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2011-030sAlegal\our documents\ordinances\1 1\z1 0-00 12.doc ORDINANCE NO. 2011-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, ON APPROXIMATELY 0.26 ACRES OF LAND LOCATED ON THE EAST SIDE OF BONNIE BRAE STREET AND APPROXIMATELY 200 FEET SOUTH OF EMERY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z10-0012). WHEREAS, Larry Reichhart, has applied for a change in zoning for approximately 0.26 acres of land legally described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter, the "Property") from a Neighborhood Residential 3 (NR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district classification and use designation; and WHEREAS, on January 5, 2011, the Planning and Zoning Commission recommended approval of the 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 Neighborhood Residential 3 (NR-3) to Neighborhood Residential Mixed Use 12 (NRMU-12). Notwithstanding the attached real property description, the property being rezoned 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 the 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 provisions 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 documentslordinances1111z10-0012.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 /J 4day of AMAW11 , 2011. ARK OU S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY B sAtegahour documentslordinances1111z10-0012.doe EXHIBIT A LEGAL DESCRIPTION FIELD NOTES; All that certain lot, tract or parcel of land lying and being situated in Denton County, Texas and being a part of the Robert Beaumont Survey, Abstract Number 31 and being all of the called 0.267 acre tract of land conveyed to Scott K. Brown and wife, Shari L. Brown from Mitchell Todd Brown and Shannon Leslie Stone by deed recorded in County Clerks file number 96-R0053782, Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows; BEGINNING at a 3/8 inch iron rod found in the East line of Bonnie Brae Street same being the Northwest corner of said 0.267 acre tract and the Southwest corner of Lot 1, Block A, Windsor Hall Addition according to the plat recorded in Cabinet K, Slide 379, Plat records, Denton County, Texas; THENCE North 89 degrees 06 minutes 22 seconds East a distance of 131.91 feet to a 3/8 inch iron rod found at the Northeast corner of said 0.267 acre tract and also being the Southeast corner of said Lot 1, Block A, of said Windsor Hall Addition; THENCE South 00 degrees 36 minutes 16 seconds East, along the East line of said 0.267 acre tract a distance of 87.74 feet to a 1/2 inch iron rod found at the Southeast corner of said 0.267 acre tract; THENCE South 89 degrees 03 minutes 47 seconds West, along the South line of said 0.267 acre tract a distance of 132.20 feet to a 1/2 inch iron rod found at the Southwest corner of said 0.267 acre tract and in the East line of said Bonnie Brae Street; THENCE North 00 degrees 25 minutes 06 seconds West, along the East line of said Bonnie Brae Street and the West line of said 0.267 acre tract a distance of 87.85 feet to the POINT OF BEGINNING and containing 0.26 of an acre of land more or less. s:\legal\our documents\ordinances1111z10-0012.doc EXHIBIT B LOCATION MAP