caylor and Teel tracts, 79.66 feet to a'/z" iron rod set at the southwest corner of said Teel tract, in the north line of that certain tract of land described in deed to Buford James Bryant be deed recorded in Volume 754, Page 732, Deed Records, Denton County, Texas, said point being the southeast corner of the herein described tract of land; THENE S 88° 55' 17" W, along the common line of said Caylor and Bryant tracts, passing the northwest corner of said Bryant tract and the northeast corner of that certain tract of land described in deed to Z. B. Eagle Partners, L.P. by deed recorded in Instrument Number 93-R0036887, Deed Records, Denton County, Texas, continuing along the common line of said Caylor and Z.B. Eagle Partners, L.P. tracts, in all 100.00 feet to a'/z" iron rod set at the northeast corner of said Z.B. Partners, L.P. tract in the east line of said FORT WORTH I7RIVE, at the beginning of a curve to the left whose radius is 11,019.20 feet and whose long chard bears N 21° 14' 00" 150.01 feet, said point being the southwest carner of the herein described tract of land; THENE along the common line of said Caylor tract and FORT WORTH DRIVE, along said curve in a northerly direction, through a central angle af 00°46'48", a distance of 150.01 feet to the POINT OF BEINGING and containing 0.280 acre (12,215 square feet) of land, is commonly known as DCAD Property ID No. 36284. 4. Being out of the Alexander Hill Survey, Abstract No. 623, being a part of a tract of land described in deed from Mrs. Mattie Brown to W.W. Dickey, as shown of record in Volume 281, page 350, of the Deed Records of Denton County, Texas, being more particularly described as follows: BEGINNING at an iron stake for corner in the North boundary line of the said Dickey tract at the intersection of the North boundary line of said tract with the East boundary line of a tract of land described in deed from W.W. Dickey to the State of Texas, as shown of record in Volume 289, page 479, of the Deed Records of I7enton County, Texas, said tract being part of the right-of-way of U.S. Highway No. 377; THENCE East with the North boundary line of said Dickey tract, 80.0 feet to an iron stake for corner; THENCE south 135.5 feet to an iron stake for corner in the south boundary line of said Dickey tract; THENCE West with the South boundary line of said Dickey tract 136.3 feet to an iron stake for corner in the Easterly boundary line of said U.S. Highway 377; THENCE in a Northeasterly direction with said Highway right-of-way with a curve to the left whose radius is 11,519.2 feet, 144.3 feet to the PLACE OF BEGINNING, is commonly known as DCAD Property ID No. 36288. 5. FIELD NOTES to all that certain lot, tract or parcel of land situated In the A. Hill Survey, Abstract Number 623, Denton County, Texas, and being all of a tract of land described in a deed to James D. McMahan, as recorded in County Clerk File Number 2005-131326. Real Property Records, Denton County, Texas, and a part of a net of land described in a deed to James R. McMahan and wife, Lecil McMahan, as recorded In Volume 33$, Page 247, Deed Records, Denton County, Texas, the subject tract being more particularly described as follow; BEGINNING at a capped iron rod set in the East line of Fort Worth Drive (US HWY 377) for the Southwest comer of the herein described tract, the Southwest corner of the first mentioned McMahan tract and the Northwest corner of Lot One in Block One af Jack Brisco Addition, an addition to the City or Denton, according to the plat thereof recorded in Cabinet C, Page 128, Plat Records, Denton County, Texas; THENCE North 24 degrees 16 minutes 11 seconds East with the East line of said Drive and the West line of said McMahan tract a distance of 97.85 feet to a capped iron rod set for the Northwest comer thereof and the Southwest corner of a tract of land described In a deed to Z.B. Eagle Partners Limited Partnership, as recorded in County Clerk File Number 1993-36887, Real Property Records, Denton County, Texas: THENCE South $8 degree$ 48 minutes O1 seconds East with the South line thereof and the North line of said McMahan tract, at a distance of 105.1 feet passing the Northeast corner thereof and the Northwest corner of the second mentioned McMahan tract, continuing along said course and the North line thereof, a total distance of 136.30 feel to a capped iron rod found stamped "KAZ" for the Southeast corner of said Z,B. Eagle tract, the Northeast corner of the herein described tract and the Northwest corner of a tract of land described in a deed to Ronald C. Johnson et ux, as recorded in County Clerk File Number 2009-88839, Real Property Records, I7enton County. Tex., from which a metal pipe found for the Northeast corner thereof bears South 88 degrees 38 minutes 10 seconds East, a distance of 150.00 feet; THENCE South with the West line of said Johnson tract and a line severing the second mentioned McMahan tract, along or near a fence, a distance of 89.20 feet to a point in the South line thereof for the 5outheast comer of the here described tract, from which a capped iron rod found stamped "KAZ" far the Southwest corner of said Johnson tract bears South, a distance of 2.10 feet; THENCE North 89 degrees 04 minutes 29 seconds West with the Southline or the second mentioned McMahan tract, at a distance of 1.2 feet passing a metal pipe found for the apparent Northeast comer of said lot One, continuing along said course and the North line thereof, along the North edge of a concrete drive, at a distance of 34.6 feet passing the Southeast comer of the second mentioned McMahan tract tract and the Southeast corner of the first mentioned McMahan tract, continuing along said course, a total distance of 176.51 feet to the PLACE OF BEGINNING and enclosing 0.32 of an acre of land more or less, is commonly known as DCAD Property ID No. 36291. 6. All that certain lot, tract or parcel of land situated in the city and county of Denton, State of Texas, a part of the Alexander Hill Survey, Abstract No. 623, and being parts of a certain 7 acre tract of land conveyed by W.C. Baines to R. H. Hoffman by I7eed dated August 11, 1892, and shown of record in Volume 49, Page 136, Deed Records of Dentan County, Texas, and part of a 4 acre tract of land conveyed by J. M. Sherman to R. H. Hoffman by Deed dated April 17, 1889, and shown of record in Volume 37, Page 635, Deed Records of Denton county, Texas, and more particularly described as follows: BEGINNING at an iron pipe in the East line of the re-located U.S. Highway No. 377 at a point 60 feet from and at right angles to the center line of said highway opposite chaining station 54 plus 12.8, said paint being 130 feet southwesterly on a curve to the right along the East line of said highway from the North line of said 4 acre tract; THENCE Southeast at a right angle to the center line of said highway 100 feet to an iron stake; THENCE South 22° 30' west 100 feet to an iron stake; THENCE North 66° West 100 feet to an iron stake in the East line of said highway; THENCE North 19° O1' East 11.5 feet along the East line af said highway to a concrete highway marker opposite and at a right angle to the centerline station 55 plus 01.3; THENCE Northeasterly 88.5 feet on the East line of said highway alang a curve to the left, to THE PLACE OF BEGINNING, and containing 0.23 acres of land; and being the same property set out land described in a Deed from Ridley H. Wright and wife, Hilie J.Wright, dated September 1, 1950, and shown of record in Volume 362, Page 156 of the Deed Records of I7enton county, Texas, is commonly known as DCAD Property ID No. 36827. 7. Being Lot 1, Block 1, Village Office Park & Mini Storage Addition, as recorded in Cabinet D, Page 14, Plat Records, Denton County, Texas. And being the same property addressed at 525 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 109542. 8. Being Lot 1, Block A, Hwy 377-Racetrac Addition, as recorded by Instrument No. 2003- 38967, Plat Records, Denton County, Texas. And being the same property addressed at 601 Fort Worth Dr. Denton, Texas, is commanly known as DCAD Property ID No. 256795. 9. Being Lot 1RA, Block 1, Eagle Point Shopping Center Addition, as recorded by Instrument No. 2011-118, Plat Records, Denton County, Texas. And being the same property addressed at 701 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 209329. 10. Being Lot 1RB, Block 1, Eagle Point Shopping Center Addition, as recorded by Instrument No. 2011-118, Plat Records, Denton County, Texas. And being the same property addressed at 681 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 331266. 1 l. Being Lot 1, Block 1, Jack Brisco Addition, as recarded by Instrument No. 1982-31345, Plat Records, Denton County, Texas. And being the same property addressed at 505 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 81917. �x7�i��.3 ...... m�. ..��.... � I:_ �. �: � � .. .. ��,�;., �� � � � ��f� ,�w�. Qm � � �. .... �. �' �.V.�...._�� „_� k��� SE �� L3 � M�� 5�w p�`-�. fC£ d��M_w„� _. � 4µ:��'� ��