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1999-431O INANCENO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM A LIGHT INDUSTRIAL (LI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD-178) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1 29 ACRES OF LAND LOCATED AT 3020 COUNTRY CLUB ROAD AND APPROVING A DETAILED PLAN, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE (Z-99-078) WHEREAS, Pauline Amngton, on behalf of the Audra Alice Amngton Trust, has applied for a change in zomng for 1 29 acres of land from Light Industrial (LI) zoning district classification and use designation to a Planned Development (PD-178) zoning district classification for a two family use and designation, and WHEREAS, on October 27, 1999, the Planning and Zoning Commission recommended approval of the requested change in zomng, and WHEREAS, the City Council finds that the change in zoning is consistent with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~t_Ce. II_O_.~[ That the zoning district classification and use designation of the I 29 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from a Light Industrial (LI) zoning district classification and use designation to Planned Development (PD-178) zoning district classification for two family use and designation under the comprehensive zoning ordinance of the City of Denton, Texas ~ Exhibit B, attached to and incorporated into this ordinance by reference, is approved as the Detail Plan for this district and shall be subJeCt to the following additional condition I The exterior of the buildings to be constructed shall be of brick or masonry ~ That the City's official zoning map is amended to show the change in zoning district classification ~ That 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 $ That ff any section, subsection, paragraph, sentence, clause, phrase, word, or prowslons of thts orrhnance shall be adjudged mvahd or held unconsmut~onal, the same shall not affect the vahdtty of th~s ordinance as a whole or part or provls~ons hereof, other than the part so dec~ded to be mvahd or unconstitutional, and the C~ty Council of the C~ty of Denton, Texas hereby declares it would have enacted such rema~mng portions despite any such vahd~ty ~ That th~s ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption oftlus ordinance to be published mace m the Denton Record-Chromcle, a daily newspaper published m the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the /~ day of L/~/fiT~J , 1999 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM Page 2 Nov-15-99 04=56P HAJ~tHETT & NASH SURVEYORS 940-565-0436 P.02 EXHIBIT A WHEREAS, I, PAULINE ARRINGTON ( TRUSTEE OF AUDRA ALICE ARRINGTON, TRUST ) AM THE OWNER OF A 1.29 ACRE TRACT OF LAND IN THE BBB. & C.R.R SURVEY, ABSTRACT No 169, DENTON COUNTY, TD(AS, BEING ALL OF A CALLED 0.85 ACRE TRACT DESCRIBED IN A DEED TO AUDRA ALICE ARRINGTON RECORDED IN VOLUME 2575 PAGE 748 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS. AND BEING ALL OF A TRACT DESCRIBED IN A DEED TO AUDRA AMCE ARRINGTON RECORDED IN VOLUME 2400 PAGE 798 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, ALSO BEING ALL OF A CALLED 0.120 ACRE TRACT DESCRIBED IN A DEED TO AUDRA A ARRINGTON RECORDED AS 95-R0077445 REAL PROPERTY RECORDS DENTON COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT AN "X" IN CONCRE-FE FOUND ON THE WEST LINE OF FARM MARKET ROAD 1830 ALSO KNOWN AS COUNTRY CLUB ROAD, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID CALLED 0.85 ACRE TRACT, THENCE SOUTH 89 DEGREES 56 MINUTES O0 SECONDS WEST A DISTANCE OF 515 45 FEET TO AN IRON IRON PIN FOUND, THENCE SOUTH 89 DEGREES 58 MINUTES 12 SECONDS WEST A DISTANCE OF 65 04 FEET TO AN IRON PIN FOUND FOR CORNER; THENCE NORTH O0 DEGREES 30 MINUTES 13 SECONDS EAST A DISTANCE OF 269 54 FEET TO AN IRON PiN SET FOR CORNER; ~ THENCE SOUTH 49 DEGREES 42 MINUTES O0 SECONDS EAST A DISTANCE OF 24 18 FEET TO AN IRON PIN FOUND FOR CORNER AT THE NORTHWEST CORNER OF GRAY'STONE VILLAGE AN ADDITION TO THE CITY OF DENTON AS SHOWN BY THE PLAT THEREOF RECORDED IN CABINET C SLIDE 192 PLAT RECORDS DENTON COUNTY, TEXAS; THENCE SOUTH O0 GRAYSTONE ULLAGE CORNER; DEGREES ~95 MINUTES 16 SECONDS WEST WITH THE WEST UNE OF A DISTANCE OF 109.99 FEET TO AN IRON PIN FOUND FOR THENCE NORTH Bg ORAYSTONE ~LLAGE A DISTANCE OF 358.22 FEET TO AN WEST UNE OF FARM MARKET ROAD NUMBER 1830, DEGREES 58 MINUTES 47 SECONDS EAST WITH THE SOUTH LINE OF IRON PIN FOUND ON THE THENCE SOUTH O0 DEGREES 35 MINUTES 16 SECONDS WEST WITH THE WEST UNE OF FARM MARKET ROAD NUMBER 1830 A DISTANCE OF 145 79 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 1.29 ACRES OF LAND. NOW THEREFORE KNOW THESE MEN BY THESE PRESENTS THAT I. OWNER, DO HEREBY ADOPT THIS PLAT, DESIGNATING THE HEREIN DESCRIBED PROPER]Y AS LOTS 1THRU 3, BLOCK 1, ARRINGTON ADDITION TO THE CITY OF DENTON. TEXAS, AND DO HEREBY DEDICATE TO THE PUBUC USE FOREVER. THE STREETS AND EASEMENTS SHOWN HEREON lilllll IliJ!!lill