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Z20-0002dS:\Legal\Our Documents\Ordinances\20\Z19-0012 - Canopy Trails Rezoning Upon Reconsideration Final.Docx ORDINANCE NO. Z20 -0002d AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM LIGHT INDUSTRIAL (LI) AND GENERAL OFFICE (GO) TO MIXED-USE REGIONAL (MR) WITH OVERLAY CONDITIONS ON APPROXIMATELY 98 ACRES, INCLUDING ONE ACRE GENERALLY LOCATED AT THE NORTHWEST INTERSECTION OF SOUTH LOOP 288 AND SHADY OAKS DRIVE (TRACT 1); 72.76 ACRES LOCATED AT THE SOUTHWEST CORNER OF SOUTH LOOP 288 AND SHADY OAKS DRIVE (TRACT 2), AND 24.14 ACRES LOCATED ON THE SOUTH SIDE OF SHADY OAKS DRIVE (TRACT 3), LOCATED APPROXIMATELY 1900 FEET WEST OF SOUTH LOOP 288, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z19-0012) WHEREAS, Medjano Partners, has applied for a zoning change on approximately 98 acres of land legally described in Exhibit "A," attached hereto and incorporated herein by reference (hereinafter, the "Property"), from Light Industrial (LI) and General Office (GO) Districts to Mixed -Use Regional (MR) District zoning district and use classification; and WHEREAS, on March 4, 2020, 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 a public hearing and afforded a full and fair hearing to all property owners interested in this regard, and recommended approval (6-0) of the amendment; and WHEREAS, on June 16, 2020, the City Council likewise conducted a public hearing as required by law and approved the request, finding that the zoning change meets and complies with all substantive and procedural standards set forth in Section 2.7.2 of the Denton Development Code, and is consistent with the Denton Plan 2030 and the Denton Development Code; WHEREAS, on June 23, 2020, the City Council approved the motion to reconsider the zoning change; and WHEREAS, on July 21, 2020, the City Council conducted a public hearing as required by law to reconsider the zoning change. Upon reconsideration, the City Council finds that the zoning change meets and complies with the Denton Development Code and is consistent with the Denton Plan 2030; 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, have 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: SECTION 1. 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 Light Industrial (LI) and General Office (GO) Districts to Mixed -Use Regional (MR) District with the following overlay conditions: 1. No more than 75% of the gross land area (98 acres) may be dedicated to multi- family as a single use (includes entire Development Impact Area). 2. Karina Street must be extended to the west to connect to Brinker Road as a 50 -foot road with 2 lanes and parallel parking with reduced speeds to be pedestrian friendly. 3. Brinker Road must be constructed as a 50 -foot road with 2 lanes and parallel parking (total of 65 feet of right-of-way) with reduced speeds to be pedestrian friendly. 4. Street trees are required between the curb and sidewalk at a rate of one per 30 linear feet on average. 5. Legally parked parallel parking along Neighborhood streets may count toward minimum parking for the abutting lot. 6. Loading areas, even those located along the rear of a lot must be screened with one large canopy tree at mature growth, with a minimum 3.5" caliper, to grow at maturity planted every 40 linear feet on average and a minimum three-foot high continuous hedge of evergreen shrubs. 7. Multifamily Dwelling uses require that any ground floor fronting a Brinker Road and Karina Street shall have a minimum wall height of 12 feet. SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district and use classification. SECTION 4. 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 provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. 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 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. SECTION 7. 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 - Page 2 of 3 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 made by GZXc—,r s H V JSDe+h and seconded by j c> \-\,C\ ky CA_ , the ordinance was passed and approved by the following vote tq - 3 ] : PASSED AND APPROVED this, the 21 S'r day of To , 2020. 0)') O'A'l CHRIS TTS, MAYO ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: K--Zqj 0 '/ V ) �p � NZ7_ '_� LI/ Page 3 of 3 A N Aye Nay Abstain Absent 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: _ PASSED AND APPROVED this, the 21 S'r day of To , 2020. 0)') O'A'l CHRIS TTS, MAYO ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY BY: K--Zqj 0 '/ V ) �p � NZ7_ '_� LI/ Page 3 of 3 A N Exhibit A PART 1 BEING a tract of land situated in the MARYL. AUSTIN SURVEY, Abstract No. 4, situated in the City of Denton, Denton County, Texas and embracing all of Exhibit A, Part 1, being a 72.761 acre tract of land described in the deed to Medanjo Partners, Ltd., as recorded in County Clerk Document No. 2015-764 of the Real Property Records of Denton County, Texas and being more particulariy described as follows: BEGINNING at a 5/8" iron rod found at the southeast corner of said 72.761 acre tract, the northeast comer of Lot 2-R of MID STATES REALTY SUBDIVISION, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet Q, Page 8 of the Plat Records of Denton County, Texas and being in the west right-of-way line of Loop 288 (having a variable width right-of-way); THENCE North 88'00'31" West, along the south line of said 72.761 acre tract and the north line of said Lot 2-R, to and along the north line of the 14.48 acre tract of land described in the deed to Carton Services Corporation as recorded in County Clerk Document No. 2009-82990 of said Real Property Records, a distance of 994.90 feet to a 5/8" iron rod found forthe northwest comer of said 14.48 acre tract and the northeast corner of a 17 acre tract of land described in the deed to American Legion Post #71 as recorded in Volume 561,Page 464 of said Real Property Records; THENCE North 87"54'09" West, along the south line of said 72.761 acre tract and the north line of said 17 acre tract, a distance of 570.78 feet to a%" capped iron rod found marked "WAin for the southwest comer of said 72.761 acre tract and the southeast corner of Brinker Road right-of-way as dedicated in County Clerk Document No. 2008-21943 of said Real Property Records; THENCE generally northerly along the west line of said 72.761 acre tract and the east right-of-way line of said Brinker Road the following: North 2°01'37" West, a distance of 1303 52 feet to a W capped iron rod found marked "WAI"; South 87'55'08" West, a distance of 21.23 feet to a'/" capped iron rod found marked "WAI"; North 2°04'52" West, a distance of 308.70 feet to a W capped iron rod found marked "WAI" for a northwesterly comer of said 72.761 acre tract and the southerly corner of a comer clip for said east right-of-way line of Brinker Road and the southerly right- of-way line of Shady Oaks Boulevard as dedicated in said County Clerk Document No. 2008-21943 (having a variable width right-of-way); THENCE North 32"38'59" East, along said corner clip, a distance of 61.48 feet to a'/" capped iron rod found marked "WAI" for a northwesterly corner of said 72. 761 acre tract and the easterly corner of said corner clip and being in said southerly right-of-way line of Shady Oaks Boulevard; THENCE generally easterly along the north line of said 72. 761 acre tract and the south right-of-way line of Shady Oaks Boulevard the following: North 82°55'08" East, a distance of 337.62 feet to a point at the beginning of a tangent curve to the left; along said curve to the left, having a central angle of 20°40'27", and arc length of 380.68 feet, a radius of 1055.00 feet, and a long chord bearing and distance of North 72034'53" East, 378.62 feet to a to a W capped iron rod found marked "WAI"; South 27°45'20" East, a distance of 20.00 feet to a%' capped iron rod found marked "WAI" at the beginning of a non -tangent curve to the left; along said curve to the left, having a central angle of 3"09'06", an arc length of 59.13 feet, a radius of 1075.00 feet, and a long chord bearing and distance of North 60"40'07" East, 59.12 feet to a'/2 - capped iron rod found marked "WAI' North 59°05'34" East, a distance of 319.62 feet to a %" capped iron rod found marked "WAI" at the beginning of a tangent curve to the right; along said curve to the right, having a central angle of 7"58'55", an arc length of 114.93 feet, a radius of 825.00 feet, a chord bearing and distance of North 63°05'01" East, 114.84 feet to a'/" capped iron rod found marked "WAI" North 22'55'33" West, a distance of 20.00 feet to a'/" capped iron rod found marked "WAI" at the beginning of a non -tangent curve to the right: along said curve to the right, having a central angle of 27"38'25", an arc length of 407 .64 feet, a radius of 845.00 feet, and a chord bearing and distance of North 80°53'40" East, 40370 feet to a'/" capped iron rod found marked "WAI" South 85u17'08" East, a distance of 145.81 feet to a'/" capped iron rod found marked "WAI" for a northeasterly comer of said 72 .761 acre tract and the westerly corner of a corner clip for said southerly right-of-way line of Shady Oaks Drive and said westerly right-of-way line of Loop 288; THENCE South 40"17'08" East, along said corner clip, a distance of 24. 76 feet to a'/" capped iron rod found marked -WAI" for a northeasterly corner of said 72. 761 acre tract and the southerly corner of said corner clip and being in said westerly right-of- way line of Loop 288; THENCE southerly along the easteriy line of said 72.761 acre tract and said westerly right-of-way line of Loop 288 the following: South 1 °57'03" West, a distance of 490.66 feet to a'/" iron rod found from which a rejected aluminum cap monument bears South 37°23'05" West, a distance of 2.90 feet; South 1u15'52" West, a distance of 376.89 feet to a'/" iron rod found from which a rejected aluminum cap monument bears South 23u23'07" West, a distance of 3.87 feei South 0°55'59" West, a distance of 460.72 feet to a '/" capped iron rod found marked "WAI"; for a northeasterly corner of said 72. 761 acre tract and the southerly corner of said corner clip and being in said westerly right-of- way line of Loop 288; THENCE southerly along the easteriy line of said 72.761 acre tract and said westerly right-of-way line of Loop 288 the following: South 1 °57'03" West, a distance of 490.66 feet to a'/" iron rod found from which a rejected aluminum cap monument bears South 37°23'05" West, a distance of 2.90 feet; South 1 u15'52" West, a distance of 376.89 feet to a'/" iron rod found from which a rejected aluminum cap monument bears South 23u23'07" West, a distance of 3.87 feei South 0055'59" West, a distance of 460.72 feet to a'/" capped iron rod found marked "WAI'; South 1 "25'37" West, a distance of 467.35 feetto a %" capped iron rod found marked "WAI" atthe north corner of said 0.064 of an acre tract, and the beginning of a tangent curve to the right; along the west line of said 0.064 of an acre tract and said curve to the right. having a central angle of 7'18'46", an arc length of 358 09 feet, a radius of 2805 59 feet, and a long chord bearing and distance of South 5005'09" West, 357 85 feet POINT OF BEGINNING and containing 72. 7612 acres or 3,169,477 square feet of land. PART 2 BEING a tract of land situated in the MARYL. AUSTIN SURVEY, Abstract No. 4, situated in the City of Denton, Denton County, Texas and embracing all of Exhibit A, Part 2, being a 1.000 acre tract of land described in the deed to Medanjo Partners, Ltd., as recorded in County Clerk Document No. 2015-764 and being more particularly described as follows: BEGINNING at a'/" capped iron rod found marked "WAI' for the northeast corner of said 1.000 acre tract and the southeast corner of the 1.54 acre tract of land described in the deed to Leslee Ann Hitt, as recorded in County Clerk Document No. 99- 0122248 of said Real Property Records and being in the west right-of-way line of Loop 288 (having a variable width right-of-way); THENCE South 0"23'45" West, along the east line of said 1.000 acre tract and said west right-of-way line of Loop 288, a distance of 91.44 feet to a%" capped iron rod found marked "WAI" for a southeasterly comer of said 1.000 acre tract and the northerly corner of a corner dip for said westerly right-of-way line of Loop 288 and the northerly right-of-way line of Shady Oaks Boulevard; THENCE South 49'42'52" West, along said corner clip, a distance of 24.07 feet to a'/2' capped iron rod found marked "WAI" for a southeasterly corner of said 1.000 acre tract and the southerly corner of said corner clip and being in said northerly right-of-way line of Shady Oaks Boulevard; THENCE generally westerly along the south line of said 1.000 acre tract and said northerly right-of-way line of Shady Oaks Boulevard the following: North 85"17'08" West, a distance of 136.86 feet to a point at the beginning of a tangent curve to the left; along said curve to the left, having a central angle of 15"'51 '56", an arc length of 264.45 feet. a radius of 955.00 feet, and a long chord beanng and distance of South 86"46'54" West, 263.60 feet to a'/" capped iron rod found marked "WAI" for the southwest comer of said 1.000 acre tract; THENCE North 1" 4024" East, along the west line of said 1.000 acre tract, departing said northerly right-of-way line of Shady Oaks Boulevard, a distance of 122.73 feet to a'/" capped iron rod found marked "WAI" for the northwest comer of said 1.000 acre tract; THENCE South 88' 19'32" East, along the north line of said 1.000 acre tract, to and along the south line of said 1.54 acre tract, a distance of 415.17 feet to the POINT OF BEGINNING and containing 1.0000 acres or 43,560 square feet All bearings shown are expressed as grid bearings (Texas Coordinate System of 1983, Zone 4202 , NAO 83 Datum), as determined by GPS observations, All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.999849393 PART 3 Being a tract of land in the Mary L. Austin Survey, Abstract No. 4, in the City of Denton, Denton County, Texas, being a part of that called 318.937 acre tract of land described in Special Warranty Deed to Staff Realty, Inc., as recorded in Document No. 94-R0006845 in the Deed Records of Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: BEGINNING at a 5/8 -inch found iron rod with cap stamped "TNP" for the northeast corner of Lot 1, Block A of the Brinker Substation Addition, an addition to the City of Denton, Denton County, Texas, as recorded in Document No. 2017-439 in the Plat Records of Denton County, Texas, being on the south line of that called 14.887 acre tract of land described as Parcel 2 in Street Right of Way Deed to the City of Denton as recorded in Document No. 2008-21943 in the Official Records of Denton County, Texas, and being on the south right-of- way line of Shady Oaks Drive (variable width right-of-way), and being on a circular curve to the left, having a radius of 885.00 feet, whose chord bears North 89 degrees 21 minutes 54 seconds East, a distance of 39.90 feet; THENCE Northeasterly, along said south right-of-way line and along said circular curve to the left, through a central angle of 02 degrees 35 minutes 01 second, an arc length of 39.90 feet to a set cut "X" for corner; THENCE South 01 degree 54 minutes 19 seconds East, continuing along said south right-of-way line, a distance of 39.91 feet to the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 925.00 feet, whose chord bears North 85 degrees 31 minutes 44 seconds East, a distance of 84.19 feet; THENCE Northeasterly, continuing along said south right-of-way line and along said circular curve to the left, through a central angle of 05 degrees 13 minutes 01 second, an arc length of 84.22 feet to a 1/2 -inch set iron rod with yellow plastic cap stamped "HALFF" (hereinafter referred to as "with cap") for corner; THENCE North 82 degrees 55 minutes 27 seconds East, continuing along said south right-of-way line, a distance of 85.17 feet to a 1/2 -inch set iron rod with cap for corner; THENCE North 07 degrees 04 minutes 50 seconds West, continuing along said south right-of-way line, a distance of 10.00 feet to a 1/2 -inch set iron rod with cap for corner; THENCE North 82 degrees 55 minutes 10 seconds East, continuing along said south right-of-way line, a distance of 195.14 feet to a 1/2 -inch set iron rod with cap for corner; THENCE North 07 degrees 04 minutes 50 seconds West, continuing along said south right-of-way line, a distance of 60.00 feet to a 1/2 -inch set iron rod with cap for corner; THENCE North 82 degrees 55 minutes 10 seconds East, continuing along said south right-of-way line, a distance of 205.97 feet to a 1/2 -inch set iron rod with cap for the north end of a corner clip between said south right-of-way line and the west right-of-way line of Brinker Road (variable width right-of-way); THENCE South 42 degrees 05 minutes 50 seconds East, departing said south right-of-way line and along said corner clip, a distance of 31.10 feet to a 1/2 -inch set iron rod with cap for corner; THENCE South 02 degrees 04 minutes 50 seconds East, departing said corner clip and along said west right- of-way line, a distance of 369.72 feet to a 1/2 -inch set iron rod with cap for corner; THENCE South 87 degrees 55 minutes 11 seconds West, continuing along said west right-of-way line, a distance of 11.70 feet to a 1/2 -inch set iron rod with cap for corner; THENCE South 02 degrees 04 minutes 50 seconds East, continuing along said west right-of-way line, a distance of 1,247.72 feet to a 1/2 -inch set iron rod with cap for corner on the south line of said called 318.937 acre tract of land and being the northeast corner of that called 56.063 acre tract of land described in Warranty Deed to N. Alex Bickley, Trustee as recorded in Volume 987, Page 548 D.R.D.C.T.; THENCE North 87 degrees 53 minutes 47 seconds West, departing said west right-of-way line and along the common south line of said called 318.937 acre tract of land and the north line of said called 56.063 acre tract of land, a distance of 742.25 feet to a 5/8 -inch found iron rod for the southeast corner of said Lot 1; THENCE North 02 degrees 49 minutes 23 seconds East, departing said common line and along the east line of said Lot 1, a distance of 1,517.96 feet to the POINT OF BEGINNING AND CONTAINING 1,051,389 square feet or 24.14 acres of land, more or less.