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2002-122ORDINANCE NO. AN ORDiNANCE OF TIlE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORI-IOOD RESIDENTIAL 3 (NR~3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESIDENTIAL MIXED USE (NRMU), NEIGHBORHOOD RESIDENTIAL MIXED USE 12 (NRMU-12), AND NEIGHBORHOOD RESIDENTIAL 6 (NR-6) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS FOR APPROXIMATELY 52 ACRES OF LAND GENERALY LOCATED SOUTH OF MINGO ROAD, EAST OF MOZINGO STREET, NORTH OF LATTIMORE STREET AND NORTH AND EAST OF AUDRA LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVER_ABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02-0002) WHEREAS, Sent Corp, on behalf of SAS and Associates, initiated a change in zoning for approximately 54 acres of land from Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential M/xed Use (NRMLr), Neighborhood Residential Mixed Use 12 (NRMU-12), and Neighborhood Residential 6 (NR-6) zoning district classifications and use designations, with the intent to develop single-family, multi-family and neighborhood office and retail development; and WHEREAS, on March 13, 2002, the Planning and Zoning Commission after concluding a public hearing as required by law, 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the approximate 34.2 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Neighborhood Residential 3 CNR-3) zoning district classification and use designation to Neighborhood Residential 6 (NR-6) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2. The zoning district classification and use designation of the approximate 9.5 acre property described in the legal description attached hereto and incorporated herein as Exhibit B is changed from Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU- 12) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 3. The zoning district classification and use designation of the approximate 6.6 acre property described in the legal description attached hereto and incorporated herein as Exhibit C Page 1 of 2 is changed fitom Neighborhood Residential 3 (NR-3) zoning district classification and use designation to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 4. The City's official zoning map is amended to show the changes in zoning district classifications. SECTION 5. 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 6. Any person violating any provision of this ordinance shall, upon conviction, be freed 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 7. 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 Danton, Texas, within ten (10) days of the date of its passage;/ pASSED AND APPROVED this the /~ -- day of'-~ j~Z?f'~* ~ ,2002. / EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 of 2 Exhibit A 34.19 Acres All that certain tract of land situated in the J. D. Lilly Survey Abstract Number 762 and the William Lloyd Survey Abstract Number 773 City of Denton, Denton County, Texas and being a part of the called 52.041 Acre Tract described in the deed from SAS & Associates, Trustee to SAS & Associates, Inc. recorded in Volume 3279, Page 544 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Northwest comer of the tract being described herein, at a 1/2 inch iron rod at the Northwest comer of the said 52.041 acre tract at the Northeast comer of Mozingo Addition as shown by the plat thereof recorded in Cabinet A, Page 8 of the Plat Records of Denton County, Texas on the South right-of-way of Texas & Pacific Railroad; THENCE North 69 Degrees 00 Minutes 56 Seconds East with the South right-of-way of the said Raikoad and the North line of the 52.041 acre tract a distance of 323.72 feet; THENCE Easterly across the 52.041 acre tract the following four calls: 1. South 00 Degrees 07 Minutes 25 Seconds East a distance of 363.94 feet; 2. South 89 Degrees 52 Minutes 35 Seconds East a distance of 728.66 feet to the beginning of a curve to the left having a radius of 800.00 feet; 3. along the arc of the said curve an arc length of 223.27 feet (chord bearing North 82 Degrees 07 Minutes 43 Seconds East a distance of 222.54 feet) to the end of the said curve; 4. North 74 Degrees 08 Minutes 00 Seconds East a distance of 61.70 feet to the West right-of-way of Nottingham Drive; THENCE Southwesterly with the West right-of-way of Nottingham Drive along the arc ora curve to the right having a radius of 460.00 feet, an arc length of 246.06 feet (chord bearing South 00 Degrees 32 Minutes 34 Seconds West a distance of 243.13 feet) to a 1/2 inch iron rod at a reentrant comer of the 52.041 acre tract; THENCE North 89 Degrees 08 Minutes 44 Seconds West with the South line of the 52.041 acre tract a distance of 335.24 feet to a fence comer post at a reentrant comer thereof; THENCE South 00 Degrees 47 Minutes 08 Seconds East with the East line of the 52.041 acre tract a distance of 1,154.06.24 feet to a 1/2 inch iron rod at the Southeast comer thereof; THENCE South 89 Degrees 56 Minutes 02 Seconds West with the North right-of-way of Lattimore Street and the South line of the 52.041 acre tract a distance of 994.85 feet to a fence comer post at the Southwest comer thereof and the Southeast comer of the said Mozingo Addition; THENCE North 00 Degrees 22 Minutes 31 Seconds East with the East line of Mozingo Addition and the West line of the 52.041 acre tract a distance of 355.58 feet to an angle point therein; THENCE North 00 Degrees 05 Minutes 09 Seconds West with the East line of Mozingo Addition and the West line of the 52.041 acre tract a distance of 668.01 feet to an angle point therein; THENCE North 00 Degrees 06 Minutes 04 Seconds West with the East line of Mozingo Addition and the West line of the 52.041 acre tract a distance of 144.25 feet to an angle point therein; THENCE North 00 Degrees 07 Minutes 25 Seconds East with the East line of Mozingo Addition and the West line of the 52.041 acre tract a distance of 427.63 feet to the Place of Beginning enclosing 34.19 acres of land. Exhibit B 9.52 Acres All that certain tract of land situated in the J. D. Lilly Survey Abstract Number 762 and the William Lloyd Survey Abstract Number 773 City of Denton, Denton County, Texas and being a part of the called 52.041 Acm Tract described in the deed from SAS & Associates, Trustee to SAS & Associates, Inc. recorded in Volume 3279, Page 544 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Northwest comer of the tract being described herein, on the South fight-of-way of Texas & Pacific Railroad and the North line of the said 52.041 acre tract from which a 1/2 inch iron rod at the Northwest comer thereof and the Northeast comer of Moz'mgo Addition as shown by the plat thereof recorded in Cabinet A, Page 8 of the Plat Records of Denton County, Texas bears South 69 Degrees 00 Minutes 56 Seconds West a distance of 323.72 feet; THENCE North 69 Degrees 00 Minutes 56 Seconds East with the South right-of-way of the said Railroad and the North line of the 52.041 acre tract a distance of 634.37 feet to the West right-of-way of Nottingham Drive; THENCE Southerly with the West right-of-way of Nottingham Drive the following three calls: 1. along the arc of a curve to the left having a radius of 540.00 feet, an arc length of 264.91 feet (chord bearing South 34 Degrees 55 Minutes 47 Seconds East a distance of 262.27 feet) to the end of the said curve; 2. South 48 Degrees 59 Minutes 02 Seconds East a distance of 164.69 feet to the beginning of a curve to the right having a radius of 460.00 feet; 3. along the arc of the said curve an arc length of 265.88 feet (chord bearing South 32 Degrees 25 Minutes 31 Seconds East a distance of 262.20 feet); THENCE Southwesterly across the 52.041 acre tract the following four calls: 1. South 74 Degrees 08 Minutes 00 Seconds West a distance of 61.70 feet to the beginning of a curve to the fight having a radius of 800.00 feet; 2. along the arc of the said curve, an arc length of 223.27 feet (chord beating South 82 Degrees 07 Minutes 43 Seconds West a distance of 222.54 feet) to the end of the said curve; 3. North 89 Degrees 52 Minutes 35 Seconds West a distance of 728.66 feet; 4. North 00 Degrees 07 minutes 25 Seconds East a distance of 363.94 feet to the Place of Beginning enclosing 9.52 acres of land. Exhibit C 6.63 Acres All that certain tract of land situated in the William Lloyd Survey Abstract Number 773 City of Denton, Denton County, Texas and being a part of the called 52.041 Acre Tract described in the deed from SAS & Associates, Trustee to SAS & Associates, Inc. recorded in Volume 3279, Page 544 of the Real Property Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Northeast comer of the tract being described herein, at a fence comer post at the Northeast comer of the said 52.041 acre tract; THENCE South 47 Degrees 33 Minutes 52 Seconds West with the East line of the 52.041 acre tract a distance of 877.32 feet to the North right-of-way of Audra Lane; THENCE North 79 Degrees 28 Minutes 27 Seconds West with the North right-of-way of Audra Lane a distance of 39.28 feet to a flare in the said right-of-way; THENCE North 38 Degrees 30 Minutes 40 Seconds West with said flare a distance of 45.76 feet to its intersection with the East right-of-way of Nottingham Drive; THENCE Northerly with the East right-of-way of Nottingham Drive the following three calls: 1. along the arc of a curve to the left having a radius of 540.00 feet, an arc length of 490.67 feet (chord bearing North 22 Degrees 57 Minutes 11 Seconds West a distance of 473.96 feet) to the end of the said curve; 2. North 48 Degrees 59 Minutes 02 Seconds West a distance of 164.69 feet to the beginning of a curve to the right having a radius of 460.00 feet; 3. along the arc of the said curve an arc length of 28.01 feet (chord bearing North 47 Degrees 14 Minutes 21 Seconds West a distance of 28.01 feet) to the North line of the 52.041 acre tract; THENCE South 89 Degrees 12 Minutes 08 Seconds East with the North line of the 52.041 acre tract a distance of 1,044.37 feet to the Place of Begirming and enclosing 6.63 acre of land.