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2008-045 %(+$1$%$1$-"$%.1, 2008045 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecordsAct Other %(+$2#§º«(´¯º¯§²¹ SupersededandreplacedbyOrdinanceNo.201407503/04/14JR • - s:\our doeummN\ordinances\08\z07-0025 mdinance.dncx ORDINANCE NO. oWcI - O4~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM A NEIGHBORHOOD RESDENTIAL 2 (NR-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMLI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH AN OVERLAY DISTRICT, COMPRISING 54.24 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TEASLEY LANE AND RYAN ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND AN EFFECTIVE DATE. (Z07-0025) WHEREAS, Spring Brook Planning Group, has applied for a change in zoning for approximately 54.25 acres of land legally described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter, the "Property") from a Neighborhood Residential 2 (NR-2) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation, with an overlay district; and WHEREAS, on January 23, 2008, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, 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 Property is hereby changed from Neighborhood Residential2 (NR-2) to Neighborhood Residential Mixed Use (NRMU) zoning district with an overlay district, containing the following additional restrictions and conditions: a. Only 50 percent of the Property maybe developed as commercial retail; and b. No multi-family dwellings are permitted in that portion of the Property fronting Teasley Lane, as shown in Exhibit B, attached hereto and incorporated herein by reference. Notwithstanding the attached real property description, the Property being rezoned 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. s:\our dwuments\ordinances\08\z07-0025 mdinance.docx 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 aprovision 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 zwzday of ATTEST: McNEILL, MAYOR JENNIFER WALTERS, CITY SECRETARY EXHIBIT A DESCRIPTION 2,363,202 S.F. 154.2517 ACRE TRACT SITUATED IN THE J. FISHER SURVEY, ABSTRACT 1018 DENTON COUNTY. TEXAS BEING a tract of land situated in the J. Fisher Survey, Abstract Number 421, and the E. Picket Survey, Abstract Number 1018, Denton County, Texas, and being a portion of that certain tract of land to Lakewood West Joint Venture recorded in Volume 2741, Page 887, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with an NDM plastic cap found for corner in the westerly right-of-way line of F.M. 2181, also known as Teasley Lane (called 90' public right-of-way) for the northeast corner of the herein described tract; THENCE South 19'1829 East, with said westerly right-of-way line of F.M. 2181, a distance of 494.39 feet to a 1/2 inch iron rod with an NDM plastic cap found for corner at the beginning of a non-tangent curve to the left, said non-tangent curve having a central angle of 13°4630", a radius of 2211.24 feet, a tangent length of 267.10 feet, and a chord which bears S 26°3442 E, 530.34 feet; THENCE with said westerly right-of-way line of F.M. 2181 and said non-tangent curve to the left, an arc distance of 531.62 feet to a Wooden Highway Right-of-Way Post found for corner; THENCE South 33°2757 East, continuing with said westerly right-of-way line of F.M. 2181, a distance of 501.38 feet to a 1/2 inch iron rod with an NDM plastic cap found for corner, said iron rod being at the most northerly corner of Lot 1, Black A, Lakewood Convenient Addition, an addition to the City of Denton recorded in Cabinet N, Slide 51, Plat Records, Denton County, Texas; THENCE South 56°3943 West, with the northwest line of said Lakewood Convenient Addition, a distance of 412.17 feet to a PK nail w/shiner found for corner, said PK nail being in the center of Ryan Road (apparent prescriptive easement in use as a public road); THENCE South 89°5846 West, with the center of said Ryan Road, a distance of 519.69 feet to a PK nail found for corner, said PK nail being the northwest corner of Hickory Creek Heights, an addition to the City of Denton recorded in Cabinet N, Slide 101, Plat Records, Denton County, Texas, from whence a PK nail found bears N 00°4937° E, a distance of 6.21 feet; THENCE South 89"5411' West, with the center of said Ryan Road, a distance of 299.90 feet to a PK nail w/shiner found for corner; THENCE North 89°5712 West, with said center of Ryan Road, a distance of 702.56 feet to a rock found for corner at the southwest corner of the herein described tract, from whence a 5/8 inch iron rod found bears N 34°2049 W, a distance of 2.59 feet; THENCE North 01°5058 East, departing said Ryan Road and with the west line of the herein described tract, a distance of 1606.71 feet to a 36 inch Oak Tree found for corner, said 36 inch Oak Tree also being the southwest corner of a tract of land described to 2001 Halbert Family Trust recorded in CCF #2001- 128241, Real Property Records, Denton County, Texas; THENCE South 88°5917 East, with the south line of said 2001 Halbert Family Trust tract, a distance of 1137.58 feet to the POINT OF BEGINNING and containing 54.2517 acres or 2,363,202 square feet of land, more or less. } 0 J 0 02 ~ x Q m LL 4 3 W J x H U 2 w o ~ y Z 4 N W a O a " Q J W W < u L z Y E c ° Y Y V t Y N A r E ° c 6 R d V R O i = C a ° o a ~z a S P a a