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2004-089AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM DOWNTOWN RESIDENTIAL 2 (DR-2) TO DOWNTOWN COMMERCIAL GENERAL (DC-G) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 7.9 ACRES OF LAND GENERALLY LOCATED ALONG THE WEST SIDE OF CENTRE PLACE BOULEVARD NORTH OF INTERSTATE 35 EAST AND LEGALLY DESCRIBED AS TRACT 311 OF THE A. HILL SURVEY AND LOTS 10 AND 11 OF THE INMAN ADDITION, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z03-0040) WHEREAS, Gary Moore initiated a change in zoning for approximately 7.9 acres of land more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property") from a Downtown Residential 2 (NR-2) zoning district classification and use designation to Downtown Commercial General (DC-G) zoning district classification and use designation; and WHEREAS, on February 25, 2004, the Planning and Zoning Commission concluded a public heating 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 2. The zoning of the Property is hereby changed from Downtown Residential 2 (DR-2) zoning district classification and use designation to Downtown Commercial General (DC-G) 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 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 anyperson 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 Page 1 of 2 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 pubhshed in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~,~/49T~ day of ~//~ff/'~/j ,2004. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 Exhibit A PROPERTY DESCRIPTION OF 7.856 ACRE TRACT SITUATED in the City of Denton, Denton County, Texas in the A. Hill Survey, Abstract No. 623, and being a part of 19.33 acre tract of land described in deed from Campus Park Denton, LTD., to Campus Park Denton II, LTD. and recorded in Volume 4911, Page 1952 of the Real Property ReCOrds of Denton County, Texas, and being more fully described as follows: BEGINNING at a ¼ inch iron rod found at the Northeast corner of the said 19.33 acre tract; THENCE South 03 degrees 09 minutes 02 seconds East, with the East line of the said 19.33 acre tract a distance of 343.35 feet to a point for a comer; THENCE South 88 degrees 30 minutes 26 seconds West, with the Northerly most South line of the said 19.33 acre tract a distance of 646.04 feet to a point for a corner; THENCE South 01 degrees 24 minutes 54 seconds East, a distance of 244.98 feet to a point for a corner; THENCE North 89 degrees 55 minutes 26 seconds West, a distance of 146.38 feet to a point for a comer; THENCE North 00 degrees 00 minutes 00 seconds East, a distance of 107.30 feet to a point for a corner; THENCE South 89 degrees 58 minutes 10 seconds West, a distance of 123.55 feet to a point for a corner; THENCE North 00 degrees 00 minutes 02 seconds West, a distance of 138.82 feet to a point for a corner; THENCE North 90 degrees 00 minutes 00 seconds East, a distance of 127.67 feet to a point for a corner; THENCE North 00 degrees 00 minutes 00 seconds East, a distance of 8t.00 feet to a point for a corner; THENCE North 90 degrees 00 minutes 00 seconds West, a distance of 80.17 feet to a point for a corner; THENCE North 00 degrees 00 minutes 00 seconds East, a distance of 87.12 feet to a point for a corner; : THENCE North {)0 d~'grees 00 minutes 00 seconds West, a distance of 115.69 feet to ~ point for a corner; THENCE North 00 degrees 00 minutes 00 seconds East, a distance of 74.85 feet to a point for a corner; THENCE North 89 degrees 29 minutes 58 seconds East, a distance of 201.43 feet'to a point for a corner; THENCE North 00 degrees 03 minutes 54 seconds West, a distance of 8'i .21 i~eet to a point ~o~a comer; ~ · THENCE North 89 degrees 26 minutes 29 seconds East, with the North line of the said 19.33 acre tract a distance of 40.85 feet to a point for a corner; THENCE North 00 degrees 33 minutes 31 seconds West, a distance of 25.00 feet to a point for a corner; THENCE North 89 degrees 26 minutes 30 seconds East, with the North line of the said 19.33 · acre tract a distance of 717.10 feet to a point of beginning and cOntaining 7.856 acres of land more or less. Bearing system is based upon on the deed recorded in Volume 4911, Page 1952, Real Property Records of Denton County, Texas. This document was prepared under 22 TAC 683.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguraflon of the boundary of the political subdivision for which it was prepared. Z:/Sent Records1900-999i9931SurveylLegal/7.856 AC.doc