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AN ORDINANCE OF THE CITY OF DCNTON, TEXAS, CHANGING THE ZONING
DISTRICT AND USE CLASSIFICATION FROM DOWNTOWN COMMERCIAL GENERAL
(DC-G} TO THE HIGHWAY CORRIDOR (HC) ZONING DISTRICT AND USE
CLASSIFICATION DCFINED UNDER THE 2019 DENTON DEVELOPMENT CODE
(ORDINANCE DCA18-0009Q), ON APPROXIMATELY 3.57 ACRES OF LAND,
GENERALLY LOCATED ON THE NORTHWEST CORNER OF I-35E AND FORT WORTH
DRIVE IN THE CITY OF DCNTON, DCNTON COUNTY, TEXAS; ADOPTING AN
AMENDMCNT TO THE CITY'S OFFICfAL ZONING MAP; PROVIDING FOR A PENALTY
IN THC MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDfNG
F'UR SEVERABfLITY; AND ESTABLISHING AN EF'PECTIVE DATE. (ZCI19-0024)
WHEREAS, the City af Denton is initiating a change in the zoning district and use
classificatian from Downtown Cammercial General (DGG) to the Highway Carridor (HC} zaning
district and use classificatian defined under the 2019 Dentan Development Code (Ordinance
DCA 18-0009q) on approximately 3.57 acres of land legally described in Exhibit "A" and
generally depicted in the map in Exhibit "B", both of which are attached hereta 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 af Texas, after giving the requisite notices by publicatian and atherwise, and
after holding due full and fair hearings and ta all property owners interested in this regard, has
recammended appraval 6-0 af the change in the zoning district and use classification for property
commanly known as DCAD Property ID Nos. 27205, 27180, 27196, 36920, and 36914; and
WHEREAS, subsequent to the Planning and Zoning Commissian public hearing, the
owner of property commonly knawn as DCAD Praperty 1D Nas. 36920 and 36914 requested the
City remove the parcels fram consideration, thus Exhibits A and B have been amended to exclude
said parcels from the description; and
WHCREAS, on June 1 l, 2019, the City Council likewise conducted a public hearing as
required by law and upon consideratian, the City Council hereby finds that the request is cansistent
with the Denton Plan, the 2019 Denton Develapment Cade (Ordinance DCA18-0009q), and
federal, state, and local law; and
WHCREAS, 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, marals, and general welfare af the City of Denton and
its citizens; and
WHERCAS, the Cu��P f:"ouncil af the City of 1:;)a:�w�tan �nds that the change in the zaning
district and use classificati�����,;��iould be granted as set 1��:���°th herein; and
WHEREAS, at the conclusion of tl�e public hearing the motian made for approval of this
Ordinance accidentally reflected the $.32 acres indicated on the agenda posting, rather than the
madification ta 3.57 acres above, and that motian carried as stated; and
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SECTION l. The findings and recitations contained in the preamble of this ordinance are
incorporated herein by reference and found to be true.
SECTION 2. The zoning district and use classification for the Property is hereby changed
from Downtown Commercial General (DC-G) to the Highway Corridor (HC} zoning distriet and
use classification defined under the 2019 Denton Development Code (Ordinance DCAI 8-0009q).
`���C 1 It )��i. The City's official zoning map is hereby amended to show the zoning district
and use classification.
�a��� N;�t�)�G �� Any person, firm, entity or corporation violating any provision of this
ordinance shall, upon conviction, be �ned 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 filing suit to
enjoin the violation and it retains all legal rights and remedies available to it under local, state and
federal law.
�;ma�� ( I C(�_���f "�, lf 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:;;'�:""��"`M��:�hJ "�'. In compliance with Seetion 2.09(c) of the Denton Charter, this Ordinance
shall take effect on October I, 2019, a date more than fourteen (14) days from the date of its
passage, and the City Secretary is hereby directed to cause the captian 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 motia
m�� d�� approve this ordinance was made by � / C and
seconded by �` ���°��,� ��/ _�_ ___ ; the ordinance was passed and approved by
the following vote [� �J;
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PASSED AND APPROVED this the �. �; �
ATTEST:
ROSA RIOS, CITY SECRETARY
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BY. `"� , ��.
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APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY: /s/ Jerrv E. Drake. Jr.
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CHRIS WATTS, MAYOR � � � _.. _. � ,...
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