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ZCI19-0022aS:tT,egaNtt�ur Iyaciar�rerrts\C:�rdinancestl.9t:C.��19.-GG22 �t,rca 22.daJcx •' � . � • 11 . AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCTAL GENERAL (DC-G) TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA1$-0009Q), ON APPROXIMATELY 4.10 ACRES OF LAND, GENERALLY LOCATED ON THE NORTHEAST CORNER OF I-35E AND FORT WORTH DRIVE,IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AMENDING THE CITY' S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY 1N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. (ZCI19-0022) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial General (DC-G) to the Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 4.10 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 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 cansideration, the City Council hereby finds that the request is cansistent 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: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTIONmm2m• The zoning district and use classification for the Property is hereby changed from Dawntown Commercial General (DC-C) to a Highway Corridor (HC) zoning district and use classification defined under the 2019 Denton Development Cade (Ordinance DCA 1$-0009q). SECTION 3. The City's official zoning map is hereby amended to show the zoning district and use classification. `ti_;�[ I�i�:�9�'��, 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 vialation. 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 �ling suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. '�F^C.'1°R(�C� 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. �� I 1l�a'� ?, 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 moti��ra�� t:�� t�� i�� ordinance was made b ,r � � � P � Y ..�...��._ �.�� ' � �� `� �° ��°.�.�� .��. � ��`��,an seconded b �,"� �', ,' ,� �i", �p d� Z�y'� __--_---_� the ordinance was passed and ��r�•cav�cii by the following vote � - �: Ave N� ��1��ri�� Absent Chris Watts, Mayor: �� Gerard Hudspeth, District 1: �w'� Keely G. Briggs, District 2: ��'� Jesse Davis, District 3: � �:........ John Ryan, District 4: �i Deb Armintor, At Large Place 5; �°�� Paul Meltzer, At Large Place 6: �� PASSED AND APPROVED this the ATTEST: ROSA RIOS, CITY SECRETARY � "� '� � BY .�� .� � � . �r �.. ��:��"� �� " �� APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/ Jerrv E. Drake, Jr. �" �� °�'. �� day of � �� "� �� , 2019, w.� �� ............._ d � � �� '' � � � � �� ^� � � � CHRIS WAT, . , _ .. ...... ........ .......... . . TS, MAYOR � � � ��,��"��, ��a._�� '° � Exhibit A 1. Being Lot SR, 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 500 N I35E Denton, Texas, is commonly known as DCAD Pr°operty ID No. 494940. 2. Being Lot 1, Sunrise Center Additian, as recorded by Instrument No. 1979-18120, Plat Records, Denton Caunty, Texas. And being the same property addressed at 735 Fort Worth Dr. Denton, Texas, is commonly known as DCA17 Property ID No. 27407. Being Lot 2B, Sunrise Center Addition, as recorded by Instrument No. 1979-18120, Plat Records, Denton County, Texas. And being the same property addressed at 510 N I35E Denton, Texas, is commonly known as DCAD Property ID No. 27415. 4. Being Lot 2, Block A, Campass Bank Addition, as recorded by Instrument Na. 2007-36$76, Plat Records, Denton County, Texas. And being the same praperty addressed at 733 Fort Worth Dr. Denton, Texas, is commonly known as DCA17 Property ID No. 524325. 5. Being Lot l, Block A, Compass Bank Addition, as recorded by Instrument No. 2007-36876, Plat Records, Denton County, Texas. And being the same property addressed at 729 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 524324. ��C7 ifl:i�i�:3