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2003-025O miNANCE NO. dPf f-P AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM MULTIPLE FAMILY DWELLING DISTRICT 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 0.79 ACRE OF LAND COMMONLY KNOWN AS 1822, 1828, AND 1902 WEST OAK STRREET GENERALLY LOCATED ON THE NORTH SIDE OF WEST OAK STREET, APPROXIMATELY 195 FEET WEST OF THE INTERSECTION OF MARIETTA AND WEST OAK STREET LOCATED IN THE E. PUBCHALSKI SURVEY, ABSTRACT 996; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02- 0053) WHEREAS, the City of Denton initiated a change in zoning for approximately 0.79 acres of land ~om Multiple Family Dwelling 1 (MF-1) zoning district classification and use designation to Neighborhood Residential 3 (NR-3) zoning district classification and use designation for single family uses; and WHEREAS, on December 4, 2002, the Planning and Zoning Commission concluded a public hearing as required by law, and recommended approval of the requested change in zoning to Neighborhood Residential 3 (NR-3) zoning district; and WHEREAS, the City Council finds that the change in zoning is consistent with the Comprehensive Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINs: SECTION 1. The zoning district classification and use designation of the approximately 0.79 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed fzom Multiple Family Dwelling 1 (MF-1) zoning district classification and use designation to Neighborhood Residential 3 (NR-3) zoning district classification and use designation. 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. This ordinance shall become effective fourteen (14) days f~om the date of its Page 1 of 2 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 c~/ day of ~,ff./.~g~f~' ,2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: HER BY: IERT L. PROUTY, CITY ATTORNEY Page 2 of 2 Exhibit A LEGAL DESCRIPTION WHEREAS David Bynum is the owner of all that certain lot, tract or parcel of land situated in the Eugene Putchalski Sur~ey, Abstract Number 996, in the City of Denton, Denton County, Texas, and being all of First Tract and Second Tract of Exhibit D~, and all that certain tract of land described in Exhibit D-9 as described in deed to Peggy J. Moms recorded in Clerk's File Number 93-R0082575 and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found on the north line of West Oak Street1 a.public roadway, being the southeast corner of said Second Tract and the southwest comer of that certain tract of land described in deed to The State of Texas recorded in Volume 114, Page 443 of the Deed Records of Denton County, Texas; THENCE S 88"35'57" W. along the north line of West Oak Street passing at a distance of 84.75 feet a 1/2 inch iron rod found at the southwest comer of said Second Tract and continuing on a total distance of 169.21 feet to a capped iron rod found atthe southeast corner of that certain tract of land described in deed to G. Tommy Bastian recorded in Volume 4276, Page 647 of the Real Property Records of Denton County, Texas; THENCE N 01°17'07" W, along the east line of said Bastain tract a distance of 208.17 feet to a 1/2 inch il'on rod found being the northeast corner thereof, same being the southeast corner of that certain tract of land described in deed to State of Texas recorded in Volume 489, Page 284 of the Deed Records of Denton County, Texas, and the southwest comer of that certain tract of land described in d~ed to State of Texas recorded in Volume 490, Page 269 of the Deed Records of Denton County, Texas; THENCE S 89"20'10" E, along the south line of said State of Texas tract passing the southeast corner thereof and the southwest corner of that certain tract of land recorded in · deed to State of Texas recorded in Volume 490, Page 452 of the Deed Records of Denton County, Texas, and continuing on a total distance of 167.77 feet to a 5/8 inch iron rod found at the southeast corner of said State of Texas tract same being the northeast corner of said First Tract; THENCE S 01 "43'09" E, along the east line of said First Tract a distance 202.12 feet to the POINT OF BEGINNING and containing approximately 0.79 acres of land more or less.