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ZCI19-0039aS:\Legall(:Dcs¢ �ocuarrryrs[;,\4}rc3ir��urea.;es\I�\7:C;I�9..Oar#�.ciocn •'1 � • • �� •, � ,�� , � � � � . . � _ � ' • � . , ! '# :•' •#�' � � � , • ' : ' : � •'' �!" • a' ' , � • � • 1 l � '' 1 •' � • . � • '' • � �. � . � . ; ����� � . ... # . � . , . � . '' � • • � • ••' :: . ..;. � . ,�� ' �, .' ��. . ! 1 � � � # , � � � . � <. ..i r �' . ' ' ' � � • �, i�i �� •• • . �, • • •. • � •. . . : . � .; . �. . �� . WHEREAS, the City of Denton is initiating a change in the zoning district and use classification from Neighborhood Residential Mixed Use (NRMU} ta the Suburban Corridor (SC) zoning district and use classification defined under the 2019 Denton Development Code (Ordinance DCA18-0009q) on approximately 5.05 acres of land legally described in Exhibit "A" and generally depicted in the map in Exhibit "B," both af which are attached hereta and incorporated herein by reference (hereinafter, "the Property"); and WHEREAS, on June 26, 20l 9, the Planning and Zoning Cammission, in campliance with the laws of the State of Texas, after giving the requisite notices by publicatian and atherwise, and after holding due full and fair hearings and to all property owners interested in this regard, has recammended approval7-0 of the change in the zoning district and use classification; and WHEREAS, on July 23, 2019, the City Council likewise conducted a public hearing as required by law, and upan consideratian, the City Council hereby finds that the request is consistent with the Denton Plan, the 2019 Denton Develapment Code (Ordinance DCA18-0009q), and federal, state, and local law; and WHEREAS, the Planning and Zaning Commission and the City Cauncil, in considering the change in the zoning district and use classification, have determined that the praposed change is in the best interest of the health, safety, morals, and general welfare of the City of I7enton and 1tS C1t1ZeI1S; 1riC� WHEREAS, the City Council af the City af Denton finds that the change in the zoning district and use classification shauld be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: �l-��r [„f��T� �, The findings and recitations contained in the preamble ofthis ordinance are incorporated herein by reference and found to be true. �,1�(_ [ I�(��1� �mm The zaning district and use classification for the Property is hereby changed fram Neighborhood Residential Mixed Use (NRMU) to the Suburban Corridor (SC) zoning district and use classificatian defined by the 2019 Denton Development Code (Ordinance DCA 18-0009q). ��"� �'.1�.;:)1�,1 w�, The City's official zoning map is hereby amended to show the zaning district and use classification. ���� �`��4�;�'J� ���. Any person, firm, entity or corporation violating any provision of this ordinance shall, upan conviction, be fined a sum not exceeding $2,000.00 for each vialation. Each day that a provisian af this ordinance is vialated shall constitute a separate and distinct offense. The penal provisians impased under this Ordinance shall not preclude Denton from filing suit to enjoin the violatian and it retains all legal rights and remedies available to it under local, state and federal law. '�i �' r��l�� m��, 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 provisians or applications, and to this end the pravisions of this ordinance are severable. SECTI(7N 6. That an offense cammitted 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 fonner law is continued in effect for this purpose. �1.^C"`I"]�;�N 7. In compliance with Section 2.09(c) of the Dentan Charter, this Ordinance shall take effect on October 1, 2019, a date mare 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-Chranicle, a daily newspaper published in the City of Dentan, Texas, within ten (10} days of the date of its passage. � „i..����° �����s���a�a u�� r�a���°����� 1(��� ���•�ii������mc� �r���w M����►de by ��e�'��,��" ��°.������':.. .. and secona.i�a�� t~�y �"��� ;� v���� �� ��.�" �'��� �"� -- ,� the orcii��������a: �nr�r� ��� �1 ������t� ��1�����;���wr�d by the fol��:r�i���� �a���a � �,;- ��,� �� - - 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 S: Paul Meltzer, At Large Place 6: ��,��;���i:�� Ahsent � PASSED AND APPROVED this the � ��� �� day of ������ ��^"�� �� 2019�, � �° �� � '� �; ,r�.. � � ; �� � � . � - �—. �— ......... . . C: � I i� i ���. "�," ��1: �� ���, MAYOR � . ........... ....... .... ATTEST: ROSA RIOS, CITY SECRETARY ��� '�� ������� �. , G���� � re ` � n �+a�.p �w �a "`' � A md'°b���; � � � � ( � Y BY r� � � �� �� ��� „r� ��d "�r � ? '��� �,�� � ���m� ----- "� ����,� � � �. a�"��r��� „�,��..,. c re� n,�� rv A �—�;,�" a,.� � v k�'� . n a i . ,„„,,, " d" N �fi ���� j� �I( ��pl�� ��/� '„�. APPROVED AS TO LEGAL FORM:°� o� ,„� ;�o � � ay -,�;,P, AARON LEAL, CITY ATTORNEY ���� � � ������`" � � ���� BY: /s/Jerrv E. Drake, Jr. BEING a tract of land situated In the MEP & PRR Company Survey Abstract no. 927, Denton County, Texas, and being a part of a called 31.491 acre tract of land as described by deed to Clinton W. Twaddell, John L Dawson and Hubert G. Driggs, as recorded in Valuine 573, Page 656, of the Deed Records of Dentan Caunty, Texas, and being that same tract of land as described by deed ta Barron Investments, LTD., as recorded in �olume 4141, Page 1655, af the Real Praperty Records of Denton County, Texas, and being more particularly described as followsg BEGINNING at a 1/2 inch iron rod found at the northeast camer of said to Barran Investments Ltd., tract, and the mast easterly Southeast camer of a tract af land as described by deed ta .A. Grant Jr., s recorded under County Clerk File number 93-R0081550, of the Real Property Recards af Denton County, Texas same being in the west line of State Highway Loop 288 (a variable width right-of-way); THENCE in a southerly directian with the west line of said Loop 288, the fallawing caurse and distances; South 03°34'349g West, a distance of 322.71 feet to a State Highway Monument for corner; South 12°29'3499 West, a distance of 101.10 feet to a State Highway Monument for corner; South 04°28°34" West, a distance af 53.50 feet to a%z inch iron rod found at the northeast corner of a tract of land described by deed to the Greater Denton Arts Council, as recorded in Volume 11$4, Page 581, af the Deed Recards of Denton County, Texas; THENCE North 89° 17'O l" West, with the north line of said Greater Denton Arts Cauncil tract, a distance of 446.09 feet to a 1/2 inch iron rod found at the most south8fly southeast comer af said Grant tract: THENCE North 00°33'00" East, with the east line of said Grant tract a disiance of 470.00 feet to a to a 1/2 inch iran rod found for an ell corner of said Grant tract; THENCE South 89°26'S494 East, with the south line of said Grant tract a distance of 3�8.33 ta a 1/2 inch iron rod found for corner; THENCE North 00° 19'0699 East, with a easterly line if said Grant tract a distance of 3.27 feet to a 1/2 inch iron rad found for a corner; THENCE South 89°26'4599 East, with the south line of said Grant tract a distance of 129.39 feet to the POINT OF BEGINNING and containing 5.106 acres of land more or 1ess, and being subject to any easements that may affect, is commonly known as DCAD Property ID No. 35796 Exhibit B