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2007-019 S:\OUf Documents\Ordinances\07\Z06-0003.doc ORDINANCE NO. 2007-0/Q AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE OF 2.0 ACRES FROM REGIONAL CENTER COMMERCIAL NEIGHBORHOOD (RCC-N) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO REGIONAL CENTER COMMERCIAL DOWNTOWN (RCC-D) WITH AN OVERLAY DISTRICT GENERALLY FRONTING 310.12 FEET ON THE WEST SIDE OF INTERSTATE 35N (I-35N) BEGINNING AT A POINT APPROXIMATELY 1,500 FEET NORTH OF SCHUYLER DRIVE AND LEGALLY DESCRIBED AS BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43 IN THE CITY OF DENTON, DENTON COUNTY, TEXAS BEING A PART OF A CALLED 12.0008 ACRE TRACT, AS DESCRIBED IN A DEED TO MARY BESS MILLER AND J. A. MILLER, RECORDED IN COUNTY CLERK'S FILE NUMBER 99- ROOOI872, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z06-0003) WHEREAS, Mike Semrau representing the owner, Mary Bess Miller, initiated a change in zoning for approximately 2.0 acres of land particularly described in Exhibit "A" attached hereto and made a part hereof as Exhibit "A" (the "Property") from Regional Center Commercial Neighborhood (RCC-N) to Regional Center Commercial Downtown (RCC-D) zoning districts and use designations; and WHEREAS, the City Council makes the following findings: a. The change in zoning, including the Overlay District, is consistent with the Comprehensive Plan; and b. The Overlay District will protect and enhance the Property and surrounding area which are distinct from lands and structures outside of the Overlay District and the immediate neighborhood; and c. . The regulations imposed in the Overlay District serve important and substantial public interests by preserving the integrity of the neighborhood surrounding the Overlay District; and WHEREAS, on December 6, 2006, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning subject to an O~erlay District; and WHEREAS, the City Council finds the change in zoning is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S:\Our Documents\Ordinances\07\Z06-0003.doc SECTION I. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The zoning district classifications and uses designations of the Property is hereby changed from Regional Center Commercial Neighborhood (RCC-N) zoning district classification and use designation to Regional Center Commercial Downtown (RCC-D) zoning district and use designation with an overlay stating: I. All display areas along the frontage of 1-35 must be a minimum of 50' deep and constructed of concrete. 2. A landscaped screening hedge a minimum of three feet in height must be planted and maintained along the 1-35 service road frontage. 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 'lny 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. That 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 th~ 2.3daay of rJintLarv , 2007. ( o;i;u ~ PERRYR. MCNEILL, MA ATTEST: JENNIFER WALTERS, CITY SECRETARY BY~~)Uf" Jfl1tA4/ S:\Our Documents\Ordinances\07\Z06-0003.doc APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY .~---- ~ y:~~-~~ ( S:\Our Documents\Ordinances\07\Z06-0003.doc EXHIBIT "An S:\Our Documents\Ordinances\07\ZQ6-0003.doc ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NUMBER 43, AND BEING A PART OF A CALLED 12.008 ACRE TRACT DESCRIBED IN A DEED TO MARY BESS MILLER AND JA MILLER, RECORDED IN COUNTY CLERK'S FILE NUMBER 99-ROO0l872, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 12 INCH IRON ROD AT THE SOUTHWEST CORNER OF LOT 1, BLOCK A, 1-35 RV CENTER, RECORDED IN CABINET U, PAGE 542, PLAT RECORDS OF DENTON COUNTY, TEXAS AND BEING IN THE EAST LINE OF A TRACT DEEDED TO DAVID ANGLE, RECORDED IN VOLUME 3]58, PAGE 372, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 89 DEGREES 50 MINUTES 00 SECONDS EAST, WITH THE SOUTH LINE OF SAID LOT I, 1-35 RV CENTER, A DISTANCE OF 270.90 FEET TO A YzlNCH IRON ROD FOUND WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 AT THE SOUTHEAST CORNER OF SAID LOT I, IN THE WEST RIGHT-OF WAY LINE OF INTERSTATE HIGHWAY 35; THENCE SOUTH 03 DEGREES 39 MINUTES 08 SECONDS EAST WITH THE EAST LINE OF SAID MILLER TRACT AND THE WEST RIGHT-OF WAY LINE OF SAID INTERSTATE HIGHWAY 35, A DISTANCE OF 310.12 FEET TO A Yz INCH IRON ROD SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849; THENCE SOUTH 89 DEGREES 50 MINUTES 00 SECONDS WEST, A DISTANCE OF 292.00 FEET TO A 12 INCH IRON ROD SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX 1849 FOR CORNER IN THE WEST LINE OF SAID MILLER TRACT SAME ,.. . --.. .. ..... .... . .... .., BEING THE EAST LINE OF SAID ANGEL TRACT; THENCE NORTH 00 DEGREES 15 MINUTES 00 SECONDS EAST WITH THE WEST LINE OF SAID MILLER TRACT AND THE EAST LINE OF SAID ANGEL TRACT, A DISTANCE OF 309.55 FEET TO THE POINT -OF-BEGINNING, AND CONTAINING IN ALL 2.000 ACRES OF LAND. 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