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2006-106 S:\Qur Documcnts\Ordinances\06\Z06-0009.doc ORDINANCE NO. .2006 --j 06 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 6.22 ACRES FROM EMPLOYMENT CENTER INDUSTRIAL (EC-I) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO EMPLOYMENT CENTER COMMERCIAL (EC-C) GENERALLY FRONTING 525.96 FEET ON THE WEST SIDE OF FORT WORTH DRIVE (U.S. 377) BEGINNING AT A POINT APPROXIMATELY 600 FEET SOUTHWEST OF THE INTERSECTION OF FORT WORTH DRIVE AND COUNTRY CLUB ROAD, AND LEGALLY DESCRIBED AS A PORTION OF LOT I, BLOCK A OF THE RICKS AND CHEEK ADDITION, BEING 10.559 ACRES IN THE B.B.B. & C.R.R. SURVEY A-196 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND LEGALLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0009) WHEREAS, Mike Beaver, on behalf bf the owner, Bill Cheek, Jr., initiated a change in zoning for approximately 6.22 acres of land particularly described in Exhibit "A", attached hereto and made a part hereof (the "property"), from the Employment Center-Industrial (EC-I) to the Employment Center Commercial (EC-C) zoning district and use designation; and WHEREAS, on March 22, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning; and WHEREAS, the City Council finds the change In zomng IS consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classification and use designation of the Property is hereby changed from Employment Center-Industrial (EC-I) to Employment Center Commercial (EC-C). SECTION 3. The City's official zoning map is amended to show the change in zoning district 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 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. 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 /UlLdayof () fJ..1./L ,2006. Cl~ ~JL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: EDWIN M. ~DER;-eIT-Y-A'RNEY h_ce->- EXHIBIT "A" PROJECT NUMBER Z-06-ooG9 FIELD NOTES 6.217 ACRES BEING all that certain lot, trad or parcel of land s~uated in the B. B. B. and C. R. R. Company Survey Abstrad Number 196 in the City of Denton, Denton County, Texas, being a part that certain Iract of land conveyed by deed from Jack Bell Compenies, Inc. to Marshall J. Ricks and Murray N. Ricks and William J. Cheek, Jr. .recorded in Volume 4526, Page 1687, Real Property Records Denton County, Texas, and being more particularty described as follows: BEGINNING at an iron pipe found for comer in the northwest line of United States Highway Number 377 (also known as Forth Worth Drive), a public roadway having a variable right-of-way, said point being the northeast corner of that certain tract of land conveyed by deed from W. M. Jagoe et al to Jagoe-Public Company recorded in Volume 552, Page 466, Deed Records, Denton County, Texas; THENCE N 89" 57' 20" W, 472,74 feet with the north line of said Jagoe-Public Company tract to a fence comer for comer; THENCE N 00" 10' 30" E, 188.16 feet with a fence to a fence comer for comer, THENCE N 89" 29 ' 53" W, 132.07 feet with a fence to a fence comer for comer; THENCE N 00" 10' 29" E, 185.49 feetw~h a fence to a fence comer for comer in the south line of Country VieN Mobile Home Park, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet E, Page 117, Plat Records, Denton County, Texas; THENCE S 89" 57' 05" E, 972.88 feet with said south line of said Counlry View Mobile Home Park to an iron pipe found for comer in said northwest line of said U. S. Highway; THENCE S 44' 35' 12"W, 525.96 feet with said northwest line of said U. S. Highway to the PLACE OF BEGINNING and con ining 6.217 acres of land. c'