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S20-0011ORDINANCE NO.S20-0011 AN ORDINANCE OF THE CITY OF DENTON EXTENDING THE APPROVAL PERIOD FOR A SPECIFIC USE PERMIT FOR A MANUFACTURED HOUsnqG PARK ORIGINALLY APPROVED VLA ORDINANCE S17-OO08D FOR AN APPROXIMATELY 126.1-ACRE PROPERTY GENERALLY LOCATED NORTH OF EAST MCKINNEY STREET AND WEST OF SOUTH TRINITY ROAD IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PRoviDnqG FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTrVE DATE (S20- 0011) WHEREAS, Chris Fairleigh of Holigan Communities, on behalf of the property owner, The Woodlands on McKinney St, LLC, has submitted a request to extend the approval period for the Specific Use Permit (“SUP”) for a Manufacture Housing Park on approximately 126.1 acres, originally approved on January 8, 2019 as Ordinance Number S17-0008d, legally described in Exhibit “A“ attached hereto and incorporated herein by reference (hereinafter, the “Property”); and WHEREAS, Section 2.5.2C.6.a of the Denton Development Code provides for the expiration of a Specific Use Permit if the authorized use or construction is not substantially underway within 24 months after the date of approval unless an extension is granted; and WHEREAS, Sections 2.5.2 and 2.4.8D of the Denton Development Code authorize the City Council, being the original approval body, to grant an extension of the approval period for a SUP for a period of up to one year for good cause; and WHEREAS, on January 5, 2021, the City Council conducted a public meeting, and finds that the request meets and complies with all substantive and procedural standards set forth in the Denton Development Code, and is consistent with the Denton Plan 2030; and WHEREAS, the City Council of the City of Denton, in considering the request for an extension of the SUP previously approved for the Property, has determined that there is good cause to authorize the extension of the approval period for one year and that the requested extension 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 extension is in the public interest and should be granted as set forth herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAnvs: 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 approval period for the SUP originally approved as Ordinance S17- 0008d is hereby extended until January 8, 2022, which is a period of one year from the date of original expiration, January 8, 202 1. SECTION 3. The City’s official zoning map is hereby amended to show the established 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 $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 6. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. „..du5n;=di"’"' "” '"’%:=/:: the following vote [3 - D ]: Aye NIa ,' Abstain Absent Gerard Hudspeth, Mayor:vr 7 Z ./ V/ I Birdia Johnson. District 1 : Connie Baker, District 2: Jesse Davis, District 3 : John Ryan, District 4: Deb Armintor, At Large Place Paul Meltzer, At Large Place 6: 202 1day of n mXD-mA PASSED AND APPROVED thi, th, StA Page 2 of 3 ATTEST: ROSA RIOS, CITY SECRETARY It\11111111 APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY „. d„,£akJ§§:::=::::, Page 3 of 3 Exhibit A Legal Description FIELD NarE DESCRiPrION THE WOODLANDS SUP DKF18rr W 126.130 AGnES BEING a hui at hnd 9ttrntul in itn IAxe8u RxB8t Swey, ABtr8d Nwrdw 417, h the Wtf DeNIm, Da&n Ct>unty, Twa$arxJ boing a ponbn tf But tract aF laId axmpd b andes David Mulk8y accordIng to tha ckx:uKwrt fIM c#mxxdul in Volwrw 435, Fhge 4D cf Iba Chad RuxxU s at [halal County, Tom& and tBlng a portIon d that bad d land mwayed to Tmd9 MIkey Y8rbrcx#1, Cwi8 Mulkay McK6ath8n arId VIckIe Muikay Whlean, axxmling to the axxxrnnt fled of mma in County Clerk Flo Nunin 2012-146251, Real Property R6txxd3 tf [bIllin Gaudy, Tom ani EwIng dI tlut traX d laId wrwy8d ta Tnt# Mulk8yYarbEx8t\ (bm© RAllk9y W8alhn and VickIe hAlk8y R&XRwn @aard® bendxwn8a Bold of noold in ccxxltyaak RIo b&lmlnr9&<X121 cm, Red FIVetyRnxxtis d ChIlton County, Tow, saId trad tHrU #we p6rtlwlnly dwHM as RikU BEGINMNG at pant in the wwt Hru aITarity RMa, a 6C>RxX rW<f.wy,krtlte most 80uthatymlttHagt mrm alan traX of larxI dwHbRl hash; THENCE NcHh 83'404YWut, a dlstua8 af 1484.92 feet ba paIM hr mrM THENCE SIXth 1'51BCF West, pnshu at a djgtuln tf 822.18 fed a pdR in the ncxth Bre cf that tract of laId c}wxitwd in CaLm Nw7rtnr B&129, OHhal PubIIc Roaxd9 cfD#Ibn C#aMy, Taas, mntinulng bra tM dtsturm of 898.29 Mb a pdntforwn8q THENCE Swth I'W41- West, a dtsbrIce cf 170.77 foot to a pc$rd in the rxxthoast8ay IIna of East McKInney Street, a.ka. F.Nt426; THENaE FkHh 55'3Z0© West, with said Bru, a distanw af 555.64 lwt to a point fu mIIK THENCE Ncxth 54'470© West, Wh saId Km, a distan@ of 43&45 fed to a pc#rtfwwn© at tIn bqlntlty cfa curw to tIn right, tnvlng 8 ragt8 d 5679.62 fM 8 wdM angle a C)(F51'2B! and a ctwd tnutng arId cIstan@ of bbrth 52'31'51- West, 85.eH @ THENCE %th uH llrn and arw to the rIght an are djgtanaa af 85.CH lwt to a pdnt Rxoom% THaK:E North 51'4W- West, with said Hr8, a di$t8rm af 568.26 fed to a pdnt fw CXXIW in BB ncxttw$taty IIB dad East NH<lnfHyStrwt. aka F.h£4a&n THENCE N<xth 23e4g East, leaUng ad IIne, a cl8t8rw af 1318.87 feet to a point Rx axnH THanE $wth 87'58'53- East, a cjgtantn cX 1424.55f06t ta a pcint fu a>anc THENeE NcHh 224'lg East, a tlstarx8 af 123207 Mb a point for mrM THENCE $cxrth 88'21'43- East, a di$tarw cf 863.84 feat to a pant kx nrrM THENCE ScxXh l•42ZF West, 8dUaw cf 7az71 tbd to a poInt Rr mrM THENCE $rxXh 8e14'KF Ebd, 8 cIRarm d 322.02 Mb 8 Wd erWIn THanE StxXh 715'5g West 6dBtarm cf540.CX3 fed to a poInt RxwrH THEIKiE ScxXh 8F485Y Ead, a dbt8rm cf2CH.22 ledbapdntkrwrnc THENCE Sa#1 ZOS3© Wed, 8 dMu d 1281.80 both tIn HNF OF BEGlhbING Md axialnhg 126.130 mw (5,49+2298qu8rB bet) ef kIWI, aDIe wIen Tti8dcwnwdwupwmlwtdB 22TACW21,tkn8rxt IdIRItInmMt8cf©lmthe gwrxl suwy, end is rx# b to u8altomrweywntdl18h htBre8t8 h red pgipaty8xooF# awe rbhts arxJ InteBg18 Impll<1 or69tnHlgwi by tIn aeatbn emxxtflgwtlorI of tIn txxxxbry of tIn pdltkid 9ubcIdskm Rx yAk;h it wu preparBd.