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SI23-0002aORDINANCE NO. S123-0002a AN ORD[NANCE OF THE CITY OF DENTON, TEXAS, REGARD[NG A CHANGE IN THE ZONING DISTRICT AND USE CLASSIFICATION FROM GENERAL OFFICE (GO) TO MIXED-USE REGIONAL (MR) DISTRICT ON APPROXIMATELY 19.5 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF SPENCER ROAD AND BRIDGES STREET. rN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY’S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY rN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING SAVINGS. SEVERABILITY, AND PENALTY CLAUSES; AND PROVIDING AN EFFECTIVE DATE. (Si23-0002a) WHEREAS, The City of Denton has initiated a request to rezone approximately 19.5 acres of land from General Office (GO) to Mixed-Use Regional (MR) District, legally described in Exhibit “A”, attached hereto and incorporated herein by reference (hereinafter, the “Property”); and WHEREAS, on October 25, 2023, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, has given the requisite notices by publication and otherwise, and has held due hearings and afforded full and fair hearings to all property owners and members of the public interested in this regard, and recommended approval (5-0) of the request; and WHEREAS, on December 5, 2023 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 2040 Comprehensive 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 establishing an initial zoning district for 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 General Office (GO) to Mixed-Use Regional (MR) District. SECTION 3. The City’s official zoning map is hereby amended to show the zoning district and use classification change provided for herein. SECTION 4. Except as expressly amended, the Denton Development Code shall remain in full force and effect. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Development Code of Ordinances, as amended, in effect when the offense was committed, and the former law and provision is continued in effect for this purpose. 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 provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 6. 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 $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. The motion to appro,ve this ordjnance was made by B,thA h. L and seconded by a cU : B rfa , the ordinance was passed and approved by the following vote K - Z : Aye ,/ ,,/ a ,/ J 1/ Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:-a PAqqrr) ANn APPRnVFn thi, th, 5 +\ d,v nf nUn,ke/, 2023. PETH. MAYOR Page 2 of 3 ATTEST: JESUS SALAZAR, [NTERIM CITY SECRETARY L\\\It 11111 DE A‘ aP APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY Digitally signed by Susan Keller Susan Keller ;=i3:'"’£TiElli:=T-' email=Susan.Keller@cityofdenton.com D V , Date: 2023.1 1.06 20:59:34 -06'00' Page 3 of 3 4 Exhibit A Legal Description Spencer Manor Senior Community, Lot 1, Block 1 @;-exI,gB=T--:J#B II Tiiii;:::}}g a ;-----------'-----*{{=1 1I, g !! iii:iii!i:X d aId + Iii::$ 1 iii!!! q T ! ! ! i ! i ! ! ! i i FI$ *iiI ! iiii Page 4 of 3 a ; i E 3 Eb B {{ } '; } } ;} gig@ !!!!!!q Iiii: iEB i ! i Ii i • ii B i i Ie i ! i ;i !! ! ! I ; ; i ig ;, i -iiiiil'i ii e ! } ; }r B ! !gWW : Page 5 of 3