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ZCI19-0023a�:tLegalt�ur [)acumentstOrdinances\I9t�C;II9-0023 /�rea 23.docx � � � ' � � � � � AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL NEIGHBORHOOD (DC-N) AND DOWNTOWN COMMERCIAL GENERAL (DC-G) TO THE SUBURBAN CORRIDOR (SC) ZONING DISTRICT AND USE CLASSIFICATION DEFINED UNDER THE 2019 DENTON DEVELOPMENT CODE (ORDINANCE DCA 1$-0009Q), ON APPROXIMATELY 23.95 ACRES OF LAND, GENERALLY LOCATED WEST OF FORT WORTH DRIVE AND NORTH OF LINDSEY STREET IN 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 POR SEVERABILITY; AND ESTABLISHINGAN EFFECTIVE DATE. (ZCI19- 0023) WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC-G) to the Suburban Corridor (SC) zoning district and use classi�cation defined under the 2019 Denton Development Code (Ordinance DCA 18-0009q) on approximately 23.95 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 of the State of Texas, after giving the requisite notices by publicatian 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: �l (." I'�(�d� 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. �L�� q CO1� �,_ The zoning district and use classification for the Property is hereby changed from Downtown Commercial Neighborhood (DC-N) and Downtown Commercial General (DC- G) to a Suburban Corridor (SC) zoning district and use classification def�ned under the 2019 Denton Development Code (Ordinance DCA18-0009q). � 1: �"'I'1�:�� , The City's official zoning map is hereby amended to show the zoning district and use classi�cation. �� lw�� . 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 fling suit to enjoin the violation and it retains all legal rights and remedies available to it under local, state and federal law. �w[�C ��C��I 5, If any provision of this ordinance or the application thereof ta 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. �w��(��l"1��9 ?'. 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. second dhb motion to approve this ordmance was made by ,,,_. �/� ��'Was a�� and r �.., , _ .. y � �` � ��x :�' �� the ordinance p ssed and appraved by . �.. �.. . ... �...,.,.... _..., the following vote [ '7 - �: � ��r� N�a ,��w�,�:itmm�, Absent Chris Watts, Mayor: .............�`....................... Gerard Hudspeth, District 1: �i�' Keely G. Briggs, District 2: u�` Jesse Davis, District 3: �� wwww John Ryan, District 4: "� Deb Armintor, At Large Place 5: �� „r Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the ,�� „�� day of ATTEST: ROSA RIOS, CITY SECRETARY � °��` � m � ��' BY: _�� ,�� ,..�.�m.�.�:"�� ................. APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY 1�1.��w ��..� �.mm. N ��mw�� ir, .... �..�._.m n �, � �"� � m�",�� „ "��,{ ��. � � ,,� �..�� ,�.� �� CHRIS 't��1.'ti�"I"�„ MAYOR I. Being Lot 1, Block A, Exchange at North Texas Addition, as recorded by Instrument No. 2004- 77591, Plat Records, Denton County, Texas. And being the same property addressed at 1201 Cleveland St. Denton, Texas, is commonly known as DCAD Proper^ty ID No. 269523. 2. Being Lot 1, Block 1, Feltman Addition, as recorded by Instrument No. 2015-121, Plat Records, Denton County, Texas. And being the same property addressed at 602 Fort Warth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 659971. 3. Being Lot 1, Block A, Tommy's High Tech Automotive Addition as recorded by Instrument No. 2012-234, Plat Records, Denton County, Texas. And being the same property addressed at 620 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Pr^operty ID No. 559728. 4. Being all that certain tract or parcel of land situated in the A. HILL SURVEY, ABSTRACT NUMBER 623, City and County of Denton, Texas; and being the same three (3) tracts shown by Deed to O.W. O'Rear, Jessie L. Pope and J. Nolan Barnett, Trustees of Local Union Number 1526, United Brotherhood of Carpenters and Joiners of America, recorded in VOLUME 564, PAGE 631, Deed Records of said County; and being more particularly described as follows: BEGINIVIIVG at a found iron pin at the Nartheast carner of said Tract One, also being an the West Right-of-Way of U.S. Highway 377; THENCE Sauth 23 degrees 39 minutes 00 seconds West, with said Right-of-Way, a distance of 96.09 feet to a found iron pin for corner; THENCE South 27 degrees 11 minutes 00 seconds West, with said Right-of-Way, a distance of 4.3 feet to a found iron pin; THENCE South 86 degrees 37 minutes 08 seconds West, a distance of 23.77 feet to a corner on the East side of a brick building; THENCE South 04 degrees 59 minutes 44 seconds West, with the East edge of said building, a distance of 0.6 feet to a found iron pin at the Southeast corner of said building; THENCE North 85 degrees 00 minutes 16 seconds West, with the South edge of said building part af the way, a distance of 56.77 feet to an iron pin for corner; THENCE North OS degrees 22 minutes 59 seconds East, a distance of 82.78 feet to an iran pin for carner; THENCE North 86 degrees 43 minutes 03 seconds East, a distance of 113.27 feet to the POINT OF BEGINNING and CONTAINING in all 0.1952 acres af land, more or less, is commonly known as DCAD Praperty ID No. 36903. 5. All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, and being out of the Alexander Hill 640• acre survey, Abstract No. 623, and being a part of a 5. 41 acre tract as described in deed from W.C. Baines to R. H. Hoffman, and recorded in Vol. 57, page, 151, of the Deed Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a stake 100 feet North of the S.W.C. of a 5.41 acre tract of land as conveyed by Carl C. Hoffman to G.W. Pritchett by deed dated May 11, 1946, recorded in Vol, 326, page•320, Deed Records of Denton County, Texas, said corner being the S.W.C. of a tract of land conveyed by G.W. Pritchett to W.V. Tunnicliff by deed dated May 18, 1951, as shown of record in Vol, 368, page 412, of the Deed .Records of Denton County, Texas, said point of beginning being at the N.W.C. of above mentioned tract as conveyed by G. W. Pritchett to W. V. Tunnicliff; THENCE North 100 feet, a stake in fence, for corner; THENCE East parallel with S.B.L. of a 5.41 acre tract 410.4 feet an automobile axle for corner in the W.B.L. of U.S. Highway No. 377; THENCE South 24 deg. 48 min. West along the W.B.L. of U.S. Highway No, 377 110.3 feet an automobile axle for corner, said corner being the N.E.C. of inentioned Pritchett to Tunnicliff tract; THENCE West along the N.B.L. of inentioned Tunnicliff property and parallel with S.B.L. of said 5.41 acre tract, to point of beginning, containing in all 0.$$9 acres of land, is commonly known as DCAD Property ID No. 36890. 6. Being Lot 1, Block 1, McJones Addition, as recorded by Instrument No. 1984-30350, Plat Records, Denton County, Texas. And being the same property addressed at 612 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 107324. 7. Being Lot 2, Block A, Five Ten Villas Addition, as recorded by Instrument No. 2018-228, Plat Records, Denton County, Texas. And being the same property addressed at 550 Fort Worth I7r. Denton, Texas, is commonly known as DCAD Property ID No. 731662. 8. Being Lot 1, Block A, Five Ten Villas Addition, as recorded by Instrument No. 2018-228, Plat Records, Denton County, Texas. And being the same property addressed at 510 Fort Worth Dr. Denton, Texas, is commonly known as DCAD Property ID No. 731661.