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2002-247ORDINANCE NO. f4P -og¥7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A ZONING CHANGE FROM NEIGHBORHOOD RESDENTIAL 3 (NR-3) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD RESDENTIAL MIXED USE (NRMU) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR APPROXIMATELY 40.8 ACRES OF LAND LOCATED TO THE EAST OF NOTTINGHAM DRIVE, SOUTH OF UNIVERSITY DRIVE AND NORTH OF MINCJO ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING a SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. (Z02- 0022) WHEREAS, Denton Bible Church initiated a change in zoning for 40.8 acres of land generally located to the east of Nottingham Drive, south of University Drive and north of Mingo Road fi.om Neighborhood Residential 3 (UR-3) zoning district classification and use designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation; and WHEREAS, on June 12, 2002, 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; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The zoning district classification and use designation of the approximate 40.8 acre property located to the east of Nottingham Drive, south o f University Drive and north of Mingo Road, more particularly described by the legal description attached hereto and incorporated herein by reference as Exhibit A, is changed from Neighborhood Residential 3 (UR-3) zoning district classifications and use designations to Neighborhood Residential Mixed Use (NRMU) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. 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 Page 1 of 2 S:\Our Doeuments\Ordinanees\02kZ02-0022.doc 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 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 ~-~ dayof ~~-'~ ,2002. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~ Page 2 of 2 S:\Our Documcnts\Ordinances\02~Z02-0022.doc Exhibit A PROPOSED DENTON BIBLE CHURCH TRACTS William Lloyd Survey, Abstract No. 773, City of Denton, Denton County, Texas; DESCRIPTION, of a 37.469 acre tract of land situated in the William Lloyd Survey, Abstract No. 773, City of Denton, Denton County, Texas; said tract being comprised of all of the same tract described as the "Adams" tract in Special Warranty Deed from J&L Partners to Rancho Vista Development Company recorded in Volume 2695, Page 465 of the Real Property Records of Denton County, Texas and all of the same tract described in Special Warranty Deed from Reassure America Life Insurance Company to Kent Key recorded in County Clerk File Number 97-066865 of the Real Property Records of Denton County, Texas; a tract of land described in Cash Warranty Deed from Virgil D. James to Denton Bible Church recorded in Volume 4615, Page 1132 of the Real Property Records of Denton County, Texas; a portion of a tract of land described in Deed from Kathy Ann Srokoas to the Denton Bible Church, recorded in Volume 2145, Page 138 of the Real Property Records of Denton County, Texas, and a portion of a tract of land described in Deed from John Srokoas to the Denton Bible Church, recorded in Volume 2495, Page 675 of the Real Property Records of Denton County, Texas; said tract includes all of Lot 1, Block B, Denton Bible Church Addition, an addition to the City of Denton, Texas according to the plat recorded in Cabinet L, Page 108 of the Plat Records of Denton County, Texas and all of the same tract described in dedication for right-of-way from Charles D. Adams to the City of Denton, Texas recorded in Volume 666, Page 535 of the Real Property Records of Denton County, Texas, said 37.469 acre tract being more particularly described as follows; BEGINNING, at a 1/2-inch iron rod found; said point being in the south right-of-way line of East University Drive (U.S. Highway 380, a variable width right-of-way); said point being the most northerly northeast comer of said Rancho Vista tract and being the northwest corner of a tract of land described in Warranty Deed with Vendor's Lien from Mistry Enterprises, Inc to SM7, Inc d.b.a. Highland Food Store recorded in Volume 4311, Page 2828 of the Real Property Records of Denton County, Texas; THENCE, South 10 degrees, 12 minutes, 38 seconds West, departing the said south line of East University Drive and along the west line of said SM7 tract, a distance of 140.11 feet (140.00 deed) to a 1/2-inch iron rod found at the southwest corner of said SM7 tract; THENCE, South 79 degrees, 16 minutes, 10 seconds East, along the south line of said SM7 tract, a distance of 181.90 feet (181.72, deed) to a 1/2-inch iron rod found at the southeast corner of said SM7 tract; said point being in the west line of a tract of land described in Special Warranty Deed from BRE-N, Inc. to Denton Village East Apartments, L.P. recorded in County Clerk File Number 97-068469 of the Real Property Records of Denton County, Texas; THENCE, Southerly, along the said westerly lines of said Denton Village East Apartments tract, the following four calls; South 01 degrees, 21 minutes, 14 seconds West, a distance of 240.38 feet (240.18 deed) to a 5/8-inch iron rod found for corner; South 61 degrees, 10 minutes, 06 seconds West, a distance of 169.08 feet (169.86 deed) to a 5/8-inch iron rod found for corner; South 12 degrees, 39 minutes, 58 seconds East, a distance of 220.17 feet (220.00 deed) to a 1/2-inch iron rod found at an angle point; said point being the southeast corner of said Ranch Vista tract and the northeast corner of said Kent Key tract; South 12 degrees, 16 minutes, 07 seconds East, a distance of 324.00 feet to a 1/2-inch iron rod found for corner in the north right-of-way line of Mingo Road (a variable width right-of-way); said point being the southwest corner of said Denton Village East Apartments tract THENCE, South 69 degrees, 36 minutes, 53 seconds West, along the said north line of Mingo Road, passing at a distance of 1146.62 feet to a 5/8-inch iron rod found at the southeast corner of a said first referenced Denton Bible Church tract; then continuing along the south line of said Denton Bible Chumh tract in all a distance of 1226.51 feet to a 1/2~inch iron rod with "Pacheco Koch" cap set for corner; said point being the southwest corner of said Denton Bible Church tract and begin the southeast corner of a tract of land described in right-of-way deed from Denton Bible Church to the City of Denton, Texas recorded in Volume 2875, Page 473 of the Real Property Records of Denton County, Texas THENCE, North 18 degrees, 26 minutes, 31 seconds West, along an offset line in the said north line of Mingo Road and the east line of said right-of-way dedication, a distance of 20.05 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set for corner; said point being the southeast corner of the remainder of the third referenced Denton Bible Church tract; THENCE, South 69 degrees, 33 minutes, 54 seconds West, with the north line of Mingo Road, a distance of 472.16 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set at the southeast end of a right-of-way corner clip at the intersection of said north line of Mingo Road and the east right-of-way line of Nottingham Drive (an 80 foot wide right-of-way); THENCE, North 60 degrees, 39 minutes, 19 seconds West, departing the said north line of Mingo road and along said corner clip, a distance of 65.48 feet to a 1/2~inch iron rod with "Pacheco Koch" cap set for corner in the said east line of Nottingham Drive; said point being the beginning of a non-tangent curve to the right whose center bears North 81 degrees, 18 minutes, 10 seconds East a distance of 460.00 feet from said point; THENCE, in a northerly direction along said east line of Nottingham Drive and said non-tangent curve, through a central angle of 51 degrees, 44 minutes, 01 seconds, an arc distance of 415.34 feet, on a chord bearing and distance of North 17 degrees, 10 minutes, 10 seconds East, 401.38 feet to a 1/2-inch iron rod with "Pacheco Koch" cap set at a point of reverse curvature to the left whose center bears North 46 degrees, 57 minutes, 49 seconds West, a distance of 540.00 feet fi`om said point; THENCE, in a northerly direction continuing along said east line of Nottingham Drive and said reverse curve, through a central angle of 61 degrees, 28 minutes, 42 seconds, an arc distance of 579.42 feet, on a chord bearing and distance of North 12 degrees, 17 minutes, 50 seconds East, 552.02 feet to a 1/2-inch iron rod found at the end of said curve; said point being in the west line of a tract of land described in Executrix's Deed to Willie H. Rainey, Trustee of the William V. Rainey Testamentary Trust recorded in Volume 4423, Page 1870 of the Real Property Records of Denton County, Texas THENCE, South 18 degrees, 26 minutes, 31 seconds East, departing the said east line of Nottingham Drive and along the said west line of the Rainey tract, a distance of 438.74 feet to a 1/2-inch iron rod found at the southwest corner of said Rainey tract; said point being the northwest corner of the first referenced Denton Bible Church tract; THENCE, North 73 degrees, 54 minutes, 27 seconds East, along the south line of said Rainey tract, a distance of 91.68 feet to a 1/2~inch iron rod found for corner; THENCE, North 72 degrees, 37 minutes, 13 seconds East, continuing along the south tine of said Rainey tract, a distance of 50.36 feet (50.63 deed) to a wood fence post found for at the southeast comer of said Rainey tract; THENCE, North 07 degrees, 46 minutes, 58 seconds East, along an east line of said Rainey tract, a distance of 11.37 feet (11.34 deed) to a 1/2-inch iron rod found for corner; said point being the most northerly northwest corner of said Kent Key tract and the southwest corner of said Ranch Vista tract; THENCE, North 00 degrees, 35 minutes, 31 seconds East, continuing along an east line of said Rainey tract, a distance of 1054.96 feet (1055.69 deed) to a wood fence post found for corner in the said south line of University Drive; said point being the beginning of a non-tangent curve to the right whose center bears South 04 degrees, 56 minutes, 23 seconds East, a distance of 3749.92 feet from said point; THENCE, in an easterly direction along said south line of East University. Drive and said non-tangent curve to the right, through a central angle of 00 degrees, 13 minutes, 54 seconds, an arc distance of 15.15 feet (14.96 deed), on a chord bearing and distance of North 85 degrees, 10 minutes, 34 seconds East, 15.15 feet to a 1/2-inch iron rod found at a TXDOT wood right-of-way marker at the end of said curve; THENCE, South 88 degrees, 53 minutes, 59 seconds East, continuing along said south line of East University Drive, a distance of 759.01 feet (758.97 deed) to a TXDOT Concrete Highway R.O.W. monument found at the beginning of a non-tangent curve to the right whose center bears South 06 degrees, 09 minutes, 49 seconds West a distance of 3749.92 feet from said point; THENCE, in an easterly direction continuing said south line of East University Drive and along the said non-tangent curve to the right, through a central angle of 03 degrees, 43 minutes, 07 seconds, an arc distance of 243.37 feet (243.81 deed), on a chord bearing and distance of South 81 degrees, 58 minutes, 37 seconds East, 243.33 feet to the POINT OF BEGINNING; CONTAINING, 1,632,128 square feet or 37.469 acres of land, more or less.