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Z18-0025dS:\Legal\Our pocuments\OrdinancesU 9�Z18-0025 - Rezoning Revised 080219.docx ORDINANCENO. Z18-0025d AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 2014- 075 TO REMOVE ONE SPECIFIC OVERLAY RESTRICTION ON APPROXIMATELY 8.627 ACRES OF LAND ZONED NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) DISTRICT, GENERALLY LOCATED ON THE NORTH SIDE OF EAST RYAN ROAD, APPROXIMATELY 850 FEET WEST OF TEASLEY LANE, 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO 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. (Z18-0025) WHEREAS, Kimley-Horn Associates, has applied for an amendment to Ordinance 2014- 075 to remove the specific overlay restriction prohibiting the development of multi-family dwellings on approximately 8.627 acres of land legally described in Exhibit "1," attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, on June 19, 2019, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, gave the requisite notices by publication and otherwise, and held full and fair hearings to all property owners interested in this regard, and recommended approval [6-0] of the amendment; and WHEREAS, on July 16, 2019, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; and WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property, determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: �1�i�;` l'I(.)C�l 1 w The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true. SECTION 2. Ordinance 2014-075 is hereby amended to make Overlay restriction "A" from Section 4 of Ordinance 2014-075 inapplicable to the 8.627 acre Property herein described, with the effect that Multi-Family dwellings are no longer prohibited on the 8.627 acre Property; but all remaining provisions of Ordinance 2014-075 shall continue as they apply to the 8.627 acre Property herein described; and all restrictions originally imposed by Ordinance 2014-075 shall continue to apply to the remainder. �� 4�,; ��i�� The Property is subject to the following overlay restrictions� Live Oaks must be planted within the landscape buffer located on the west property boundary. 2. Twenty-five percent (25%) boundary must be covered. of the parking spaces located along the west property SECTION 4. The City's official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 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 not affect the validity of the remaining provisions or applications, and to this end the provisions of this ordinance are severable. "� l� ("'C 1t �11'�J ��. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. 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. SECTION . 8. In compliance with Section 2.09(c) of the Denton Charter, this ordinance ................... shall become effective 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. . , � „ � � �"�� 1��, t�r��r��t��,c� e��t� r�� l��" ��"�:'� ��_�"_� �r ��":mte �„�� ' � ��'J and e�u ��;�i l � �� t� �� ,��:�� .�..... � . ..m,........._ , �� a.�� r��i��+� was passed �� pproved by the following vote [� - �] : Mayor Chris Watts: 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: Aye —l� ✓ ✓ � Nay Abstain Absent �� w `�� . � � �� PASSED AND APPROVED this, the ' ��'�� of �_ d%�" ��. ��" � 2019. CHRIS "�'°i�"l�'V"�, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY ��k�w�� " ��, � �� k� � � ro � � � � ��,�„ �� , � �� ,��'�� "� �� BY: ...�_,:_�,�rc..i,.�� „„. ,�...�.....m.F,��, «_.,.� � ` .�.�..r ........ � � � �� '�'�`� ,�� .a,. � �� a`� � � - � �; r� j 6 APPROVED AS TO LEGAL FORM: "�� , ��`� °� ''� �� ,� � AARON LEAL, CITY ATTORNEY ��`��'��"�� ° ��re,� ��, � � �� ° ��e , µ �� . � � � �„G;�� BY: /s/Jerry E. Drake. Jr. Exhibit 1 Legal Description � � � ; BEING a tract of land situated in the J. Fisher Survey, Abstract No. 421, and being a portion of a called 56.014 acre tract of land as described in a Warranty Deed to Denton West Joint Venture as recorded in Instrument No. 2011-114170 ofthe Official Records ofDenton County, Texas, and being more particularly described as follows: BEGINNING at a PK nail found for the southernmost southeast corner of Teasley Trails Phase III, according to the Minor Amending Plat thereof recorded in Document No. 2017-95 of the Plat Records of Denton County, Texas, same being in an asphalt road, known as Ryan Road, and on the northerly line of a right of way dedication by Forest Meadow, Phase 2 thereof recorded in Instrument No. 3025-268 of the Plat Records of Denton County, Texas, and on the southerly line of said 56.014 acre tract; THENCE North 0"03'08" West, departing the northerly right of way of said Ryan Road, and said southerly line of56.014 acres tract, and along the easterly line ofsaid Teasley Trails Phase III, a distance of 748.35 feet to the northeast corner of Lot 13, Block B, common to the southerly end of the easterly terminus of Hunter's Creek Drive, a 75 foot wide right ofway; THENCE departing the easterly terminus of said Hunter's Creek Drive and crossing said 56.014 acre tract, the following: North 85"39'31" East, a distance of 100.28 feet to a 5/8 inch iron rod with plastic cap stamped "KHA set for corner; North 89"56'52" East, a distance of 337.65 feet to a 5/8 inch iron rod with plastic cap stamped "KHA set for corner; South 0"34'00" West, a distance of 32.65 feet to a point for corner; South 33"44'48" East, a distance of48.26 feet to a point for corner; South 1"59'14" East, a distance of 46.51 feet to a point for corner; South 18"38'41" East, a distance of33.53 feet to a point for corner; South 46"53'00" East, a distance of25.21 feet to a point for corner; South 72"48'05" East, a distance of 38.33 feet to a point for corner; South 43"28'47" East, a distance of30.63 feet to a point for corner; South 13"51'18" East, a distance of23.74 feet to a point for corner; South 36"05'47" East, a distance of 22.52 feet to a point for corner; South 3"51'07" East, a distance of 59.87 feet to a point for corner; South 10"31'02" West, a distance of 108.30 feet to a point for corner; South 13°53'08" West, a distance of 57.59 feet to a point for corner; South 31 °21'21" West, a distance of 50.47 feet to a point for corner; South 22°59'38" West, a distance of 90.75 feet to a point for corner; South 40°09'01" West, a distance of 105.89 feet to a point for corner; South 0°44'31" East, a distance of 74.60 feet to a point for corner on the northerly right of way of aforesaid Ryan Road and the northerly line of Hickory Creek Heights according to the Final Plat thereof recorded in Cabinet N, Page 101 of the Plat Records of Denton County, Texas and on the southerly line of said 56.014 acre tract; THENCE South 88°45'51" West, along the northerly right of way line of said Ryan Road, the northerly line of said Hickory Creek Heights, the northerly line of a called 0.333 acre tract of land described in a deed to the City of Denton, as recorded in Instrument No. 2014-91669, aforesaid right of way dedication by Forest Meadow, Phase 2, and said southerly line of 56.014 acre tract, a distance of 412.33 feet to the POINT OF BEGINNING and containing 8.627 acres (375,812 square feet) of land, more or less.