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2017-172SALegaROur Doddmen1s\0rdinances\17\l 17.0007 Ordinance..doex ORDINANCE No. 2017-172 WHEREAS,Perez of •hn Thomas Engineeringapplied for . zoning change on approximately 0.862 acres of land legally described and depicted in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, " the Property") from a NRMU zoning district and use classification to a CM -G zoning district and use classification; and WHEREAS, on April 26, 2017, the Planning and Zoning Commission, in compliance wit?.1 the laws of the State of Texas, have given the requisite notices by publication and otherwise, and have held due hearings. • afforded full . • fair hearingsto all property regard, . • have recommendedapproval # of . •zoning • WHEREAS, on # 2017,• • • ' # . public hearing as required by law, and finds that the request meets and complies with all substantive and procedural standards set forth in Section 3 5.3.4 of the Denton Development Code, and is consistent with t 6viii Denton Plan and the Denton Development Code; and 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 usebestof e safety,# . . • general welfare of the City of Deriton, an(] accordingly, t1ic City Council of the City of Den�on is of the opinion and (inds that said zonitig change is in the public interest and shouki be gr-anl6d as set forth herein; NOW THEREFORE, SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference and found to be true, • ' / #' District. 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. SECTION 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 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR .� ' ��'�'D AS 4"` LEGAL FORM: AARON LEAL, INTERIM CITY ATTORNEY I day of 2017, CHRIS A11, , AYOR Exhibit A I�Iroperty A Legal Description and Site Location Map METES AND BOUNDS DESCRIPTION ZONING TRACT — 0.8620 ACRE IN THE W. DANIEL SURVEY, A-378 All that certain 0.8620 of an acre of land, out of the 27.32 acre tract described in the deed to Vandesmith Developers, Ltd., recorded in Document Numbers 02-82528 and 02-82529, in the Public, Records of Denton County, Texas (P.R.D.C,T), in the W. Daniel Survey, A-378, City of Denton, Denton County, Texas and more particularly described by metes and bounds as follows: (All bearings based on the "Notice of Lis Pendens" State of Texas - Parcel 19, recorded in Document Number 2013-145593 P.R.D.C.T) Commencing at a 1/2" iron, found for the northwest comer of Lot 6, Block A, The Villas of Forest Glen, recorded in Cabinet V, Slide 441 P.R.D.C,T., in the north line of said 27.32 acre tract, common to the south line. of Third Tract described in the deed to Ronnie Lee Hilliard and David Fulton, recorded in Document Number 95-0030415 P ' R.TD,C.T., from which a 1/2" iron rod with a cap found for the southwest comer of said Lot 6 bears South 00' 13' 24" East — 415.10', then North 89* 20' 48" West — 790.16' along the common line of said Third Tract to the POINT OF BEGINNING and the northeast comer of the herein described tract; THENCE South 00* 29'20" East — 485.84' to southeast comer of the herein described tract, in the south line of said 27.32 acre tract, called to be the center of Hobson Lane (Variable Width Right -of -Way); THENCE South 89P 30' 40" West — 99,01' along the south line of said 27.32 acre tract to the southwest comer of the herein described tract; THENCE North 00' 29'20" West— 323.75' to a point for comer of the herein described tract; THENCE North 44' 30'40" East — 127.62' to a point for comer of the herein described tract; THENCE North 00' 29' 20" West — 72.02' to northwest comer of the herein described tract, in the common line of said Third Tract and said 27,32 acre tract; - THENCE South 89" 20' 48" East — 8.77' along said common line to the POINT OF BEGINNING and containing 0.8620 of an acre of land, THIS METES AND BOUNDS DESCRIPTION IS ISSUED FOR THE ATTACHMENT TO A ZONING CHANGE SUBMITTAL PACKET. THIS DESCRIPTION IS NOT INTENDED FOR TITLE TRANSFER. - WE David Lewis