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2015-166ORDINANCE NO, 2015 -166 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A CHANGE IN THE ZONING CLASSIFICATION FROM A REGIONAL CENTER RESIDENTIAL 2 (RCR -2) ZONING DISTRICT AND USE CLASSIFICATION TO AN REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC -N) ZONING DISTRICT AND USE CLASSIFICATION ON APPROXIMATELY 5.99 ACRES OF LAND GENERALLY LOCATED ON THE WEST SIDE OF I -35 E, APPROXIMATELY 730 FEET SOUTH OF LILLIAN B. MILLER PARKWAY IN THE CITY OF DENTON, DENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z15 -0004) WHEREAS, Lynn Kadleck, has applied for a zoning change on approximately 5.99 acres of land legally described in Exhibit "A ", attached hereto and incorporated herein by reference (hereinafter, the "Property ") from a Regional Center Residential 2 (RCR -2) zoning district and use classification to an Regional Center Commercial Neighborhood (RCC -N) zoning district and use classification; and WHEREAS, on April 22, 2015, the Planning and Zoning Commission, in compliance with the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings and afforded full and fair hearings to all property owners interested in this regard, and have recommended approval (7 -0) of the change in zoning district and use classification; and WHEREAS, on June 2, 2015, the City Council likewise conducted a public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with the Denton Plan and the Denton Development Code; WHEREAS, the Planning and Zoning Commission and the City Council of the City of Denton, in considering the application for a change in the zoning classification of the property , have determined that the proposed use is in the best interest of the health, safety, morals, and general welfare of the City of Denton, and accordingly, the City Council of the City of Denton is of the opinion and finds that said zoning change is in the public interest and should be granted as set forth herein; 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 and found to be true. SECTION 2. The zoning district and use classification for the Property is hereby changed from Regional Center Residential 2 (RCR -2) to Regional Center Commercial Neighborhood (RCC -N). SECTION 3. The City's official zoning map is hereby amended to show the change in the zoning district and use classification. 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 the provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. Any person, firm, partnership or corporation violating any provision of this ordinance shall, upon conviction, be deemed guilty of a misdemeanor and shall be punished by fine in a sum not exceeding $2,000.00 for each offense. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SIJCT�ION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Denton Code of Ordinances, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. In compliance with Section 2.09(c) of the Denton Charter, 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 2015. (31R IS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY STATE OF TEXAS COUNTY OF DENTON Exhibit A Legal Description [LEGAL DESCRIPTION] BEING all that certain lot, tract or parcel of land situated in the J. McGowan Survey Abstract Number 797, in the City of Denton, Denton County, Texas, being all of Lot 2R, Southridge Village Shopping Center Addition, an addition to the City of Denton, Denton County, Texas according to the replat thereof recorded in Cabinet E, Page 392, Plat Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for corner in the southwest line of Interstate Highway Number 35 -E South, a public roadway having a variable width right -of -way, said point being the northeast corner of Lot 1 D of said Southridge Village Shopping Center Addition; THENCE, S 47 °24'04" E, 330.74 feet with the southwest line of said Interstate Highway to an iron rod found for corner, said point being the most northerly point of Lot 3A of said Southridge Village Shopping Center Addition; THENCE, S 44 °43'54" W, 360.90 feet with the northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, N 45 °16'06" W, 9.08 feet with said northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, S 45 °01'39" W, 170.78 feet wit said northwest line of said Lot 3A to a 60d nail found for corner; THENCE, S 00 °52'13" W, 11.23 feet with said northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, S 44 °58'24" W, 110.11 feet with said northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, S 44 043'54" W, 360.90 feet with said northwest line of said Lot 3A to an "X" in concrete for corner; THENCE, S 00 016'06" E, 40.76 feet with said west line of said Lot 1 to an iron rod found for corner in the north line of that certain tract of land conveyed by deed to F.C. McNeill et al recorded in Volume 477, Page 604, Deed Records, Denton County, Texas, said point being the southwest corner of said Lot 3A; THENCE, S 89 °43'54" W, 250.94 feet with said north line of said McNeill tract to an "X" in concrete for corner in the east line of Lot 1, Block A of Oakmont Village Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet M, Page 147, Plat Records, Denton County, Texas; THENCE, N 00 °40'44" W, 445.95 feet with said east line of said Oakmont Village Addition to an iron rod set for corner, said point being the northeast corner of said Oakmont Village Addition; THENCE, N 88 °52'51" W, 185.18 feet with the north line of said Oakmont Village Addition to an iron rod found for corner in the east line of Lillian Miller Boulevard, a