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2005-336 S:\Qur Documents\Ordinances\05\Z05-0024.d(x; ORDINANCE NO. 2 00.q--.33 (0 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTlALMIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXlMA TEL Y 0.17 ACRES OF LAND, GENERALLY LOCATED AT THE NORTHEAST CORNER OF MCKINNEY STREET AND WOOD STREET INTERSECTION, AND LEGALLY DESCRIBED AS THE NORTHERN PORTION OF LOT 16R, BLOCK I OF COLLEGE VIEW ADDITION, AN ADDITION TO CITY OF DENTON, DENTON COUNTY, TEXAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z05- 0024) WHEREAS, Mr. Larry Reichart has applied for a change in zoning for approximately 0.17 acres of land particularly described in Exhibit "A" attached hereto (the "Property") from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on October 12,2005, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change is consi'stent with the Denton Plan and the Development Code; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation is hereby changed from Neighborhood Residential 4 (NR-4) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation for approximately 0.17 acres, more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference; SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification; SECTION 3. That 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 4. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00, with each day of violation constituting a separate and distinct offense; and SECTION 5. 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. 1,51- PASSED AND APPROVED this the - day of V;{J1ff~A), 2005. c~4~ EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY )3V:' l -------,.-.. --- PAGE 2 EXHIBIT - A FIELD NOTES to all that certain parcel of land situated in the B.B.B. & c. Railroad Survey, Abstract #185, in the City of Denton, Denton County, Texas, and being the North 50 feet of Lot l6R, Block I, of the Collcge View Addition as recorded in Cabinet V, Slide 514, Plat Records of Denton County, Texas, and being more particularly described as follows; BEGINNING at a capped \12" iron rod found in the East right-of-way line of North Wood Street, and at the Northwest comer of said lot, and in the South line of a Lot 17, Block 1 of the College View Addition according to the plat thereof recorded in Cabinet I, Page 13 Plat Records of Denton County, Texas; THENCE South 89 Degrces 35 Minutes 25 Seconds East with the North line of said Lot l6R, a distance of 131.47 feet, to a \1," capped iron rod found at the Northeast comer of said lot, and at the Southeast comer of said Lot 17; THENCE South 00 Degrees 05 Minutes 03 Seconds Wcst with the West line of said Lot 16R, a distance of 50.00 feet to a \1," capped iron rod found at the Southeast comer of herein described tract; THENCE North 89 Degrees 37 Minutes 52 Seconds West, 131.84 feet to a \lz" iron rod found in the said line of North Wood Street, and in thc West line of said Lot l6R; THENCE North 00 Degrees 03 Minutes 37 Seconds East with the East right-of-way line of said Street and the West line of said Lot 16R, a distance of 50.10 feet to the POINT OF BEGINNING, and enclosing 0.164 acres ofland, more or less.