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Home My WebLink About2004-308ORDINANCE NO. gyg-me AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT TO THE NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 5.1 ACRES OF LAND LOCATED APPROXIMATELY 800 FEET SOUTH OF AUDRA LANE, ON THE WEST SIDE OF LOOP 288 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z04-0028) WHEREAS, Baron Investments Ltd. has applied for a change in zoning for approximately 5.1 acres of land located approximately 800 feet south of Audra Lane, on the west side of Loop 288 and more particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on July 28, 2004, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Comprehensive Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the Property is hereby changed from Neighborhood Residential 4 (NR-4) zoning district to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. 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 other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 5. 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. PASSED AND APPROVED this the 64 ATTEST: JENNIFER WALTERS, CITY SECRETARY u; L.L.i� t _ 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY F-W BROCK, MAYOR PAGE 2 F Exhibit A DESCRIPTION 5 T06 ACRES BEWC a erect of iond situated !n the MEP i PRR Company Surmy, Abstract! ran. 927, Donlan County, !erns. and being a Port of a called JI.491 we drat of land as described by deed to p/nton W. Twodde', John L. Dowson and Hubert G Origgs, os recorded m Valums 57J, Page 656. of the Deed Records of Denton County, Texas, and behq that same tract of land as described by deed to Barrm Inmslmenfs, LID. no recerded in Volume 4141, Page 1655, of the Real Property Records or Denton County, Tua; and bewtg more paticulmy, desorrbed as fbftw . BEGINNING of a 1/2 inch 'eon rod found at the northeast comer of sob to Borrai Inmstment; LID, tract, and the mes! easterly southeast comer of a tract of land as desscrbed by dead to A Oront ,a., as retarded under County perks F±e No. 9J- R0081550, of the Red Property Records of Denim County, Texa; some b6ng in the west the of State Highwa),, Loon 288 (a mriable width right-of-way). THENCE in a southedy diection with the wosl fine of said (Pop 28d the following courses and distances: South OJJ4;t4' West, o distance of 322.71 feel to a State Highway Monument found for comer, South 127934" wbst o distance of 101. 10 feel to a State eeighway.lfonument found fa comer., South 0478'J4' Wesf, a distance of 53.50 feet to a 1/2 inch bon No found at the northeast tamer of o tract of land as described by deed to Ma Greater Denton Arts Councd, as recorded An Volume 1184, Page 561, of the Deed Records of Lientan County, leros; THENCE North 897701" West, with the north line of sold Greater Denton Arts Council tract, a distance of 44609 feet to a t/2 inch iron rod found at the most southerly southeast comer of said Grant tract. IHENC,E North OOJJ'00" East, with the east lime of said Grant tract a distance of 47aOO feet to a 1/2 inch von rod found for an oil taro.- of said Genf tract; THENCE South 89'2654' East with the south line of said Grant tract a distance of .ISdJJ' to a 1/2 min van rod ibund far corner; MENCE North 0079'06` Fast, with a easteny line of said Grant tract a distance of 3.27 feet to a 1/2 .nch von rod found la comer,' DIENCE South 8976'45' East, with the south line of said Grant tract s distance of I29.J9 feet to the PONT OF REGeNNING and containing 5.106 notes of land more or less, and being sub*t to any easements that may offer!.