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2014-404s:\legal\our dacurstents\ord�nancesil4�c14-0618.docx ORDINANCE NO. 2014-404 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A REZONING FROM NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) AND NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12) ZONING DISTRICT AND USE CLASSIFICATION TO A NEIGHBORHOOD RESIDENTIAL 6(NR-6) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 15.777 ACRES OF LAND. THE SUBJECT PROPERTY IS GENERALLY LOCATED ON THE NORTH SIDE OF POCKRUS PAGE ROAD, APPROXIMATELY 760 FEET EAST OF CAMINO REAL TRAIL AND 625 FEET WEST OF POST OAK BOULEVARD, IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE (Z14-0018). WHEREAS, Rod Zielke, has applied for a change in zoning ,from Neighborhood Residential Mixed Use (NRMU) and Neighborhood Residential Mixed Use 12 (NRMU-12) zoning district and use classification to Neighborhood Residential 6(NR-6) zoning district and use classification on approximately 15.777 acres of land, legally described in Exhibit "A" and depicted in Exhibit "B", attached hereto and incorporated herein by reference (hereinafter, the "Property"); and WHEREAS, after providing notice and after conducting a public hearing on October 22, 2014 as required by law, the Planning and Zoning Commission recommended approval (7-0) of the requested zoning; and WHEREAS, after providing notice and after conducting a public hearing on November 18, 2014 as required by law, the City Council finds that the zoning is consistent with the Denton Plan and is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The iindings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. The Property is hereby assigned a Neighborhood Residential 6 zoning district and use classification designation. Notwithstanding the attached real property description, the property being zoned 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. 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 �����"��,�"��'� ��� �, 2014. _��� ��,���, � ����. , ��� __ ... .............:...... � �wM.�,� � CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � a wrt� �v � � � �.,.� � e� � BY:`..` :� ��.�'w,,,�. � ° �.�b � � � �' "� �� ��� � r , ��.. � , �.. � APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ..�^�i, �f' n+�," �f P m� � � � f��'� K '.� �"" $ � �� "" .....°.' �,W • r s , � ,w . "'w.,:.^"� ....., . ..._.�.�.,_. .._.� w � �'____a....�.,:.,..__......� � �_ .......... .....______- EXHIBIT A LEGAL DESCRIPTION Being 15.777 acres of land located in the Gideon Walker Survey, Abstract No. 1330, Denton Courity, Texas, being a portion of the tract of land described in the deed to Astra Carmel, LLC, recorded in County Clerks Document No. 2014-64319, Deed Records, Denton Courity, Texas. Said 15.777 acres of land being more particularly described as follows: BEGINNING at the Southwest corner of said Astra Carmel tract being the Southeast corner of Villages of Carmel Phase I, an addition to the City of Denton, Denton Courity, Texas according to the Amended Plat recorded in Cabinet X, Page 444, Plat Records, Denton County Texas; THENCE N00°35'19"E, a distance of 952.43 feet along the common line of said Astra Carmel tract and the Villages of Carmel Phase I, to a point in a Southwest line of TRACT 1 of Exhibit B described in City of Denton City ordinance No. 2003-375; THENCE S42°57'29"E, a distance of 167.71 feet to a point at a South corner of said TRACT 1; THENCE N47°02'31 "E, along a Southeast line of said TRACT 1, at a distance of 135.0� feet passing a point at the South corner of a tract of land described in Exhibit A in City of Der�ton, City ordinance No. 2004142, in all a distance of 233.87 feet to a poirit in the common line of said Astra Carmel tract and a tract of land described in the deed to VOC1 B, LLC recorded in County Clerks Document No. 2013-6738; THENCE S87°53'05"E, along the common line of said Astra Carmel tract and the VOC1 B, LLC tract at a distance of 324.59 feet passing the Southeast corner of said VOC1 B, LLC tract in all a distance of 432.69 feet to point; THENCE S02°06'S5"W, a distance of 805.93 feet to a point; THENCE S87°53'05"E, a distance of 51.87 feet to a point; THENCE S�2°06'S5'1!1!, a distance of 192.07 feet to a point in the South line of said Astra Carmel tract; THENCE N87°58'49"W, a distance of 743.09 feet along said South line of the Astra Carmel tract to the poir�t of beginning, containing 15.777 acres of land. The bearings recited hereon are oriented to NAD 83 North Cer�tral Texas Zone. EXHIBIT B LOCATION MAP