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ZCI19-0025a,:AR.,e��al\CJ�de� f�cecGurrca7ts\flydiri�nce,�A I Ci\l4:. N I�1..C1f;75 docx !'l . � '* �� . � • ' 1 � • •' , � • '' � � ! � , � . . • ''• l• • ' � �' �' ,� � ��. . � . ..... . 1 �� 1 �. .. � ��. � 1 /� .. . . � .:.. � �. � . '�. ♦ R�� ♦. ,'. . ��, ',I , �� . '. � •. ,... � ' , ► :, � � ,. '.,,. Y : � •. �...... ,��.. . .. . ♦ ♦ ' • ..... . , �. ,�; �. ,��: 1 .. , � * ,. I �. `.... ,. . . .... • �'� ,�, ,; ' . ,� � • / ' i ��' �' ' r�►� ` ` r �' `' � � ' �;' ' �` � ' � i i • . ► � � � , � �, r , � �' , � ' *; � , ' , : � ` ' � c � `, � � � � � ,, * � a � � ' ', � � '� �� ,'R •', . #, � � �r� 1, �r � � � � � � � � � ' • �� WHEREAS, the City af Dentan is initiating a change in the zoning district and use classificatian from Downtown Residential 1(DR-1), Downtown Residential 2(DR-2) and Dawntown Commercial General (DC-G) to the Mixed-Use Regional (MR) zaning district and use classification defined under the 2019 Dentan Development Code (Ordinance DCA18-0009q) on approximately 35.35 acres af land legally described in Exhibit "A" and generally depicted in the map in Exhibit "," both of which are attached hereto and incorparated herein by reference (hereinafter, "the Praperty"); and WHERCAS, an June 26, 2019, the Planning and Zoning Commission, in campliance with the laws of the State of Texas, after giving the requisite notices by publication and otherwise, and after halding due full and fair hearings and ta all property owners interested in this regard, has recommended approval 7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 2019, the City Cauncil likewise canducted a public hearing as required by law, and upon consideratian, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Development Cade (Ordinance DCAI 8-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zoning Commission and the City Council, in cansidering the change in the zaning district and use classificatian, have determined that the proposed change is in the best interest af the health, safety, marals, and general welfare af the City of Denton and its citizens; and WFIEREAS, 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 T�-IEREFORE, THE COUNCIL OF THE CITY OF DCNTON HERCBY ORDAINS. SECTION 1. The findings and recitatians contained in the preamble af this ordinance are incarparated herein by reference and faund to be true. �lw �� I�;�1� :�, The zoning district and use classification for the Property is hereby changed from Dawntown Residential 1(DR-1), Downtown Residential 2(DR-2) and Dawntown Commercial General (DC-G) to the Mixed-Use Regional (MR) zoning district and use classification defined by 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. CTION 4w Any person, firm, entity or corporation violating any provision of this . �....E .............................. 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. SECT[ON 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 g�.��...bY P .......��w�w��w overne rior 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 l, 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 motion to approve this ordinance was m� seconded by ��"�,`�^��°�'" �'�� _�. "�� .,..,mw,. , ,.,.,��. � �5 tB°t�* ��19c�� w�r��t� I _�� '��"...�r Chris Watts, Mayor: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse Davis, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: �e by . �� _...�,� �j_�� ... and _ -------- the ordinance was passed and approved by N�a � Abstain Absent PASSED AND APPROVED this the �,d�� ,�� day of �� _, 2019. � �' � �. , ATTEST: ROSA RIOS, CITY SECRETARY BY. �� ,,, ��' .....��.�.�� .'�m»�: �' � � �� . , ...... ... APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: /s/Jerrv E. Drake, Jr. � � �-0� , �� ' �� ` .,�� ,,�� , 4w ��. , .. °� .. �., . .. ..... .............. ......................_._.... CHRIS WATTS, MAYOR � � ° � �� " � ' � �� "�� . � � µ � �� J �.�i�"°� ��°� w� N � �"�,�� ,r� �a � �� '��, , �� w� � ,k i �"�� `..�� ,�� ° ,� � . � � � ��,�� ( �N � �� f �,.lb ' � � �lop�!}'s'i � Being all that certain tract or parcel of land lying and being situated in the E, PUCHALSKf SURVEY, ABSTRACT 996, City of Denton, Dentan County, Texas, being the same (called) F 1 rst and Second Tracts as described in a Substitute Trustee's Deed from Bryon R. Berry, as Substitute Trustee, to First State Bank of Denton on the 1 st day of May, 1990 and recorded in Volume 2774, Page 887, Real Praperty Records af Denton County, Texas, and being more particularly described as fallaws: BEGINNING at an '°X" in concrete an the North Right-of-Way of Wilshire Street at the Southwest corner of the above mentioned Flrst Tract; THENCE North 00 degrees 03 minutes OS seconds West a distance of 165.96 feet to an iron rad set for corner; THENCE South 88 degrees 40 minutes 43 seconds East a distance af 13l .22 feet to an "X" in cancrete on the West Right-of-Way af Avenue C; THENCE South 00 degrees 16 m 1 nutes 47 secands West with the West Right-of-Way of Avenue C, a distance of 49.97 feet to an I ran rod found for corner; THENCE North 89 degrees 33 minutes 51 seconds West a distance of 121.01 feet ta an "X'° found in concrete for carner; THENCE South 00 degrees 07 minutes 23 seconds East a distance af 1 13.90 feet to an "X" in concrete on the Narth Right-of-Way af Wilshire Street; THENCE North $9 degrees 52 minutes 49 seconds West with the North Right-of-Way of Wilshire Street a distance of 10.03 feet to the POINT OF BEGINNING and containing 0.1794 acres of land, mare or less, is commonly known as DCAD Property ID Nos. 149135 and 34792. i- '. • �. ;:: �. s . .�. , .. . � .. . . #�.. .; . ; .. �' . ... � � ��.. � .: ...: - • . �� r - w: �� ' ��.. •� . �� • , - � � �- • • - . • • �- . . � . r •�- .�• - -� . 11 i- • . , • � • , � ,� � � � �� Being all that certain tract or parcel of land situated in the A. Tompkins Survey Abstract Number 124$, Denton County, Texas, and being all of a tract of land described in a deed from Ina Laura Jones to Bear Brawn, L.L.C. as recarded in instrument number 2010-36$21 of the Real Property Records of Denton Caunty, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod found on the occupied and recognized South line of Lindsey Street and being the Northeast comer of the herein described tract and the Northwest comer of a tract of land described as Tract ll, in a deed from Larry L. Bailey, et al, to Baily Family Partners ll, Ltd as recorded under instrument number 2012-14 7784 of the Real Praperty Records of Denton County, Texas; ' � ! � - - - • - 1 - � • - - - • • . • : . - , i .. - • • • .. • • •� • � � ' - • -. * . * . _ �. �-, . �" . � ��.� , � . # � . #� . � r. r • . #..� �� .�. � s ,� • . ' . �-� . r �, • - . � w.� �. . � �. �� '11�.�; w�� . . . #�. .. • � •' �- • • - . THENCE South 88 degrees 58 minutes 58 seconds West along ar near a fence and with the Narth line of said Myra K. Pralle and Janis Jones tract a distance af 58.03 feet ta a capped 1/2" iran rad found for the Southwest comer of the herein described tract and the 5outheast comer of a tract of land described in a deed from Pato Pie, Ilc to the State af Texas as recorded under instrument number 2013-142724 ofthe Real Property Recards of Denton County, Texas; THENCE North Ol degree 16 minutes 00 seconds East with the East line of said State of Texas tract a distance of 9$.50 feet to a capped W' iron rad found for the Narthwest comer of the herein described tract and being the Northeast comer of said State of Texas tract; THENCE South 89 degrees 57 minutes 34 seconds East with the Sauth line of said Lindsey Street a distance af 58.00 feet to the POINT OF BEGINNING and enclosing 0.130 acres af land more or less, is cammonly known as DCAD Praperly ID No. 34080, t �. � : • • � 1! # „ - • •-w .• - �,.. � . � . � * �. • • - . • � �' . . . • ��- �• - -• . *1r ` !- • . , • • • . I ''I , I l: 5. Being Lot l, Block l, of the STAR ADDITION, as recorded in Cabinet H, Page 398, Plat Records, Denton County, Texas. Alsa being the same property addressed at 1223 MCCORMICK ST, Denton, Texas, is commonly known as DCAD Praperly ID No. 35284. • • . �' . • �' , .* . . � . � r . � � ��* •' � . . � . � •- �'� . w'-•r • � � # � . w - � � � . - # - - �. � �� .., . ��. .. • r !- • � - . . . . • r• •. • . � . • , , •• •-• . • • • . � . � . • - � r , • • . • �- • . � . # . � • : • � ''' ' �� ! - • �-� ,• . , . •: '`. - • r � �- • • . . . • . • •- � . * . • ' ' ' � � � � #`` - #.�-� .r . r, . �• . .' '- * � • �- • � . � . � / i • � w • � . r • - � - ' #' �' � . . ;; . • � . , • . � . � . . . . � - � � r • � � . . • _ . . � . . . . � . .� r � • �• • + Thence S 02° 16' 14" E along said West line 174.16' feet to the North line of Greenlee Street, and marked by a 1/2 " iron rad that bears N$9° 55" 24" W 4.52 feet; Thence Southwesterly along said north line 6.60 feet along the arc of a curve non-tangent, radius of 12.5 feet, center of which lies to the North central angle of 30° l4' 06", chord of which bears S72° OS° 54" W 6.52 feet from which a iran rod found bears N 56° 26' 08°' W 4.05 feet; Thence S 87° 53' 06" W alang said Narth line 218.82 feet, from whicli a YL99 iron rod found bears N 01 ° OS' 22" W 12.14 feet; Thence N Ol ° OS' 22" W along tl�e East line af lat l, passing a I/L99 iron rod found at 12.14 feet and continuing for a total distance af 1$3.22 ta the POINT OF BEGINNING, and cantaining 0.92 acres more or less and there terminating, is commonly knawn as DCAD Properry ID Na. 35274. �_ : , , . . • � � �� • . - • .-. , - .,*. . � , . . • � � - ' • • - . • r . , . � • r- , r. - - � , , � � , � , . � . , � # # , I, . I ' , I; � ' '� Being Lot l, Block B, of the W1LLfAMS, as recorded in Volume 343, Page 436, Plat Records, Denton County, Texas. Also being the same property addressed at 903 KENDOLPH ST, Denton, Texas, is commanly known as DCAD Praperly ID No. 39466. Being all that certain lat, tract, or parcel of land situated in the Eugene Puchalski Survey Abstract Number 996 in the City of Denton, Denton County, Texas, being all that certain tract af land conveyed by deed from Live Oak Trust ta Ken Christiansen and Phoebe Christiansen recorded under Clerk's File Number 96-R0060877, Real Property Records, Denton County, Texas, and being inore particularly described as follows: Beginning at a P. K. nail set for comer in Eagle Drive, a public roadway, said point being the northeast comer of Lot 1, Block B of J. S. Williams Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Volume 343, Page 436, Deed Records, Denton County, Texas; Thence East 130.$9 feet with said Eagle Drive to a P. K, nail set far comer in the west line af Avenue C, a public roadway having a right-of-way af 80.0 feet; Thence South 81.00 feet with said west line af said Avenue C to an iron rod found for comer, said point being the nartheast corner of Lot l, Block l, af Christiansen Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet F, Page 163, Plat Records, Denton County, Texas; Thence West 130.$9 feet with the north line af said Christiansen Addition ta an iron rod found for comer in the east line of said J. S. Williams Addition; - - • ; 11 .. ..-. .� .� . ••I• � • -'. -� :- , � • , � 1 � , - • . • • • • , � .I ' ii• I -�I - - 10. All that certain tract or parcel of land lying and being situated in the A. Tampkins Survey, Abstract Number 1246, being all of a tract of land described in the Deed to J.M. Janes recorded in Volume 689, Page 286 of the Deed Records, Denton County, Texas, and being more particularly described as follaws: Beginning at a round 1/2 inch iran pin at the northeast comer of said J.M. Jones Tract, at the intersection of the South line of Lindsey Street and the West line of Bernard Street; Thence South 00 degrees 30 minutes 12 seconds West with the East line of said J.M. Jones tract and the West line af Bernard Street a distance of�5.51 feet to a found 1/2 inch iron pin at the Southeast comer of said J.M. Jones tract and the Northeast comer of a tract of land described in the Deed to Myra K. Pralle et al recorded under Clerk's File Number 94-R0044483 of the Real Property Records, Dentan County, Texas; Thence South 68 degrees 45 minutes 15 seconds West with the South line of said J.M. Jones tract and the North line of sa►d Pralle tract a distance of'90.05 feet to a found 1/2 inch iron pin at the Southwest camer of said J.M. Janes tract and an angle paint in the North line af said f'ralle tract; Thence North Ol degrees Ol minutes 18 seconds East with the West line of said J.M. Janes tract a distance of 97.39 feet ta a found Y2 inch iron rad pin at the Narthwest camer of said J.M. Jones tract on the Sauth line of said Lindsey Street; Thence North $9 degrees 52 minutes 00 seconds East with the North line of said J.M. Janes tract and the South line of Lindsey Street a distance of89.74 feet to the point af beginning, containing 0.200 of an acre of land, is commonly knawn as DCAD Property ID Na. 34079. 1 l. Qeing Lot l, Black A, of the KELSOE NO. 2 ADDITION, as recarded in Cabinet K, Page 210, Plat Records, Denton County, Texas. Also being the same property addressed at 1200 N 135E, Denton, Texas, is commonly known as DCAD Praperly ID No. 34815. 12. Being Lot l, Block l, of the CUMi3ERLAND PRESBYTCRfAN CHILDRENS HOME ADDITION, as recorded in Cabinet F, Page 174, Plat Records, Denton County, Texas. Also being the same property addressed at 1304 BERNARD ST, Denton, Texas, is camman{y known as DCAD Properly ID No. 131080. 13, Being Lot 3, Black 2, af the GREENLEE ADDITION, as recorded in Volume 75, Page 141, Plat Records, Denton County, Texas. Also being the same property addressed at 1107 GREENLEE ST, Denton, Texas, is commonly known as DCAD 1'roperty ID No. 20973. 14. Being a portion of Lot 2, Block A, of the VAJIA ADDITION, as recorded in Cabinet S, Page 56, Plat Records, Denton County, Texas. Also being the same property addressed at 1] 00 N 135 E, Denton, Texas, is cammonly known as DCAD Property ID No. 224493. 15. Being Lot 3, Block 2, of the R E FORD SUBDIVISION, as recorded in Valume 323, Page 539, Plat Records, Denton County, Texas. Also being the same property addressed at 920 LINDSEY ST, Dentan, Texas, is commonly known as DCAD Property ID No. 20880. 16. Being Lat 2, Block 2, af the R C FORD SUBDIViSION, as recorded in Volume 323, Page 539, Plat Records, Denton County, Texas. Also being the same property addressed at 914 LINDSEY ST, Denton, Texas, is commonly known as DCAD Praperly ID No. 20877. 17. Being Block 2, of the R E FORD SUBDIVISION, as recorded in Volume 323, Page 539, Plat Recards, Denton County, Texas. Also being the same property addressed at 1518 BERNARD ST, Denton, Texas, is commonly known as DCAD Properly ID Na. 21083. 18. Being the south 100 feet of Lot l, Black 2, of the R E FORD SUBDIV[S[ON, as recorded in Volume 323, Page 539, Plat Records, Denton Caunty, Texas. Also being the same praperty addressed at 900 LINDSEY ST, Denton, Texas, is commanly known as DCAD Property ID No. 20871. • i . '. ' •' , w . -r . . ; � � . . � . � �* # � -. . �� '. # � � .-�. . . • �.... • .. ..; . � � ." • .�. • • ��. . • . ... � i: . ! ... • � . �' - � .� '. • ♦ �: �.. � l�� i: � r ' • • � ' • . .�• � � - �' ! • �- w • ' - , , • s •-� .r . R '�._ : • - . '`- • � �- • � '- . . � .- • . r, � . . • . � . •- �-� . �--r � -, - � •• • •, . - • �-r • - �. � ., �_ � # _ �.-w ' - • • � �- • • . � ! , . . .- + ��-� •. � �- •-r . ��• • � BEGINNING at a 5/8 inch iron rod found with a Texas Department of Transportation 3-1/4 inch aluminum cap at the intersection of the north line of the Replat of said R.E. Ford Subdivision with the proposed northeasterly right-of-way line of Interstate Highway 35E, from which a 3/$ inch iron rod found at the northwesterly corner of the Replat of said R.E. Ford Subdivision bears Sauth 89degrees 12 minutes 00 seconds West, a distance of 167.52 feet; • .� ,-. -- - !1 - • • . . • � . � . � , r •-• . , s. � • • �� • , r . � � • __ * _ �, _. � � - • . • . • .. r • • w �• • • . i � •� • r •'. • �.. .. � � * * � ,, * , • _ . . �. . � . . THENCE South 00 degrees 46 minutes 44 seconds East along the east line of the Replat of said R.E. Fard Subdivisian, a distance of 142.41 feet to a 5/8 inch iron rod found with a Texas Department of Transportation 3-1/4 inch aluminum cap at the intersection of the east line of the Replat of said R.E. Ford Subdivision with the proposed northeasterly right-of-way line of Interstate Highway 35C; THENCE departing the east line of the Replat of said R.E. Ford Subdivision North 52 degrees 24 minutes 35 seconds West along the proposed northeasterly right-of-way line of Interstate Highway 35E, a distance of 229.32 feet ta the POINT OF QEGINNING and containing 0.2939 acres of land, mare or less, is commanly known as DCAD Properly ID No. 32450. � � i ` � • i � , ' � . � � � � / � , : . � ` � . � � � i r . 1 1 : • f � , . � • i-' � .' , � �M � 1' . i � - . . � � ♦ � � ` ; � . � 4 • ., % �' � � f' % i � i` � � �; � � � � i;M � , . � � � ��` 4�, � . ��' � i� �` �� - �� y �.' � ` . " i ♦�`,� �� . . �� ' � ` . 4 ! ♦ r % � //� % 1; tI ! I ' � C