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ZCI20-0001cS:\legal\ourdocuments\ordinances\20\ZC120-0001 Loop 288 property ORDmANCENO ZC120-OOOIC AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONDVG DISTRICT AND USE CLASsnicATioN FROM SUBURBAN CORRIDOR (SC) TO A PUBLIC FACILITBS (PF) ZONING DISTRICT, ON APPROXIMATELY 5 ACRES OF LAND, GENERALLY LOCATED WEST OF LOOP 288, APPROXIMATELY 900 FEET SOUTH OF AUDRA LANE, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICAL ZONING MAP; PROVDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (ZC120- 0001) WHEREAS, the City of Denton, has requested for a zoning change on approximately 5 acres of land legally described in Exhibit “A,” attached hereto and incorporated herein by reference, (hereinafter, the “Property”) from Suburban Corridor (SC) to a Public Facilities (PF) zoning district and use classification; and WHEREAS, on October 7, 2020, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (7-0) of the amendment; and WHEREAS, on November 10, 2020, 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 2.7.2 of the Denton Development Code, and is consistent with the Denton Plan 2030 and the Denton Development Code; 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 Suburban Corridor (SC) to a Public Facilities (PF) Zoning District. 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. 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. The motion to approve this ordinance was made by %SSe by : S and seconded by \) &\.> n( fbi (\+or , the ordinance was passed and approved bythe following vote n - a : Aye ./ I Nay Abstain Absent Chris Watts, Mayor: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2:a J ./ ./ U/ Jessie Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the L oth day of IJoq eJbbC(. 2020 C€4AYOR – By: Mayor Pro Tem Hudspeth Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORN Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION BEING all that certain lot, tract or parcel of land situated in the MEP & PRR COMPANY SURVEY, Abstract No. 927, Denton County, Texas, and being described in General Warranty Deed from Baron Investments, LTD. to Saratan Corporation I, dated July 23, 2004 and recorded under Instrument No. 2004-98930, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 inch iron od for the southwest corner of the herein described tract of land, same being the southeast corner of Lot 1, Block A, Audra Lane Addition, an Addition to the City of Denton, Denton County, Texas, according to the Plat recorded under Instrument No. 2013-311, Deed Records, Denton County, Texas and in the north boundary line of that certain tract of land described in Warranty Deed from Russell Newman Manufacturing Company, Inc. to Martino Realty Limited Partnership, dated February 23, 2007 and recorded under Instrument No. 2007-22953, Deed Records, Denton County, Texas; THENCE North 00 degrees 36 minutes 33 seconds East, in the east boundary line of said Lot 1, a distance of 470.66 feet (470.00 feet by deed) to a found 3/4 inch iron rod for corner; THENCE South 89 degrees 21 minutes 24 seconds East, in the common boundary line between said herein described tract of land and that certain tract of land described in Special Warranty Deed from G. Grad Grant et al, to the City of Denton, dated November 13, 2012 and recorded under Instrument No. 2012- 129326, Deed Records, Denton County, Texas, a distance of 358.07 feet (358.33 feet by deed) to a found 1/2 inch iron rod for corner; THENCE North 00 degrees 46 minutes 17 seconds East, continuing in the common boundary line between said herein described tract of land and said City of Denton tract of land, a distance of 3.45 feet (3.27 feet by deed) to a found 1/2 inch iron rod for corner; THENCE South 89 degrees 03 minutes 27 seconds East, continuing in the common boundary line between said herein described tract of land and said City of Denton tract of land, a distance of 129.24 feet (129.39 feet by deed) to a found 5/8 inch iron rod for corner, same being in the west right-of-way line of N. Loop 288 and from which a found 1/2 inch iron rod bears South 41 degrees 15 minutes 42 seconds East, a distance of 1.15 feet; THENCE South 03 degrees 33 minutes 53 seconds West, continuing in the west right-of-way line of N Loop 288, a distance of 319.91 feet (322.71 feet by deed) to a set 5/8 inch capped iron rod for corner; THENCE South 12 degrees 29 minutes 34 seconds West, continuing in the west right-of-way line of N Loop 288, a distance of 101.10 feet to a found TX DoT disk in concrete for corner; THENCE South 04 degrees 46 minutes 51 seconds West, continuing in the west right-of-way line of N Loop 288, a distance of 55.71 feet (53.50 feet by deed) to a found 1/2 inch iron rod for corner; THENCE North 89 degrees 17 minutes 01 seconds West, departing said N. Loop 288 and in the common boundary line between said herein described tract of land and the aforementioned Martino Realty Limited Partnership tract of land, a distance of 445.95 feet (446.09 feet by deed) to the POINT OF BEGINNING and containing 5.106 acres (222,429 square feet) of land, more or less.