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2009-016sAour documents\ordinances\08\z08-0002.docx ORDINANCE NO. ZW - Dl (O AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE REZONING OF APPROXIMATELY 4.23 ACRES OF LAND, LOCATED ON THE NORTHWEST CORNER OF LOOP 288 AND SHERMAN DRIVE, FROM A NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A COMMUNITY MIXED USE GENERAL (CM-G) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (Z08-0002) WHEREAS, Elk River Investments, has applied for the rezoning of approximately 4.23 acres of land, located on the northwest corner of Loop 288 and Sherman Drive, more particularly described in Exhibit "A" to this ordinance, and incorporated herein by reference (the "Property"), from a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Community Mixed Use General (CM-G) zoning district classification and use designation; and WHEREAS, after a public hearing on November 19, 2008, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, after a public hearing, 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 above-referenced Property is hereby changed from a Neighborhood Residential 4 (NR-4) zoning district classification and use designation to a Community Mixed Use General (CM-G) zoning district classification and use designation. Notwithstanding the attached real property description, the Property 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. sAour documents\ordinances\08\z08-0002.docx SECTION 6. This ordinance shall become effective 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 10 days of the date of its passage. i PASSED AND APPROVED this the day of , 2009. ATTEST: JENNIFER WALTERS, CITY SECRETARY BYE APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY EXHIBIT A LEGAL DESCRIPTION BEING A 4.229 ACRE TRACT OF LAND SITUATED IN THE S McCRACKEN SURVEY, ABSTRACT'NUMBER 817 IN DENTON COUNTY, TEXAS, AND BEING THE REMAINDER PORTION OF THAT CALLED 4.229 ACRE TRACT OF LAND DESCRIBED IN DEED TO MICHEAL REYNOLDS AND WIFE SANDI REYNOLDS AS DESCRIBED IN DEED RECORDED IN VOLUME 824 PAGE 817 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS. SAID 4.229 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. BEGINNING at a fence corner post found for the northeast corner hereof also being the. southeast corner of that called 17.365 acre tract of land described in deed to the City of Denton and recorded in Document Number 03-026918 of the Official Public records of Denton County, - Texas said post also lying in the west right of way line of Sherman Drive [FM 4281 (100 foot R.O.W.); THENCE S 270 54'. 16" W,: along the east line hereof and the west line of said Sherman Drive a distance of 881.05 feet, to a found broken highway concrete monument for the-southeast corner hereof and lying in the north line of Loop 288 (variable -width R.O.W.) also being the northeast corner of that certain tract of land described in deed to the State of Texas as recorded in Volume 1022, Page 993 of the Deed Records of Denton County, Texas; THENCE S 710 44' 39" W, along the north line of said Loop 288 a distance of 22.50 feet, :to a found broken concrete highway monument, from which a iron fence .post bears N 010 57' 43" W a distance of 0.86 feet, said monument being the southeast corner of that called 120.42 acre tract of land as described in deed to Denton Independent School District (DISD) and recorded in Document Number 97-083710 of said Public Records; THENCE N 010 57' 43" W, :along a fence line, the west line hereof and the east line of said DISD tract, leaving the north line of said Loop 288 a distance of 284.38 feet, to a 1/2 inch iron rod found located in the center of the base of a rotted wood fence post; THENCE N Ol- 11' 35" E, continuing along a fence, the west line hereof and the east line of said DISD tract a distance of 517.04 feet, to a found crosstie fence post for the northwest corner hereof also lying in the south line of said 17.365 acre tract from which a 1/2 inch iron rod found bears N 870 57' 00" W, a distance of 199.70 feet, for the southwest corner of said 17.365 acre tract; THENCE S 87° 57' 00" E, (Basis of Bearing), along the north line hereof the.south line of said 17.365 acre tract a distance of 432.94 feet, to the POINT OF BEGINNING and containing 4.229 acres of land more or less