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2010-314\\codad\departments\1ega1\our documents\ordinances\10\z10-0011 ordinanace.doc ORDINANCE NO. 2010-314 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A DOWNTOWN RESIDENTIAL 1 (DR-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A DOWNTOWN RESIDENTIAL 2 (DR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNTION, ON 0.3159 ACRES OF LAND LOCATED 130 FEET SOUTH OF THE INTERSECTION OF EAGLE DRIVE AND AVENUE A, ON THE EAST SIDE OF AVENUE A, DESCRIBED AS THE SOUTH 64 FEET OF LOTS 3 AND 4, BLOCK 2 OF THE WATTAM ADDITION, WITH IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABH.ITY AND AN EFFECTIVE DATE. (Z10-0011) WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for approximately 0.3159 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property"), from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation; and WHEREAS, on October 20, 2010, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consistent with the Denton Plan and the Development Code; 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 as true. SECTION 2. The zoning district classification and use designation for the Property is hereby changed from a Downtown Residential 1 (DR-1) zoning district classification and use designation to a Downtown Residential 2 (DR-2) zoning district classification and use designation. Notwithstanding the attached real property description, the Property being amended includes all property to the centerline of all adjacent street rights-of-way. SECTION 3. The City's official land use map is amended to show the change in land use designation. 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 other provisions or applications, and to this end the provision of this ordinance are severable. SECTION 5. 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. sAlegallour documentslordinances1101z10-0011 ordinanace.doc SECTION 6. 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. day of kainkL '2010. MARK A. U G - AYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EXHIBIT A LEGAL DESCRIPTION BEING 0.313 ACRE TRACT OF LAND PART OF THE E. PUCHALSKI SURVEY, ABSTRACT NO. 996, IN DENTON COUNTY, TEXAS, AND BEING PART OF LOTS 3 AND 4, BLOCK 2, WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN VOLUME 86, PAGE 526, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID TRACT BEING DESCRIBED AS TRACT I AND II TN A DEED FROM RUBY BAZLE THREADGILL AND HUSBAND HASKELL A. THREADGILL TO JAMES L. MAHONEY, JR., RECORDED IN VOLUME 1813, PAGE 846, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A CHAIN LINK POST FOUND FOR CORNER BEING THE SOUTHWEST CORNER OF REPLAT OF LOTS 1 & 2, BIOCK 2 WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET A, PAGE 38, OF THE MAP RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE NORTHWEST CORNER OF LOT 7R BLOCK 2, REPLAT OF LOTS 7 & 8, BLOCK 2. WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY, TEXAS, RECORDED IN CABINET H, PAGE 165, OF THE MAP RECORDS OF DENTON COUNTY, TEXAS AND BEING THE NORTHEAST CORNER OF A PORTION OF LOT 6, CONVEYED IN A DEED TO JULIE HOLMES AND JANNINE MCFARLAND, RECORDED IN VOLUME 1116, PAGE 52.7, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE SOUTHEAST CORNER OF SAID MAHONEY TRACT; THENCE: SOUTH 88 DEGREES 27 MINUTES 57 SECONDS WEST, WITHIN THE SOUTH LINE OF SAID MAHONEY TRACT AS FENCED, A DISTANCE OF 215.00 FEET, TO A CHISELED V SET IN CONCRETE IN THE EAST RIGHT-OF-WAY LINE OF AVENUE A BEING THE NORTHWEST CORNER OF LOT 5 AND BEING THE SOUTHWEST CORNER OF SAID MAHONEY TRACT; THENCE: NORTH 01 DEGREES 59 MINUTES 20 SECONDS WEST, WITH THE WEST LINE OF SAID MAHONEY TRACT, A DISTANCE OF 65.76 FEET, TO A PK NAIL SET FOR CORNER BEING THE SOUTHWEST CORNER OF A PORTION OF LOTS 3 & 4, BLOCK 2 DESCRIBED IN A DEED TO NORBERTO RUI2 AND WIFE MARIA JESUS AVITA DE RUIZ RECORDED IN VOLUME 640, PAGE 554, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS AND BEING THE NORTHWEST CORNER OF SAID MAHONEY TRACT; THENCE: NORTH 89 DEGREES 41 MINUTES 00 SECONDS EAST, WITH THE SOUTH LINE OF SAID RUIZ TRACT AS FENCED, PASSING A CHAIN LINK POST FOUND AT A DISTANCE OF 135.92 FEET, BEING THE SOUTHEAST CORNER OF SAID RUII TRACT, CONTINUING FOR A TOTAL DISTANCE OF 215.00 FEET, TO A CHAIN LINK POST FOUND FOR CORNER IN THE WEST LINE OF THE REPLAT OF LOTS 1 AND 2, BLOCK 2 WATTAM ADDITION, AN ADDITION TO THE CITY OF DENTON COUNTY, TEXAS, RECORDED IN CABINET A, PAGE 174, OF THE MAP RECORDS OF DENTON COUNTY, TEXAS, AND BEING THE SOUTHEAST CORNER OF A PORTION OF LOT 3, CONVEYED IN A DEED TO PEGGY NORRIS RECORDED IN DENTON COUNTY CLERK'S FILE NO. 93-00825, AND BEING THE NORTHEAST CORNER OF SAID MAHONEY TRACT; THENCE: SOUTH 02 DEGREES 04 MINUTES 06 SECONDS EAST, WITH THE EAST LINE OF SAID MAHONEY TRACT AS FENCED, A DISTANCE OF 61.19 FEET, TO THE PLACE OF BEGINNING CONTAINING 0.313 ACRES OF LAND LESS AREA LOCATED WITHIN RIGHT-OF-WAY, LOCATION MAP EXHIBIT B