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2007-093s \our documents\ordinancesV07~z07-0006.ds ORDINANCE NO. ZDO'I - D y,7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 2 (NR-2) ZONING DISTRICT TO A NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, THE AREA PROPOSED FOR ZONING CHANGE ENCOMPASSING APPROXIMATELY 0.66 ACRES OF LAND LOCATED ON THE SOUTHWEST CORNER OF TEASLEY LANE AND OLD ALTON ROAD (NEW) INTERSECTION, DESCRIBED AS TRACT OF LAND SITUATED IN THE A.E. CANNON SURVEY, ABSTRACT NUMBER 232, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A REMAllVDER OF THE CALLED 14.34 ACRE TRACT DESCRIBED IN THE DEED FROM JOHN CORDON BENNETT ET.AL. TO MAR PROPERTIES, LTD RECORDED IN VOLUME 5314 PAGE 5395 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR ViOLATiONS THEREOF, SEVERABILITY, AND AN EFFECTIVE DATE. (Z07-0006) W HEREAS, Mar Properties Ltd., has applied for a change in zoning for approximately 0.66 acres of land from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on March 28, 2006, 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. SECTION 2. The zoning district classification and use designation is hereby changed from a Neighborhood Residential 2 (NR-2) zoning district to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation for 0.66 acres of land depicted in Exhibit "B" attached hereto and incorporated herein by reference, and more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference (the "Property"). Notwithstanding the above 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. 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 /'-tday of ~/,~~, 2007. (, • ~~~~ PERK R. McNEILL, MAYOR ATTEST: PAGE 2 JENNIFER WALTERS, CITY SECRETARY EXHIBIT A LEGAL DESCRIPTION 0.66 ACRES BEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE CANNON SURVEY ABSTRACT NUMBER 232, DENTON COUNTY, T AND BEING A REMAINDER OF THE CALLED 14.34 ACRE TI DESCRIBED IN THE DEED FROM JOHN GORDON BENNETT ET.AL. TO PROPERTIES, LTD RECORDED IN VOLUME 5314 PAGE 5395 OF THE PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THE SUEZ TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A POINT ON THE NORTH SIDE OF OLD ALTON ROA FOR THE NORTHWEST CORNER OF SAID 14.34 ACRE TRACT; THENCE NORTH 89 DEGREES 34 SECONDS 37 SECONDS EAST WITH NORTH LINE THEREOF A DISTANCE OF 235.22 FEET TO THE POINT C BEGINNING WERE THE APPROXIMATE LOCATION OF THE COMMON SOUTHWESTERLY CITY LIMITS LINE AND THE NORTHEASTERLY DES COUNTY LINE; THENCE NORTH 89 DEGREES 34 MINUTES 37 SECONDS EAST LEAVII SAID COMMON LINE WITH THE NORTH LINE OF SAID 14.34 ACRE TRP DISTANCE OF 379.41 FEET TO A POINT ON THE WESTERLY R.O.W. LI OF THE (NEW) ALTON ROAD; THENCE SOUTH 21 DEGREES 46 MINUTES 18 SECONDS WEST WITH WESTERLY R.O.W. LINE A DISTANCE OF 71.94 FEET TO THE BEGINNI OF A CURVE TO THE RIGHT WITH A RADIUS OF 363.50 FEET AND A CHORD BEARING AND DISTANCE OF SOUTH 28 DEGREES 00 MINUTE SECONDS WEST; 78.97 FEET; THENCE WITH SAID WESTERLY R.O.W. LINE AN ARC DISTANCE OF 7 FEET TO A CORNER WERE THE APPROXIMATE LOCATION OF THE COMMON SOUTHWESTERLY CITY LIMITS LINE AND THE NORTHEASTERLY DENTON COUNTY LINE AND BEING A POINT ON A CURVE FOR SAID LINE WITH A RADIUS OF 1342.65 FEET AND A CHOI BEARING AND DISTANCE OF NORTH 67 DEGREES 02 MINUTES 1$ SECONDS WEST, 342.79 FEET; THENCE NORTHWESTERLY ALONG SAID COMMON LINE AN ARC DISTANCE OF 343.73 FEET TO PLACE OF BEGINNING ENCLOSING O.f AN ACRE OF LAND MORE OR LESS. PAGE 3 EXHIBIT B LOCATION MAP PAGE 4