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2017-104S:\Legal\Our Documents\Ordinances\17\Z16-0027 Ord inance.docx 101 (RCC -D) ZONING DISTRICT AND USE CLASSIFICATION TO A REGIONAL CENTER RESIDENTIAL r • DISTRICT AND USE CLASSIFICATIONON APPROXIMATELY 20.49 ACRES OF LAND GENERALLY LOCATED AT 2100 MAYHILL ROAD ! AT THE END OF r • ••! DRIVE IN THE CITY OF DENTON, ZONINGDENTON COUNTY, TEXAS; ADOPTING AN AMENDMENT TO THE CITY'S OFFICIAL • PROVIDING •R A PENALTY IN THE MAXIMUM AMOUNT OF 11111 I •' VIOLATIONS THEREOF;• ! •: AND AN EFFECTIVE DATE,• 11 WHEREAS, J. Brandon Hancock of Oiala Holdings has applied for a zoning change on approximately 20.49 acres of land legally described in Exhibit "A" and depicted in Exhibit B, attached hereto and incorporated herein by reference (hereinafter, the "Property") from a RCC -D zoning district . • use classificationto . RCR-2 zoning district and use classification;1 WHEREAS,on . i 2017,Planning and Zoning Commission,# • 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 [6-0] of the change in zoning district and use -classification;and I TIE no • •. 1 • • • -1 a • •0-IM111111111 , forth standards set forth in Section 35.3.4 of the Denton Development Code, and is consistent with thi 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 NOW • ! 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 RCC -D to C-2. 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 remaining 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. SECTION 6. 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 '2017. CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY LOS", VED ASWO LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY BY: Exhibit A X I , nw � T I � 20.49 ACRES BEING a tract of land situated in the David Hough Survey, Abstract No.646, City of Denton, Denton County, Texas and being part of a tract of land described as Tract I in Special Warranty Deed to Richard A. Greb and Nancy A. Greb recorded in Document Number 2006-100770, Official Public Records, Denton County, Texas, and being a part of a 7.628 acre tract of land described in Special Warranty Deed to The City of Denton, recorded in Document No. 2014- 26435, Official Public Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a point for corner found in the south line of a tract of land described in Deed to Mason A. Haggard & wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being the northeast corner of Lot 1, Block C, of Quail Creek Addition, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet U, Page 468, Plat Records, Denton County, Texas; THENCE with the south line of said Haggard tract, North 87'51'30" East, a distance of 705.10 feet to a point for corner; THENCE departing said south line, the following courses and distances, to wit: South 1'57'09" West, a distance of 699.81 feet to a point for corner; North 88'00'40" East, a distance of 321.36 feet to a point for corner; South 1'57'09" West, a distance of 412.09 feet to a point for corner in the north line of Lot 1R, Block F, of Providence Place 11, an addition to the City of Denton, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE with the north line of said Lot IR, South 88'00'40" West, passing the southwest corner of said 7.628 -acre tract at a distance of 70.44 feet and continuing in all a total distance of 1026.33 feet to an inner el corner of Lot 1, Block E, of said Providence Place 11; THENCE with the east lines of said Lot 1, Block E, North 1'57'09" East, passing at a distance of 438.23 feet the southeast corner of said Lot 1, Block C, continuing with the east line of said Lot 1, Block C, in all a total distance of 1080.01 feet to the POINT OF BEGINNING and containing 20.49 acres of land. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Exhibit B