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2004-011AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESIDENTIAL 3 (NR-3), NEIGHBORI-IOOD RESIDENTIAL 4 (NR-4), AND NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU- 12) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO NEIGHBORHOOD RESIDENTIAL MIXED-USE 12 (NRMU-12) AND NEIGHBORHOOD RESIDENTIAL MIXED- USE (NRMU) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 20.1 ACRES OF LAND COMMONLY KNOWN AS 2500, 2520, 2528, 2605, AND 2700 MCKINNEY STREET AND GENERALLY LOCATED ALONG BOTH SIDES OF MCKINNEY STREET APPROXIMATELY 300 FEET WEST OF BELLAIRE DRIVE AND MCKINNEY STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0027) WHEREAS, the Isbell Engineering initiated a change in zoning for approximately 20.1 acres of land from Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), and, Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district classifications and use designations to Neighborhood Residential Mixed-Use (NRMU) zoning district classification and use designation for two tracts or parcels of land containing approximately 9.37 acres and 1.48 acres of land as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Exhibit "A" Property") and Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district and use designation for two tracts or parcels of land containing approximately 6.88 acres and 2.32 acres o f land as more particularly described in Exhibit "B" attached hereto and made a part hereof by reference (the "Exhibit "B" Property"); and WHEREAS, on December 3, 2003, 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 that the change in zoning is consistent with the Comprehensive Plan and 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 1. The zoning district classification and use designation of the Exhibit "A" Property is hereby changed fi-om Neighborhood Residential 3 (NR-3), Neighborhood Residential 4 (NR-4), and, Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district classifications and use designations to Neighborhood Residential Mixed-Use (NRMU) zoning district classification and use designation. The zoning district classification and use designation of the Exhibit "B" Property is hereby changed fi'om Neighborhood Residential 3 CNR-3), Neighborhood Residential 4 Page 1 of 2 (NR-4), and, Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district classifications and use designations to Neighborhood Residential Mixed-Use 12 (NRMU-12) zoning district classification and use designation . Notwithstanding the above real property description, the property being rezoned includes all property to the centerline of all adjacent street rights-of-way. SECTION 2. The City's official zoning map is amended to show the change in zoning district classification. SECTION 3. 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. 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 5. That this ordinance shall become effective fourteen (14) days fi-om 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 ~ ~/'~ day of ~J,,{.~?--- ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT ~ BY: Page 2 of 2 Exhibit A FIELD NOTES to all that certain tract of land situated in the T.M. DEWING SURVEY, Abstract No. 346, and the M.E.P. & P.RIL SURVEY, Abstract No. 1475, and the M. YOACHUM SURVEY, Abstract No. 1442 in the City of Denton, Denton County, Texas and being all ora called 1.121 acre tract of land described in the Deed from C.W. Lewis, et ux, to ILL. Tyson, et ux, as recorded in Volume 918, Page 318 of the Deed Records of Denton County, Texas, a part of a called 3.481 acre tract of land described in the Deed from C.E. Stanford, et ux, to Gary Dennis Dillard, et ux, as recorded in Volume 1188, Page 730 of said Deed Records, and all of a tract of land described in the Deed from Alex Dickie, Jr., et ux to Bobby IL Mitchell, et ux, as recorded in Volume 419, Page 22 of said Deed Records, and all of a tract of land described in the Deed from Alex Dickie, Jr., et ux, to Bobby IL Mitchell, et ux, as recorded in Volume 473, Page 673 of said Deed Records, and a part of a called 11.958 acre lxact of land described in the Deed from Bank One, Texas, National Association to loan Cohagen as recorded under County Clerk's File Number 94-R0036955 in the Real Property records of Denton County, Texas; the Subject Tract being more particularly described as follows: BEGINNING at the Northwest comer of said Tyson tract on the South side of FM Road 455; THENCE South 71 degrees 15 minutes 39 seconds East with said Road and with the North line of said Tyson Tract a distance of 158.43 feet to the Northeast comer thereof at the Northwest comer of said Dillard Tract; THENCE South 72 degrees 07 minutes 00 seconds East with the North line thereof and with said Road a distance of 249.12 feet to the Northeast comer of said Mitchell Tract recorded in Volume 419, Page 22, in the West line of said Cohagen Tract; THENCE North 01 degree 41 minute 18 seconds East with the West line thereof a distance of 38.38 feet to the Northwest comer thereof, in or near the middle of said FM Road 455; THENCE South 72 degrees 26 minutes 00 seconds East with said Road and with the North line of said Cohagen Tract a distance of 758.51 feet to the Northeast comer thereof, THENCE South 01 degree 41 minutes 00 seconds West with the East line thereof and the West line of Lot One, Block One of The McKinney Street Baptist Church Addition, an addition in the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet F, Page 208 of the Plat Records of Denton County, Texas. for a distance of 382.16 feet to the Southeast comer of the herein described tract; THENCE North 72 degrees 25 minutes 56 seconds West a distance of 996.57 fee{ to the Southerly most Southwest comer of the herein described tract in the West line of said Dillard Tract; THENCE North 00 degrees 12 minutes 22 seconds East with the West line thereof a distance of 48.26 feet to the Southeast corner of said Tyson Tractg THENCE South 89 degrees 57 minutes 40 seconds West with the South line thereof a distance of 150.00 feet to the Southwest comer thereof~ THENCE North 00 degrees 02 minutes 20 seconds West with the West line thereof a distance of 351.00 feet to the PLACE OF BEGINNING and enclosing 9.37 acres of land. TYGSELAND zoning 1.48 ACRES FIELD NOTES to all fiat certain tract of land situMed in the M. Yoachum Survey, Abstract Number 1442, in the City and County of Denton, Texas and being a part of that certain tract described in the deed from Billy Joe Martin and Nellie E. Martin to John Tysseland recorded in Volume 668 Page 512 of the Deed Records of Denton County, Texas; the subject easement being more particularly desmibed as follows; BEGINNING for the Southeast corner of the tract being described heroin nt a %" iron rod found for the Southeast comer of said Tyssaland tract on the North line of East McKInney Stmat; THENCE North 73 degrees 34 minutes 42 seconds West along said Street with the South line of said tract a distance of 217.38 feet to an iron rod found for the Southeast comer of that cedaln tract describe din the deed from John Tysseland to C.R. Lincoln et.ux, recorded in Volume 1058 Page 407 Deed Records; THENCE North 02 degrees 22 minutes 26 seconds East with the East line of said Lincoln tract a distance of 169.05 feet to the Northeast comer of said Lincoln tract; THENCE North 89 degrees 33 minutes 03 seconds West with the North line thereof a distance of 98.50 feet to a wood fence comer post for the Northwest comer of said Lincoln tract in the West line of said Tyeseland tract; THENCE North 00 degrees 47 minutes 35 seconds East with said West line a distance of 103.90 feet to the Northwest comer of the herein described tract; THENCE South 79 degrees 31 minutes 57 seconds East with a line severing said tract a distance of 307.29 feet to a comer in the East line of said Tyssaland tract; THENCE South 00 degrees 44 minutes 23 seconds West with said East line a distance of 279.22 feet to the PLACE OF BEGINNING and enclosing 1.48 of an acre of land. Exhibit B FIELD NOTES to all that certain tract of land situated in the M.E.P. & P.RR. SURVEY, Abstract No. 1475, and the M. YOACHUM SURVEY, Abstract No. 1442 in the City of Denton, Denton County, Texas and being a part of a called 3.481 acre tract of land described in the Deed from C.E. Stanford, et ux, to Gary Dennis Dillard, et ux, as recorded in Volume 1188, Page 730 of the Deed Records of Denton County, Texas, and a part of a called 11.958 acre tract of land described in the Deed fi.om Bank One, Texas, National Association to Joan Cohagen as recorded under County Clerk's File Number 94- R0036955 in the Real Property records of Denton County, Texas; the Subject Tract being more particularly dos~ribed as follows: BEGINNING at the Southwest comer of said Tyson Tract, in the North line of a tract of land described in the Deed from Amwest Savings Association to Staff Realty, Inc. as recorded under County Clerk's File Number 94-R0006845 of said Real Property Records; THENCE North 00 degrees 12 minutes 22 seconds East with the West line thereof a distance of 410.35 feet to the Northwest comer of the herein described tract', THENCE South 72 degrees 25 minutes 56 seconds East a distance of 996.57 feet to the Northeast comer of the herein described tract in the East line of said Cohagen Tract and in the West line of Lot One, Block One of The McKinney Street Baptist Church Addition, an addition in the City of Denton, Denton County, Texas, according to the plat there&recorded in Cabinet F, Page 208 of the Plat Records of Denton County, Texas; THENCE South 01 degree 41 minutes 00 seconds Wcst with the West line thereof and the East line of said Cohagen Tract a distance of 185.18 feet to the Southeast comer of said Cohagen Tract at the Northeast comer of a called 16.927 acre tract of land described in the Deed form Bowen Ervin Snow to Alvin Ellis, et ux, as recorded in Volume 1029, Page 328 of said Deed Records; THENCE North 89 degrees 30 minutes 00 seconds West with the North line thereof and the South line of said Cohagen Tract a distance of 729.71 feet to the Southwest comer of said Cohagen Tract, in the East line of said StaffRealty Tract; THENCE North 01 degree 41 minutes 00 seconds East with the East line thereof and the West line of said Cohagen Tract a distance of 69.82 feet to the Southeast comer of said Dillard Tract; THENCE South 89 degrees 50 minutes 20 seconds West with the South line thereof and the North line of said Staff Realty Tract a distance of 218.50 feet to the PLACE OF BEGINNING and enclosing 6.88 acres of land. TYSSELAND zoning 2.32 ACRES FIELD NOTES to all that certain bad of lend situated in the M. Yoachum Survey, Abstract Number 1442, in the City and County of Denton, Texas and being a part of that certain tract described in the deed froro Billy Joe Martin and Nellie E. Martin to John Tysseland recorded in Voluroe 688 Page 512 of the Deed Records of Denton County, Texas; the subject eeseroent being more partlculady desc~thed as follows; BEGINNING,for the Northwest comer of the tract being described herein at an iron rod found for the Northwest coroer of said Tysseland tract; THENCE North 89 degrees 15 minutes 52 seconds East with the. North line thereof a distance of 303.59 feet to an iron md found for tho Northeast comer of said Tysseland tract; THENCE South 01 degrees 03 minutes 59 seconds West with the East line thereof a distance of 157.57 feat to an iron rod found; THENCE South 00 degrees 44 minutes 23 seconds West centlnulng with said East line a distance of 206.32 feat to the Southeast comer of the herein described tract; THENCE North 79 degrees 31 minutes 57 seconds West with a line severing said bact a distance of 307.29 feet to a comer in the West line of said Tysseland tract; THENCE No~th 00 degrees 4.7 minutes 35 seconds East with said West line a distance of 304.15 feet to the PLACE OF BEGINNING and enclosing 2.32 acres of land.