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AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REGARDING A REZONING FROM A
NEIGHBORHOOD RESIDENTIAL 4 (NR-4) ZONING DISTRICT TO A NEIGHBORHOOD
RESIDENTIAL MIXED USE (NRMU) ZONING DISTRICT, WITH AN OVERLAY RESTRICTION,
ON APPROXIMATELY 4.9 ACRES. THE PROPERTY IS LOCATED AT THE NORTHEASTERN
CORNER OF MCKINNEY STREET AND MOCKINGBIRD LANE; PROVIDING FOR A PENALTY
IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF, SEVERABILITY AND
AN EFFECTIVE DATE. (Z13-0011)
WHEREAS, MJ Thomas, LLC, on behalf of the City of Denton, has applied for a change
in zoning for approximately 4.9 acres of land described in Exhibit "A", attached hereto and
incorporated herein by reference (hereinafter, the "Property"), from a Neighborhood Residential
4 (NR-4) zoning district classification and use designation to a Neighborhood Residential Mixed
Use (NRMU) zoning district classification and use designation, with an overlay restrictions; and
WHEREAS, on May 7, 2014, the Planning and Zoning Commission concluded a public
hearing as required by law, and recommended approval of the change in zoning, with a
restrictive overlay limiting a use; and
WHEREAS, on June 6, 2014, the City Council concluded a public hearing as required
by law and finds that the change is consistent with the Denton Plan and the 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 as true.
SECTION 2. The zoning district classification and use designation for the Property is
hereby changed from a Neighborhood Residential 4 (NR-4) zoning district classification and use
designation to a Neighborhood Residential Mixed Use (NRMU) zoning district classification and
use designation, as further restricted by the following overlay restriction:
1. Uses on the property shall be restricted to Community Services (Fire Station)
only.
Notwithstanding the attached real property description, the Property being amended
includes all property to the centerline of all adjacent street rights -of -way.
SECTION 3. The City's official land use map is amended to show the change in land use
designation.
SECTION 4. 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 provision of this ordinance are severable.
SECTION 5. 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 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 published in the City of
Denton, Texas, within ten (10) days of the date of its passage.
PASSED AND APPROVED this the ,�'�-day of "�� , 2014.
r
1S WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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EXHIBIT A
LEGAL DESCRIPTION (The Property)
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BEING ALL THOSE CERTAIN LOTS, TRACTS OR PARCELS OF LAND SITUATED IN THE M
YOACHUM SURVEY, ABSTRACT NO. 1442, CITY OF DENTON, DENTON COUNTY, TEXAS, As
CONVEYED TO Ti.,IE CITY OF DENTON IN VOLUME 335, PAGE 474, VOLUME 842, PACE 992;
COUNTY CLERKS FILE N U MEE R 2013,-121885 ALL !N TI-IE DEED RECORDS, DENTON COUNTY,
TEXAS (D.R,D.Co.,"I'x,), AND BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS,
AS FOLLOWS:
BEGINNING AT AN ALUMINUM TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT FOR
THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, SAID CORNER BEING
AT THE NORTHEAST INTERSECTION OF THE EAST RIGHT OF WAY (R-O-W) LINE OF
MOCKINGBIRD LANE, A 50 FEET WIDE R-O.VV AS DEDICATED TO THE CITY OF DENTON IN
VOLUME 574, PAGE 102, D.R.,D.Co.,Tx., AND THE NORTH R-O-W LINE OF FARM TO MARKET
HIGHWAY 426 (FM 426), COMMONLY KNOW AS McKINNEY STREET, A 100 FEET WIDE R-O-W;
THENCE NORTH 00 DEGREES 59 MINUTES 39 SECONDS EAST WITH SAID EAST R-O-W LINE A
DISTANCE OF 534.76 FEET TO A POINT FOR CORNER FROM WHICH A 1/2 INCH IRON PIPE
BEARS SOUTH 71 DEGREES WEST A DISTANCE OF 3 5 FEET;
THENCE SOUTH 88 DEGREES 35 MINUTES 07 SECONDS EAST WITH THE NORTH LINE OF THE
HEREIN DESCRIBED TRACT OF LAND, AT 2 41 FEET PASS A 112 INCH IRON ROD FOUND,
CONTINUING AT 5.01) FEET PASS THE SOUTHWEST CORNER OF LOT 19, BLOCK 11, SINGING
OAKS, FIRST SECTION ADDITION, AN ADDITION TO TI]E CITY OF DENTON, DENTON COUNTY,
TEXAS, AS RECORDED IN CABINET J, PAGE24, PI -AT RECORDS, DENTON COUNTYTEXAS
(P,R,,D Co Tx) CONTINUING WITH THE SOUTH LINE OF SAID BLOCK 11 FOR A TOTAL
DISTANCE OF 391 95 FEET TO A 112 INCH IRON PIN FOUND FOR THE NORTJ.LJEAST CORNER OF
THE HEREIN DESCRIBED TRACT OF LAND, "rHE COMMON SOUTHERLY CORNER OF LOTS 14
AND 15 OF SAID BLOCK 11, AND THE NORTHWESTCORNER OF LOT 27, BLOCK 11, SINGING
OAKS, SECOND SECTION ADDITION, AN ADDITION TO THE CITY OF DENTON, DENTON COUNTY,
TEXAS, AS RECORDED IN CABINET A, PAGE 117, P. R.,D Co,,TX, ;
THENCE SOUTH 01 DEGREES 46 MINUTES 15 SECONDS WEST WITH THE EAST LINE OF THE
HEREIN OF -SCRIBED TRACT OF LAND, THE WEST LINE OF SAID SECOND SECTION BLOCK 11, A
DISTANCE OF 5519 41 FEET TO A 5/8 INCH IRON PIN SET WITH A RED PLASTIC CAP STAMPED,
SEMPCO SURVEYING, INC. FOR CORNER, SAID CORNER ALSO BEING IN SAID NORTH R-O-W
LINE OF FM 426;
THENCE NORTH 84 DEGREES 54 MINUTES 57 SECONDS WEST WITH SAID NORTH R-O-W LINE A
DISTANCE OF 385.34 FEET TO THE POINT OF BEGINNING, HAVING AN AREA OF 4.876 ACRES,
MORE OR LESS.